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HomeMy WebLinkAbout3543 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, l.l., N.Y. llC~?l TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3543 Application Dated July 3], ]986 TO: Patricia C. Moore, Esq. as Attorney for MR. AND MRS. Main Road, Box 23 Mattituck, NY 11952 PETER HERZ [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on April 7, ]988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article X! , Section ]00-]]9.2(8) [ ] Request for Application of PETER AND BARBARA HERZ for Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new single-family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, Part of Lots 152 and llO; County Tax Map Parcel No. 1000-90-02-13.1. WHEREAS, public hearings were held in the Matter of PETER AND BARBARA HERZ under Appl. No. 3543 on the following dates: May 21, 1987; June 18, 1987; December 10, 1987, and March 17, 1988; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 2, Lot 13.1. 2. The subject premises contains a total area of 27,450± sq. ft. with 74.0 ft. frontage along the south side of Cedar Point Drive East at Bayview, Hamlet and Town of Southold, and is referred to as Lot 110 and part of Lots 109 and 152 on the Map of "Cedar Beach Park." 3. The subject premises is vacant land and is bulkheaded along a large portion of the westerly side property line (fronting a Pond (or Midway Inlet), and along the southerly rear property line 90.50 feet along a 1987 highwater mark of Little Peconic Bay, as shown on the survey updated January 12, 1987 by Young & Young (CONTINUED ON PAGE TWO) DATED: April 29, 1988. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2'- Appl. No. 3543 Matter of PETER AND BARBARA HERZ Decision Rendered April 7, 1988 Surveyors. 4. By this application, appellants request Variances from Article XI, Section 100-119.2(B) for the construction of a new single-family dwelling structure with the following insufficient setbacks: (a) setbacks from the westerly side property line at variables from 14.6 feet at its closest point, 19.3 feet at the southwest corner, 25 feet at the northwest corner to the westerly side property line, and 23.0 feet and 25.7 feet from the rear of the dwelling to the tie line along existing southerly bulkhead, as shown on Plan I [updated January 12, 1987, and prepared by Young & Young]; OR (b) setbacks from the westerly side property line at variables from 20.0 feet at its closest point, 24.8 feet at the southwest corner, 31.5± feet at the northwest corner to the westerly side property line, and 25 feet and 27.7 feet from the rear of the dwelling to the tie line along existing southerly bulkhead, as shown on Plan II [updated June 16, 1987, prepared by Young & Young]. 5. Article XI, Section 100-119.2(B) requires all build- ings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five [75] feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. The following additional information is noted for the record: (a) the applicants purchased the premises on or about March 29, 1982 for $85,000.00 [see deed at Liber 9163 cp 469]; (b) the appellants applied for a building permit on or about July 10, 1986 for the construction of a new single-family dwelling structure; (c) the appellants were issued a Notice of Disapproval by the Building Department also dated July 10, 1986, requiring action by the Board of Appeals under Section 100-119.2(B) of the Zoning Code and action by the Southold Town Trustees under Chapter 97; (d) on March 26, 1987, the Southold Town Board of Trustees granted conditional approval for a new dwelling [expiring March 26, 1988; see letter dated March 27, 1987 of the Town Trustees to Mrs. Patricia C. Moore]; (e) letter received June 23, 1987 from the Suffolk County Department of Health Services indicating that it seems possible "to change the configuration of the proposed dwelling and configuration of the sewage disposal system to effectuate greater distances from surface waters." (f) on October 4, 1987, the Suffolk County Department of Health Services approved construction of the proposed sewage and water systems under references #87-S0-206; (g) extensive testimony was given in behalf of the applicants by Herbert W. Davids, Environmental Consultant concerning the limited areas to place the sewage and water systems; (h) opposition has been received and considered concerning several areas of this proposed project [see transcripts of hearings for details]. Page 3 - Appl. No. 3543 Matter of PETER AND BARBARA HERZ Decision Rendered April 7, 1988 7. The following information is noted having been found after personal inspection and investigation: (a) the existing dwelling contiguous to the sub- ject premises to the east is presently set back 75 feet from the bulkhead along Little Peconic Bay; (b) the existing dwellings to the east and identified as Tax Map Parcels No. 1000-90-2-9.1 and 1000-90-2-6 [now or formerly of Blair and. T.uite~ res- pectively] are situated with setbacks varying between 32.50 ft. and 50 feet from the bulkhead along Little Peconic Bay; (c) the bulkhead along Little Peconic Bay along the subject premises is in very good condition; (d) the bulkhead along the northern area the westerly side of the subject premises is in a delapidated condition; of (e) the bulkhead along the southern area of the westerly side of the subject premises is in good to very good condition; (f) the area which is unbulkheaded between the northern and southern portions along the westerly side property line [of approximately 50 feet in length] and is beach area; (g) Predominant vegetation at the site is American beachgrass, which is an excellent erosion control plant and which have coarse sand or droughty soils. American beachgrass is extremely vulnerable to physical damage, and it is the understanding of this Board that these areas will be well protected and not disturbed in any manner; (h) Soil borings at the site have revealed coarse sand fill from 0-24 inches deep, silty sand fill from 24-36 inches, very fine loam and silt from 36-48 inches, and coarse sand from 48-60 inches below the surface; (i) Ground water appears to be at approximately 60 inches from the surface. (j) Midway Inlet appears to contain some filled lands at minimal heights above mean sea level. 8. This is an application for an area variance where the standard is whether strict compliance with the zoning ordinance will result in "practical difficulties." Although the Courts have not defined the term "practical difficulties," in the Case of Wachsberger v. Michaelis, 19 Misc. 2d 909, the Court said that the following matters should be considered: (1) how substantial the variance is in relation to the require- ments; (2) the effect, if the variance is allowed, of the increased population density thus produced on governmental facilities; (3) whether a substantial change will be produced in the character of the neighborhood or substantial detriment to adjoining properties; (4) whether the difficulty can be obviated by some method feasible for appellants to pursue other than a variance; (5) whether in view of the manner in which Pa'ge 4' Appl. No. 3543 Matter of PETER AND BARBARA HERZ Decision Rendered April 7, 1988 the difficulty arose and in consideration of the above factors, the interests of justice will be served by allowing the variance. 9. In applying the above considerations to the facts in this case, the Board finds: (a) that the variances requested are substantial in relation to the requirements as applied being variances of 66.6%, or 50 feet for the southerly yard setback along Little Peconic Bay, and of 80% at the closest point from the westerly side property line, or 60 fee%; (b) that there will not be. an increase in population density by this variance which would cause an undue burden on available governmental facilities; (c) that the grant of this variance for alternative relief will not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties; (d) there is no method available for appellants to pursue other than variance[s]; (e) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will not be served by granting the relief as applied; (f) the relief as requested is not the minimal necessary. 10. In granting "alternative relief, as further noted below, the Board finds: (a) that the variance is substantial in relation to the requirement, being a variance of 47%, or 35 feet for the southerly yard setback from the bulkhead along Little Peconic Bay, and of 80% at the closest point from the westerly side property line, or 60 feet; (b) that there will not be an increase in population density by this variance which would cause an undue burden on available governmental facili- ties; (c) that the grant of this variance for alternative relief will not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties; (d) there is no other method ~vail- able for appellants to pursue other than variance[s]; (e) in view of the manner in which the difficulties arose, the uniqueness of the character, soils, shape, size and location of this parcel, and in considering all the above factors, the Board finds that although the relief is not the minimal necessary, the dwelling structure, including liveable floor area, decks, carport, garage, porches, steps, raised walkways, and all other construction should be permitted within the approved building area, and the same is not unreasonable. ll. It is further noted that the relief, as alternatively granted herein, is not out of character with the immediate area and is within the average of those structures generally existing in this immediate area. 12. Also, under Appl. No. 3697 in the Matter of William and Paula Tuite for premises identified as District 1000, Section 90, Block 2, Lot 6, (to the west), a conditional variance was granted for an addition in line with existing dwelling at not closer than 32~6'' from the highwater area, and rendered February 2, 1988. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to DENY the relief as requested under Appl. No. 3543; and it was further RESOLVED, to GRANT alternative relief in the Matter the Application of PETER AND BARBARA HERZ under Appl. No. 3543 for new residential construction with the following of Page 5 - Appl. No. 3543 Matter of PETER AND BARBARA HERZ Decision Rendered April 7, 1988 CONDITIONS: 1. That the setbacks from the southerly yard area or bulkhead along Little Peconic Bay be not closer than 40 feet [inclusive of all overhangs, steps, decks, liveable floor area, etc.]; 2. That the setbacks from the westerly property line be not less than 20 feet at its closest points [inclusive of all overhangs, steps, decks, liveable floor area, etc.]; 3. That the setbacks from the easterly property line be not less than 13 feet at its closest points (or not less than 10 feet inclusive of all overhangs, steps, decks, raised walkways, and the like). 4. Principal building must comply with all other provisions of the zoning code (35 ft. height or 2½-stories total, 20% maximum lot coverage, etc.) as provided by Article Iii. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, C~IRMAN April 29, 1988 THE $OU'i'L~OLD YO", ~i~ ~.C .... 2'own C!c:k, Tc:¥n of Southold NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BOARD O_.~F APP~EALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, New York, on THURSDAYs MAY 21, 1987, at the following times: 7:35 p.m. File No. ~624 ERNEST TARMIN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to construct accessory structures with a setback of less than 100 feet from bluff/bank along the Long Island Sound. Location of Property: Right-of-way off the north side of Main Roads Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.1. 7:40 p.m. File No. 3625 PUDGE CORP. Special Exception to the Zoning Ordinances Article VIII, Section lO0-80(B) for permission to construct one-sto~y "mini-storage" buildings in this "C-Light'~ Industrial Zoning District. Location of of Horton's Lane, Southold, NY; County' Property: East Side Tax Map Parcel ID No. 1000-63-01-10. 7:45 p.m. File No. 3626 - NORTH FORK EARLY LEARNING CENTER. Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[3] for permission to establish private (nur~er~) school [or day-care center], as a nonprofit organization, at premises referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Nill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:50 p.m. File No. NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section 100-30(B)[3] subsections (a) and {d), for permission to establish nonprofit private (nursery) school [or day-care center] within existing building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community Center," north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39. 7:55 p.m. Variance to the for permission File No. 3630 JOHN KRAMER AND WAYNE DePETRIS. Zoning Ordinance, Article III, Section 100-60(C)[2] to replace existing ground sign~ the Tower edge of Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - May 21~ 1987 which shall be less than four feet above the ground. Location of Property: 54985 Main Road, Southold, NY; County Tax Map :Parcel ID No. 1000-62-1~5. IRWIN AND SONDRA THOMPSON. 8:00 p.m. File No. 3629 Variance To the Zoning Ordinance, Article VI, Section 100-62(E) and Article VII, Section lO0-71, for approval of an insuffieient sideyard setback to an existing structure and proposed new structure resulting from an alteration in the location of lot line of abutting parcel to the east. Zone District: "B-1 General Business." Location of Property: Corner of north side of Main Road and eas~ side of Boisseau Avenue, Southold, NY (Thompsdn's Emporium); County Tax Map Parcel ID No. 1000-63-03-08. i 8:05 p.m. File No. 3586 ROBERT AND HELEN DIER. Speo'ial Exception to the Zoning Ordinance, Article III, Section lO0~!~ 30(B)[16] for permission to establish "Bed and Breakfast Us~,~' an owner-occupied building, other than a hotel, where lodging and breakfast is provided for not more than six casual, transient roomers, and renting of not more than three rooms, in conjunction with present single-family use and accessory apartment use established under Appl. No. 3597 March 5, 1987. Location of Property: 355 Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. 8:15 p.m. File No. 3439 - ARNOLD AND KAREN BLAIR. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Place), Eass Marion, NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157~ 158, 159, 160, 167 thru 172, inclusive, 151, 153; County Tax Map Parcel No. 1000-037-7-1C.2~ ="~ 8:20 p.m. File No. 3543 PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate new single-family dwelling with insufficient ~setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, part of Lots 152 and llO; County Tax Map Parcel Nee 1000-90-02-13.1. 8:~5 p.m. File No.~2 - BENJAMIN HERZWEIG_ an___d~ WILLIAM MOORE_.~V~ance to~e Zoning~ Ordinance, Article ×I, Section 100-119.2 fo~ission to locate new single-family dwelling with an i~t setback from nearest wetland grasses/areas. Locatio~f Propert~.'~ East Side (#375) Meadow Lane, Mattituck, NY; tares #4453, Lot 42~ County Tax Map NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the 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, Main Road, Southold, New York, on THURSDAY, JUNE 1~8, ]'.987, at the following times: 7:35 p.m. Appl. No. 3605 TED DOWD. Variance for Approval of Access pursuant to New York Town Law, Section 280-a, over a private right-of-way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suffolk County Tax Map as District 1000, Section 56, Block 1, Lot 5.1 (5), containing 7.3± acres. 7:40 p.m. Appl. No. 36'32 Rehearing on Amended Application of NORTH FORK EARLY LEARNING CENTER. Variance to the Zoning Ordinance, Article III, Section lO0~30(A) to permit the estab- lishment of a Day-Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mattituck, NY; County Tax Map Parcel ID No. 1000-140-2-39, containing 1.75± acres. 7:45 p.m. Appl. No. 3637 C. KAPOTES AND A. HOMAYUNI. Variance to the Zoning Ordinance~ Article III, Section lO0-31 (100-32) for permission to construct deck addition to dwelling with an insuf~cient frontyard setback from Soundview Avenue. Location of Property: East side of Goldin Avenue and south side of Soundview Avenues Southold, NY; County Tax Map Parcel ID No. 1000-135-2-22. 7:50 p.m. Appl. No. 3641 BRETT AND JANET KEHL. Variance to the Zoning Ordinance, Article III, Section 100-32(A) for approval of the construction of an accessory building with height in excess of maximum 18-feet, or in the alternative, Article III, Section lO0-31(A) for permission to construct addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. t000-78-4-32. Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18, 1987 7:55 p.m. Appl. No. 3634 - RICHARD F, MULLEN, JR. Variance to the Zoning Ordinance, Article XI, Section lO0-119.1(A) for permission co erect fencing tn the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; Cou.nty. Tax Map D~strict 1000, Section 62, Block 3, Lot ]9. -- 8:05 p.m. Appl. No. 3412 as Amended WILLIAM MOORE and BENJAMIN HERZWEIG. Variances to the Zoning Ordinance, Articles: (a) XI, Section ]00-119.2 for an insufficient setback from wetlands area, and (b) III, Section 100-31 for an insufficient frontyard setback, for a proposed single-family dwelling structure at premises known as 675 Meadow Lane, Mattituck Estates Map #4453, Lot #42, Mattituck, NY; County Tax Map District 1000, Section 115, Block 05, Lot 007, containing .51± acre. 8:20 p.m. Aopl. (To ~e re=onvened) 8:30 p.m. AOD1. (To be reconvened) - No. 3629 - IRWIN AND SONDRA THOMPSON. No. 3543 PETER AND BARBARA HERZ. ~ 8:40 p.m. Appl. No. 3640 - FRANK AND EDITH SAWICKI. Variance for approval of insufficient width of three oarcels in this pending Minor Subdivision, each having a minimum lot area of 80,000 sq. ft. Location of Property: north side of C.Ro 48 (a/k/a North Road), Southold, NY; County Tax Map Parcel ID No. 1000-51-3-12.1, containing 15± acres. 8:50 p.m. Appl. No. 3625 PUDGE CORP. Resolution concluding hearing. (No oral testimony.) 8:55 p.m, Appl. No. 3638 JAMES AND MARY TYLER. Special Exception modifying Appl. No. 3400 to permit vehicle doors facing street side as constructed in this establishment of a public garage under Article VII, Section 100-70(B)[4] of the Zoning Code. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot #3; County Tax Map District 1000, Section 125, Block l, Lot 19.6. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 18, 1987 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard ~n each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: May 21~ 1987. BY ORDER OF THE SOUTHOLD TOWN ~QARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Notice to Newspapers: Please publish once, to wit, June ll, 1987 and forward two affidavits of publication to: Board of Appeals, Ma~n Road, Southold~ NY 11971 on or before June 15th. Thank you. NOTICE OF HEARINGS NOTICE IS HEREBY G~VEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will b~ held by the SOUTHOLD TOWN BOARD OF APPEALS$ at a'Regular Meeting at the'Southold Town Hall, Main Road, Southold, New York, on ~THURSDAY~ DECEMBER 10~ 1987 at the following times: 7:30 p.m. Appl. APODIACOS. Variance Section lO0-31,.Bulk No. 3566 -THEODOSE TRATAROS and ERAKLIS to the Zoning Ordinance, Article III, Schedule, for approval of insufficient lot area of proposed Parcel #1 in this pending set-off division of land located along the south side of the Main Road, and. extending along the east side of Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 5, Lot 3, containing a total area of 3.262 acres~ 7:35 p.m. Appl. No. 3694 ' THERESA CZECH. Variance to the Zoning Ordinance, Article III, Section lO0:31,Bulk Schedule, for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin L~ne, Southold, NY; . County Tax Map District lO00, Se~'tion 135, ~lock 2, Lot 19. 7:40 p.m. Appl. No. 3695 - HENRY J. SMITH & SON. Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80(B) for permission to construct truck-storage building in this "C-L~ght Industrial" Zoning District at premises known as 2740 Peconic Lane: Peconic, NY; County Tax Map District 1000, Section 74, Block 2, Lot 19.1. 7:45 p.m. Appl. No. 3689 PETER AND DIANE' LUHRS. Special Exception to the Zoning Ordinance, Article VII, Section lO0-70(B) for permission to construct addition for a repair station in conjunctio~l with Special Exceotion Permit #3161 rendered October ll, ~983, a~ premises known as 45845 North Road, Southold, NY; County Tax Map Distri. ct 1000, Section 55, Block 02, Lot 17. Zone District: "B-l." 7:50 p.m. App!. No. 3691 HOSNY SELIM. Variance to the Zoning Ordinan. ce, Article III, Section 100-32 and Page 2- Notice of h'~arings Southold Town Board of Appeals Regular tqeeting - December 10, 1 987 Article XI, Section 100-119.2 for permission to locate inground swimmingpool with decks and fence enclosure landward of existing dwelling in the front yard and within lO0 feet of the Long Island Sound, at premises known as 855 Soundview Avenue, Mattituck, NY; County Tax Map District 1000, Section 94, Block 01, Lot 07. 8:05 p.m. Appl. No. 3696 RICHARD NASS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, Southold, NY; County Tax Map District lO00,- Section 56, Block 5, Lot 25. to as Section 100-119.2 as 8:10 p.m. Appl. No. 3676 ~ ANTHONY ROBUSTELLI. Variances the Zoning Ordinance, Articles: (a) III, Section 100-3i to insufficient rear yard and side yard, and (b) XI, to insufficient setback from bulkhead and ordinary highwater mark, :~nd (c) as to excessive lot coverage, for the of a deck addition, at premises known Cutchogue, NY; Lot 23 and part of 22, County Tax Map District 1000, Section and 18. ItI,'Section lO0-31 proposed construction as 5 Haywaters Road, Peconic Bay Properties; lll, Block 1, Lots 19 8:15 p.m. Appl. No. 3671 - ANDRE' AN;D THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section lO0-30A for permission to utilize premises for book-publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residential and Agricultural. Locationof Property: West Side Depot Lane, Cutchogue, NY; Dj:strict 1000, Section 96, Block 5, Lot 1.2 and.part of /~ 8:25 p.m. Appl. No. 3543 - PETE-~R AN~B BA~RBAR~A H~ER~Z. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate new single-family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and'Hog- Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park MaP, Part of Lots 152 and llO, county x Map Parc'el No. 100~£90-02-13.1. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting - December 10, 1987 8:40 p.m. Appl. No. 3561 - DOROTHY L. ROBERTSON. Variances to the Zoning Ordinance, Article III: Section 100-31, Bulk Schedule, for approval of the insufficient lot area of two proposed parcels in this pending set-off division of land with frontage along the south side of North View Drive, the east side of Private Road and the north side of South View Drive, Orient, NY; County Tax Map District lO00, Section 13, Block l, Lot 10, 8:55 p~m. Appt. No. 3686 ~ FREDERICK AND DIANE RAYMES. Variances to the Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for permission to locate dwelling with a~.setback of less than 75 feet from existing bulkhead along Gull Pond ~nlet, (b) III, Section 100-31, for permission to locate dwelling with an insufficient frontyard setback, at premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, Lot 19. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearin§~ For more informa- tion, please call 765-1809. Dated: November 18, 1987. BY ORDER OF T~ SOUTHOLD TOWN ~OARDiOF ~?PEALS GERARD P, GOEHRINGER, CHAIRMAN Linda ~owalski, Board Secretary NOTICE OF'~HEARINGS NOTICE IS HEREBY GIVEN, pursuaHt to Section 267 of the Town Law and the Code of the Town of Sou~hold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting a~ the SoJthold Town Hall, Main Road, Southold, New York, on THURSDAY, MARCH 17, 1988 at the follow- ing times: 7:30 p.m. Appl. No. 3714 DALE MAYNARD. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the insufficient area and width of two parcels as aomroved by the Planning Board in the subdivision known as "Seawood Acres-, Section I", Filed Map No. 2575. Location of Property: West Side of Seawood Drive, Southotd, NY; County Tax Map Parcels No. 1000-79-7- 64 and 65. 7:40 p.m. Appl. No. 3713 - ROBERT STARON. the Zoning Ordinance, Article III, Section 100-32 for of the construction of accessory storage shed with an cient setback from property lines a~ premises known as Waterview Drive, Southold, NY~ County Tax Map Parcel No. 1000-78-7-54. Variance to approval issuffi- 1490 7:45 p.m. Appl. No. 3711 ERNEST AND DORIS ROBINSON. Variance to the Zoning Crdinance, Article XI, Section 100-119.2 for permission to construct deck with an insufficient setback from existing bulkhead at premises known as 915 Mill Creek Drive, Southold, NY~ County Tax Map Parcel No. 1000-135-3-37. 7:50 p.m. Appt. No. 3712 - qOBERT CLEMENS. Variances: (a) to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct additions to dwelling with an insufficient rearyard setback from the easterly property line, and (b) for approval of access pursuan~ to New York Town Law, Section 280-a over a private right-of-way extending off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-17. /~- 8:00 Variances 100-119.2 p.m. Appl. No. 3543 - PETER AND BARBARA HERZ. ~ to the Zoning Ordinance, Article XI, Section for permission to locate new single-family dwelling Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 17, 1988 with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, Part of Lots 152 and 110; County Tax Map Parcel No. 1000-90-02-13.1. 8:20 p.m. Appl. No. 3687 JON C. KERBS. InTerpretation and, if necessary, Variance under Article XI, Section 100~119.2 of the Zoning Code, for permission to locate building 75 feet from the N.Y.S.D.E.C. determined tidal wetlands line as approved under D.E.C. Permit #10-86-0092 and In accordance w~th Town TrJs~ees Wetland Permit No. 373 conditionally approved June 25, 1987. Location of ProDerty: East Side of Narrow River Road, Orient, NY; County Tax Map Parcel No. t000-27-2-5. 8:35 p.m. Appl. No. 3710 THE COVE AT SOUTHOLD, INC. Variance under Article XI, Section 100-119.2 of the Zoning Code, for permission to locate buildings 75 or more feet from the N.Y.S. D.E.C. determined tidal wetlands line and at not less than 18 feet from the Town Trustees determined wetland grasses as approved under Trustees Permit Application No. 601. Location of Property: South Side of Main Ba~view Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-20. The Board of Appeals will hear at said time and place all representatives or persons desiring to be heard in each of the above matters. Each Hearing will not start before the time allotted. Written comments may be submitted prior to the conclusion of the subject hearing. For more informa- tion, please call 765-1809. Dated: March 3, 1988. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary TOWN OF SOIJTItOLD BUILDING DEPARTMEBrr TOWN CLERK'S OFFICE SOUTItOLD, N,Y. NOTICE OF DISAPPROVAL File No ................................ ....... .'~..~.,. ~.~ .................. ?_-~. ~.4.~...~. :?/.:..u..*. 7/... PLEASE TAKE NOTICE tha~ your application datetl .~ / 0 ~ ~, .... 1..x4~ ............. , 19 .... .. fo, ~,e,~,t to ~o~t.. ~. ~ .j~:..~ O.~~. .......... , ......... ~od~ ~o .................................... ' ..... -'~' ....... Cou~t~ Tax Map No. 1000 Section ,.. ~. ~ .... Block .... ~. & .... Lot ..{,g.', [ ...... Suba~on~&~q~ .~. Fil,d Ua~ No .... ~.O ......... Lot No. {~r.~ / ...... ~ r0m,a h,~with and disapproved on the follow~g ~ou~ds ~.~ ~. ~ .~. ~ ~. w' .................... ~ ........ ~ ...... ~ B~ldLng Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. (Building lnspe?for) APPLICATION FOR BUILDING PERMIT Date ~~' I ~ 19t~ ! INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining orem~ses or public streets or areas, and giving o deteiled description of layout of property must be drawn on the diogrem which is part of this location. c. The work covered by this application may not be commenced before issuance of Building Permit. d, Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant, Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in port for any purpose whatever until a Certificate of Occu6ancy shall h~ve been gronted by the Building Inspector, APPLICATION 15 HEREBY MADE to the Building Department for the issuonce of ~ Building Permit pursuant to the Building Zone Ordinance of t~e Town of Sout~old, Suffolk Count, New York, end other applicable Lows, Ordinances or Regubtions, for the construction oi buildings, ~dditions or alterations, or for remowl or demolition, ~s ~erein described. The applicant ~grees to comply with ~11 applicable bws, ordin~es Qnd regulations. (Address of applicant) Crate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. If applicant is e corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No:. .4, .~.Z: ..~.~.~.:.~...?.,~<. Lot No. Street and Number .. ~. . .¢.:. .... ./.' ,:: ...... ~ ...... . , r ..... . L , ................ Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ....... ...,~...¢...¢~ ....... ~.~. ............................................................................... b. Intended use and occupancy .......... ~...L~.c~.. '1 ........................................................... 3. Nature of work (check which applicable): New Building...../~:..-x]".. .... Addition ....................Alteration Repair .............. ,~...RemovaJ .................... Demolition .................... Other Work (Describe) 4. Estimated Cost,.'.....~:....~.~/....~...~..b?......~.,/...J..~. ................... Fee ,~.~ ................................................... (¢o be paJd on filing this ~ppHcQtJo~) 5. If dwelling, number of dwelling units ................................ ~umber of dwelling units on ~ach floor ............................ If garage, number of cars 6. If business, commercial or mixed occupancy, speci~ nature and extent o9 each type of use 7. Dimensions of existing structures, if any: Front ............................ Rear ........................... Depth Height ............................Number of Stories Dimensions of same str~cture with alterations or additions: Front ................................ Rear ................................ Depth .............................. Height .............................. Number of Stories ............................... 8. Dimensions of entire new construction: Front ....... ~ ...... ~ ...... Rear ....... ~.g.:..~ ..... Depth Height ............................ Number of Stories _.~ 9. Size of lot: Front ....... ~..~...} ........... Rear ......... ~..~ .......... ~pth .~.~,~..~ 10. Date of Purchase .............. ...................... Nome of Former Owner ..... Z~ ............................... 11. Zone or use district in which premises are situated ............... ~ 12. Does proposed construction vi~late an~oning law, ordinance or regulation? ..... ~ 13. Name of Owner of prem ses.~..~~.'~~ ..Address ,. ~~.,~ ............. Phone NO NameName Olaf ArchiteCtcont ractor.....~...~~ ......................................................~ ~~ ....... Ad~reSSAd~ress ........ ............~__ .} ........ ~ _..~}}~}~.}~Phone. ~hone ~0.~0 PLOT DIAGRAM Locate clearly and distinctly oil buildings, whether existing or proposed, and indicate all set-bock dimensions from property lines, Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NE~,.Y,C~,,j~ }~ S S COUNTY OF ....~.Gz.......) ,~ ' ........................ .~¢~...~......~~ ........... being duly sworn, deposes and says that he is the applicant (Name of individual signing application) above nam ~ed.' He is the ............... ~...~~.;..............,...,............,.,...~-....o,,..o..,........,....._ (Contractor, egent, corJSorate officer, etc.) ---~ of said owner or owners, and is duly authorized to perform or have performed the said work and to make and-file this application; that ali statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith, Sworn to before me this ........ ~ day of ........ ~~..~. 19 ~ .~: ..... "'~,~ c~(S~gna~r9 at a~canb TOWN OF SOUTHOLD, NEW YORK DECISION OF BUILDING INSPECTOR APPEAL NO. ~ DATE ...Z/i.~...O/~., ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..2..e..t..e.~...~-e.E~..~..].a.~.~.a...~.e.~ ........... of .......... ~.0..0....0..a..~..,P.~x.e. ........................................ Name of Appellant Street ~nd Number ............................ .E,.a,.s..t....H..i..1..l..s.:. ............................................ .N..e..w....Y..o..r..k. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........,J..u.,l,~.,..l..O.~.,.1.~,6. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) ( ) Nome of Applicant for permit of Main Road~. ...~,q.u.~.q~.4 ......... New York Street and N-~mber Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY i. LOCATION OF THE PROPERTY .7..0.,..C..q.d.a.X..Z.o.~,q,~...~X~X,e..~. ,8..o.g.t.,'g,o.Z.d, ..... Street Use District on Zoning Mop 1000..,-,..9..0.,.T....0..2...7:..1,.3.:..1. .................................. Current gwner Peter Herz and Barbara Herz ~l~ ,l~. ~ ..... ~. ~.~cig,t ..c~i~ Article 11i Sec. 100-]19.2 (Wetl,and) [Article 1 Sec. ~7-1313) 'l'rusteesJ 2 PROVISION (5) OF THE ZONING ORDINANCEAPPEALED (I,dicate the Article Section, Sub- section and Paragraph o~ the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is mode herewith for (~) 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 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppea! was ( ) request for a special permit ( ) request for a vanonce and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Appellants wish to build 2 1/2 story single family dwelling on their waterfront lot. The architechural design of the house requires a variance from the 35 foot height schedule. ~ ~T~el~g ~q,,~ ..... ~=~ 2 f~t '.'?~ ycrmitti--~ 37 ~=t h~iskt of a g!g3z a.,cl~o=zc. The dwelling deck requires a setback from the 35 foot rear yard setback to 23 feet. Appellant intends to build within 75 feet of the bulkhead requiring approval from the Zoning Board and Trustees. (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~p~=ll~.L~--h~"~--i~w~t~-d-i~--~--eemp ' ~, ~ ~- ' n ~i-~.~ -~ .... _ . ~ _ . _7 ; , -"-~ ' . (See attached drawings). The lot was created prior to 1 acre zoning and has been owned as a single and separate lot since it was created~ The setback requirements under ~A~ bulk and parking schedule are entitled to, as a matter of right~ 35 front yard one side yard i0 feet, both side yards 25 feet, rear yard of 35 feet~ ~pellants wish to extend a deck to 23 feet from the bulkhead requiring a variance from the 35 foot setback requirement. (See attached survey) The dwelling must remain ~n its proposed location because the cesspool must be 100 feet from surface waner. 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this property cna in this use disCrict because this property is surrounded on two sides by water. The property is completely bulkheaded and construction has been approve~ by the D.E.C. The cesspools have been located and were approved by the Suffolk County Health Department. 3 Tine Variance would observe the spiri¢ of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the architecturally &esigned house is a substantial structure which will no doubt increase the value of surrounding properties~ COUNTY OF ~o~-~D6~ ) ~ ~ Signature Sworn to this ...................... .~.-2..~. ................ day of ....................... ~J..u.~2 ......................... 19 8fi OWNER: {' VI LLAGE SUB. LOT ~ORMER OWNDR N RES, SEAS. VL ,~/,~, FARM LAND IMP. TOTAL DATE E W CB. MISC. REMARKS Mkt. Value ACR, TYPE OF BUILDING AGE NEW BUILDING CONDITION FARM Tillable Tiibble 2 NOP~V~AL, ~ BELOW -- Acre Value Per  Acre TilbbJe '~3 Woodland Swampland Drushlond House PJot ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH U_LKHEAD '"1~ should be this Dep~rtment F~ SURVEY FOR PETER HERZ ~ BARBARA HERZ COUNT¥~ NEW YORK $CALE~ 1"=40' HO. 81-798 GUARANTEED TO= 2 YOUNG 6 YOUNG Av~E RIVERHEAD~ NEW YORK ALDEN W. YOUNG~ PROFESSIONAL ENGINEER SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI P. O. BOX 389 (516) 7a7- 4100 FAX (516) 727-4130 January 6, !- 1989 Gerard P. Goehringer, Chairman Town of Southold Zoning Board 53095 Main Road Southold, New York 11971 Re: Deleo v. Town of Southold Zoning Board Dear Gerry: Please be advised that a Noti~ of Appeal has been served in the above matter pertaining to the Herz determination. // VT truly youth, FAI:knm cc James A. Schondebare, Esq. SMITH~ FINKELSTEIN~ LUNDBERG~ ISLER AND YAKABOSKI November 15, 1988 Southold Town Board of Appeals Main Road - State Road 25 Southold, NY 11971 ATT: Linda Kowalski Re: DeLeo vs. Goehringer Dear Linda: I am enclosing a photostat of the just received decision in the matter of DeLeo vs. Goehringer, et al, I thought you and the Board might enjoy reading. Very truly yours, FRANC~.YAKABOSKI FJY:fb enclosure which APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 qOUTHOLD, /.I., N.Y. llg?l TELEPHONE (516) 765-1809 MEMORANDUM TO: FROM: DATE: SUBJECT: Board of Appeal Members Gerry Goehringer Chairman November 28, 1988 Severus S. DeLeo vs Zoning Board of Appeals For your information attached is a copy of the decision in the above referenced matter. tr Enclosure APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHA/RMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.$AWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 c:OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 MEMORANDUM FOR THE RECORD UPDATE CONCERNING ARTICLE 78 PROCEEDINGS IN THE FOLLOWING MATTERS: Matter of Herbert Mandel v. ZBA - Appellant Division dismissed appeal. Matter of DeLeo v. ZBA (Herz Property) - Attorney Cron has appealed Supreme Court Decision. Per telephone conversation today with Frank Yakaboski. 1/6/891k SMITH, FINKELSTEIN1 LUNDBERG, ISLER AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW November 14, 1988 Gerard P. Goehringer, Chairman Zoning Board Town of Southold 53095 Main Road Southold, New York 11971 Re: DeLeo, Serverus S. v. Zoning Board of Appeals et. al. Dear Gerry: Enclosed please find the Court's decision dismissing the challenge brought by Mr. DeLeo to tLe variances granted by the Board on the Herz application. We will prepare a form judgment shortly. y/~r Ver uly yours, FRANK A. ISLER FAI:knm Enc. cc James A. Schondebare, Esq. Town Attorney w/ Enc. MEMORANDUM SUPREME COURT, SUFFOLK COUNTY In the Matter of the Application of SEVERUS S. DELEO, Petitioner, For a Judgment ~ursuant to Art. 78 of the CPLR, -against- GERARD P. GOEHRINGER; CHAIRMAN, CHARLES GRIGONIS, JR., SERGE DOY! JR., ROBERT J. DOUGLAS,and-JOSEPH~ H. SAWICKI, constituting the SOUTNOLD TOWN ZONING BOARD 0F~ APPEALS, AND PETER HERZ & BARBARA HERZ, Respondents. I.A.S. PART lIrERM B~ENNETH K. ROHL~. $. C. DATED November 9, 'INDEX NUMBER 88-8904,, CDISPSUBJ ' 10 88 Cron and Cron, Esqs. Attorneys for Petitioner Main Road, P.O. Box 953 Cutchogue, New York 11935 Smith, Finkelstein, Lundberg, Islet and Yakahoski, Esqs. Attorneys for Respondents P.O. Box 389 Riverhead, New York 11901 Petitioner (DeLeo)"'an adjoining landowner, seeks ani0rder annulling a determination of respondent Southold Zoning Board of Appeals (BOard), filed April 29,. 1988, which granted respondents/i.ntervenors Peter Herz and Barbara Rerz (Herz) modified application for ~i.deyard and setback. variances as a condition precedent to their construction of a single family residence on their irregularly shaped p~rcel located in Residential and Agricultural District" Southold Code Secs, 100-3O; 100-121,122. A'preliminary stay barring ' ' issuance of a building permit pend- ing final disposition of this Article 78 proceeding was granted on May 26, 1988. DeLco contends the relief granted by the Board ~s unre~son~bl~ illegal; an improper abuse of discretion not supported b~ evidence and not in harmony with. the purpose ~nd ~ntent of th~ zo~n$ ordinance or the public interest, , He disputes that the Herz property is irregula~ and uniq~$ variances were ever necessary prec~den~ tO permitted Or altern~$&ye cQn- struction on the subject parcel; that attempts, to ¢~mpro~se to benefit all parties were examined ~nd ~elghed by the ~dml,n~$r~tSye agency with the assistance of experts ~t ~hree public he~r%ng~ ~ye~ approximately one-year period. DeLeo iL p~rticularly chagrined ~h0Bt the "cpmplex" style of the dwelling proposed, an~ 'character$,ze~ the' . Herzs';reJection of his counter-Plan for ~ dwelling sulted-t~ hi§ (~~t the Herzs') style and taste, as "self imposed hardshiP." The Board's actions are also alleged to be pr0cedurall¥ d~fa¢$$ye~ -1- The Herz property, Lots ll0, 109 and 152 on the Subdivision Map Df Cedar Beach Park, Southold, filed December 20, 1927, designated Map No. 90, pre-existed the current zoning district and have been held in single and separate ownership since creation. These are within an "A" Residential/Agricultural zone and aggregate 27, 450 square feet. The property is in fact long and narrow, with an irregular con- figuration formed by a pond which cuts into the middle of the western boundary. Little Peconic Bay borders the parcel on the south, Middle Inlet on the west and bulkheads appea~ on both borders. The parcel was purchased in 1982 and application for a building permit was made July 10, 1986. Such was denied pending the granting of requisite variances. Southold Code Secs. 100-119(2); 97-13(3). Variances, preliminar~ to the construction of a permitted single family dwelling on the subject parcel, were, clearly required'as the ~arcel is irregular, bordered by water, and sensitive to edological concerns. Hearings, prior approvals and consideration of the Town Board of Trustees regarding wetlands, the Suffolk County Department of Health Services concerning construction.of proposed sewage and water systems, and by Respondent for variances were necessary. Appeal was taken to the Board of Appeals and Town Trustees on July 30, 1986, for setback and height variances and .hearings covering all issues were held on May 21, 1987, June 18, 1987 and March l?, 1988. Expert' testim0ny provided by the Herz' witnesses established tha limited choices for situating the well and sanitary system and the most appropriate position for the house, from an environmental perspective. Vegetation, soil borings, ground water and other necessary environmental tests have been conducted. There was no evidence of increase in population 'density, burden on public facilities, change in neighborhood character,'or other factors adverse to adjoining parcels. On March 26, 1987, conditional approval was granted with regard to the wetland setback. On October 4, 1987, the Suffolk County Department of Health Services passed on the c'onstruction of the sewer and water sys- tems. Upa~ careful consideration of the importance of County Health Service requirements, zoning and wetland conditions and the needs and demands of adjoining landowners, the Board unanimously resolved, on April 29, 1988, to deny the application as originally submitted but to grant alternative relief subject to five conditions which modified the setback and con-' sDruction proposed. The action taken was both reasonable and authorized. L~zilotta v. Lazarus, supra; Svenningren v. Passidomo, 62 NY2d 967, 4?9 NYS2d 335; Gordon v. ZBA~ Town of Clar~ston, 126 Misc2d 75, 418 N¥S2d 275; Point Lookout Civic Assn. v. ZBA~ Town of 'Hempstead, ll2 Misc2d 263, 446 ' NYS2d 856; Freese v'.' Levittan, ll? AD2d ~05, ~99 NYS2d 128. Respondent's modification of the proposal in conjunction with a thorough investigation and proof which demonstrated minimal, if any, impact on the community; the absence of alternatives; uniqueness and irregularity in shape, sub- stance, locality and consistency with neighboring characteristics, re- flects that the decision of the Board was neither arbitrary, capricious, illegal, improper or otherwise an unprecedented exercise of power or abuse of its discretion. CPLR 7801, ?803, et seq., Fuhst V.' FoleM, supra; Lanzilotta v. Teramo Development Cor~., 127 AD2d 727, 512 .NYS2d 16~, app. dism. ?G NY2d 927. Findings made by the Board that practical difficulty had been ~own and that no legitimate public interest was atrisk mandating strict ~adherence to the Code,.are established bY substanti.al evidence on the , '~record and cannot and Will not be disturbed b~ this Court (Matter of Fuhst .v. Foley, 45 NY2d ~l, 410 NYS2d 56.) T~e Board's determination after three he,rings, their personal view- ing and the familiarity with the parcel; their decision to deny the original application for setback and height variances; and its ultimate approval of alternative but modified relief, subject to enumerated condi- tions, was reasonable. Cowan v. Kern, ~l NY2d 591, 394 NYS2d 5?9. Also noted is that while petitioner.accurately contends that the Board was without Jurisdiction unless application for variance had been made by a landowner (Balsam v. JaE~er, 231 NYS2d 450), such application having in fact been made invoked its authority to review, waive, modify or impose reasonable conditions on the variances sought. Town Law 26?(2), 26?(5); Code of the Town of Southold, Zoning, Sec. 100-20, 100-30, 10O-ll8, 100-119.2(B), 100-121(A), (B), (C), (D), 100-122, 100-123; Jewish Recon- structionist Syna~osue of North Shot% Inc. v. Levittan, 34 NY2d B27, 359 NYS2d 55. For the reasons stated, neither annulment of the Board's determina- tion nor substitution of Judicial Judgment is w~rranted. The petition is, in all respects, denied. The proceeding is dismissed (CPLR 7801, et seq.; Town_Law 267) and- the stay against Is~nc~'-of the requisite variance and permits is hereby vacated. The matter'is remanded to the Board for the issuance of var- iances and permits in accordance with its decision filed April 29, 1988. Submit Judgment. -3- Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 5/31/88 To: Frank Yakaboski, Esq. From: ZBA Office Dear Frank, Attached are copies of our entire ZBA file, inclusive of transcripts of hearings which convened March 17, 1988, June 18, 1987, and May 21, 1987 in the Matter of PETER AND BARBARA HERZ. The hearing advertised for December 10, 1987 was postponed without receipt of verbal testimony and only with a resolution to reconvene and recess. Also attached separately are copies of two similar original blueprints of the house plans which were reduced by me, taped, and reduced again, for easy copying. Please let us know if there is any other information needed. (The Trustees info is included as part of our file for reference.) Thanks. J ,TI~ ............ J Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: Jay Schondebare, Town From: Jerry Goehringer Date: 5/26/88 Attorney Attached are copies of the Request for Judicial Intervention, Order to Show Cause (returnable June 13, 1988), and Petition in the Matter of PETER AND BARBARA HERZ. We are in the process of copying the entire file and would like to ask that Frank Yakaboski'continue consulta- tions in this matter (which do go back to 1987 and 1986). Thanks. lk Court, ~Ct (2FO (.(~' County Full title of action Plaintiff(s) Petitioner(s) against Defendant(s) Respondent(s) Index No. gl' fqo4 Date Purchased ~- Ti; ~ ~' g R.J.I. F££ PAll:) REQUEST FOR JUDICIAL INTERVENTION For Clerk Only lAS entry date Name of assigned judge Date of assignment [] Issuejoined (date ............................................................ ) (check if applicable) [] Bill 0f particulars served (check if applicable) In the City of New York only: [] The City of New York is a party to this action. [] The Transit Authgrity (or MABSTOA) is a party to this action. NATURE OF JUDICIAL INTERVENTION (check) [] Request for preliminary conference [] Oth~er ex parte application [] Note of issue and/or certificate of readiness [] Notice of motion (return date ................................................... ) Relief sought ...................................................................................... ................................................................................. (Clerk will enter return date .................................................................. ) Relief sought ......... ~7/~,~.~....... _D..~.......~.~I..[.. ~-..~ .. 1./5~ ~ ............. ............................................................................................ [] Notice of petition (return date .................................................. ) Relief sought .............................................................................................. [] Notice of medical malpractice action [] Notice of dental malpractice action [] Statement of net worth , [] Writ of habeas corpus [] Other (specify): ...................................................................................... NATURE OF ACTION OR Tort [] Motor vehicle [] Medical malpractice [] Dental malpractice [] Seaman [] Airline [] Other tort, including but not limited to personal injury, property damage, slander or libel (specify): ...................................... PROCEEDING (check) Special Proceedings [] Tax certiorari [] Condemnation [] Foreclosure [] Incompetency or conservatorship Other special proceeding, including but not limited to: [] Article 75 (arbitration) [] Article 77 (express trusts) ,li~'Article 78 [] Other (specify): ........................................................................................ [] Matrimonial (contested) [] Matrimonial (uncontested) OTHER ACTION [] Contract [] Other (specify): ................................................................................................. Instructions: Attach rider sheets il' necessary to provide required information. If any party is appearing pro se (without an attorney), thc required information concerning such party is to be entered in the space provided for attorneys. Attorney(s) for plaintiff(s)/petitioner(s) Name Address Phone Attorney(s) for defendant(s)/respondent(s) Name Address "v~uo,d ~r'ror'-~e.Y ' Soq'rhg~O ,'J¥ IIqDI Phone Name of insurance carriers (if applicable and available) RELATED CASES (if none, write "NONE" below) Ti~tl_e Index # Court Nature of relationship I affirm under penalty of perjury that, to my knowledge, other than as noted above, there are and have been no related actions or proceedings, nor has a request for judical intervention previou~!y been filed in this action or proceeding. Dated: ............. -~...~.....~-.~..~..~..~. ............. ' / "'~' ' /: ' Anorney(s) for ~lO~ ~~/~ ~ ~' ~ O~ Office & P.O. Address At a Special Term, Part II, of the Supreme Court of the State of New York, held in and for the County of Suffolk, at Riverhead, New York, on the ~4~ day of PRESENT: PETER FOX COHA N HON. JUSTICE. X In the Matter of the Application of SEVERUS S. DELEO, Petitioner, -against- GERARD P. GOEHRINGER~ CHAIRMAN, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLAS and JOSEPH H. SAWICKI, constituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS, Index No. ORDER TO SHOW CAUSE Respondents. On reading and filing the annexed Petition, of ~everus S. DeLeo, verified the 24th day of May, 1988~ and upon all papers and proceedings had herein, let Respondents, or their attorneys, show cause at a Special Term, Part II of this Court to be held in and for the County of Suffolk, at the County Courthouse Building, Griffing Street, in the City of Riverhead, County of Suffolk, State of New York, on the I~'~ day of June, 1988 at 9:30 o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard, why an Order should not be made and entered herein pursuant to Article 78 of the CPLR to review, annul, reverse and set aside the decision of the Zoning Board of Appeals of the Town of Southold, Suffolk County, New York, made on April 7, 1988 and filed on April 29, 1988 and for an Order directing said Zoning Board of Appeals to disapprove the application for a variance of Peter and Barbara Herz (No. 3543) regarding property designated on the Tax Map of the Town of Southold as Section 90, Block 02, Lot 13.1 and to grant a stay upon the issuance of any building permit by said towns' building department, pending the final adjudication of this proceeding and for such other and further relief as may be just and proper in the premises. Sufficient cause appearing therefore, let service of a copy of this Order to Show Cause, together with the papers upon which it is granted on Linda Kowaleski, Secretary to the Zoning Board of Appeals of the Town of Southold, Town Hall, Main Road Southold, New York on or before the ~ day of May, 1988, be ~ deemed good and sufficient service herein. ~0.~ -2- ORDERED, that until the final adjudication of this proceeding and the further Order of the Court, the Building Inspector of the Town of Southold is hereby re- strained and enjoined from issuing any building permit on the aforesaid property. GRANTED MAY 26 1988 ENTER, PETER J.S.C. -3- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK In the Matter of the Application of SEVERUS S. DELEO, Petitioner, X For a Judgment Pursuant to Article 78 of the CPLR, -against- GERARD P. GOEHRINGER; CHAIRMAN, CHARLES GRIGONIS, JR., SERGE DOYEN, JR., ROBERT J. DOUGLAS, and JOSEPH H. SAWICKI~ constituting the SOUTHOLD TOWN ZONING BOARD OF APPEALS, Respondents. TO THE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No. PETITION The Petition of Severus S. DeLeo, by his attorneys, CRON & CRON, ESQS., in this proceeding to review the determination of the Respondents herein, respectfully shows to this Court: 1. That all the times hereinafter mentioned, the Petitioner, Severus S. DeLeo, was and still is the owner of improved real property which is adjacent to Peter and Barbara Herz's unimproved real property which is located at Bayview, Town of Southold, County of Suffolk, State of New York, more particularly described on Cedar Beach Park Map as part of lots 152 and 110 with corresponding Suffolk County Tax Map No. 1000-90-02-13.1. 2. That Respondent at all times hereinafter mentioned constituted and still constitutes the Zoning Board of Appeals (hereinafter referred to as the "ZBA") of the Town of Southold. The Petitioner was adversely affected by the decision of the ZBA rendered on April 7, 1988 and filed in the Office of the Town Clerk of the said Town on April 29, 1988. within thirty days of the said filing. 3. That application No. 3543, originally came before the said ZBA as by the Department of Buildings of said These proceedings come dated July 31, 1986, a result of the denial Town to issue a permit to erect a new one-family dwelling which failed to meet zoning requirements contained in Article XI, Section 100-31 (35 foot maximum height requirement) and Article XI, Section 100-119.2 (minimum of 75 foot setback requirement from wetlands). The building inspector also cited violation of the said Town's Wetland Ordinance contained in Article I, Section 97-13 (minimum of 75 foot setback from wetlands), but the Southold Town Trustees who have jurisdiction over this ordinance, on March 26, 1987, granted the Herzs conditional approval to construct a new one-family dwelling by March 26, 1988. 4. That the substance of the ZBA's April 7, 1988 decision was to deny the application as submitted and to grant alternative relief which was not requested for in the original application. The principal issue before the ZBA was compliance with the Zoning Ordinance in Article XI, Section 100-119.2 which in essence requires that all buildings on lots adjacent to tidal -2- waters other than Long Island Sound have a setbac~of not less than seventy-five feet. In this particular instance, a setback of at least seventy-five feet from existing bulkhead and highwater areas along Midway Inlet and Hog Neck Bay. The specific alternative relief was to grant a 47% southerly yard setback variance; 'thus the 75 foot requirement was reduced to 40 feet and an 80% westerly side property setback variance thus the 75 foot requirement was reduced to 15 case. In both instances the ZBA acknowledges are substantial in nat.ure. feet in this that the uariances 5. That public hearings were held on May 21, 1987, 1987 and March 17, 1988 wherein extensive testimony concerning whether the Herz application should be The principal issue before the ZBA was whether it was June 18, was heard granted. possible to comply with said 75 foot setback zoning ordinance. The ZBA kept the public hearings open for nearly one year in an effort to allow the Herz's to submit a viable plan. They made suggestions concerning rearranging the configuration of the pools, movement of the pools towards the road, movement of the proposed dwelling and scaling the size of the home to a more modest level. However, no viable plan was ever submitted despite repeated requests and promises that one was forthcoming. -3- with Edson the Herz's. That Ms. Patricia Moore, Esq., a former associate & Bruer, Southold, New York, appeared on behalf of Her principal argument in favor of granting the setback variance was that since the said property was unique and Suffolk County Health Department rules require that a septic system be placed at least 100 feet from an existing pond, 100 feet from Little Peconic Bay, 100 feet from the adjacent property owner and 100 feet from the fresh water well, the proposed dwelling could never meet the said zoning ordinance. Mr. Shore and Mr. Davids also testified on behalf of the Herzs as to the alleged fixed location of the septic system. Ms. Moore made repeated representations that her clients were completely willing to cooperate with the ZBA, that a workable plan would be submitted, but in the nearly one year period in which public hearings were open, the only plan that was submitted required a substantial variance. 7. That Mr. James Cron, Esq., and Mr. Mark Kosak, Esq., of Cron & Cron, Esqs., Cutchogue, New York, appeared on behalf of the Petitioner. The opposition's principal argument was that the property is not unique at all, but the proposed house is. Mr. Cron noted that the archetecturally complex home was not com- patible with the property, was designed for a variance and no meaningful attempts were ever made to comply with the said zoning ordinance. Mr. Cron presented a plan to the ZBA which would -4- preserve the structural integrity of the proposed dwelling, but which would not require any variance at all. Mr. Kosak had admitted into evidence a letter from Mr. Reynolds, dated June 19, 1987 which disputed the Herzs' witnesses testimony as concerned the fixed location of the septic system. Mr. Kosak also brought to the ZBA's attention the fact that if the Herzs truly wanted to comply with the said ordinance, they could, as they have done in the past, and then had admitted into evidence their own survey dated March 23, 1982 which received Health Department approval and met all of the requirements of the then existing zoning ordinance. Finally, he suggested that some form of impropriety might have existed in ob- taining approval by the Health Department of the most recent survey since approval was granted on Sunday, October 4, 1987, only 6 days after its submission. 8. That the Chairman of the ZBA on March 17, 1988, after hearing all testimony, pro and con closed the public hearing and stated the ZBA reserved its decision on the application. 9. That thereafter on April 7, 1988, said Respondent ZBA unanimously denied the variance application; the written decision released on April 29, 1988 read as follows: "RESOLVED, TO DENY the relief as requested under Aplic. No. 3543; and it was further RESOLVED to GRANT alternative relief in the Matter of the Application of PETER AND BARBARA HERZ under Aplic. No. 3543 for new residential construction with the following CONDITIONS: -5- 1. That the setbacks from the southerly~ yard area or bulkhead along Little Peconic Bay be not closer than 40 feet [inclusive of all overhangs, steps, decks, liveable floor area, etc.]; 2. That the setbacks from the westerly property line be not less than 20 feet at its closest points [inclusive of all overhangs, steps, decks, liveable floor area, etc.]; 3. That the setbacks from the easterly property line be not less than 13 feet at its closest points (or not less than ten feet inclusive of.all overhangs, steps, decks, raised walkways, and the like). 4. Principal building comply with all other provisions of the zoning code (35 ft. height or 2½ - stories total 20% maximum lot coverage, etc.) as approved by Article III." 10. That Petitioner contends that substantial evidence was presented to the Respondent showing facts upon which the variance application should have been denied completely without the granting of the aforesaid alternative relief since the Herzs did not adequately demonstrate practical difficulties in the use of their property. The Respondent failed to take into consider- ation the fact that any difficulty in the use of the property was self- imposed, as a result of their decision to build a complex -6- home on a plot which simply can not accomodate it. 11. That the Respondent's decision was procedurally incorrect since it denied the application, and then granted alternative relief which was not specifically requested for in the Herz application. 12. That the Respondent's decision was erroneous based on its own authority, Wachsber~er v. Michaelis, 10 Misc.2d 909, since the result was not justified in light of the five factor test of the case. The 47% (35 feet) southerly variance and the 80% (60 feet) westerly variance, by the Respondent's own ad- mission are substantial. The grant of the variance would most definitely create a substantial detriment to the Petitioner, an adjoining property owner. His view would be severly impaired which in turn would reduce the value of his property which is an unjust taking of property without due process of law. There were other methods that the Herzs could have pursued. They could have reduced the size of their home to COMPLY with the law or they could have applied to the Suffolk County Health Department for a variance of the septic system requirements. The difficulties complained of were SELF-IMPOSED arising out of the greed of the Herzs to build a home on land which can not accomodate it and not because of land which is so unique that it is unusable. After a point-by-point review of the factors, it is clear that the only impact the variance will not have -7- concerns increased population density and strain on govern- ment facilities. Therefore, since the decision was not supported by substantial evidence, it was not reasonable and was an abuse of discretion. 13. That the ZBA wrongfully undertook to act in a legislative capacity and did not limit itself to its adminis- trative functions. 14. That the variance granted by the ZBA was not in harmony with the general purpose and intent of the zoning ordinance of said Town and was not in the interest of public health, safety, the general welfare and substantial justice. 15. That said action of the ZBA was, and is, illegal, unconstitutional, arbitrary, capricious and improper and amounts to deprivation of Petitioner's property without due process of law. 16. That a stay on the issuance of any building permit by the Southold Town Building Department should be granted pending review by this Court of this Petition, because of the irreparable harm the Petitioner would suffer without the issuance thereof. 17. That no previous application for the relief sought herein has been made to this or any other court o~ justice thereof. 18. That these proceedings are instituted within thirty days after the filing of the decision of the ZBA in the office of the Town Clerk of the Town of Southold on April 29, 1988. -8- WHEREFORE, Petitioner respectfully requests a review of the aforesaid decision of the ZBA and requests that the same be reversed, annulled and set aside. Petitioner further requests judgment directing the Respondent deny the Herz's application for a variance to construct a one-family dwelling on the subject lot, to grant a stay on the issuance of any building permit pending disposition of this proceeding; and for such other, further and different relief as to this Court may seem just and proper. Dated: May 24, 1988 Cutchogue, New York CRON & CRON, ESQS. Attorneys for the Petitioner P.O. Box 953 - Main Road Cutchogue, New York 11935 (516) 734-5100 -9- STATE OF NEW YORK, RICHARD J. attorney of record, or of COUNTY OF SUFFOLK, SS: CRON, being sworn says; I counsel with the attorneys for the Petitioner. I have am the of record, read the annexed Petition and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, I believe them to be true. That the reason why this verification is. made by deponent instead of the Petitioner is because the Petitioner is not within the County of Suffolk, which is the County where deponent has his office. Deponent further says that the grounds of his belief as to all matters in the Petition, not stated to be upon his knowledge, are based upon correspondence and other writings furnished to him by Petitioner, and Petitioner's agent and interviews with Petitioner and Petitioner's agent, as well as documents and letters contained in deponent's file. Sworn to before me this ~.~k day of May, 1988. Notary Public MARK S. KOSAK N~IIW Public, State of N~ No. 41-4872252 Qualified in Queans County ~ Commission Expires September 8, 19_~ ~ Richard J. Cron APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- r:JTATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 May 13, 1988 Patricia C. Moore, Esq. Moore & Moore Clause Commons P.O. Box 23 Mattituck, NY 11952 Re: Appl. No. 3543 Peter and Barbara Herz Dear Pat: Transmitted for your perusal and record is a copy of the response received on May 10, 1988 from the Suffolk County Department of Planning in the above project. Yours very truly, Enclosure cc: Richard J. Cron, Esq. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski DEPARTMENT OF' PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN EUFFOLK COUNTY EXECUTIVE 360-5513 May 5, 1988 Town of Southold Zoning Board of Appeals Applicant: Peter & Barbara Herz Mun. File No.: #3543 S.C.P.D. File No.: SD-88-17 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that an increased southerly shorefront setback will be effectuated. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11g71 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .iR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 29, 1988 TELEPHONE (516) 765-1809 Patricia C. Moore, Esq. Moore & Moore Main Road, Box 23 Mattituck, NY 11952 Re: Appl. No. 3543 - Peter and Barbara Herz Dear Pat: Variances Transmitted herewith for your persual and record a copy of the official finding~ and determination rendered by the Board of Appeals in the above matter. is Copies of same are simultaneously being transmitted to the Building Department, the Board of Town Trustees, Suffolk County Department of Planning, and Cron and Cron, Esqs., opposing counsels. Yours very truly, Linda F. Kowalski Board Secretary Enclosure Copy of Decision to: Building Department Board of Town Trustees Suffolk County Planning Commission Cron and Cron, Esqs. J. Kevin McL~ughlin, Esq. Memorandum from,... Southold ToW~ Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 Date: 4/29/88 To: Building Department Attention: Helen DeVoe From: Linda Transmitted for your permanent files are two copies of the Z.B.A. Action with Conditions concerning the premises of Peter and Barbara Herz (disapproved by the Building Inspector July 10, 1986). The second copy is for Vic. Thank you. Southold Town Board of Appeals MAIN RrlAD- STATE RriAD 25 SnUTHE}LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Pursuant to Article XIII of the Suffolk County Board of Appeals of the Town of the following x× Variance Charter, the Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article XI , Section ZOO-119.2(B) Variance from Determination of Southotd Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.:3543 Applicant: Peter and Barbara Herz Location of Affected Land:70 Cedar Point Dr±var SouthoZd, County Tax Map Item No.: 1000-90-02-13.Z Within 500 feet of: Town or Village Boundary Line NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned 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 Hile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to locate new s±ngle-fam±ly dwelling with insufficient ~etba~k~ f~nm existing bulkhead and highwater areas Copies of Town file and related documents enclosed for your review. Dated: May 3, 1988 CEDAR pOINt DRIVE E,~$T 4~.9~ TITLE NO. T 1281- 27,7~ . TEST HOLES ~UFFOLK COUNTY NOTE: · = LATH SET FIRM ZONE A-4 BASE FLOOD EL=80 Area = 27,,450 sq. f~_~ DEPARTMENT OE HEALTH APPROVAL OF CONSTRUCTION ONLY i)ATE , HS REF. NO. SURVEY FOR PETER HERZ & BARBARA HERZ LOt I10 AND PART OFLOTS 109 & 152, "CEDAR ~EACH PARK" AT BAYVIEW DATE: TOWN Of' SOUTHOLD SCALE: SUFFOLK COUNTY, NEW YORK NO. JAN. 12, 1987 JAN. 15, 1982 I": 40' 81-798 APPROVED HEW YORK STATE EOOCATtON LAW N CO~IES aF m~s ~vEv ~T ~Rme THE ~AMO PETER HERZ ~ ~ mR WH~ ~e su~Y ,s DEPARTMENT-DATA P~ APPR~ ~ C~STRUCT AND ~ HiS K~LF ~ ~ ~TLE C~Y, ~, T~ W M~ SECTIM [ ~K [ LOT ~ H~E~, ~0 TO ~E A~IGN~S OF ~l LENDIN ~ ~ ~ELLMI WITHIN I00 FEET OF T~S PROPERTY I ~STITUTI~. ~ANT[~ ~E ~T ~ERAILE ~UMENT FOUND O' PIPE FOUND II ~ 1 I *u.mwm~ ~ ~,[~0 m T.~ OFF,C~ OF~E CLX.. O~ SUFFO~. COU.T~ /I ~ ~ I ~DEN W ~UNG, P~FE~IONAL ENGINE ER I*~L~L(WI,~ICTANK(S~eCE~(~)WN~E~ [[ ~ IJ N.YS LICENSE NO45893 TRANSCRIPT OF HEARING SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING OF THURSDAY, MARCH 17, 1988 Appl. No. 3543 Applicant(s): PETER AND BARBARA HERZ Location of Property: 70 Cedar Point Drive, County Tax Map ID No. 1000-~ -~ - Southold Board Members Present: Chairman Gerard ~ P. Goehringer, Members: Grigonis, Doyen, Douglass (Mr. Sawicki was absent) Also Present: Victor Lessard (Building Department), Linda Kowalski, Z.B.A. Secretary and approximately 70 persons in the audience. The Chairman opened the hearing at 8:11 o'clock p.m. and read the notice of hearing and application for the record. CHAI~N GOEHRINGER: I've read this legal notice before and therefore, I'm very simply going to open the hearing. And will ask ~s. Moore if she has anything that she'd like to add. MS. MOORE: Before I start I'd like to submit to the Board a memorandum. The top one is the original document. I would re- quest that this memorandum be made part of the record. We are before this Board for the construction of a proposed single family residence within 75 feet of tidal waters. On May 21st, '87, Dr. and Mrs. Herz appeared before the Zoning Board with a survey dated January 12th, '87 for the purposes of requesting the necessary variance for the proposed residence. At the hearing questions were raised in an effort to determine if the proposed dwelling could be pulled back on the property away from the southerly property line along Little Peconic Bay. At that time, Dr. and Mrs. Herz were requested to go back and redraw the house in such a way as to get the maximum in value in reference to distance to the dilapidated bulkhead on the west side. That is the bulkhead along Midway Inlet. And to the position the house back as far as you can possibly can without encroaching or placing the house over the sanitary system. That's a direct quote from Mr. Goehringer. In addition, the Board asked to see if the sanitary system could be pushed closer to the easterly property line. Thereby, enabling the house to be pulled back to the north. That's towards the road. The hearing was re- cessed to June 18th, '87. At that time, the applicant intro- duced Mr. Herbert Davids a professional engineer and former director of the Suffolk County Health Department. Mr. Davids appeared to respond to the questions with respect to the place- ment of a sanitary system. Mr. Davidsexptained that the sani- tary system could be shifted to the east five feet. But doing so would not really accomplish anything. Nevertheless, we pro- ceeded to move the sanitary system five feet and the house five Page 2 - Thurs., March 17, 1988 Public Hearing - Peter and Barbara Herz Southold Town Z.B.A. MRS. MOORE (continued): feet. We also noted that the well must be located near the road for practical reasons. 'In that this was the location to obtain freshwater and such well location is dictated by the existing well to the east. That's the Delaio property which is also lo- cated up by the road. It was Mr. David's professional opinion that this cesspool could not be located any closer to the pond at the rear of the property. At this hearing, a revised survey by Young & Young dated June 16, '87 was submitted.~showing the relocation of the house with the side yard setback of ten feet from the easterly side in accordance with the Board's May 21st request. Thereby increasing the westerly side yard to 19 feet. So we have a January 12th, '87 where we moved over .... The existing site showed 23 feet to 27 from 7 feet from the bulkhead. On June 16th, we moved back to 25 and 27.7 and then again in June 20th, back again 30 feet and 32.7. In response to the Zoning Board's request to consider a revised layout, moving the sewage disposal system to the northerly portion of the property which is out by the road, Kurt David submitted such a revised layout to the Health Department for it's consideration on December 12th '87. This proposed layout was rejected due to the surface waters and or wetlands. That's an exhibit in this memorandum. It's the last two pages. By rejecting that alternative site, the Health Department then established the layout of the proposed sanitary system as shown on the survey dated June 29, 1987 which was approved by the Health Department on October 4, 1987. That system is a system that we must work with. With the mandated lo- cation of the sanitary system as approved by the Health Depart- ment, the only other method by which to reduce the necessary variance for the proposed house, was for Dr. and Mrs. Herz to go back to the architect, once again, and have him scale down to the extent possible the size of the house. This house has been done. The house has been scaled down to 53 feet. Excuse me. From 53 feet to 50 feet in width. The applicant is willing to portion the increased side yards created by such a reduction in any manner the Board wishes. We can either make the easterly yard from 10 feet to 13 feet, increase the westerly side yard from 19 feet to 22 feet or split the difference. Dr. and Mrs. Herz are amendable to which ever plan the Board wishes. It is a well established rule that in area variances is founded upon showing a practical difficulty. It is a lesser'standard than an unnecessary hardship required to justify the use variance. In this particular circumstance, we can not make reasonable use of this lot due to... Pardon me. Practical difficulty is established when an applicant shows that as a result of the literal applica- tion of the zoning ordinance, we can not make reasonable use of his land to a particular size, shape or grade. In this particu- lar circumstance, Dr. and Mrs. Herz are faced with the require- ments imposed by the Suffolk County .... TAPE ENDED Page 3 - Thursda~arch 17, 1988 Public Hearing Peter and Barbara Herz Southold Town Z.B.A. MRS. MOORE (continued): .... the property and its proximity to Little Peconic Bay and an open area of water to the rear of the parcel coupled with the location of the well and the sanitary system of the adjoining property owners, dictates the location of the proposed system, proposed house. Simply stated, the proposed house for this property must be located after we have located the sanitary sys- tem. We have done that. We have located the sanitary system which has been approved and we have therefore, located the house around that sanitary system. It is impossible for the applicant to satisfy the 75 foot requirement. The front of the house, what is ordinarily the front of the house even though on a waterfront, the front is the back, is clear that the applicant is entitled to a variance as a matter of law and as a matter of right because he is unable to comply with the setback in any way. The entire house is within the 75 feet. The variance in relationship to the requirements; the location of the proposed house requires a substantial variance from the'requirement. However, the unique size and shape of the property makes such a variance necessary. The 75 foot setback line from the highwater mark, the bulkhead, is located where the front of the house must be situated, in light of the requirements of the Suffolk County Health Department. In other words, the entire dwelling must be located within what is normally a 75 foot setback. The variance requested is not unreasonable. The proposed house is only 31 feet in width and the new dimension, 50 feet in length. There- by establishing a building envelope for the house of 1,550 square feet together with a 12 foot wide above ground deck which runs along the rear of the house. The deck is elevated to 19 feet which is the entry level of the main floor of the dwelling. So we need that deck. We don't have access to the, direct access, to the outside without a deck that brings the rear yard entrance onto the back yard. There's no effect on governmental facilities. So that issue is satisfied. This is a single family residence and will have no population impact upon governmental facilities. As far as the character of the neighborhood, the Board should consider whether the requested variance will create a substantial change in the character of the neighborhood or a substantial detri- ment to the adjoining property owners. The proposed must be lo- cated to conform to the Health Department requirements. The property owner .... The construction of any home on the property previously undeveloped, will have an impact on the adjoining properties. Strict compliance with the standard of the Health Department are required to insure that there is no substantial detriment to the adjoining properties. If the requested variance is not granted, the applicant is forced to seek a variance from the Suffolk County Health. The very detriment sought to be pre- vented may well occur. That is risking the health and welfare of the adjoining property owners and their water supplies. Given the unique shape of this property and its proximity to the Bay and surface waters to the rear of the property, the house must be located where it's proposed. This will have an impact on the adjoining property owner in that the proriferal view, that's the Page 4 - Thursd~ March 17, 1988 Public Hearing -~'Peter and Barbara Herz Southold Town Z.B.A. MRS. MOORE (continued): proriferal view of the house, of the neighbor's house will be effected. However, the adjoining property owner continues to have an unobstructed waterfront view. Which i~ any event, is not cloaked with any rights £or that owner. In other words, you are not guaranteed a particular view from your property. Furthermore, I submit this aerial photograph which at the first hearing I submitted and I was holding it. You have seen this but if you'd like to look at it again. CHAIRMAN GOEHRINGER: Thank you. MRS. MOORE: As you can see from that aerial photograph, most of the homes are similiarly situated as this proposed dwelling. So the character of the neighborhood will not be effected. In considering whether an area variance should be granted, the Zoning Board should examine whether there are any means feasible for the applicant to pursue other than the variance to obviate the dif- ficulty. ~gain, given the unique location, size and shape of this property and its proximity to the waters, the property is rendered unusable unless the variance requested is granted. There is simply no means by which to construct this single family resi- dence on the property without a variance. After considering the last criteria ~ the interest of justice will be served. After considering all the above factors and determining whether the area variance is justified, the Board must consider whether the interest of justice will be served by allowing this variance. Taking the proposition in the reverse, it would be injust to deny Dr. and Mrs. Herz who respectfully request that the Southold Town Zoning Board of Appeals grant the necessary area variance to en- able them to erect the proposed single family home. CHAIRPLAN GOEHRINGER: Thank you Mrs. Moore. I was wondering if you might ask Mr. David if he could give us some inside in refer- ence to the other plan that we have kind of talked about in refer- ence to changing the cesspool area from the front of the lot since he's here tonight. MR. DAVIDS: Semi-retired, professional engineer. The revised plan that was sent in that suggested at the last meeting I was at, would be impossible to meet the requirements and standards of the Health Department. It would also be an abolishment of State D.E.C. re- quirements and I don't think the Town Trustees would be happy with it either. Because the only location that you could put the sewage system would be within 40 foot or so of the wetlands, that pond to the west of the property. The neighbors' wells, both the adjacent neighbor to the east and the neighbors across the street. All the Page 5 - Thursday~arch 17, 1988 'Public Heairng - ~ter and Barbara Herz Southold Town Z.B.A. MR. DAVID5 (continued): wells are located up by the road. So you have an impossible situation if you try to relocate the sewage system up closer to the road. Immediately you're dictated even with the 100 foot separation between the neighbors' wells and the proposed wells of the Herz property. You only have 40 foot from that pond. Actually the Health Department requirements have rather recently been increased for wells such as this where you can get 40 foot of fresh water in the well. They've increased the distance that are required to 250 feet. So it would be prac- tically in the pond, the sewage system. The only place, this is a very unusual piece of property that I've seen as far as the sewage system is concerned. The only location is the one that's been approved by the Department that meets all the re- quirements. And by far, it's the best because the water sup- ply of the wells, both in the proposed well and the neighbors' wells, are over 200 feet and are up graded from the sewage sys- tem so there's no threat from the sewage system effecting their own well or the neighbors' well. CHAIRMAN GOEHRINGER: The only thing I wanted to ask you Mr. David was; I realize your unblemished service with the Suffolk County Health Department. But I was just wondering how close can a dwelling be constructed to a cesspool system? I'm going to be trite about it. We can call it all special kinds of names but I think we're just going to call it a cesspool. MR. DAVID3 This happens to be what they call a five pool system because of the high ground conditions in this area which is very common along the shorefronts of Southold and the other eastern towns. The sewage system, the nearest portion from the cesspool, the wall of the pool to the dwelling has to be at least 10 feet. Regardless of whether there's a basement or a crawl space or slab. CHAIRMAN GOEHRINGER: What do you do with the septic then? MR. DAVId The septic tank if there's a basement, least 10 feet. If there's no basement, five feet. is the nearest portion of the wall. has to be at Again, that CHAIRMAN GOEHRINGER: Thank you very much. MR. DAVII~ You're welcome. MRS. MOORE: Before he sits down, I'd just like to state some more information for the record. At the previous meeting, Klein & Klein submitted a diagram which showed the cesspool in red, the cesspool area in red with the house next to it. If I could have my expert explain why that configuration could not work. could tell you but I'd rather have him. Page 6 - Thursdi March 17, 1988 Public Hearing ~eter and Barbara Herz Southold Town Z.B.A. MR. DAVIDS: I did look at that diagram and it would not meet the requirements of the department in any way because your nearest cesspool would be right adjacent to the house itself. There wouldn't be any separating distance whatsoever and that's keeping just the minimum five foot from the property line. So it's not possible to put that sewage system alongside the house. CHAIRMAN GOEHRINGER: Moore? Thank you sir. You have nothing else Mrs. MRS. MOORE: I think Dr. Herz might want to say something. DR. HERZ: The last time I came before you I had three children. We just had a baby two weeks ago so we have four children. So we cut the house down already as much as possible. When we bought the property, we tried to avoid all this problem. We made sure there was a involved. We had the Department of Environ- mental Protection permit. We had a wetland permit. We had a test well done. And I hope you'll see fit, that since we've been down here for two years trying to get this permit, that you can act on it in a matter as quickly as possible. Thank you very much for your time. CHAIRMAN GOEHRINGER: Thank you very much doctor. Is there anybody else who would like to speak in favor of the application? Somebody like to speak against the application? Sir would you state your name for the record. MR. KOZAK: I'm with Cro~n and Cr0n~Esq$. We're appearing on behalf of the Delaio's. As stated by Mrs. Moore, th~ application before you concerns the Herz application concerning the construction of a single family home with insufficient setbacks concerning the exist- ing bulkhead on Little Peconic Bay. Southold zoning ordinances re- quire that lots adjacent to tidal waters other than Long Island Sound must be set back no less than 75 feet. In this case it would be no less than 75 feet from Little Peconic Bay. A brief history, this particular case became before the Board on 21st of May of 1987 and was recessed to the 18th of June, '87. Both of those times, Mr. James Cron appeared on behalf of the opposition. The Herz argu- ment can basically be summarized by the fact that they believe that their property at issue is unique and would require a 60% variance from the existing 75%, 75 foot setback requirements. Thus justi- fying a 30 foot setback. They came to this conclusion because they feel that the proposed sanitary system made of five shallow pools and septic has to be located in a specific location, iA minimum 100 feet from the pond area in which a survey submitted to the Health Department on the 28th of December, 1987 and approved by the Health Department on the 4th of October. Our client's position is some- what different than that. We believe it's not the property that is unique, it's the design of the home which is unique. And if a little bit less complex home were proposed, the requirements of the Page 7 - ThursdaI ~March 17, 1988 Public Hearing - Peter and Barbara Herz Southold Town Z.B.A. MR. KOZAK (continued): 75 foot setback as well as the sanitary rules, would be met. Mr. Herz has not made any real efforts to reduce the overall complexity of the home to meet these requirements and that is even at the suggestion of the Board on a number of occasions in the past. The last meeting on the 18th of June, he showed that the cesspool requirements do not have to require a vari- ance and could be placed in a locale other than which is pro- posed. The cesspool system could be arranged with a different configuration to meet the both 10 foot setback requirement if the basement was proposed or the five foot setback if no base- ment was proposed. The cesspool system proposed is designed to grant a variance or requires a variance. We believe that if certain modifications were made, a variance would not be needed. Mr. in a letter dated to the Board on the 19th of June, had a similiar position and I'd like to quote the last paragraph into the record tonight. Concerning the house location, it is the responsibility of the applicant to present a plan which addresses the concerns of the Town and County. It seems possible to change the configurations of the proposed dwelling and configuration of the sewage disposal sys- tem to effectual greater distances from surface water. In fact, in the past when the property was acquired, a different cesspool plan was in fact submitted and approved by the Health Department and I'd like to call your attention to the survey which I pre- sented to you dated the 23rd of March, 1982. This plan was ap- proved by the Health Department. It had a much more simple home than that particular plan. And we submit that if a more simple home were proposed in this particular case, the setback require- ments could be met as well as the cesspool requirements. Those things should be taken into consideration in your determination whether a variance should be granted. Therefore, we don't be- lieve the applicants have really shown any practical difficul- ties in their application. We feel that the home that they're presenting is unique and not the property. For these reasons, we believe that the variance should not be granted since they have not met their burden in terms of showing that the property does not have any practical relief utility. That's all. CHAIRMAN GOEHRINGER: Would you just, before you sit down, in- form your property owners that we will be down t~ take further measurements and they may see us on a Saturday or a Sunday. They may see me on a Saturday. They may see other members of the Board during the week. And not to be concerned about it. We will definitely identify ourselves if we're down in that par- ticular area. But it really necessitates our walking on your applicant's property, I should say. The neighbor's property in question. It's not the applicant but basically you're re- flecting the feeling of a concerned neighbor. Could you give us an approximate distance between the house and the bulkhead? You don't have to do that tonight but just ask the Delaio's if 8 - Thursd~ March 17, 1988 Page Public Hearing ~Peter and Barbara Herz Southold Town Z.B.A. CHAIRMAN GOEHRINGER (continued): they could give us an approximate distance. I will be measuring other things other than distance from that particular area. But it appears to be a fairly great distance from the spotting I see on the survey. If you wouldn't mind sir. I thank you. Is there anything you'd like to say in rebuttal Mrs. Moore? Is there any- thing you'd like to say? I just figured I'd take your rebuttal first. If there's any other opposition, we'll do it after. MRS. MOORE: When you refer to the aerial photograph as well as your inspections, you'll notice that this is the only property in the area that has the pond in the back, the inlet on the side and the Bay, the front of the house or the back of the property. Is Mr. Delaio is very fortunate that he has a very beautiful waterfront piece of property with all the dimensions that will allow him to build a very substantial home meeting all these set- back requirements which we can not do. The other point I'd like to make is that the Delaio house from my inspection, looks like it was built probably in the 1950~s and I don't have that number. I would suggest that he may at one time want to come in and re- novate his home. Put a beautiful home on the property and that to deny my clients, a new home a modern home when he has the 1950's what is essentially, summer bungalow, because it doesn't conform to the taste of the summer bungalow that he owns is unfair. So please keep that in mind. CHAIRMAN GOEHRINGER: Thank you. iIs there anybody else who would like to speak against the application? Any further comments from either side? MRS. MOORE: When you notice on the aerial photograph, you'll see that the Delai~ house is really one of the few houses set back as far as is shown on one of the surveys, actually on all the surveys. On the January 15, 1982 survey, we do have the Delaio property, the one that is submitted to you. The Delai~ property is shown there. So it might be available for your inspection as far as the measurement. CHAIRMAN GOEHRINGER: Thank you. Hearing no further comment, I'll make a motion closing the hearing reserving decision until later. Ail in favor - AYE. DEPARTMENT OF HEALTH SERVICES COUNTY ~F SUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE June 19, 1987 DAVID HARRIS, M.D.. M.P.H. COMMISSIONER Gerald P. Goehringer Chairman Southold Town Board of Appeals Main Road State Road 25 Southold, N.Y. 11971 Property of Herz SCTM# 1000-90-02-11 & 13 Formerly H.D.Ref.# 12-SO-03 Dear Mr. Goehringer: I am in receipt of your letter dated June 10, 1987 concerning the above referenced property. Please note that the permit for construction of the sewage disposal system and water supply well is outdated. It will be neces- sary for the applicant to reapply. Prior to further review, the high water mark should be clarified and test well resampled. A water supply plan should also be included which shows how water will be supplied from over 300 feet from the dwelling. Concerning the house location, it is the responsibility of the applicant to present a plan which addresses the concerns of the Town and County. It seems possible to change the configuration of the proposed dwelling and configuration of the sewage, disposal system to effectuate greater distances from surface waters. Very truly yours, RRR: ljr COUNTYCENTER Royal R. Reynolds, P.E. Sr. Public Health Engineer Bureau of Wastewater Management 548-3312 Memorandum from.... Southold Town Board of Appeals TOWN HALL, SOUTHOLD, N.Y. 11971 765-1809 To: Frank Isler, Esq. From: Li nda .Date: 6/8/88 Attached for your use in the Matter of Peter and Barbara Herz (DeLeo v. Z.B.A.) are the original aerial photo submitted during the hearing, and two different reduced copies of same which were darkened for better clarity. Also in a separate'envelope is a copy of-the Board's determination concerning the Jon Kerbs premises and a copy of the Local Law #15 adopted May 17, 1988 and filed with the Secretary of State on May 25, 1988. :Thanks. FOKM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ..C.e....~..?.....~...e..~....c~....~.~..t....~...e..~...~.~....~.~..~.t.~.O~eet Map No.cit~ll.=..~e~jlock No....*.~#. ............ Lot No ................... ].,~. ..... ~,l,~..&..pt,...],~4 .... conforms substantially to the Application for Building Permit heretofore filed in this office dated .............. 7~:1~:L~..~,$ ................................. , 19..fi],. pursuant to which Building Permit No. Z.J. 3.74. dated :..A~:L~...],5 .............................. , 19....~1. was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .......... ./ This certificate is issued to .............................. C~];'~,..C~;L~-t,,~'~=Oir~,...O~,~= ............................... (owner, lessee or tenant) // of the aforesaid building. COUNTY OF SUFFOLK ® Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES Gerald P. Goehringer Chairman Southold Town Board of Appeals Main Road State Road 25 Southold, N.Y. 11971 June 19, 1987 DAVID HARE)S, M.D.. M.P.H. COMMISSIONER ~: lI ~ Property of Herz SCTM9 1000-90-02-11 & 13 Formerly H.D.Ref.# 12-S0-03 Dear Mr. Goehringer: I am in receipt of your letter dated June 10, 1987 concerning the above referenced property. Please note that the permit for construction of the sewage disposal system and water supply well is outdated. It will be neces- sary for the applicant to reapply. Prior to further review, the high water mark should be clarified and test well resampled. A water supply plan should also be included which shows how water will be supplied from over 300 feet from the dwelling. Concerning the house location, it is the responsibility of the applicant to present a plan which addresses the concerns of the Town and County. It seems possible to change the configuration of the proposed dwelling and configuration of the sewage disposal system to effectuate greater distances from surface waters. Very truly yours, RRR: lj r COUNTY CENTER F~IVERHEAD NY I 1901 Royal R. Reynolds, P.E. Sr. Public Health Engineer Bureau of Wastewater Management 548-3312 Southold Town Board of Appeals APPEALS BOARD MEMBERS 1987 May 21, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination Of Non-Si~nificanc~ APPEAL NO.: 3543 PROJECT NAME: PETER and BARBARA HERZ 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 have a signifi- cant adverse effect on the environment for the re'asons indicated below. Please take further notice that this declaration should n~t 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: ~ ] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Locate new single-family dwelling with insufficient setbacks from existing bulkhead and frn_m-highwater areas LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 70 Cedar Point Dr., Southold, NY 1000-90-2-13.1 ' ' REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; f2) Information has been submitted by applicant or his agent indicEting that the project will not involve the distrubance of wetlands grasses or areas subject to flooding which may be considered wetlands. F~R FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, 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 Tawn Clerk Bulletin Board. ('3) Section mc The relief requested· is a setback variance as regulated by 617.13, 6 NYCRR, SEQRA. 734-5100 AREA CODE 516 Southold Town Board of Appeals Main Road - Town Hall Southold, NY 11971 Attn: Mrs. Linda Kowalski Re: Appeal #3543 - Barbara & Peter Herz Dear Mrs. Kowalski: With respect to the above captioned matter, which is pending before your Board, please let this letter confirm that this office represents Severus S. DeLeo and a group of property owners who have formed an informal association known as The Midway Inlet Residents Association. In light of the foregoing, I should appreciate it if you would forward to this office copies of any and all documents submitted with respect to this application, as well as notification of any dates required for appearance before the Board by the applicants and others. Thank you for your kind assistance in this matter. Very truly yours, RJC:e CRO~L~and CRON, ESQS. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board o£ Appeals MAIN ROAD- BTATE ROAD 25 S0UTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 April 16, 1987 Patricia C. Moore, Esq. Edson & Bruer Main Road Southold, NY 11971 Re: Appeal No. 3543 - Peter and Barbara Herz (Variances) Dear Pat: This letter will confirm that we April 15th memorandum with enclosures, appears complete at this time. have received your and that the file Transmitted for your perusal and file is a copy of the report from the Suffolk County Soil and Water Conserva- tion District requested by our office and dated April 14, 1987. Following on-site inspections, the Board will be in a position to determine its SEQRA position and consider this application for our May hearings calendar. We will keep you advised accordingly. Please do not hesitate to call if you have questions at any time. Yours very truly, Enclosure cc: Richard J. Cron, Esq. J. Kevin McLaughlin, Esq. GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 6, 1987 Patricia C. Moore, Esq~ Edson & Bruer, Esqs. Main Road Southold, NY 11971 Re: Appeal No. 3543 Peter and Barbara Herz (Variances) Dear Pat: We are in receipt of the Southold Town Trustees' Resolution adopted March 26, 1987 concerning the above matter. It is our understanding that your application is for variances under Article III, Section 100-31, Bulk Schedule for construction with an insufficient setback from the rear property line, and under Article IX, Section 100-119.2 for construction with an insufficient setback from tidal waters along two sides, and that the variance for excessive height has been deleted pursuant to the Notice of Disapproval from the Building Inspector as amended 8/8/86. It is requested that: (a) the areas of all new proposed construction be "flagged" at the outside perimeter at all corners and the closer points for on-site inspections, and (b) you complete and return the enclosed Z.B.A. questionnaire together with photographs of the "open area" along the tidal water/wetland area. Inspections will be conducted after receipt of the above, and when the notice of hearing is prepared for publication in the local newspapers, copies will be forwarded to you. Yours very truly, lk CC.' Richard J. Cron, Esq. J. Kevin McLaughlin, Esq. GERARD P. GOEHRINGER CHAIRMAN QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICAIION FORMS 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 documenta- tion. 1. Are there any propQsals to change or alter land contours? Yes 2.a) *b) 3. 4. 5. Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Yes Town Code, Ch. 97 for your reference.) Are there any areas open to a waterway without bulkhead? Yes Are there existing structures at or below ground level, Yes such as patios, foundations, etc? Are there any existing ? ~ ~pnces., concrete \ barriers, .deck__.._._~s, etc?~ O~.J~ ~r~-~c~ c~c/c--~ If project is proposed for an accessory building or structure, is total height at more than 18 feet above Yes. average ground level? State total: ___ ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. 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 # and Nature: Yes Yes Yes No Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): lO. ll. 13. *Please I Planning Board Town Board Town TrQstees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes ~ Yes (3~) Yes ~ Yes Yes Yes Yes ~ Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers ~ and conditions of sale(from contract). Yes v Is new construction proposed in the area of contours ~ at 5 feet or less as exists? [Foss. ~b~'~,~· No If new construction is proposed in an area within 75 feet of wetland grasses, or land area at a~ 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 ~ No the requirements of Ch. 97 of the Town Code? Please list present use or operations conducted upon the subject property at this time ~/~.z~.m~- ~udi)LJ~ and proposed ~ ~ __~ submit for the ~ecbrd. photograp~ certify that the above statements are true and are being submitted for reliance by ~2~e Board of Appeals in considering my application. Signature (Property '(k~ner) (Authorized Agent) 3/87 lk § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L,L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No, 2-1976; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL 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 mcan low tide are covered by tidal watcr~ to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamlm, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats ami tidal marsh subject to such tides and upon which grows or may grow some or any of tbc following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and Iow 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 lundward of the m(~:~t landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 2,1, Ti- tle 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 Sui)section B(I) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 ~.25.s~ Southold Town Board of Appeals ~ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKt April 6, 1987 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation 127 East Main Street Riverhead, NY ll901 District Re: Appeal No. 3543 - Peter and Barbara Herz Dear Mr. Pauzer: We presently have an application pending for the proposed construction 6f a single-family dwelling with attached decks as more particularly depicted on the enclosed survey and sketches, premises known as 170 Cedar Point Drive, along Midway Inlet and Peconic Bay, Southold. May we ask your assessment of this project? Enclosed for your file and review ~re copies of the Suffolk County Tax Map, survey prepared January 15, 1982 and construc- tion plan. We have asked that the areas of all construction be "flagged" by the applicants for inspections. If additional information is needed, or if there are any questions, please don't hesitate to call. Thank you for all your courtesies and assistance. Yours very truly, lk Enclosures GERARD P. GOEHRINGER CHAIRMAN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 27, 1987 TELEPHONE (516) 765-1892 Mrs. Patricia C. Moore Edson & Bruer Main Road Southold, New York 11971 Re: Peter & Barbara Herz Dear Mrs. Moore: The following action was taken by the Board of Trustees during their regular meeting held on March 26, 1987 regarding the above referenced matter. WHEREAS, Patricia C. Moore on behalf of Peter & Barbara Herz applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southhold, application dated July 30, 1986, and WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on March 26, 1987 at which time all interested persons were given an opportunity to be heard, and no objections were raised, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that PATRICIA C. MOORE ON BEHALF OF PETER & BARBARA HERZ BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct a one family dwelling on property located at 170 Cedar Point Drive East, Southold with the provision that no topsoil is to be brought in on the site. This permit is approved as per the application submitted. Page 2. 'Peter~& Barbara Herz by Patricia C. Moore This permit will expire on March 26, 1988 if work has commenced by said date. There are two inspections required and the Trustees are to be notified upon the completion of the work. Prior to the issuance of said permit by the Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. 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. THERE ARE WETLAND INSPECTION FEES DUE. PLEASE REMIT $10.00 FOR SAME. UPON REMITTANCE YOUR PERMIT WILL BE FORWARDED BY MAIL. THANK YOU. HPS:ip CC: Very truly yours, Board of Town Trustees Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Ymrs, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File BOA~RD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE ($15) 765-1892 S.E.q.R.A. NEGATIVE DECLARATION NOTICE OF NO-SIGNIFICANT EFFECT ON THE ENVIRONMENT ~Date: February 27, 1987 APPLICATION NO.: 446 NAME: Peter and Barbara Herz by Patricia C. Moore This notice is issued pursuant to the provisions of Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Unlisted DESCRIPTION OF ACTION: To construct a single family dwelling. LOCATION OF PROJECT: 170 Cedar Point Drive East, Southold. REASONS SUPPORTING THIS DETERMINATION: 1. An environmental assessment form has been submitted which indicated that there would be no adverse effect to the environment should the project be implemented as planned. 2. Because there has been no response ia the allotted time from the Southold Town Building Dept. and the New York State D.E.C. it is assumed that there are no objections nor comments from those agencies. Board of Trustees Page 2. For further information regarding this application please contact: Henry P. Smith, President Board of Town Trustees Southold Town Hall Main Road Southold, New York 11971 Call: (516) 765-1892 cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File Patricia C. Moore on behalf of Peter & Barbara Herz SEQR -- BASIC PROCEDURAL STEPS 1~. DETERMINE IF ACTION IS SUBJECT TO SEQR Consider: E -EXcl uded Actions xempt Actions Subject -Type I To SEQR -Unlisted Actions £ ~ DETERMINE SIGNIFICANCE ' · OF ENVIRONMENTAL IMPACT 'O~lS id~t': -EAF/Other Reviews -Other Involved Agencies -Lead Agency -Criteria For Determining Significance -Positive/Negative Declaration DRAFT ENVIRONMENTAL IMPACT STATEMENT :onsider.: 4.)FINAL ENVIRONMENTAL r IMPACT STATEMENT Consider: -When To Prepare -Contents -Notice Of Completion -Filing -Comment Period ISION Consider: -When To Make -Balancing Social, Economic, and Environmental Impacts -Develop Findings -1 -Who Will Prepare -Coordinating With Other Agencies -Contents -Notice of Completion -Circulate and File -Comment Period -Possibility Of Public Hearing 27 TYPE II ACTIONS ~ does not apply to Type II Actions.~A Type ti Action is an action that will not have a significant impact on the environment. DEC has published a Type II list in Part 617. This list is set forth in Box II. A local government may either adopt this list as a part of its local SEQR regulations or develop its own Type II list as long as the local list is no less protective of the environment than the Type II list in Part 617, If on the basis of Part 617 or your own regulations the action your~agency is considering is Type II, it has no further responsibilities under SEQR. BOX II TYPE II ACTIONS l) Replacement of a facility, in kind, on the same site unless such facility nmets any of the thresholds in 617.12. generally accepted principles of farming. facilities. 7) Public or private forest management practices other than the ren~val of trees or the application of herbicides or pesticides. 8) Construction or placenm~t of minor structures accessory or appurtenant to existing ll) Inspections and licensing activities relating to the qualifications of individuals 12) Sales of surplus government property other than land, radioactive material, 13) Collective bargaining activities. 17) Routine activities of educational institutions which do not i,lclude capita) 18) Information collection Including basic data collection and research, masterplan step towards any given Type I project. Ig) Minor temporary uses of land having negligible or no permanent effect on the 8 1, What is a Type I1 Action? A Type II action is a project or action that has been found not to have a significant effect on the en- vironment. These actions are specifically designated in the statewide SEQR regulations (617.13), or in an agency's own SEQR procedures or regulations. 2, What are the Procedural Re- quirements-for a Type II Action? There are no procedural requirements of any kind for a Type II action, however, a prudent agency, should maintain in its own files, a brief record show- ing that the proposed action had been considered under SEQR and had met the requirements for a Type I1 action. 3, Can any Agency Expand the Statewide Type II List? YES. As stated in 617.13(b), any agency may expand the Statewide Type II list by adopting a list of additional Type II actions, provided the list does not contain an action that is ~ess protective of the environment than the statewide Type II list. 4, Can an Agency Identify a Statewide Type II Action as Type I or Unlisted? ~ NO. The regulations specifically prohibit an r~ agency from designating as Type l any action on the istatewide Type II list (see 617.13(c)). Type Il actions are defined as never being significant. This precludes Type Il actions from being considered in the Unlisted category. ~ Southold Town Board of Appeals -42- September ll, 1986 Regular Meeting BUILDING-DEPT. MEMORANDUM: Private right-of-way located at the East Side of South Harbor Road, Southold. The Building Department has asked for a response concerning the condition of Private Road #lO (Old Woods Road), Southold, which concerns the pending building-permit application of Charles Blake and pending Certificate of Occupancy. Mr. and Mrs. John Holzapfel applied for a 280-a variance under Appeal No. 3432 from the beginning of the right-of-way along South Harbor Road up to the Holzapfel property monument. Conditions were placed with the approval in this matter on April 3, 1986; and subsequent thereto, the improvements to the right-of-way were constructed and ~cepted. Page 2, paragraph #5 indicated that the conditional 280-a approval was not to be recognized as an automatic waiver for any other lots along this right-of-way, unless so recommended in writing by the Building Inspector and filed with our office. Ih reviewing the length of the right-of-way and access to Mr. Blake's structures, it was determined that a separate application for 280-a approval is necessary for Mr. Blake, particularly since the Holzapfels' 280-a did'no~ include the additional 240± feet past their parcel and did not include any other parcels. The Chairman indicated a letter would be sent to Mr. Lessard in response to his September 8, 1986 memorandum. PENDING APPLICATION: Appeal No. 3543 PETER AND BARBARA HERZ. Correspondence was received from the Board of Trustees dated September 4, 1986, and the BbaPd members authorized and directed the following response: ar''eInbov response to your September 4th letter concerning the matter, please be advised that we have no objection to your declaring Lead Agency status on your pending Wetlands Application. Inasmuch as our jurisdiction deals With the setbacks, as regulated by Part 617.13, sub~ections (d)[2], the variance would not be subject to SEQRA [see copies of SEQRA regulations attached]. Please feel free to continue the SEQRA process as you deem necessary. If information is found, however, that the location of the dwelling, excavation, etc. would directly disturb wetlands or the environment in any manner, please coordinate such findings with our office since the same could affect our initial Type II Declaration. If we may assist you, please don't hesitate to let us know ..... Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. S,AWlCKI September 12, 1986 Mr. Henry P. Smith, President Southold Town Board of Trustees 53095 Main Road Southold, NY 11971 Re: Appeal N6. 3543 Barbara and Peter Herz Location of Property: 170 Cedar Point Drive, Southold Dear Mr. Smith: In response to your September 4th letter concerning the above matter, please be advised that we have no objection to your declaring Lead Agency status on your pending Wetlands Application. Inasmuch as'our jurisdiction deals with the ~ setbacks, as regulated by Part 617.13, subsections (d)[2], the variance would not be subject to SEQRA [see copies of SEQRA, attached]. Please feel free to continue the SEQRA process as you deem necessary. If information is found, however, that the location of the dwelling, excavation, etc. would directly disturb wetlands or the environment in any manner, please coordinate such findings with our office since the Same could affect our initial Type II Declaration. If we may assist you in this matter, please don't hesitate to let us know. Yours very truly, lk Enclosures cc: Rudolph H. Bruer, Esq. Richard J. Cron, Esq. GERARD P. GOEHRINGER CHAIRMAN HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELJ~PHONE (516) 765-1892 September 8, 1986 Mrs. Patricia C. Moore Edson & Bruer Attorneys at Law Main Road Southold, New York 11971 Re: Peter & Barbara Herz 170 Cedar Point Drive, Southold Dear Mrs. Moore: The following action was taken by the Board of Trustees regarding the above referenced matter during their regular meeting held on Aug. 28, 1986. RESOLVED to DENY the request for a WAIVER of the Wetland Ordinance as requested by Patricia C. Moore on behalf of Peter & Barbara Herz, 170 Cedar Point Drive, Southold, New York for the construction of a residence within 75' of wetlands. RESOLVED to TABLE the Wetland Application submitted by Patricia C. Moore on behalf of Peter & Barbara Herz, 170 Cedar Point Drive, Southold pending a coordination request for Lead Agency Status with the Southold Town Board of Appeals. Very truly yours, Henry P. Smith, President Board of Town Trustees ~le~ne :TiTef~~ HP S: ip cc: Richard J. Cron, Cron & Cron, Attorneys Board of Appealsw'z Trustees C.A.C. file HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 September 4, 1986 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Barbara & Peter Herz 170 Cedar Point Drive, Southold, New York Dear Mr. Goehringer: Transmitted herewith is wetland application no. 446 submitted by Rudolph H. Bruer, Attorney on behalf of Peter and Barbara Herz. We would like to coordinate with your Board in determining the Lead Agency for this application. May we have your comments on same by September 17, 19867 Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Clerk HPS:ip Attachments cc: Patricia C. Moore on behalf of Barbara & Peter Herz Richard J. Cron, Cron & Cron Trustees file BOARD OF TOW1N TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1692 DATE OF APPLICATION IDENTITY OF APPLICANT Peter Herz and Barbara Herz PHONE NO ADDRESS OF APPLICANT 100 Oak Drive, East Hills, New York TAX MAP NO. 1000 - 90 - 02 - Lot 11 and 13 AGENT Patricia C. Moore PHONE NO. PERMIT REQUESTED TO Construct 1 family dwelling LOCATION OF PROPERTY FOR WHICH PERMIT WANTED 170 Cedar Point Drive East, Bayview Southold HOME ADDRESS OF PERMIT APPLICANT IF DIFFERENT FROM AFORESAID LOCATION 100 Oak Drive, East Hills, New York CREEK, BAY OR HARBOR FRONTING PROPERTY Little Peconic Bay, Midway Inlet SIZE OF PROPOSED WORK LENGTH 31' x 53' WIDTH 53' HEIGHT ABOVE HIGH WATER 37" DEPTH BELOW LOW WATER N/A YARDS TO BE EXCAVATED N/A YARDS TO BE FILLED N/A ~ WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTy DEPTH AT LOW TIDE See Survey AVERAGE RISE IN TIDE See Survey DISTANCE TO THE NEAREST CHANNEL .......... FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IS THIS FOR PRIVATE OR BUSINESS USE? Private AREA ZONING A - Residential IN THE AREA FT. MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED used to landscape INTENDED USE OF PROPERTY rs±denee DESCRIBE ANY KNOWN PRIOR OPERATIONS CONDUCTED ON THE PREMISE none AND WHETHER ANY PRIOR LICENSE OR PERMITS HAVE BEEN ISSUED TO ERRECT STRUCTURES OR TO DREDGE OR DEPOSIT FILL ON SAID PREMISES AND WHETHER ANY PERMITS OR LICENSES WERE EVER SUSPENDED OR REVOKED BY A GOVERNMENTAL .AGENCy ~ ~,,~ <.2-2~-~DEC -permit for bulkhead prior to '77 ~P~'~I~J~i~y i THE REHAB I L I TAT I ON AND ~l~l~~ THE WORK IS COMPLETED THE ~PRO~E~T.~iTE IF NECESSARY See Survey PROPOSED CONDITION OF THE INCLUDE AN ADDITIONAL SURVEy OF WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT WOULD PROHIBIT THIS PROJECT? No BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM Project Information (To be completed by Applicant~or Project sponsor) 1. Applicant/sponsor Peter Herz 2, ProiectName 170 Cedar Point Drive Project location: . Southold County Suffolk 4. Is proposed action: [] New [] Expan,io~ 5, Describe project brieHy: Construct 1 family dwelling 170 Cedar Point Drive, Southold Initially 27,450 sq.ft.acres Uh~ate[y 27,450 sq. ft.ac~e~ [] Yes [] No If No, describe briery Variance [] Residential [] Industrial [] Commercial 10. Does action involve a permit/approval, m' funding, now or ultimately, from any other governmental agency (Federal, state or local)? [] Yes [] No if yes. lin agency(s) and permit/approva]s 11 Does any aspect of the action have a currently valid permit or approval? [] Yes [] No If yes. list agency name and permit/approval type Bulkhead built prior DEC waived jurisdication I CERTIFYTIIAT TIlE INFORMAJ'ION PROVIDED AUOVE IS TRUE TO THE BEST OF MY KNOWLEDGE PART II Environmental Assessment (To be completed by Agency) drainage or flooding problemsf Explain briefly: . C3 Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species~ Explain briefly: CS, Crowtb, subsequent development, or related activities likely to be induced by the proposed action~ Explain briefly. PART III Determination o! Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all reievant ~dverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM E^F and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: COUNTY OF SUFFOLK STATE OF NEW YORK ) )SS: VIRTUE OF SAID PERMIT, IF GRANTED. In completing this application I hereby authorize the Trustees, agent or representative to enter onto my property to inspect the premises in con.ion wit~review of this Agent for Applicant SWORN TO BEEORE ME THIS Commission [xpires March 30, ~..o~ EX~e~MINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) X APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 97) DISAPPROVED "BOATS,DOCKS, WHARVES" PERMIT CONDITIONS, IF ANY (CHAPTER 32) EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 'Fhe N.Y.S. ~.Environmental Quality I((:vie~w, Act requires sub- mission of th~form, and an environmenttreview will be made by this b'~ard before any action is t"~rken, iHO~T ~NVlRO~dENT.~L ~ASS?SS~£.N? F(]P-'~ INiTPUCTIC.~, S: (a) In order to answer the questions In this short gAF is le ass~ed that prerarer will use currently available ~fo~tion conce~ieg the project and the ,.or Giber ll~ves:lgatlon~ w~l be ~dertagon. If any aues~ton hao been answered Yes the proJoc~ ~y be cczp~eted Env~rc~ental Assessment ~o~ i~ necessary. If all que~ions have been answered No l: l~ likely t~: thl~ projac% ~ct olgnificant. (d) ~vironmenral Anmemsment 1, W~I project reset la a large physical to the project site or physically alter more . 2, W~ll there be a ~]or ohange to any ~lque or unusual lan~ fo~ fo~d on the si%e? · · · · ... Yen W~i project alter or ~ve m large effect on an existing body of water? , , , , , , , , , &, W~I project h~ve a potentially large ~ on · . · · · · Yes K No ~. W~I proJec~ m~f~cently effect dra:na&e ~ on adjacent sites? · · · · · · · · · · · Yes X No 6. Will project affec~ any ~eate~ed or endangered 7. W~I project reset In a major adverse effect on W~i DroJec~ have a ~aJor effect on visual kno~ to be ~portant to the co~munzty? . . . 9. W~ll p~oJect adversely ~pact any site or ute of hl~:o~ic, p~e-~s¢or~c, or ~mportance o~ any site des~a~e~ ne a c~tical envlro~en~l area by a loca~ a~oncy? · · ~es W~I proJec~ have a m~Jor effect on ex&at~& or 11. Will p~oJec% result ~n ~Jor traffic p~oblems or ~2, Wll~ proJee: re~arly cause objectionable nOise, glare, vibration, or electrical dl~tur~ anco an a reset of t~e project's operation? . ~e~ X No 13, Will project have any impact on public healch or ZL, W~ project g~ec: :he ex~st~n~ co~un~7 by d~rec~Z7 cau:~n~ a ~ro~t~ zn germnnen~ popt~a- ::on of more than 5 percen~ over a on.year per~od e~ ~Rve a ~R~or n~a:~ve e~ec: on c~arac~er o~ the cormun::y :r nezgn~orhood?. Ye~ ..X ~5. Zo :here pub~c~.~:...cenSrJv~r~c°ncernzng- ~he pro~ae.-.~. ~es X ~o P~EP ~'r~ESSNTI:IG: Peter Herz Lesal Assistant 7/11/86 Yes X No Yes, X No X Yes No Yes X No ,- :u X No X )1o (Today's Date) To: Southo!d Town Board of Appeals ' ' Main Road Sou~hold, NY 11971 Re: Appeal Application of P~ter Herz Location of Property: _ 170 Cedar Point Drive~ Southold Dear Sirs: not .In reference to the New York State Tidal Wetlands Land-Us Regulations, 6 NYCRR, Part 661, and Article 25 of the Hew York State. Environmental Conservation Law, please be advised that t subject property i,n the within appeal application: (please check cmo box) [ x ] May be located Within 300 feet of tidal wetlands however, constructed along the water-lyinff edce of this property is a bulkh_~ad in very good ' condition and at least 100 fee~ in length. ~ [ ] May b'e 'located within 300 feet of tidal wetlands con~,uc_=~ along the water-lying edge of this property is a bulkhead in need of (minor' (major} repairs, and auuruximate!v feet in length. ' ' ' [ ] o[ ! appear to May be located within 300 feet of tidal wetlands, however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tlda! wetlands; and there is no bulkhead or ..... ~,. ~ · con ..... wa e:<is~in on the premises. -- Is not located withiu 300 feet of tidal wetlands to the best of my knowledge.* [:]tarred items (*) indicate your m':onert, - . Y does fall withi:t the jurisdiction of the N.y.s' D.E.C. Sincerely NOTS: If proposed projc, ct falls witfllin D.E.C. jurisdiction, approval must be received an~/ sul:mit~6d to our office befo£e your application can be scheduled for a public hca,;ing. ~; Bldg. 40, SUNY- ~ 219 · St~y Brook, 1~ York 11794 '(516) 751.-?~00 "' TITLE NO. T 1281- :~7'?0 pOl~lF 7'4.00. TEST HOL£$ N J ~. o/_~ '/.5' "W JJ. 55' POND N64°05 Area: 27,450 sq. ft._+ HEALTH DEPARTM£NT-DATA FOR APPROVAL TO CQ~ISTRUCT SURVEY FOR PETER HERZ R BARBARA HERZ LOT I10 AND PART OF LOTS 109 & 1,52, "cEDAR BEACH PARK" AT BAYVIEW TO~IN ~ SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE~ JAN. 15,1982 SCALEI 1"=40' NO. BI-798 GUARANTEED TO: THE TITLE GUARANTEE COMPANY PETER HERZ P' BARBARA HERZ ~ \ y:/,:;.'~' ~, / YOUNG YOUNG ALDEN W.¥OUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S. UCEN$£ NO. 1284'5 140WARI~ W. YOUNG, LAND SURVEYOR N.Y.S. LICENSE N0.4§693 ~00' OSTRANDE R AVENUE RIVERHEAD, NEW YORK HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 September 4, 1986 Mrs. Patricia C. Moore Edson & Bruer Attorneys at Law Main Road Southold, New York 11971 Re: Peter & Barbara Herz 170 Cedar Point Drive, Southold Dear Mrs. Moore: The following action was taken by the Board of Trustees regarding the above referenced matter during their regular meeting held on Aug. 28, 1986. RESOLVED to DENY the request made by Patricia C. Moore on behalf of Peter & Barbara Herz, 170 Cedar Point Drive, Southold for the construction of a residence within 75' of wetlands. RESOLVED to TABLE the Wetland Application submitted by Patricia C. Moore on behalf of Peter & Barbara Herz, 170 Cedar Point Drive, Southold pending a coordination request for Lead Agency Status with the Southold Town Board of Appeals. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling, Clerk HPS:ip cc: Richard J. Cron, Cron & Cron, Attorneys Board of Appeals c Trustees AREA CODE 516 Hand delivered August 28, 1986 Board of Town Trustees Town of Southold Town Hall - Main Road Southold, NY 11971 Re: Application of Peter and Barbara Herz, 170 Cedar Point Drive, Southold Dear Sirs: This office represents a number of property owners in the Cedar Beach Park Subdivision, adjacent to Midway Inlet, all of whom are deeply concerned with the application of Peter and Barbara Herz pending before this Board and the Zoning Board of Appeals. A review of the documents submitted by the applicants ind'i- cates that they seek from the Town Trustees a waiver of permit or jurisdiction with respect to proposed construction pursuant to Article II, §97-20(B). The basis for this application to the Trus- tees lies in the fact that the New York State Department of Environ- mental Conservation granted a waiver of jurisdiction with respect to the applicants' premises in October, 1981. Needless to say, the Town Trustees, under the Southold Town Wetlands Ordinance, are not bound, nor should they be bound, by the waiver of the Department of Environmental Conservation. This becomes particularly applicable when one views the following: 1. The New York State Department of Environmental Conservation's waiver of jursidiction was solely predicated on a map inspection and not a visual inspection of the premises; 2. It is obvious that the Department of Environmental Conservation's waiver could not have been predi- cated on the map dated January 15, 1982, which sets forth the proposed construction of the applicants; Board of Town ~f~ustees August 28, 1986 Page two 3. The condition and area of construction of the bulkhead may have been substantially different on the map submitted to the Department of Environ- mental Conservation, upon which the waiver was granted in 1981; 4. The area of proposed construction may have also been substantially different than shown on the applicants' survey of January 15, 1982; 5. The Department of Environmental Conservation's waiver indicated that Lot No. 110 was entirely bulkheaded. The applicants' survey of January 15, 1982 shows a dilapidated bulkhead running along the westerly portion of the premises and in the area~of the construction of the residence, and within ten (10') feet of Midway Inlet, ap- parently no bulkheading at all exists. In light of the conditions that exist this date, the Department of Environmental Conservation should be called upon to make a visual inspection of the applicants' premises with respect to the proposed construction and in particular as to whether a Department of Environmental Conservation waiver of jurisdiction is valid and should exist in the light of the dilapidated bulkhead condition and the apparent lack of bulk- head in the area of construction, approximately ken (10') feet from Midway Inlet. As submitted by the areas: (a) applicants, it appears to be erroneous concerns the Short Environmental Assessment Fo.rm in two (b) The answer under question 10 should be "yes", for the reason that approval of the proposed construction requires variances from the Southold Town Zoning Board of Appeals; and The answer under question 12 should be "yes", in that existing conditions should be brought to the attention of the Depart- ment of Environmental Conservation for a determination as to whether a waiver of jurisdiction granted in 1981 is still valid and would exist in the light of the condi- tions set forth on the applicants' survey of January 15, 1982. Board of Town Trustees August 28, 1986 Page three The significance of item (b) above becomes quite apparent when one reviews the questionnaire submitted to the Zoning Board of Appeals, dated July 30, 1986 in connection with Article 25 re- quirement of the Environmental Conservation Law, a copy hereto annexed. In the form submitted, the applicants indicate that the bulkhead is in very ~ood condition along the water's edge. Both the survey submitted and a visual inspection will show that to be clearly erroneous. It is anticipated in the near future that a substantial number of property owners bordering on Midway Inlet will be seeking approval from the Town Trustees to engage in dredging operations, at their own cost and expense, with a view to opening the Inlet to Little Peconic Bay. Th~ property owners do not wish to see any action by any governmental body, including but not limited to the New York State Department of Environmental Conservation, the Town Trustees, or the Town Zoning Board of Appeals, which would in any manner whatsoever impair their subsequent application for ap- proval of any such proposed dredging application. Due to the significance and consequences envisioned by this application, the Trustees should demand full compliance with Southold Town Wetlands Law and a thorough SEQR process under which the Trustees adopt lead agency and compel the submission of a Long Form Environmental Assessment Form prior t~ any determination of significance or non-significance. In light of the foregoing, the Trustees should not grant to the applicants a waiver of permit or jurisdiction pursuant to Article II, 97-20(B). The applicants fall within the confines of Article I, §97-13(A)(3) and should be required to comply with ,Article II, §97-20(A), unless there is clear and convincing proof of compliance with the standards required by Article II, §97-28. A review of all documents submitted would indicate that this has not been demonstrated by the applicants. RJC:e Enclosure cc:VSouthold Town Zoning Board of Appeals Dr. John H. Hubbard, c/o Cedar Beach Park Property Hr. & Hrs. Severus DeLco Very truly yours, Owners DRIVE £ASr POND TEST HOLES O.O 4rea = 27,450 sq. At : :' ~ '; c'~ /Hr,Jh ~3EI~ARh~t'NI OF HU'~LItl 5rPvlcrs HEALTH DEPARTMENT-DATA FOR APPROVAL TO C~ISTRUCT . su~ co. t*,x ~P m$~'T6oo SrCT~O# 0~0 mOCK 02 ~.or-~ la -- ~, I~ONUMENT FOUND 0 ·pipe FOUND SURDI¥18ION MAP FILED IN THE OFFICE OF THE CLERK OFSUFFOLK COUNTY TITLE NO TI281-2770 SURVEY FOR PETER HERZ 8 BARBARA HERZ LOT I10 AND PART OF LOTS 109 8~ 152, "CEDAR BEACH PARK" AT DAYVIEW OATE: TO~fN O~ SOUTHOLD SUFFOLK COUNTY, NEW YORK JAN. I$,I982 SCALE= 1":40' NO. 81-798 GUARANTEE[, 10: THE TITLE GUARANTEE COMPANY PETER HERZ ~ BARBARA HERZ YOUNG YOUNG RIVERHEAD~ NEW YORK ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR NY.S. UCENSE NO. 12845 HOWAR~ W. YOUNG~ LAND SURVEYOR N.YS. LICENSE N0.45893 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I,, N,Y, TELEPHONE (5t6) 765-1809 APPEALS BOARD MEMBERS March 17, 1988 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E . Q . R . A . SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRON~ENTAL DECLARATION JOSEPHH. SAWlCKI Notice of Determination of Non-Significance APPEAL NO.: 3543 PROJECT NAME: PETER AND BARBARA HERZ 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 To%~ of Southold. This board determines the within project not to have a signifi- cant adverse_effect on the environment for the r~asons 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 [ ] DESCRIPTION OF ACTION:Locate new single-family dwelling with insufficient setbacks from existing bulkhead and from highwater areas LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 70 Cedar Point DU., Southgld, NY 1000-90-2-13.1 REASON(S) SUPPORTING THIS DETE~%~INATION: (1) An Environmental Assessment in the short, form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent indicating that the project will no~ involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands FOR FURTHER INFO~TI©N, PLEASE CONTACT: Linda K6wals~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 on the Town Clerk Bulletin Board'. (3) The relief requested is a setback variance as Section 617.13, 6 NYCRR, SEQRA mc and posted regulated ~y INt)llLl~ 1~ rl~Kl~lJ¥ t~Iv- EN, pursuant to S<tion 267 of the Town ~w ~d tbe Code of the Town of Somhold, the following he,lAgs will ~ held by tbe SOUTHOLD ~WN RD ~ ~ at a ~1~ M~ng at the ~uthoM Town Hall, Main Road, ~uthold, NY on THURSDA~ MARCH 17. 1988 at the folly- lng times: 7:35 p.m. Appl. No. 371~ DALE MAYNA~. V~ to the ~ni~ OMinancg A~icle III, Section 100-31, Bulk ~h~ul~ for appm~ of the in- sufficient ~a ~d ~dth of t~ p~ ~ app~ ~ the PI~- ning Board in the subdivision kn~n ~ "~w~d ~s, ~- fion I? Filed Map No. 2~7S. ~tion of ~y: ~t of ~aw~ Dri~ SouthoM, NY; County ~ Map ~r~ls No. 1~79-7~ and 6~. 7:~ p.m. Appl. No. 3713- ~ V~ to the ~ning Ordinanc~ A~icle 111, S~tion 1~-32 for app~ of tbe constru~ion of ac~sso~ swmte sh~ ~th ~ insu~dent saback from pwpe~y lines at p~mises kn~n as 14~ Water- view Drive, Southold, NY; County ~ Map ~el No. 1~-~8-7-~4. 7:4~ p.m. Appl. No. ~711- ~RNEST AND DORIS~ ~ V~ance to tbe ~ning Ordin~c~ A~icle XI, ~ion 1~119.2 for ~ssion to construa d~k with ~ insuf- ficient setback from ~isting bulkh~d at p~mises known ~ 915 Mill C~k Dri~ ~uthold, ~, County ~ M~ ~1 Ho. ~:50 p.m. Appl. No. 3712- ROBERT CLEMENS~ Variances: (a) to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for per- mission to construct additions to dwelling with an insufficient rearyard setback from the easterly property line, and (b) for approval of access pursuant to New York Town Law, Section 280-a over a private right-of-way extending off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-17. ~' 8:00 p.m. Appl. NO. 3543- PETER AND HERZ; Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to~' locate new single-family dwell- ing with insufficient setbacks from existing bulkhead and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, Part of Lots 152 and 110; Coun- ty Tax Map Parcel No. k..~000-90-02-13.1. [[]AUNTY OF SUFFOLK ss: TE 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, commencing on the ............ (.~..c~. ..... 8:20 p.m. Appl. No. 3687- JON C. KERBS. lnterpretatiOnvariance /0 and, if necessary, / under Article XI, Section ,re me this ..................... day of 100-119.2 of the Zoning Code, for permission to locate building ..~.. 1 9 75 feet from the N.Y.S.D.E.C. ' ..... ' ..... determined tidal wetlands line as approved under D.E.C. Permit No. 10-86-0092 and in accor- dance with Town Trustees ~/~) ~/~ .Wetland Permit No. 373 condi- .. ~c~.~ . .~'~... 7~.~ ............ tionally approved June 25, 1987. Location of Property: East Side Notary Public of Narrow River Road, Orient, BARBARA FORBES NY; County Tax Map Parcel No. lqotsxy Public, State of New York 1000-27-2-5. 8:35 p.m. AppL No. 3710- No. 4806846 Qualified in Suffolk County THE COVE AT SOUTHOLD~~ Commission Expires f/~.~. INC. Variance'under Article XI, / Section 100-119.2 of the Zoning Code, for permission to locate buildings 75 or more feet from the N.Y.S.D.E.C. determined tidal wetlands line and at not less than 18 feet from the Town Trustees determined wetland grasses as approved under Trustees Permit Application No. 601. Location of Property: South Side of Main Bayview Road, Southold, NY; County Tax Map Parcel No. 1000-87-5-20. The Board of Appeals will hear at said time and place all representatives or persons desir- ing to be heard in each of the above maters. Each heating will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 7654809.. ~,,.Dated: March 3, 1988 - BY ORDER OF THE :~ sOUTHOLD ToWN ,! BOARD OF APPEALS~ [ ,~/ k GERARD P. GOEHRINOER, \ CHAIRMAN , ~-/7. ~ 7 ~ Linda Kowalski, ~ Board Secretary ? IT'3/10/88(5) I tbe Soutbold Town Hall. Main Road, Southold, New Yolk, on THURSDAY. MARCH 17. I 0~R at the foHow:ing times: 7:30 p.m. AppL No. 3714 Zoning Ordinance, Article Secti~ 100-31, Bulk Schedule, for approval of the insufficient area and width of two parcels al the subdivision known al #Seaweed Acres, Se~m l", Fried Map No. 2575. Loeatinn of ~ ~.. Property: West Side of Seaweed of-waextend' . thold, NY; nty Tan ,id, Mai tnL-° ?: the 8:3s p.m. Am. 710- .... ~, o~yvnew Aoaa, ~E ~ AT ~O1 ~ ~ ~ ~ap Parcels No l~ 79 7 ~ S~thold. NY, C~nty T~ Map Va ' A~de ~, ~ ~d 65.. ~ Pa~l No. I~.~ ~ ~ ~:~ ~. ~ 3v13 -~ ~.~ um A~L N~ ~--~ l~l192~me~ ~ for · ~ O~nn~, A~cle ~, / Variances to th- ~_ ' t~ ~ or more feet fr~ ~e N.Y.S. ' - . . ~ ~on?8 D.E.C. d~c~ ~ w~ds ~n !~ 32 for 8~ of ~e ~ O;d~n~ce, A~cle XI, Secuon · ~ of sc~sso~ sm~8e ~ 100-119.2 for oe~ission *~ / line nd m nm less ~m 18 snea ~ ~ ~s~fi~t s~h~ ~ I~m new ~-'- 5 .... ~--...'- / f~ ~e To~ Tm~ ~ . f~ Pm~fly Unes at n~ises ~L~ ; ...... · P~'x~Y.aW~I~ w~md ~ass~ ~ t~ ~ of Oreenpon _:~OTICE OF HEARINGS p,~, ~. 4~ty T~ M~ / highwater areal al~, Midwa~-~ ~[' ~ ~ ~ny: ~: : NU~CE IS HEREBY G~ -=~. ~o. s~0-7-54. / ~et md H~ Ne~ R,: ~' ~ ~ amc of Ma~ Bedew R~d '~L~ ss~E~ a Weekly lowo ~w and ~e ~de ~ the ~r-~tAau ~)RIgROR~SON. I ~u~old. NY' C~nr u---~ n ~ f r~ N~ 1~-5-20 r To~ of ~u~old ~e foHowmn . ~ ~e ~g O~mnce. ~. Map. Pan of ~ts 152 and I1~ [ ~e ~ ~ A~s ~ h~r folk and State of New ~ hea~Ss ~ ~ held by ~ Amc~eXl.~c~ 100-119.2 for I' C~tyT~MapPa~N~--i~'~ at said t~e and place all t~h;~+~ ...... SOU~I.~ ~ ROAR~ OF ~ssl~ m ~st~ct de~ w~ ~ 90-02-13 I ' ;~s~s ~ ~n~s desi~a ............... ~ APPEALq ~ n ~M~6-~ an insufficient setback from ~ 8:20 D~' A~] ~ ~e~t° ~ he~ ~'each ~ ~ a~ '~egularl ublished tn ' e~sfi · .. . --~...,o .... -- = Y P n~ bulkhead at p~ises ]ON ~ ~n~n~ - - matters. Ea~ hea~ng w~ nm ~ kno~ as 915 ~ C~ ~ve .~': ~ :-.-sta~ ~fo~ ~ott~' ~ch week for ~u~old, ~. ~ T~ Ma , · ~ . .; W~,en ~ Comments ma b Pn~ ~ ~ ~ e P A~de ~, Sem~ 1~-1192 of ~ y · arcing on the ~o. -~-,o~-~-37. ~ ~g C~e, for ~issi~ 19 88 sn~t~ p~ to ~e ~ncin~ of ~ subj~(b~. F~ m~ 7:~ p.m. A~L No. 3712 - m l~m ~g 75 fm f~ ~e ~/~e~e ~ 7~-1~. ~. V~m~: N.Y.S.D.E.C. dete~ined 6~1 ~. A~cle 111. ~ 1~31, B~ D.E.C. ~it f1046-~2 nd ~ Schedule, for p~rmission t~ accedence wi~ To~ Trustees ~O~OF~ c~stmct eddifions to dwall~g Wetland Permit No. 373 G~P.~G~ ~rincipnl Clerk wi~ an ~sufflcient r~aryard c~difi~Mly n~oved J~e 25, s~h~ f~ ~ e~mrly ~ 19~. ~m of ~y: ~ · ~, a~ ~) f~a~al~s S~ ~Na~w ~verR~. OfimL ' r ~ Lind. ~W~S~ ~ ~ 28~a ov~ a ~va~ fi~t- 1~-27-2-5. ...a ......... - ~-~ MARY K. OEONAN Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fr~'e to call our office, 765-1809. Yours very tr~ul~..~ ~. ~ G'~'RAt~D P. GOEHR~"NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk December 11, 1987 Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal #3543 Peter and Barbara Herz Dear Mr. Goehringer: This letter will confirm my conversation with Linda Kowalski requesting an adjournment of the above-referenced appeal. The architect, Brian Shore, was out of town and could not attend on December 10, 1987. Dr. and Mrs. Herz felt it was important to have Mr. Shore present at the Zoning Board hearing, therefore, they requested an adjournment. We request the the Board reschedule this appeal on, or about, January 14, 1988. I have been advised that the architect, Brian Shore, our expert, Herb Davids and Dr. and Mrs. Herz can be available for your January meeting. Please advise us if the Board schedules for a date other than January 14th. Please forgive any inconvenience this may have caused. Very truly yours, Patricia C. Moore PCM/df cc: Dr. and Mrs. Peter Herz Mr. Brian Shore H.W. Davids Associates James Cron, Esq. H. W. DA VIDS ASSOCIATES E.V,RO.ME.'r^~. CO.SU~_'r^.'rs P.o. BOX 931. SOUTHOLD. NEW YORK 11971 (516) 765-5599 (516) 727-7640 September Suffolk O~un~y?eelth Sar,rises .Dent. Suffolk County Center ~iverheed, Ne~ York llq~l Attention: Poy Reynolds A?pl!cation f'or re-a~ovsl Proper~y of' Dr. ~ Cedar ~olnt Dr., ~outhol~, ~closed are three s~?vey Corr~ IndleRt!n~ the proposed ~ew~me system and Indiv~dua! water e~pDI.v ~J~tem for the above nronerty. You will note tb~t the well ~s loeate~ ap~ro'~l~tel~ 300 t'eet the proposed location of' the ~well~. The method of' water suTmlv Oronoeed rdll qor~st o£ a 4-inch diameter well with a s~bme~tble T~m~0 of 1 hor,egower. Tbs w, ter service line w~ll consist of' 1~ i~eh ~.v.e. ~IT~. You will note that +~e resx~ta of the exJsttn~ test well whie~ was resampled on September 1, lq~7, were found to have water quality within standards. ce~Patrlela C. '~ore, Attorney at Brian ~hore, D.A. October 9, 1987 Zoning Board of Appeals Southold Town Hall Main Road Southold, New York 11971 Attn: Linda Re: Herz Dear Linda: Enclosed please find copy of Health Department stamped survey together with letter dated September 25, 1987 by H.W. Davids Assoc. on record with the Health Department. Please schedule the pending appeal on the next regularly scheduled Zoning Board Hearing. Thanking you in advance for your cooperation in this matter. V%~y~_truly yours, Patricia C. Moore PCM/cas Enc. cc: Mr. and Mrs. Herz Brian Shore Architect SOUTHOLD TOWN BOARD OF APPEALS IN THE MATTER OF PETER AND BARBARA HERZ THURSDAY, JUNE 18, 1987, PUBLIC HEARING 8:45 p.m. Appeal No. 3543 - Public Hearing commenced in the matter of PETER AND BARBARA HERZ. Variances to locate new dwelling struc- ture with insufficient setbacks from bulkhead and highwater areas along Midway Inlet and Hog Neck Bay, Southotd. 70 Cedar Point Dr. (Recessed as agreed from previous meeting.) The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: Would you like to be heard Pat? PATRICIA M00RE,ESQ~his evening I have with me Peter and Barbara Herz who are right there and Brian Shore who came in last time, Davi who is the expert from former department head of the Health Departmen~ who is familiar with the Health Department and the files and any information that you want relating to the septic system. I intend to respond to some of the issues raised to use from the May 21 hearing. First, I wish to establish that the cesspool must re- main in its proposed location. Herb Davids is here and is a pro- fessi0nal engineer and former director of Suffolk County Health De- partment. For the record, I'd like to submit Mr. Da¥ids' curriculum vi%ac and a copy of the letter which was sent to you. The letter is dated June 2nd, '87 and it was sent to you June 5th or there about and it's in your files but I'll give you another copy for this evening's hearing. CHAIRMAN GOEHRINGER: Can'I ask you, Patti, to use the mike if you wouldn't mind. MS. MOORE: I made copies for everyone. At this time, I have a survey also showing the distances and location of the cesspools and wells and the wells and the cesspool locations of the adjacent property. ~ have one original and copies of it. At this time, I'd like to bring Mr. Davi~ up to the microphone so he can answer any questions you have regarding this location. This is the original. CHAIRPLAN GOEHRINGER: Ok. T~e.~topic came up the last hearing about the placement of the cesspool sanitary system which we'll refer to as a sanitary system and the possible placing of that a little mcre towards the, in this particular case, a very unique piece of property more toward frontyard in this particular case.-- Thereby, permitting the house to be moved a little more toward the frontyard and not speci- fically against the bulkhead as it is presently proposed. And you know, maybe you can shed some light on the matter for us. MR. DAVI~: Well, the cesspool, the septic tank and leeching pool system is, in this case, a five p00]- shallow pool system because of the depth of groundwater. And it does take up more area than it normally would, than a single-pool system when you have 20 feet to groundwater. The problem here is; there are surface bodies of water. The bulkhead on Peconic Bay is the highwater mark there and then the pond to the west. We're locked in ~nd Ii~cheoke~his Page 2 - June 18.~L987 Public Hearing -q~ter and Barbara Herz Southold Town Board of Appeals MR. DAVIDS(continued) several times. You're locked into the location there within a couple of feet. It just happens that both cases, the nearest leeching pools is exactly 100 feet from ~ each body of water which is required. That is a requirement of the Health Depart- ment as well as the D.E.C. And so shifting at all, at best you could shift it five foot, the cesspool systems to the east and near the other dwelling of the other property line. I wouldn't say this w0u]d really accomplishing anything. The well has to be located up by the road for practical reasons. That's the only place you're going to get fresh water in this area. And secondly, it's locked in by the existing house to the east who's well is up by the road and the sewer system in the back of their dwelling. CHAIRMAN GOEHRINGER: So you feel that the cesspool or sanitary system can not be placed any closer to the body of water which we will refer to as a landlocked pond at this particular time. MR. DAVID~- No it can't. It's just the bare minimum, 100 feet. CHAIRMAN GOEHRINGER: Has the house ever been constructed over the top of a sanitary system? MR. DAVIDS: That's illegal. The leeching pool must be five foot from the nearest part of the foundation, crawl space, a slab or a basement. A septic tank has to be at least five foot from that wall if there is no basement a~d ten foot if there really is a basement. But the leeching pools are really the key issue here because they are exactly 100 feet from both bodies of water at this point. CHAIRMAN GOEHRINGER: Could the sanitary system be placed on the front part of the lot and still possibly be placed 100 feet from the well point? Bearing in mind that the lot is 191 feet deep at that point. MR. DAVID Up by the road? No because it would jeopardize the neighbor's well right off the bat and there would be no way we could get fresh water 100 foot if you came towards the other body of water. CHAIRMAN GOEHRINGER: We called Suffolk County Health Department and of course we speak to them quite regularly on many .of ~the cases and we did speak to a sanitary engineer. He did indicate to us that to his knowledge, the cesspool leeching system could be placed within 15 feet of the next door neighbor's system. Now, we don't know exactly where the next door neighbor's system is. MR. DAVID The cesspool system? It's in just to the rear of the building, the dwelling. MS. MOORE: It's shown on there in pencil. I'd like to add that is a copy of what is in the Health Department records. Page 3 - June 18 .987 Public Hearing ~er and Barbara Herz Southold Town Board of Appeals MR. DAVIDS: That's in the Health Department's field inspection. CHAI~4AN GOEHRINGER: Excuse me just one second sir. Excuse me. GO ahead Mr. Davids. MR. DAVI~: I was just going to say, this particular application was approved by the Health Department back in 1982 with this pre- sent layout. We have it subject to renewal and one of the condi- tions is the well must be resampled. -That was one of the original conditions because it is borderline water in this area because of salt water intrusion and also the temik problem. CHAIRMAN GOEHRINGER: In our discussions with the sanitary engineer, he had suggested that possibly you get Health Department approval before you proceed with the application. So I'll address any is- sues tonight. But I think that what we should do is let you pro- ceed with the Health Department approval, the reapproval from the Health Department and then see what exactly we can do on reference to the setback. We are going to address the setbacks tonight and we'll see-~hat can be done. MR. V. LESSARD: Can I ask this gentleman a question through the chair. On your sanitary system where the grease ~rap is, what is that minimum distance before that grease trap in the house? MR. DAVIDS: Septic tank? MR. V. LESSARD: No, no. The grease trap. CHAIRMAN GOEHRINGER: Same thing. MR. DAVIDs: Restaurants have to have a grease trap, a house a sep- tic tank. MR. LESSARD : Ok. What is that minimum distance to that foun- dation? MR. DAVIDs: To the foundation? If there's a basement, it's ten feet. If there's no basement, it's five feet. MR. LESSARD : Ok. Then the distance from that to the first leeching pool? MR. DAVIDs: You've got to be at least five foot between the sep- tic tank because of the practical thing of construction. MR. LESSARD : Ok. Thank you. CHAIRMAN GOEHRINGER: Thank you very much sir. Ms. Moore, when we had spoken to the Health Department, they had indicated to us that the original Health Department permit was granted in 1982 and that for some reasons they had felt changes had been made since then and that was their suggestion in gaining Health De- partment approval. Whatever changes they were referring to at this point, I don't know. Maybe they lessened the distance be- tween the septic system and the pond. I have no idea at this Page 4 - June 18_,~)87 Public Hearing 2er and Barbara Herz Southold Town Board of Appeals CHAIRMAN GOEHRINGER (continued): point. But that's what we were anticipating at this particular point. I think it's to everybody's benefit and I will address any shrinkage of the house that you dealt with or that you might come in 50%, 60% tonight. MS. MOORE: partment? So you would give your decision subject to Health De- CHAIRMAN GOEHRINGER: I would like to see Health Department ap- proval before we proceed to be perfectly honest with you and be- fore we make a decision. So what I would like to do is address the issue of setbacks now and then recess the hearing without a date and let you get the Health Department approval and then we will go and reconvene possibly in August some time. MS. MOORE: It takes about two weeks to get Health Department ap- proval. .. CHAIN{AN GOEHRINGER: Ok. As soon as you get it, we'll readdress this. MS. MOORE: We have to submit a survey showing the location of the house before the Health Department will Stamp the map. /here- fore, which comes first. So I think maybe we would need some kind of determination by you as to the location of the house. That issue, I think could be addresssed from the information at tonight's meeting. And from that point on, we could go and you could make your decision subject to... Well., the C.O., the building permit, won't be issued unless Health Department approv- al is received. Therefore, we can't look forward to getting a building permit. CHAI~N GOEHRINGER: Well, let's see what you have first and we will make that determination. MS. MOORE: Fine. I wish to respond to Mr. Cr0n'$comments where- in the dimensions of the house and where you raise it again, at this point. I just want to make a point for the record that we are permitted 20% lot coverage on this property and on the 27,450 square foot lot, we can build (as of right) a 5,490 square foot house. The size and architectural design of the house is up to the landowner. So comments that were made by Mr. Cron about the architectural integrity of the home is relevant but irrelevant. That is something ~hat the property owner has a right to deter- mine. What is beautiful to one is not to another. The proposed house that is before you is 11% of the lot coverage and that in- cludes the decks. I would also like to point out that it seems no matter where the house is located, we would be within the 75 feet of the water body. Because it's the Health Department, the cesspool is stationary and through Mr. Davids' sxpertise, we've proven that that is a fixed issue. The house has to revolve around that septic system. No matter where you would put the house, you're within 75 feet. It was also discussed in your records, I won't submit it again at this point but Thomas Cramer Page 5 - June 18~1987 · Public Hearing - ~r and Barbara Herz Southold Town Board of Appeals MS. MOORE (continued): presented an opinion to the Trustees wherein he discussed the location of the cesspool and house and so on. And it was pre- ferred to keep everything where it was rather than moving it closer to a contained water body which would be the pond. The location of the cesspool, another argument which can be made for keeping that cesspool where it is, is the fact that it is closer to a flowing body of water rather than a contained system which is the pond. I also have a survey which was prepared by Young & Young dated June 16, 1987 which one of the comments you made was; one of the conditions or the thoughts that were going to be brought up tonight, the location of the house and sideyard. We moved the house over as close as we possibly could to the DeLeo property creating a ten foot sideyard increasing the side- yard on the inlet by 20 feet. So if you compare this survey to the one that you have that was originally submitted, you can see that the house is moved over. At this time, I'd like to present Brian Shore again. You spoke to him last time. And I'd like him to discuss with you the size of the house and moving it over and so on~ CHAIRMAN GOEHRINGER: Thank you. Mr. Shore, can I just ask you one question before you give me your presentation? The deck that is fixed to, what we refer to as the rear or refer to is as the water side of the house. MR. SHORE: That would be on the south side? CHAIRMAN GOEHRINGER: That's right. That is correct. Is this an above the ground deck or is it a patio? MR. SHORE: It's above the ground. CHAIRMAN GOEHRINGER: And so therefore, it was part of this setback? MR. SHORE: Yes. CHAIRMAN GOEHRINGER: Ok. Go ahead. Thank you. MR. SHORE: I'd just like to address myself to a few issues and make a couple of comments if I may. The new survey prepared by Young & young does show the ten foot property line, ten foot setback to the east as requested by the Board or suggested by the Board. It's a setback or an approach I am not particularly in favor with. I would like to point out again and emphasize again that this brings the house closer to the neighbor rather than further away. The closest neighbor that is. I think for the benefit of both parties, I pre~ fer the sideyards split. However, I just bring that up as a point of information. I think it's been the location of the sanitary sys- tem that has been well defined this evening and justified. I would like to make a statement that my clients will move the house as close to the sanitary system as possible. In other words, our sani- tary system will be depressed and the house will be shifted north as Page 6 - June 18~ 1987 Public Hearing -~ter and Barbara Herz Southold Town Boa~i~d of Appeals MR. SHORE (continued): as far as we can. That is a calculation done by Young & Young whoever the engineers might be. We're talking about a matter of feet here, inches rather than in terms of 10 or 20 feet. I do not have the capability. It's all computerized today and the surveyors are quite capable of making that determination. But what I am proposing is regardless of how the sanitary sys- tem is drawn, we will compress that and pull the house north those few feet to the legal or practical minimum that the en- gineer and Health Department will permit us to do. So I'd like to make that known to you. Again, I'd like to emphasize that we are, in terms of footprints, developing slightly over more than half of the area than we are permitted. I'd also like to empha- size that due to the fact that the sanitary system is fixed in terms of location, that the size of this house will not im- pact its location. I picked up this house at half, virtually, I'm not making that as an offer. But I'm saying if that house was cut in half, the location of the house would remain substan- tially ink,he same area. So I2~don't think the size of the house is an issue. I think the real issue is the practical or legal location of that sanitary system. CHAIR~N GOEHRINGER: Ok. Thank you sir. Go ahead. MS. MOORE: Peter Herz would like to speak to the Board. Address the Board. CHAIRMAN GOEHRINGER: Sure. How do you do. MR. HERZ: I'm not going to address the legal requirements which I know nothing about. I just want you to understand why I want to have a house out there. I grew up in Manhatten when I was a little boy. I enjoyed water sports. I enjoyed fishing. I en- joy swimming. We have three children; ages 10, 13 and 18. I am a very private person. I'm not one to throw parties and this is something that I always wanted for myself. It's something that I wanted to pass as a legacy to my children that they could enjoy in the future. So I'm not intending to be a transient kind of person. This is something I'd like to pass f~0m generation to generation. I just want you to understand that and I thank you very much for your attention. CHAIRMAN GOEHRINGER: Thank you sir. Is there anything else you would like to say? Based upon my first request, I still think that we should have Health Department approval and we should see that and I'm not stealing words from somebody but we should see that compression of how far you can really push that sanitary sys- tem. And of course, for all inten$iYe purposes, what we're do- ing is pushing the Health Department to its max. As far as they can go and then we can make a better decision. That is my sugges- tion. However, I have no idea how my fellow Board membe~si!~eel. What would be the situation here. Personally, that's what I would do. We, could of course, close the hearing pending receipt of Page 7 - June 18,~7 Public Hearing -PWer and Barbara Herz Southold Town Board of Appeals CHAIRMAN GOEHRINGER (continued): the Health Department approval. It's the summer time. busy. It took us two days to get in touch with them. I work in the same building occasionally with them and I have trouble getting a hold of them sometimes. It's entirely up to you. Personally, I would not close the hearing. We'll see what you want to do. MS. MOORE: We can submit all the information to you about the compression of that system. We can get that to youl. relatively quickly. I think Mr. Davids I know for a fact he has submitted applications for our office and he is very capable and he has been able to accomplish what I don't think a lot of other people have tried and have been unable to do. So I'll have to ask my clients whether they're willing to keep it open only because it requires the Board to take another meeting and set aside time for this application. Where I think that all the information will be before you before that next scheduled meeting. CHAIRMAN ~OEHRINGER: But you are aware of the fact, however, that if we do close this hearing, the only thing you will submit to us is the Health Department approval. MS. MOORE: No. It will be pending the receipt of .... BOARD SECRETARY: Once the hearing is closed, the file is sealed. CHAIRMAN GOEHRINGER: I really can't even take the Health Depart- ment approval and that's where the problem is. (Mrs. Moore consulted with her clients momentarily.) MS. MOORE: Alright. We will keep it open. I believe that if we can get all the information to you, we could request to be scheduled for the next scheduled meeting. We will have this compressed sys- tem and the Health Department approval. CHAIRMAN GOEHRINGER: Thank you. Mr. Cron, heard? would you like to be JAMES CRON, ESQ:Our office represents __ (James Cron 0fthe offices of Cron and Cron) -- We represent Mr. DeLeo, the neighbor immediately adjacent to the proposed construction of this new house. I would like to submit to the Board at this time, copies of the proposed map which would meet all of the requirements without any variances whatsoever. I think it needs a little explanation and that is ex- actly what I propose to do at the present time. Obviously, speak- ing in opposition to this proposed plan. It has not considered all the alternatives. I address in par ticular, the letter of June 2, 1987 number 5, where Mr. Davids states the cesspool system could be shifted 5 feet to the east maintaining the 5 foot minimum between the Outer edge and the nearest cesspool to the property line. This would not accomplish anything except possibly upsetting the neigh- bor to the east. As a representative to the east, it will not up- set him and accomplish quite a bit. You will see in the proposed new sit e plan, an area in green. That is the house that can be built meeting all of the requirements. In particular, it would have a 75 foot setback from the bulkhead, 10 foot on the west side, 27 Page 8 - June 18 .987 Public Hearing ~ter and Barbara Herz Southold Town Board of Appeals MR. CRON (continued): feet on the east side and would have a 5 foot setback on the east side of the property line for the pool basically in the same lo- cation but moved 5 feet closer to the east. The blue areas that you see on the map, represent number two; the 10 foot setback on the west side and the 27 foot setback on the east side. Essenti- all~ gentlemen, all that has changed from that proposed site plan, is the reduction of the width of the house. We are talking about, instead of a 53 foot wide house; reducing the house to 40 feet on the north side, 47 feet on the south side and 43 on the east and west lines with the deck which is 31 plus 12. The first total area would basically be reduced by something in the neighbor of 408 feet. This meets all of your requirements. And I would sug- gest that if the applicant is indeed interested in trying to meet the requirements of the law and as a matter of fact, the law which dictates what type of house one can build within certain limits, that he reduce the house and the architect has already said they would be interested in reducing it and I'm sure he'd be willing to do it as l'ong as it's reasonable. And reducing the width by 13 feet, I think is quite reasonable. Especially in light of the fact that they're asking for a 70% reduction in the 75 foot setback from the bulkhead line. Ok. If you gentlemen have any questions, I'd be happy to entertain them. CHAIRMAN GOEHRINGER: No. Not at this time. We'll study it. Thank you. MR. CRO N: Thank you. CHAIRMAN GOEHRINGER: Hearing no further comment, I~ll make a mo- tion recessing .... MS. MOORE: I'd like to respond to Mr. Cr0n'$ comments. The first comment I'd like to make is that the green area is not the archi- tectural or the requested or proposed house size and Mr. and Mrs. Herz made a request and presented that application to the Board. As far as the red area .... Well, the green area is on top of the septic system. And this house presumes we have the or- iginal sideyard; the survey that we presented to you tonight has a 20 and 10 sideyard. Upon closer observation, you will see that it's not what the applicant's requested nor is it as we discussed before, it's on top of the septic system and that's something that can not be moved. MR. CRON: Yes, Mr. Chairman, I'd like to address that. And Mrs. Moore is making a mistake. The area in red is the area where the septic system will be relocated to. You now have a five foot set- back from the property line and a total of 27 to the side of the house. The area in red is where the new septic system will be lo- cated not where it was presently located. You're moving it 5 foot east. CHAI~,~N GOEHRINGER: Thank you. Why don't you study the plan over the next, going through it the next time. That's all right with you unless Mr. Davis has something because he may not be here the next time. Public Hearing - and Barbara Herz Southold Town Board of Appeals MR. DAVIDS: This proposal, the leeching pool system will be too close to the property line. It must be 10 foot from the wall... CHAIRMAN GOEHRINGER: You're going to have to use the mike. MR. DAVIDS: This proposed pool to the property line property line -the 5 foot. layout, the cesspool system, the nearest should be maintained 10 foot from that CHAI~4AN GOEHRINGER: Thank you. Hearing no further comment, I'll make a motion recessing the hearing with no date pending a letter from the applicants or appe]lant's attorney requested that we will reconvene. Ail in favor - AYE. TOWN OF SOUTHOLD IN THE MATTER OF PETER AND BARBAP~ HERZ THURSDAY, MAY 21, 1987, PUBLIC HEARING 9:35 p.m. Appeal No. 3543 Public Hearing commenced in the Matter of PETER AND BARBARA HERZ. Variances to locate~new single family dwelling with insufficient setbacks from exist- ing bulkhead and from highwater areas along midway inlet and Hog Neck Bay. 70 Cedar Point Drive, Southold; Cedar Beach Park Map, part of Lots 152 and 110. The Chairman read the legal notice and application for the record. CHAIP~N GOEHRINGER: I have a copy of a survey prepared by Howard Young. The most recent date is January 12, 1987; indicating the proposed dwelling approximately 23 feet from the dilapidated bulk- head, 19.3 feet from the dilapidated bulkhead leading into the in- let which is silted over; 15.5 feet from the east property line. And its closest point without the bu!khead, !14.6 feet. And I~ha~e a copy of the Suffolk County Tax Map indicating this and surround- ing properties in the area. The lot I was mentioning was lot 110. It is contiguous to and part of lot 152. Ms. Moore would you like to be heard? P. M00R[~ESQ.:The variance application was corrected to reflect that there is no need for a height variance. That it does meet the re- quirements. I have an aerial photograph that will assist and at least see what we're talking about. The property is right here and the developed area is here. The applicants are clearly faced with practical difficulties in meeting the 75 foot wetland ordinance. As you can see from the survey prepared by Young & Young dated Jan- uary 12, 1987, this property a buts water on two sides. And as you can see from the aerial, along Little Peconic Bay and along the pond, the proximity to the water to the proposed construction, necessi- tates this variance. First, the variance request is not substan- tial in relation to the requirements. The property is bulkheaded along Little Peconic Bay and I have a letter which I'd like to pre- sent for the record. It was prepared as part of the Environmental Assessment Form by Thomas Cramer from Cramer and ¥00rhi$ when the trustee application was submitted. It does have very relevant in- formation with respect to the property and does answer some of the questions that you may have from the County Health Agency. The one that sent that letter. It will answer some of the questions that I believe may develop. So I'd like to submit that as exhibit "A". The environmental concerns were fully addressed by the 80ard of I rustees on both the Environmental Assessment Form and by way of the public hearings and the decision. The area along the waterfront has been completely built up as you can see from the aerial photograph. There will be some opposition or there has been some opposition with this property and I question the remarks because the property .... The entire area has been built up and landscaped and lived in. It's not virgin territory. The proposed construction will be in line with the Blair property which is across from the Inlet and it's set further back than many of the older homes in that area. And I think that the aerial photo- graph shows that very well and I do have some photographs that I was there recently after the staking. I have the first photograph Page 2 ~ May 2m1987 Public ~{earing~Peter and Barbara Herz Southold Town Board of Appeals MS. MOORE: Continued that I was there recently after the staking. I have the first photograph that shows this stake. It's a very thin stake but you can see that. across the inlet is the Blair property. Again, there's the other stake at the corner and the Blair property across the way. The property in the back, the pond, which you can see from the: Herz property toward the back of the pond. You can also see that the area around the pond is developed with grass growing down to the water. CHAItlMAN GOEHRINGER: ~en you're referring to the Blair house, you're referring' to .... MS. MOORE: Excuse me. Blair is across from the home over here. It's across from the inlet. This is a better photograph. ~I can't take credit for this one~ Brian Shore is here today. He's the architect. And if you have any questions, he'd be answering them (I hope) for you. He took these very good pictures. CHAIRMAN GOEHRINGER: You're referring to the Blair house as which house? MS. MOORE: Yes. It is that house. I believe that the house and the cottage are both the same property.but I really couldn't go on the property to make a 100% inspection. The property in the back looks out onto the pond. And as I said before, the entire proper- ty is bulkheaded and you can see that there is a substantial beach in front of the bulkheaded property. There's another one of my photographs. You can tell who is who here. CHAIRlkAN GOEHRINGER: You must have taken them on the same day I was down there. MS. MOORE: Probably. Crummy day. The construction of a single family home was approved by the truste~'after a hearing. And as I said, a detailed Environmental Assessment Form was prepared and submitted and yeu have that. Part of that that I submitted for the record now. And you should have received the Environmental Assessment Form from the La~d~.~gency. So it should be part of the record. They determined, based on inspections and all the same facts that are before you today, that any environmental effects can be mitigated and construction was approved. The house ~$ an elaborate design and I have Mr. Shore who can answer any ques- tions you have, any structural questions you might have or concerns. CHAIRMAN GOEHRINGER: We don't have any structural. We don't dis- cuss structural, but we have plenty of questions on setbacks. MS. MOORE: Alright. Fine. I believe that there will be no sub- stantial change produced in the character of the neighborhood or substantial detriment to adjoining properties since the area is already developed. No effect will be created on population densi- ty and government facilities. The setback that you have a problem w~th, the difficulty there is meeting the 75 foot setback. It can not be obviated in any way. We have the cesspool location. It was Page 3 - May 21, ~87 Public Hearing -~ter and Barbara Herz Southold Town Board of Appeals MS. MOORE Continued: taken by the Health Department, 100 feet from the pond, 100 feet from the Bay, 100 feet from the adjacent property owner and 100 feet from the well. At least 100 feet. The well, if you... CHAIR~N GOEHRINGER: Can't the well be put on the back piece of property? MS. MOORE: That is where the well is put. CHAIrmAN GOEHRINGER: That's no problem? So the house can be put closer to the cesspool. MS. MOORE: No. Let me show you the survey. The well is up here. The well from the cesspool has to be 100 feet. But the 100 feet, the cesspool also has to be 100 feet from the pond. CHAIRMAN GOEHRII~GER: This is the cesspool? ~iS. MOORE: That's right. At least 100 feet, the cesspool has to be from the pond. You explained this very well to me. Uhy don't you explain the location of the cesspool and the problems with it. ~4R. SHORE: In essence, the only location, legal location, for the cesspool or sanitary system on this property is the one located and approved by the Suffolk County Department of Health. They've asked the well to be located up there. Presumably, to get as far away from the Bay, saltwater intrusion of the wells and so forth. We have that noted on a Health Department approval map. By virtue of a sanitary system being down there, in essence, the only rea- sonable place to place a house is in this particular location. This plot is very unique, of course, because it is bisected by '~ ~ the pond ~and~ i it has frontage on Little Peconic Bay. There is no place, in essence, for a sanitary system to be placed on the (I guess) northerly section of this lot up by the street because we would ncroach on the 100 foot. CHAIR~N GOEHRINGER: Now I understand that-But why can't the house be moved back closer to the sanitary system if the well is going to be way back here? MR. SHORE: Why can't the house be moved back to the sanitary sys- tem. I think that according to the Health Department requirements, d~stances. The physical distance of the septic tank to the house is 10 feet exactly. The whole system would be, this is sha]]0wwell situation, which the sha]]0w well is about 40 to 43 feet. That's approximately what's shown here. If I move the house back, I have to move the system back. The system now encroaches on the 100 feet to the surface water. So we're kind of locked in this situation. CHAIR~LAN GOEHRINGER: We have a problem. MR. [[$$ARD : Could I address the Board as to what lot test well number one and nun~oer two are on? What the results were. Page 4 - May 2~ 1987 Public Hearin~Peter and Barbara Eerz Southold Town B-~ard of Appeals MR. LE$$ARD : Could I address the Board as to what lot test well number one and number two are on? What the results were. Was it good water? Was it bad? MS. MOORE: No. It was good water but they suggested that testing be redone prior to reconstruction. So it was adequate~to give a C.O. and Health Department approval. They understand that that would be a requirement. This property is bulkheaded. So you're not talking about unbu]kheaded property. CHAIRb~N GOEHRINGER: Has any investigation been done to the pond that it's going to be opened at all? MS. MOOi~E: Actually, there has been some rumblings about dredging the inlet. However, in that letter that I submitted to you, the consultant questions the intelligence of opgning the inlet and the enviromental effect it would have. Because of some .... He states it very well in that letter and I suggest that you read the para- graphs. He suggests~ that opening the inlet may have some Environ- mental impact on the pond. The fact that the inlet is dredged, questionably whether it will be dredged or not, I don't think it is going to be an issue here because they may or may not get ap- proval from the D.E.C. which is what my consultant suggested that the D.E.C. may not be willing to because of the ar§uments ~ he made in the assessment form. MR. DOYEN : There's no flow of water through that inlet? CHAIRI;~AN GOEHRINGER: No. It's sealed up. MS. MOORE: It's completely sea]ed. It's been like that since '67. CONVERSATION BETWEEN MS. MOORE, CHAIR~,LAN GOEHRINGER AND UNIDENTIFIED SPEAKER OCCURRED SIMULTANEOUSLY RESULTING II~ UNDECIPHERABLE COMMENTS. MEMBER DOYEN: Is that freshwater down there? CHAIRMAN: It's brackish. MR. LESSARD : The house across the way, I went over there and watched the water flow through it. MS. MOORE: It did flow through. Ok. MR. LESSARD : It's not very deep but enough to get a row boat over there,. Yes ma'am. MS. MOORE: I guess the records he had available to him in '67) said that had been filled in. Now what the extent of the filling is .... yOU know. CHAI~,~N GOEHRINGER: I can either question you about this and tell you what are feelings are or what are preliminary feelings are or I can allow Mr. Cr0~ to discuss the issue first. Whatever you choose is better. MS. MOORE: I'd rather deal with your comments first and then it may eliminate Mr. Cron's comments. Page 5 May 21,t87 Public Hearing -l~eter and Barbara Southgld Town Board of Appeals Herz CHAIRMAN GOEHRINGER: We've had several applications of this nature. And what we've done is, we have asked the property owner, because we don't care who the agent is, to go back and redraw the house and to give us a house that more uniquely conforms to this particular piece of property. The most recent one was the Grasso. application on Soundview Avenue in Peconic. Mr. Grasso... MS. MOORE: Is that (excuse me) on Sound Avenue? CHAIRMAN GOEHRII~GER: That's on Soundview Avenue and Great Pond. In that particular application we had Mr. Denis -Donald Denis - redraw the house three times before we finally got the proper setbacks we could live with on this application. So I would ask you to do that, to give us the maximum value in reference to dis- tance to the dilapidated bulkhead on the west side and to position the house back as far as you possibly can without encroaching or placing the house over the sanitary system. Ok? And that's the first thing I'll ask you. The second thing; you'll have to tell us what you intend to do with the bulkhead. Are you intending to enhance the bulkhead .... MOORE: Yes. CIIAIRMAN GOEHRINGER: .... and taking that dilapidated effect away? MS. MOORE: In the front along the Peconic Bay. CHAIRMAN GOEHRINGER: Not on theother one? MS. MOORE: If there's no dredging, there's no need for bulkhead over there. It's a contained system. CHAIRb~N GOEHRINGER: Because the actual later part of the dilapi- dated wooded bulkhead really doesn't even exist any more. The one I am saying is to the west. MS. MOORE: It's been covered over by the sand. CHAIRMAN GOEHRINGER: As you know, uniquely, it's not even there. MS. MOORE: I think when you read the Environmental Assessment Form comments, I believe that the consultant says that although it's not there in the best condition, that it does have a certain effect on retaining the ground and so on. CIIAIRI~N GOEHRINGER: And the other question is, are you intending to construct the tieback of that bulkhead along the inlet that does not exist any more past the house to protect this from a storm situation, hurricane situation or whatever the case might be? MS. MOORE: I'm not sure about that one. Page 6 - May 2i1987 Public Hearing~Peter and Barbara Herz Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Are you going to go from here past the house when you .... You're not going to do anything with this bulkhead? ThatUs the first thin~ you said you weren't going to do. That's the bulkhead on the west side. MS. MOORE: I don't know about the bulkhead on this side. It may not structurally need to be reconstruct~d~4. It certainly does need supports and things like that during construction. You're not going to fix the bulkhead until you start building the house. So they made a choice there. CHAIP~N GOEHRINGER: So you're not anticipating going from here? MS. MOORE: I believe the bulkhead on the west side, I don't think. CHAIRMAN GOEHRINGER: There will be no retaining wall? MS. MOORE: I don't think they feel whoever they consulted with believed ~t structural purposes of their home. it's necessary that, was ' necessary for the CHAIR/~AN GOEHRINGER: Ok. So the first thing you're going to do is you're going to attempt to redraw the house and push it back as far as you possible can without destroying .... MR. 8RI^N SHOR5 : May I address that? I appreciate your com- ments and I agree with you that the house should respond to the site. I felt that in many ways, I've done that. I'd like to point ou~ that for the Board, by scale .... CHAIRMAN GOEHRI~'GER: By the way, I'm not degrading your... MR. SHOR£ : No. No. I appreciate that. I'd like to point out to the Board that by scale, we're talking about a roughly 65 feet between the bulkhead and the be§~nn~n~ of the sanitary syste~ that I have to work with. That's what I have worked with'. The site is very narrow. At its widest point, it's 90 feet and that tapers back and the further north I go, the narrower it gets. CHAIP~N GOEHRINGER:Can't the sanitary system be placed closer to the property line, to the east property line? MS. MOORE: No. My guess is that the adjacent cesspool to the well, the location there was put really ,... Seeing all the ]~e$ when I received the survey, indicates to me that they really took all points into consideration. CHAIRMAN GOEHRINGER: Ok. Maybe you can get us a copy of that figure. Because I tell you, I'm talking about the workup that the Suffolk County Health Department did. The first thing to question, is they probably did it... Charlie Brigham does an excellent job in putting the arcs in and I'd like to see those arcs. I'd like to see if that sanitary system can't be pushed closer to the east property line so that we can get more distance b~ck. That's one thing. Page 7 - May 21, 7 Public Hearing - and Barbara Herz Southold Town Board of Appeals ~R. SHORE : By pushing that east .... MS. MOORE: How do you get it back? SHORE : ..... how do you get it back? ! d0n't understand. CHAIRb~N GOEHRINGER: Well, it's going to push it farther away from the pond which will allow it (probably) to go back a lit- tle bit farther. MR. SHORE : You're talking about a few feet perhaps. 0k. I understand° I just didn't understand° CHAIR~.~N GOEHRINGER: Is there anyway of changing the location, the physical plan of the house so as not to take away from the character of the house? MR. SHORE : No question. This house has been through... Before it got to this Board, this house has been through several births and rebirths. But again, the physical contraints, it's .~ very easy to design a house to a site because the physical con- straints are so rigid that we don't have a lot of options. And the fewer options you have, the easier it is to make a decision. So by virture of the fact that the sanitary has to be where it is,where th ~rfacewater is, where the well has to be, puts this house locates this house in this specific location. If we're talking about a matter of manipulating the sanitary system so that we can push the house 2, 3, 4, 5, feet, whatever mathematically we can increase, I have ab- solutely and I'm sure my client have no problem with that at all. If we're talking about trying to conform or trying to take a 35 and make it 50 feet or 60 feet or 70 feet, it makes the plot virtually unbuildable. CHAI~.~N GOEHRINGER: Well, it really doesn't because there's a great possibility that you might have potable water up in front which would mean you... MR. SHORE : You mean on the Bay side? CHAIP~AN GOEHRINGER: ...could reverse the whole system and put the cesspool system all the way down the back and pump the sewage the other way. MS. MOORE: Let me suggest to you, that you don't buy a 300 thousand dollar lot to put your house in the back end. CHAIRb~N GOEHRINGER: I agree with you Pat. But I think you have to understand that you are far ahead of the dwelling next to you and I understand your environmental problems. Page 8 - May 1987 Public Hearing - Peter and Barbara Herz Southold Town Board of Appeals MR. SHORE: I'd just like to address something here. I don't think, and I think I can demonstrate to the Board that there is enough room on the northerly side or the street side to develop a house and a sanitary system that's going to be a sanitary system that's going to be 100 feet away from the surface water, unless you're on the street~ I don't know what the setback requirements are for sanitary, off the front property line. I think it's five feet.' MR. LESSARD: Seven and one-half feet. MR. SHORE: I don't think that's going to happen. I don't think it's a reasonable alternative. Market issues aside. CHAIRMAN GOEHRINGER: Ok. So what's the first thing you're going to do for us? MR. SHORE : Well, the first thing we'd like to .... CHAIRMAN GOEHRINGER: I use to be a teacher. MR. SHORE : What we'd like to do then or I think what we should do is explore through the Health Department how much we can squeeze this sanitary system Upo And again, maybe through Young's Office, develop a mathematical model if you will based on the con- figuration of this or a similiar house, how far north we can slide this. But I don't anticipate significant gains in that. CHAI~%~N GOEHRINGER: Then let's talk about how far you can push it over to the east property line. Can you go ten feet as opposed to fifteen or five to give us the maximum benefit from the possi- bility that that inlet actually has. ~. SHORE : Although I did locate it, and I know five feet is not significant in the field... CHAIR~kN GOEHRINGER: No. Not five. Ten. MR. SHORE : The point I'm making is that there is a dwel- ling to the east and I wanted to get it as far away. It's as if we had the buffer of the inlet. MS. MOORE: As far as the dredging of the inlet, I did speak to Bill Price who represents Mr. Blair, the property across the way. And Mr. Blair would possibly agree with the people who want to dredge. That if they were to dredge, they could move it over five feet onto his property. Because he felt that he would l~ke to see that area dredged. Taking aside all the environmental concerns and all the Board of how they would react. But even if they got all the Boards approvals, they would be willing to move the whole dredging operation of the canal over five feet. I can tell you right now that Mr. Herz was not very thrilled about having the dredging. He has been opposed to that all along. So my guess is, that no mat- ter what happens, it's going to end being moved five feet. So in a sense, it's going to be creating a greater side yard setback or side yard from the inlet to the house. So if you are considering the future dredging operation, they're taking this figure in mind, they're considering moving it over. Page 9 - May 21, 37 P~blic Hearing - and Barbara Herz Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Ok. But we're really not taking that into consideration. We're taking in for consideration the total amount of usable property that actually e×ist$ - where the footprint of the house are going to be placed and that's what we're concerned about. So, you'll come back to us at the next regularly scheduled meeting with whatever you... MS. MOORE: That or we can... Would you want to do that or do you want to close the meeting and ..... CHAIRMAN GOEHRINGER: No we don't want to close the meeting~because we may go through three redrafts before we're happy-- MS. MOORE: Then I might come back here? MR. SHOR[ : I haven0 problem with that. I have a problem with that. But again, I think the first round should be to es- tablish mathematically and perhaps in more precise terms and gain a few feet in terms of setbacks. CHAIILMAN GOEHRINGER: Definitely. MR. SHORE : I have no problem with that at all. CHAIRMAN GOEHRINGER: And I would decrease it t0- ten~n %he east side. MRo SHORE : The side yard setback° In other words, put the fifteen on the... CHAIR>MN GOEHRINGER: Make it 11 because it never ends up ten any- way. It ends up 9.6 and guess where you are again. MR. SHORE : Well, no. We try to avoid that. Sometimes it works. MR. kS$$ARD : If I may see the chair sir. I believe when the Chairman read out the initial application, he said 2½ stories. Please keep in mind that in the Type 5 zoning you're allowed two stories. MR. $HORE : Yes. But I believe we're a]]0weda certain per- centage of that third level, a half story as habitable space. A certain percentage. MR. LESSARD : In the Type 5? MR. LESSARD : I don't know. MR. LESSARD : It's a maximum two-story out of wood. If you want to take and develop a non-combustible, the leeway is there for two and a half. I know that you're restricted to start with but I don't want you to go home and beat your brains out and then come back and say,"sorry." Page 10 - May ~ 1987 Public Hearing~Peter and Barbara Herz Southold Town Board of Appeals MR. SHORE : I appreciate what you're saying. CHAIRMAN GOEHRINGER: We thank you for your comments° MS. MOORE: Are you going to have this current speaker? Should we stay here and respond? CHAIRMAN GOEHRINGER: It's entirely up to what Mr. Cron like to do. would J. CRON,ESQ: Well, I'd like to know what the status of the appli- cation is. Is J.t being amended? Is it being rejected? Because I'm going to feed this out into the presses. CHAIRMAN GOEHRINGER: ..... we had an application of similiar sequence. Not quite as unique as this one, to be honest with you. And we gave the person an option. We said that, legally we know you're allowed to build on this property~but we're not happy with the setbacks. And we can deny this application or you can come back and redraft it. And it's your option. And they said, we'll come back and redraft it and that's basically where we are at this point. I think it would be counter productive to be honest with you, at this point, to deal with everything as it exists at this point because we're not happy with it. So it's an exercise in futility on your part. MR. CRON :: Would you be representing them Mr. Chairman, that as the application now stands, the Board would deny it? CHAIRMAN GOEHRINGER: That is correct. MR. CRON :: Then the only observations I would make, I will limit them considerably. I have the same obviously... By the CHAIRMAN GOEHRINGER:/ way,i should say, I would deny it. I have no idea what these gentlemen would do... MR. CRON :: Well, I think for the record then, I should put: some of what I had to say on the record. I'll make it short. Ba- sically the Board and my client see eye to eye as concerns with this piece of property, ~, that there have been other approvals. these are really not binding to anything you have to determine as far as area variance is concerned. One of the problems we have is that they're asking for a complex architectural design~ This property is just not compatible With--~hath~ey.a~ep~opQs~g-~ Es- sentially, the house was designed for a variance. There was ab- solutely no attempt to design a house which would meet all the requirements. I would also suggest that really the property is not all that unique. The house is really what the problem is. The house is unique. In this particular case you're dealing with a structure that's approximately 126 feet long, 103 feet long. If you look at the site plan just to make a couple of observations, the decks in question here are 52 feet long. The house itself is only 31 foot long. I would suggest that if you eliminate the 12 foot deck o, you eliminate the perpendicular 40 foot deck and move the car port and the house back to where the 40 foot deck ends which is about 126 feet, Page 11 - May 21,~]~987 Public Hearing - ~er and Barbara Herz Southold Town Board of Appeals Mr. Cro n, Continued W 'th you would have a 75 foot setback./lexactly the same house and carport. The problem, obviously, would be then the sewage, septic system which could be moved back and obviously closer to the line. I don't think that area has been pursued at.all. Es- sentially, this Board has been presented with something that re- quires (immediately) a variance rather than try to attempt to build what they want without a variance. We are therefore, op- posed on those grounds and also given the considerations the Board has raised, approving this application as it has been pro- posed to the Board. CHAIRMAN GOEHRINGER: Interesting point you brought up Mr. Cron. And that is we are in hopes that they shrink the width of the house from 53 feet to thereby give us more distance from whatever that inlet is,aSmay exist or may not exist or whatever the case may be . That's all I can see. MR. CRON The other problem I have .0bvi0us]y the decks are out proportion to anything that could be built on this property. They're almost twice as wide as the house is. Like I said, the proposal basically was one that required a variance from concep- tion. There's been no attempt to try to build something compati- ble. I'll rest with that. of CHAIRMAN GOEHRINGER: Thank you. Sir. MR. SHORE: May I respond to that? The decks that they refer to; there are decks to the Bay side, the south side of the house. The small deck to the north side, however, there's a rather long ramp that connects grade to what I refer to as entry level on the plan. That's a narrow runway if you will getting from grade up to entry level. CHAIRMAN GOEHRINGER: Does that go to the top of the carport? Is that where that goes? MR. SHORE: Yes. CHAIRMAN GOEHRINGER: So it goes from grade level to one story house. MR. SHORE: One story up. And candidly, we have designe~ the house and I've done a few homes on the water, to take advantage of the view and that's why my clients purchased the property. And by put- ting the living room, dining room, kitchen area up on the upper level and the bedrooms (children's bedrooms in particular) below, they get the enhancement of that view. I~ow, so what we're looking at, and also referred to as a deck I believe is a ramp to take up from grade to entry point. By eliminating that nar- row ramp does not move the house a foot. There is no option of moving the house back to where the ramp starts because that puts the house on top of the sanitary system which is a relatively fixed issue. Again, perfectly willing and anxious to see how the Health Department and a site engineer can help us relocate this house I'd be happy to approach my clients in terms of reducing the w~dth. I have no problem with redesign. But the Page 12 - May 21,~987 Public Hearing - ~er and Barbara Herz Southold Town Board of Appeals ~IR. SHORE: Continued house in terms of width, wants to take advantage of the view and can't be run perpendicular against the property. Again, because of the location of that sanitary system and we will do whatever we can to accomodate the Board's wishes. CHAIR~AN GOEHRINGER: Once we see that arc effected, it's done by (I believe) a Mr. Brigham, we will then look at the proposal in tot0 ~ after the first redraft, we.may either call Mr. Brigham or Mr. ~eynolds or whom ever is out in Riverhead that is doing this particular one and ask them if it can't be flipped with its sanitary system and well. So don't think-that's really ~n our realm. I mean, that we don't want to do it because it takes their time and ou~ time. We would rather have you do it. 14R. SHORE: Hopefully, I'll be happy to have that inf0rmat~0, for you. CHAI~4AN GOEHRII~GER: Ok. We thank you. rlearing no further ques- tions, I'll make a motion recessing the hearing until the next regularly scheduled meeting. Ail in favor - AYE. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 7~5-180g APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI June 10, 1987 Mr. Royal R. Reynolds, P.E. Suffolk County Health Department County Center Riverhead, NY ll901 Re: Property of Peter and Barbara Herz Co. Tax Map ID #1000-90-02-11 & 13 (27,450± sq. ft.) Location: Hog Neck Bay and Midway Inlet, Southold South Side of Cedar Point Drive (13.1 Dear Mr. Reynolds: We have an application pending at this time concerning placement of a new dwelling as shown on the attached survey prepared January 12, 1987 by Young & Young, L.S. This application involves a variance from the minimum 75-ft. setback requirement from tidal wetlands or water. We have received information from the applicant indicat- ing that by locating the water well and sewage systems, the dwelling is forced to be closer to the Bay waters, and that the Health Department approval has been rendered (as well as certain other arc data during your reviews). May we ask that you furnish copies of your approval or conditional action, and whether or not an alternative location (even slight) would be possible by your agency? The hearing on this matter has been scheduled to reconvene on June 18th. We will in the interim try to contact you by telephone. Thank you for your assistance. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski LEFFE~TS P. EDSDN RUDOLPH h.B~UER June 5, 1987 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Herz, Peter and Barbara Dear Mr. Goehringer: Enclosed please find a copy of a letter dated June 2, 1987 which I received from Herbert W. Davids regarding the issues raised at the hearing on May 21, 1987. Mr. Davids will be present at the continued Zoning Board hearing scheduled for June 18, 1987, therefore, please review the enclosed information and advise me if there is any other information you would like regarding the health department file. Very truly yours, Patricia C. Moore Attorney-at-Law PCM/cas Enc. H. W. DA VlDS ASSOCIATES P.O. BOX 931, SOUTHOLD, NEW YORK 11971 (516) 765-5599 (516) 727-7640 Jane 2, 1987 Pat Moore Attorney at Law c/o RuSolpB Bruer Ma~n Ro~d Southold, New Yo~k llq71 He: Cesspool (S) and Well Location for Property of Peter mud Barbara Werz. Cedar Point Drive East, Southold Dear Pat: The nroposed well and cesspool (.q) locations C~nnot be changed for the following reasons: ~ 1. Well must be located near road, s~nce ~eighbor to east ham exi~tin~ well next to the road and cesspools located on the rear portion of h~s lot. 2. Well deptB is 1 nmted due to n~tural salt wa~ter ~ntr-sio~. Therefore, ~ell has to be located no~th of cesspool (up~radient of ground water flow)o 3. Cesopool systems consist oe fiv~ shallow ooola which is ~equired by the Healt~ Dep~rtm~nt due to bigh ~round water condition~. 4. Health Department requires that all cesspools be ke~t a minimum of 100 feet from surface water to the west and the bulkhead to the south. (Th-re ix no other location on th~s lot where th~s re~uirad minimum distance can Be obtained from both su~fac~ waters. 5. Th~ cesapool system c~uld ~e sh~ fted 5 feet to the e~st, maintaining the 5 foot m~nimumbetween the outer edge of the nearest cesspool to tBe property line. T~is w~uld not accomplish anythin~ except possibly uosetting the neighbor t~ the east. Sincerely, Herbert W. Davids HWO/gpd t#.Oj~ · TITLE NO. T 1281 rE.E) .... r EAST ~reo= 2~4~ sq fl + ~--' ..... ' SU~Y FOR sUFFOL~ COUH~ DEPART~E~ OF ~TH ~RVI~E~ PETER HERZ ~ BAR8~RA HERZ LOT ilo AND ~RT OF LOTS 109 ~ 152~ "CEDAR BEACH PARK" daN. I~ 1987 FOR ~pPROV~L OF CO~TRU~IOH O~tY AT BAYVIEW DATE: a~N. 15, 198~ ~WN ~ SOUTHOLD SC~kE: F': 4O' OA~E .... ~ REF. NO. SUFFO~ COUNTY. NEW ~ NO. 81-798 ~ ~UTN~IZEO ALTE~TI~ OR AODITION ~ ~1~ GUARANTEED TO: ~pPROVED NEW ~RK S~aTE E~CAT~ L~W T~ TITLE GUARANTEE COMPANY HE~ DEPARTMENT-DATA ~ ~R~ ~ C~STRUCT ~ ~ ~R WH~ THE SU~EY IS YOUNG YOUNG ~D~I~I~ ~ FILEC INTHE OFFICE OFTHE CLERK OF SUFFOLK COUNTY ~D/N W.~NG, PROFE~IONAL ENGINEER DEC. ~0, l~7 Aa FILE N~ 90. AND ~ND SURVEYOR N.Y.S. UCENSE NO. 12845 HOWARD W. YOUNG~ LAND SURVEYOR ~E ~ FIE~ ~TI~S ~ OR OATA OITN~O F~ OTHER S ?ELEDYN~$T N01779 COUNTY OF SUFFOLK Michael Lo Grande SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT Mr. Gerard P. Goehringer~ Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: April 14, 1987 STANLEY A. PAUZER Regarding your request for our assessment of Appeal No. 3543 - PETER AND BARBARA MERZ~ please be advised that a site inspection was conducted on April 13, 1987. A few factors were noted during the site inspection which may interest you. Predominant vegetation at the proposed dwelling site is American beachgrass. This plant is an excellent erosion control plant for sites which are in close proximity to tidal waters and which have coarse sand or droughty soils. American beachgrass is~ however~ extremely vulnerable to physical damage. Therefore~ site disturbance should be minimized and a revegetating plan should be prepared. Soil borings at the proposed dwelling site revealed coarse sand fill from 0-24 inches depth~ silty sand fill from 24-36 inches~ very fine loam and silt from 36-48 inches, and coarse sand from 48-60 inches below the surface. Ground water was found at approximately 60 inches below the surface. The layer of very fine loam and silt, at depth 36-48 inches~ could restrict soil permeability and adversly affect the dwellingts septic system. Installation of drainage rings below the fine loam and silt layer would place the rings in close proximity to the ground water table. Therefore~ specific require~nents should be formulated regarding the placement of the septic system. If you require any additional information please feel free to contact our office. Sincerely~ Thomas J. McMahon~ Senior District Technician RIVERHEAD, NEW YORK 11901 DEPARTMENT OF HEALTh SERVICES COUNTY 9F:S..UFFOLK I~ Michael A. LoGrande June 19, 1987 DAVID HARRIS. M.D., M.P,H. Gerald P. Goehringer Chairman Southold Town Board of Appeals Main Road State Road 25 Southold, N.Y. 11971 Property of Herz SCTM# 1000-90-02-11 & 13 Formerly H.D.Ref.~ 12-SO-03 Dear Mr. Goehringer: I am in receipt of your letter dated June 10, 1987 concerning the above referenced property. Please note that the permit for construction of the sewage disposal system and water supply well is outdated. It will be neces- sary for the applicant to reapply. Prior to further review, the high water mark should be clarified and test well resampled. A water supply plan should also be included which shows how water will be supplied from over 300 feet from the dwelling. Concerning the house location, it is the responsibility of the applicant to present a plan which addresses the concerns of the Town and County. It seems possible to change the configuration of the proposed dwelling and configuration of the sewage'disposal system ~o effectuate greater distances from surface waters. Very truly yours, RRR: lj r Royal R. Reynolds, P.E. Sr. Public Health Engineer Bureau of Wastewater Management 548-3312 "it should be nord thor since this property is IocetedXi~ an ogricutturol / oreo, tho po~sibi,t~y X~,xi~ts dmt the , : ~ '.. woter supply r.~y ~1~lr~ troc~ anoJy~isTEM I K ~quired. this ~rtment ~' /~-/~ /V~ ~ ~ _..:, SU~Y FOR LOT I10 ~D ~RTOFLOTS 109 & ~52, "CEDAR ~ACH PARK" SUFFOLK COUNTY, NEW YORK NO, al-?ge ~ R~AD E  AND ~0 SURVEYOR N Y$ UCEN~E NO ~845 N,~S. LICENSE NO.45895 ' I,l. OJ .~l~f~ -- ' pOINT w~rtn · - '~'~%' C~/~o~~ ~ ~ ~ ~ /' ~SE FLOOD EL=8.0 ~~.. LOT I10 ~N D ~RT OF LOTS 109 & I~, "~EO~ ~ ~E~H P~R~" [0~ ~PIOV~ O~ ~ION ON[~ xOV ~ co, smg~D TO ~ A VAL~ o *~u ~ copy I ~ARANTEEI ~I~TE0 HE~ON HE~ D~ARTMENT-DATA ~ A~R~ ~ C~5TRUCT ~ ~ ~R wN~ THE SU~EY IS PREPAREO* 0~ ~ ~0~ ~OWN ~0~. ~ H~TH I~l~l. TO EXlSTINi ITnUC~REI ME FOrt A SPECIFIC PUR~SE .YOUNG aYOUNG~DERAVENU[ RIVER~AD~ NEW YORK ELEVATIOM S~N ~US:/~S/ ~E REFEEK[O ~ UEAN ~E~ LEVEL. ~q AND ~ND SURVEYOR N.Y.S. UCENSE NO. I Z845 ~ ~ HOWARD W. YOUNG, LAND SURVEYOR ~ ~ C~ ~ KLIII,~IC TAKIS~I C[~U(~) ~ ~l~ ~ ~ N.Y.S. LICENSE N0.45893 MOORE & MOORE Attorneys at Law Suite 3, Clause Commons Main Road, P.O. Box 23 Mattituck, New York 11952 SOUTHOLD TOWN ZONING BOARD OF APPEALS In the Matter of the Application of DR. AND MRS. HERZ MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE FOR DR. AND MRS. HERZ Dated: March 17, 1988 By: Patricia C. Moore SOUTHOLD TOWN ZONING BOARD OF APPEALS In the Matter of the Application of DR. AND MRS. HERZ MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE FOR DR. AND MRS. HERZ CHRONOLOGY Dr. and Mrs. Herz are the owners of a piece of property located on Cedar Drive East at Bayview, Southold, New York with Suffolk County Tax Map designation district 1000, section 90, block 2, lots 11 & 13. Dr. and Mrs. Herz purchased this property in 1982. In July 1986 Dr. and Mrs. Herz submitted an application for a building permit for the construction of a single family home on their property. The Building Department issued a Notice of Disapproval for the requested permit on the grounds that variances would be required pursuant to $outhold Town Code section 100-119.2 (variance by ZBA within 75 ft. of wetland) and 97-13(3) (trustees approval required). In July, 1986 Dr. and Mrs. Herz submitted an application to the Southold Town Trustees for the wetlands permit for the proposed construction within 75 ft. of wetlands. At that time the applicants submitted a letter dated October 2, 1981 from the New York State Department of Environmental Conservation (DEC) stating that no permit was required from the DEC since the property is completely bulkheaded. On March 27, 1987 The Southold Town Trustees granted Dr. and Mrs. Herz a permit to construct their residence on the subject property. The Suffolk County Department of Health Services granted approval for construction of the proposed residence on October 4, 1987. HISTORY OF APPLICATION BEFORE SOUTHOLD ZONING BOARD OF APPEALS The proposed location of the house necessitates review by the Southold Town Zoning Board of Appeals pursuant to the southold Town Code section 100-119.2 as the proposed construction is within 75 ft. of tidal waters. May 21, 1987 Dr. and Mrs. Herz appeared before the Zoning Board with a survey dated January 12, 1987 for the purpose of requesting the necessary variances for the proposed residence. At that hearing questions were raised in an effort to determine if the proposed dwelling could be "pulled back" on the property away from the southerly property line along Little Peconic Bay. At that time Dr. and Mrs. Herz were requested to go back and redraw the house in such a way as to give "the maximum value in reference to distance to the dilapidated bulkhead on the west side (along Midway Inlet) and to position the house back as far as you possibly can without encroaching or placing the house over the sanitary system." In addition the board asked to see if the sanitary system could be pushed closer to the easterly property line thereby enabling the house to be pulled back to the north. Thus, The Zoning Board made the following requests of the applicant at the May 21, 1987 meeting: 1. That the setback on the easterly line be reduced from 15 to 10 feet to thereby increase the setback on the westerly property line and to "pull back" the house from Little Peconic Bay and the southerly property line. 2. That the applicants revised the layout for the sanitary system by relocating it on the northerly portion of the property. The hearing was recessed to June 18, 1987. At that time the applicants introduced Mr. Herbert Davids, a professional engineer and former director of the Suffolk County Health Department. Mr. Davids appeared to respond to the questions with respect to the placement of the sanitary system. Mr. Davids explained that the sanitary system could be shifted to the east 5 ft. but doing so would not really accomplish anything. He also noted that the well must be located near the road for practical reasons in that this was the only location to obtain fresh water and that such well location is dictated by the existing well to the east (DeLeo) which is also located up by the road. It was Mr. Davids professional opinion that this cesspool could not be located any closer to the pond at the rear of the property. At this hearing a survey by Young and Young dated June 16, 1987 was submitted showing the relocation of the house to a side yard setback of 10 ft. from the easterly side in accordance with the Boards May 21, 1987 request thereby increasing the westerly side yard to 19 ft. along the former inlet and increasing the set back from the bulk head on the southerly line to, at its nearest point 30 ft. In response to the Zoning Boards request to consider a revised layout moving the sewage disposal system to the northerly portion of the property, Herb Davids submitted such a revised layout to the Health Department for 12, 1987. This proposed layout was Health in its notice of December 15, its consideration on December rejected by the Department of 1987. (see attached Exhibit A) The Health Department then established the layout of the proposed sanitary system as shown on the survey dated June 29, 1987 which was approved by the Health Department October 4, 1987 as the system which would be acceptable to the department. With the mandated location of the sanitary system as approved by the Health Department, the only other method by which to reduce the necessary variance for the proposed house was for Dr. and Mrs. Herz to go back to the architect once again and have him scale down, to the extent possible, the size of the house. This has been done and the house has been scaled down from 53 ft. in width to 50 ft. in width. The applicant is willing to apportion the increased side yards created by such a reduction in any manner which the board would prefer ie. increasing the easterly side yard from 10 ft. to 13 ft.; increasing the westerly side yard from 19 ft. to 22 ft. or splitting the difference 4 between the two. STANDARD OF REVIEW FOR AREA VARIANCES "PRACTICAL DIFFICULTIES" It is a well established rule that an area variance is founded upon a showing of practical difficulties. What constitutes a practical difficulty is clearly a lesser standard than the unnecessary hardship required to justify the use variance. In Waschberber v. Michalis, 19 MISC 2d 909, 191 NYS 2d, 621 (1969) the following matters should be considered where applicant seeks an area variance: 1. the 2. How substantial a variance is in relationship to requirement; The effect, if the variance is allowed, of the increased population density thus produced on available governmental facilities; 3. Whether substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties created; 4. Whether the difficulty can be obviated by some method, feasible for the applicant to pursue other than a variance; 5. Whether in view of the matter in which the difficulty arose and in consideration of all the above factors the interest of justice will be served by allowing the variance. Practical difficulty is established when an applicant shows 5 that, as a result of the literal application of the zoning ordinance, he can not make reasonable use of his land due to its peculiar size, shape, or grade.1 In the particular circumstances before this board, Dr. and Mrs. Herz are faced with the requirements imposed by the Suffolk County of Health Services with respect to the proposed sanitary systems for single family dwellings. The location of this property and its proximity to the Little Peconic Bay and an open area of water to the rear of the parcel coupled with the location of the well and sanitary systems of adjoining property owners dictates the location of the proposed system on the Herz property. Simply stated, any proposed house for this property must be located after the sanitary system location is set is located on this property the therefore established. forth. Once the sanitary system location of the house is Furthermore, it is impossible for the applicant to satisfy the 75 ft. setback mandated by the Southold Town Zoning Ordinance section 100-119.2. The front of the proposed house is 75 ft. from the bulkhead. It is clear therefore that the applicant is entitled to a variance as a matter of right and law because he is unable to comply with the setback in any way. When the requirements of the Suffolk County Health Department are considered with the 75 ft. setback applied in its literal application, the property is rendered unusable. 1 Anderson, New York Zoning Law and Practice, 3rd ed. section 23.35 Variance in Relationship to Requirement 1. The location of the proposed house requires a substantial variance from the requirement. However, the unique size and shape of this property make such a variance necessary. The 75 ft. setback line from the high water mark (bulkhead) is located where the front of the house must be situated in light of the requirements of the Suffolk County Department of Health Services. In other words, the entire dwelling must be located within the normal 75 ft. setback. Since the entire house must be located with the setback area, the variance in relation to the requirement is substantial. However, the variance requested is not unreasonable. The proposed house is only 31 ft. in width, 50 ft. in length thereby establishing a building envelope for the house of 1550 sq. ft. together with a 12 ft. wide above ground deck along the rear of the house which is elevated 19 ft. to the entry level (main floor). Though the variance is substantial the relation to the requirement is reasonable given the unique characteristics of the property and location limitations. Effect on Governmental Facilities 2. The second criteria in granting an area variance is to consider the effect if the variance is allowed of the increased population density produced on available governmental facilities. This property is located in the residential-agricultural zone and a single family residence as proposed will have no population impact upon governmental facilities. 7 Character of the Neighborhood 3. The board should consider whether the requested variance will created a substantial change in the character of the neighborhood or a substantial detriment to adjoining property owners. As indicated above the proposed house must be located on this property to conform with the Health Department criteria which are established to protect the health and welfare of all property owners in an area where private water and sanitary systems prevail. The construction of any home on property previously undeveloped will have an impact on adjoining properties. Strict compliance with the standard of the Suffolk County Department of Health are required to insure that there is no substantial detriment to an adjoining property owner. If the requested variance is not granted the applicant is forced to seek a variance from the Suffolk County Health Department standards, the very detriment sought to be prevented may well occur ie. risking the health and welfare of adjoining property owners and their water supplies. Given the unique shape of this property and its proximity to the Bay and surface water to the rear of the property the house must be located where proposed. This will have an impact on the adjoining property owner in that a peripheral view of the bay will be obscured by the house. However, the adjoining property owner continues to have an unobstructed waterfront view, which in any event, is not cloaked with any rights for that owner. In other words, you are not guaranteed a particular view from your property. Furthermore, as 8 shown on the areal photograph (Exhibit B) all of the homes along the bay are similarly situated as the proposed dwelling so that the character of the neighborhood will not be impacted. Cannot Obviate Difficulty Without a Variance 4. In considering whether an area variance should be granted the Zoning Board should examine whether there are any means feasible for the applicant to pursue other than a variance to obviate the difficulty. Again, given the unique location, size and shape of this property and its proximity to the waters the property is rendered unusable unless the variances requested are granted. There simply is no other means by which to construct a single family residence on the property without a variance. Interest of Justice Served By Allowin~ the Variance 5. After considering all of the above factors in determining whether an area variance is justified, the board must consider whether the interest of justice will be served by allowing the variance. Taking this proposition in the reverse, it would be an injustice to deny the requested variance. Without this variance the property is rendered unusable. Under the circumstances it is entirely just and proper for the Zoning Board of Appeals to grant the necessary area variances for an applicant to utilize the property in a reasonable manner. Town to enable them to erect the proposed single CONCLUSION Dr. and Mrs. Herz respectfully request that the Southold Zoning Board of Appeals grant the necessary area variances family residence. 9 SUFFOL I UNT¥ DEPARTM£Nt OF .EALt. SER :S "I~ASTEWATER MANAGEMENT SECTION COUNTY CENTER, ROOM N-204 RIVERHEAD, NEW YORK 11901 [] [] NOTICE OF NON-CONFORMANCE RESIDENTIAL /o~. ~,~X q~/ IREF. NO.: Th~s application ~s no~ being p~ocessed for approval as subm~ed because conform with the standards and requirements of the Suffolk County Sanitary Code as indicated below: 1.~he installation of a subsurface sewage disposal system(s) is not permitted when: ~Th~ropo~d S~e~~ss than 100 feet from neighboring well(s); proposed well; ~su~fac~-waters and/or wetlan~p ~The existing subsoils on the site contain meadow mat, bog, silts, clays or other impervious materials which extend below the groundwater table or existing subsoils in the area are unsuitable for the proper functioning of the system. The groundwater or drainage conditions are unsuitable for the proper functioning of the system. The population density equivalent exceeds the limit of one single family residence per one-half acre and/or one acre. [] A public sewer system is available. 2. D The installation of a private water supply well is not permitted when: Fl A public water supply is available. [] The groundwater supply in the area is inadequate for individual water supply wells. [] The proposed well will be an insufficient distance from proposed or existing sewage disposal system{s). 3. ~ The parcel(s) being applied on are apparently part of a realty subdivision or development, as defined in Article 6 of the Suffolk County Sanitary Code, which has not been approved by the Department for the method of sewage disposal and water supply. Prior to further processing of the application, it will be necessary that the owners of the overall property file a realty subdivision or development map with this office. Application forms are enclosed. If this matter cannot be resolved, you may request a variance f~om these s~andards by applying to the Department's Board of Review {forms and instructions enclosed). Prior to applying to the Board of Review, the residential application must be completed. $.46~ 7 4.od 33.55' TEST HOLES p OiNT cEDAR DRIVE ~H. IVO. ' 7:HNO.£ N $7 °19 '15 "~ ' ' '. $5.55' 42.92 POND 88.82' TEST HOLES 0.0 LO 4.0 G.O 7 NOTE, · : LATH SET FIRM ZONE A-4 BASE FLOOD EL:80 Areo= 37,450 sq. ft.Z x SURVEY FOR PETER HERZ ~ BARBARA HERZ LOT I10 AND PARTOFLOTS 109 & 152,"CEDAR BEACH p~ AT BAYVIEW "(OWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK PART III ENVIRONMENTAL ASSESSMENT FORM FOR PETER AND BARBARA HERZ AT 170 CEDAR POINT DRIVE EAST SOUTHOLD In accordance with the rules and regulations of SEQRA, a Part III of the Environmental Assessment Form (EAF) has been prepared to more clearly address the Responses found within Part II of this EAF. A Part III is not considered as necessary, since none of the impacts are assumed to be large. However, because of the apparent attempt by the representative of some of the property owners to link this~roject with another, which could have significant impacts, this discussion is appropriate. The answers to questions 12 and 18 of Part II both relate to another project which will apparently seek to dredge an inlet adjacent to this subject parcel. In a letter dated August 28, 1986 from Mr. Richard J. Cron, Esq., of Cron and Cron, Cutchogue, it is apparent that the opposition to the construction of a residence is intended to promote or improve the chances of acceptance of the dredging proposal. CRAMER & VOORHIS ASSOCIATES Environmentltl and Pl&nning Consult~.nts Although to date, no applications have been filed for the dredging, one wonders how sincere the project is. Even'if an application was submitted, the two projects are separate. They have different sponsors; take place on different parcels; and have different impacts on the environment. Furthermore, the impacts associated with the dredging would be considered as significant on the environment and on adjoining parcels in particular; while the construction of the residence would have minimal, if any, impacts. As stated above, the opposition (question 18, Part II) is based on the preclusion of future recreational opportunities (question 12, Part II). While insuring that recreational opportunities are considered in the review process is important, it is also extremely important to consider the potential impacts of the recreational activity on the environment and on the surrounding property owners. The subject parcel has two areas of bulkheading. The southern bulkheaded area fronts on Little Peconic Bay 90.5 feet and extends back 40.5 feet along the closed Midway Inlet. This bulkheading is considered as functioning, erosion has occurred in the southwest corner where a board has been damaged. The northern area of bulkheading is dilapidated although it appears to be functioning to a limited degree. This area includes a one hundred foot section along Midway Inlet. The remaining portion of Midway Inlet (!50 feet) is unbulkheaded; furthermore, the wood jetty in the southwest property corner is for all intensive purposes non-existing. While the condition of the bulkheads do not effect the proposed construction of a residence as the parcel is stable, they do affect the dredging proposal. ~ldway Inl.et~is 30 feet wide and is presently filled to a height of 3 to 4 feet above sealevel. Current policy (NYSDEC) for dredging requires a minimal of a 1 one 3 side slope to avoid erosion. Given the width of the inlet, the height of existing fill, and the compliance with the given standards, the inlet could be dredged to only one foot below mean high water. Deeper dredging CRANiER & VOORHIS ASSOCIATES Environment~l ~nd Planning Consultants - 3 - would have the potential for significant erosion and damage to the adjoining properties and structures. The dredging could be carried out to a suitable depth for navagation, with minimal erosion hazard, if the inlet was rebulkheaded by the persons proposing the dredging. There are, however, other considerations and impacts. The dredge spoils sites are no longer existing. The spoil site to the west of the inlet has a house built on it and to the east is the subject of this application. The littoral drift, and movement of sand, in this area is from east to west. Considering this and the facts that the wood jetty to the east is non-functioning and the jetty to the west of the proposed inlet is functional, then it is obvious that sand will be deposited to the east of the west jetty; or that is, in the inlet. The inlet would not remain open or at the very least require constant maintenance dredging with no place to dispose of the spoil. Opening of the inlet would result in substantial biological and chemical changes to the pond, and thereby potential significant environn~ental impacts. The dredging would create a situation where the existing cesspools for the house to west would be within 100 feet of open water. Furthermore, it would create a situation that the lot on which the proposed structure is located would be unbuildable. Under the current situation, Suffolk County Department of Health Services setbacks, 100 feet from open water, are met or exceeded, and permits have been received. If the inlet was dredged, there would be open water within 80 feet or less on any portion of this lot. CRAMER & VOORHIS ASSOCIATES Environmental sad Planning Consultants A review of historic aerial photographs show no inlet existed at this location from 1969 to date. It is not known the exact date of the last opening. However, since the inlet has been closed a substantial period of time, the pond's ecosystem has adapted so that a reopening to the bay would significantly impact the pon~. The introduction of saltwater to a brackish system would alter the plant and animal communities existing. In addition, a navigable inlet would allow the intrusion of the activities and pollution associated with boat traffic. In regard to the other statements made and questions raised in the August 28th letter, we wish to make the following observations. It is recognized that the Town Trustees are not bound, nor should they be, by other agencies decisions. However, consideration is usually given to such approvals. An attempt has been made by persons to cast doubt on other agencies decisions where they relate to this application. 1. New York State Department of Environmental Conservation waived jurisdiction on the project as a result of a map review. It is important to be aware of the procedures of the DEC in making such determination for tidal wetlands. The DEC will request an application package_to be submitted which would include survey, project description, environmental assessment form and recent site photographs. This information is reviewed in conjunction with the State's Tidal Wetlands Maps. The maps and other submitted information is sufficient to make a determination as to whether DEC has jurisdiction on an application. 2. With regard to the DEC waiver predating the survey submitted with the Trustee application, this is true. However, when one considers the dates on both, certain facts are evident. There were only two months between the DEC waiver and the new shrvey. Given the time necessary to prepare a survey, it can be assumed CRAMER & VOORHIS ASSOCIATES Environment.~l and Planntng Consultan~ - 5 - that the field work, the waiver issuance. 3. Given that the significantly in six (6) for same, was conducted at the same time as site conditions have not changed years, since the 1982 survey, it is safe to assume that conditions were the same at the time of the waiver and survey. ~ 4. Consfdering the site conditions, there is only a limited area where construction may take place with no significant impacts. Aside from the potential impacts of locating the project on other areas of the site, there are also DEC and Suffolk County Department of Health Services regulations and policies which dictate where development can take place. These agencies have been consulted and the building area has been approved by both agencies. 5. The rules and regulations for the implementation of the State Tidal Wetlands Act allowed the State to issue a waiver. The bulkhead which is of principal concern is the functional one on the south property line. The bulkhead adjacent to the pond, while shown as dilapidated, is greater than 75 feet from the proposed residence. It is implied that the dilapidated and non- existing bulkheading along Midway Inlet, at the west property line, is a problem. However since the inlet is non-existant, and the area is uplands7 and was such when the waiver was issued, the argument is not relevant. CRAMER & VOORHIS ASSOCIATES Environments2 ~,nd Planning Consultants ORIVE EAST driveway pe]a~itted ~y part of se~,ag~ disposal See pi-~yosal for wa'¢er dated 9/~5/87, file PLEASE NOTE It is the applicant's responsibility to maintain adequate sanita~jo~istance between all water supply and sewage disposal facilities. DUE TO HIGH GROIJNDW~TER CONOITIOI~/PO~II S01L CONDITIONS, A GRADING ,AND DRAII~£ PI.A~'i tS ~ECOMMENDED PRIOR TO ~E I~ MAY BE REQUIRED;--- Ld $,C DEPT. OF ~,$~ FI.ooD ~'1.-' 8,0 ~,UFFOLK COUNTY DEPAI~rMENT SUl~tW FO~ PETER HERZ /~ BARBARA HERZ LOT II0 ~ ~RT o~ ~.O~S ,~ ~ ~a, "~,~ R ,~A~, ~.." ~ ~ S~TH~D ~: COUNTY OF SUFFOLK Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES Gerald P. goehringer Chairman Southold Town Board of Appeals Main Road State Road 25 Southold, N.Y. 11971 June 19, 1987 DAVID HARRIS, M.D.. M.P.H. Property of Herz SCTM# 1000-90-02-11 & 13 Formerly H.D.Ref.# 12-SO-03 Dear Mr. Goehringer: I am in receipt of your letter dated June 10, 1987 concerning the above referenced property. Please note that the permit for construction of the sewage disposal system and water supply well is outdated. It will be neces- sary for the applicant to reapply. Prior to further review, the high water mark should be clarified and test well resampled. A water supply plan should also be included which shows how water will be supplied from over 300 feet from the dwelling. RRR: lj r Concerning the house location, it is the responsibility of the applicant to present a plan which addresses the concerns of the Town and County. It seems possible to change the configuration of the proposed dwelling and configuration of the sewage disposal system to effectuate qreater distances from surface waters. Very truly yours, Royal R. Reynolds, P.E. Sr. Public Health Engineer Bureau of Wastewater Management 548-3312 ~ If,, DAlf]3~, PiBo .15 Za3&TZIII BLTTZ (SI&) 727-764e Pratt Institute, B.Ch.E., 1943 New York University, M.C.E., 1949 University of Illinois, Post Graduate American Public Health Association, Fellow New York Public Health Association American Waterworks Association New York Water Pollution Control Association Conference of Directors of Environmental Health of NYS (Past Chairman) Professional Engineer, New York State e e Extensive experience in environmental health management totaling 36 years of progressively responsible assignments with both Nassau and Suffolk Health Departments. Since 1953 has directed the environmental health progr-m- of the Suffolk County Department of Health (Services). Has directed staff of 120 professional and technical personnel engaged in broad spectrum of environmental regulatory program- in Suffolk County. Has been actively engaged in various environmental investigations and studies, including the comprehensive water supply, sewerage, solid waste and air pollution studies for Suffolk County. Has served on numerous special committees of the New York State Health Department formed to address statewide environmental problems. Authored several technical articles on the Long Island experience in water pollution control, including presentation of a paper at the first symposium of groundwater contamination in the United States. Served as commissioned officer in the Sanitary Corps, U.S. Medical Service, during World War II and again from 1950-1952, the latter tour in the Surgeon General's Office, Washington, D.C., in various planning assignments, including an accident prevention program for Army medical installations. Has served as a visiting lecturer in Marine Environmental Studies, graduate program, SUNY at Stony Brook and lecturer in water and sewage treatment plant operators program at NYS Agricultural and Technical College at Farmingdale, New York, and at the Suffolk Community College, Selden, New York. ~ecipient of the Engineer of the Year Award from Suffolk County Chapter, New York Society of Professional Engineers, and the Linn H. Enslow Memorial Award of the New York State Water Pollution Control Association. H. W. DA VIDS ASSOCIATES P.O. BOX 931, SOUTHOLD, NEW YORK 11971 (516) 765-5599 (516) 727-7640 June 2~ 1987 Pat ~oore Attorney at Law c/o Rudolph Bruer ~a~n Ro~d Southold, New Yo~k llqT1 Re: Cesspool (S) and Well Location for Property of Peter 8nd Barbara Werz, Cedar Point Drive East, Southold Dear Pat: The nroposed well aud cesspool (g) loaatinns c~r~n, ot be changed for the follow~ng reasons: 1. Well must be located near road, s~nce ~eighbor to east ha~ exi~tin~ well next to the ro~d and cesspools located on the rear portion of h~s lot. 2. Well depth is l~rmited due to n~tural salt wa]ret ~ntr sion. Therefore, ~ell bas t~ be locat-d no~th of cesspool (up~radient of ground water flo~). 3- Cesopool systems consist of five shallow nools which is ~equired by the Health Dep=rtm~nt due to high ground water condition~. 4. Health Department requires that all cesspools he kent a minimum of 100 feet from surface water to the west and the bulkhead to the south. (Th-re is no other location ~n th~s lot where th~s required minimum distance can he obtained from both surface waters. 5. Th- cesspool system c~uld he sh~ fred 5 feet to the e~st, maintaining the 5 foot m~nimumbetween the outer edge of the nearest cesspool to the property line. This w~uld not acconmllsh anythin~ except possibly uosettlng the neighbor t~ the east. Sincerely, Herbert W. IXtv-J_ds HW~/~pd COUNTY OF SUFFOLK ® Michael Lo Grande SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTR~CT Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: April 14, 1987 STANLEY A, PAUZER DISTRtCT MANAGER Regarding your request for our assessment of Appeal No. 3543 - PETER AND BARBARA HERZ~ please be advised that a site inspection was conducted on April 13, 1987. A few factors were noted during the site inspection which may interest you. Predominant vegetation at the proposed dwelling site is American beachgrass. This plant is an excellent erosion control plant for sites which are in close proximity to tidal waters and which have coarse sand or droughty soils. American beachgrass is~ however, extremely vulnerable to physical damage. Therefore~ site disturbance should be minimized and a revegetating plan should be prepared. Soil borings at the proposed dwelling site revealed coarse sand fill from 0-24 inches depth~ silty sand fill from 24-36 inches, very fine loam and silt from 36-48 inches, and coarse sand from 48-60 inches below the surface. Ground water was found at approximately 60 inches below the surface. The layer of very fine loam and silt~ at depth 36-48 inches, could restrict soil permeability and adversly affect the dwelling~s septic system. Installation of drainage rings below the fine loam and silt layer would place the rings in close proximity to the ground water table. Therefore, specific requirements should be formulated regarding the placement of the septic system. If you require any additional information please feel free to contact our office. Sincerely, Thomas J. McMahon~ Senior District Technician 127 EAST MAIN STREET RIVERHEAD. NEW YORK 11901 (516) 727-23 I 5 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD MEMBERS March 17, TELEPHONE (516) 765-1809 1988 GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S · E · Q . R · A . SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWlCKI Notice of Determination of Non-Significanc~ APPEAL NO.: 3543 PROJECT NAME: PETER AND BARBARA HERZ 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 have 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 [ ] DESCRIPTION OF ACTION:Locate new single-family dwelling with insufficient setbacks from existing bulkhead and from highwater areas LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 70 Cedar Point Dr., Southgld, NY 1000-90-2-13.1 REASON(S) SUPPORTING THIS DETE~qINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Information has been submitted by applicant or his agent indicating that the project will no~ involve the disturbance of wetlands grasses or areas subject to flooding which may be considered wetlands FOR FURTHER INF0~qATION, PLEASE CONTACT: Linda K~walsRi, 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. (3) The relief requested is a setback variance as regulated ~y Section 617.13, 6 NYCRR, SEQRA mc ATTORNEYSATLAW January 15, 1988 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski, Secretary Re: Appeal No. 3543-Herz Dear Linda: Please be advised that my clients request a postponement of their hearing presently scheduled for February 18, 1988, due to the impending birth of their child. We respectfully request that this hearing be scheduled on your March 10, 1988 agenda. Thank you for your consideration in this matter. Sincerely, . . / H. W. Davids Associates Richard J. Cron, Esq. December 14, 1987 ATTO R N EYS AT LAW Mr. Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall, Main Road Southold, New York 11971 Re: Appeal #3543 Herz, Peter and Barbara Dear Mr. Goehringer: I was advised that Mr. Cron has requested an adjournment of the continued hearing on the above-referenced matter. Dr. Herz has informed me that his wife is due to have their baby on or about February 18, 1988, the tentative date of the boards scheduled hearing. In light of the unavailability of the appellants for the February dated, we respectfully request that the hearing be scheduled for January 14, 1988. Thanking you in advance for your consideration in this matter. Very truly yours, ... _.. Patricia C. Moore PCM/cas cc: Dr. and Mrs. Peter Herz Mr. Brian Shore H.W. Davids Associates James Cron, Esq. Mark S. Kosak December 10, 1987 Town of Southold Zoning Board of Appeals Town Hall - Main Road Southold, NY 11971 Attn: Linda Kowalski Re: Herz A~lication Dear Sirs: Thank you for advising our office by telephone this morning that the Board has orally adjourned the captioned application, presently scheduled on tonight's agenda, pursuant to the request of Pat Moore, Esq., attorney for the applicant. Since it is our understanding that the mtter my be scheduled for January 14, 1988, or for the February, 1988 agenda, we would appreciate it if you would send ua notice of the date selected. Very truly yours, RJC:e cc: Mr. Severus S. DeLeo Edson & Bruer, Esqs. P.S. In light of the fact that I will be out of Town during the month of January, 1988, I should appreciate a date in or about mid-February for this matter to be again placed upon the Zoning Boar~f Appeals agenda. Thank you for your couresties extended./.~).~. Distribution List Hearings of March 17, 1988 Southold Town Board of Appeals Copies to the foll6wing on or about March 8, 1988: Suffolk Times (Personal Delivery 3/8) L.I. Traveler (Personal Delivery 3/8) Charles R. Cuddy, Esq. (for Maynard) 180 Old Country Road, Box 1547, Riverhead, NY ll901 Mr. and Mrs. Robert Staron, Waterview Drive, Southold, NY 11971 Mr. and Mrs. Ernest G. Robinson, 223 Diane Place, Paramus, NJ 07652 Mr. Garrett A. Strang, R.A. as Agent for Robert Clemens Box 1412, Southold, NY 11971 Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 Patricia C. Moore, Esq., Box 23, Main Road, Mattituck, NY 11971 Attorneys for Mr. and Mrs. Peter Herz Richard J. Cron, Esq., Cron & Cron, Main Road, Cutchogue, NY 11935 ......................................... IIS44 Stephen R. Angel, Esq. as Attorney for Jon C. Kerbs Esseks, Hefter & Angel, Box 279, Riverhead, Mr. Jon C. Kerbs, Box 525, Greenport, NY 11944 NY 11901 The Cove at Southold, Inc., 5044 Expressway Drive South,-Ronkonk6ma 11779 Others: Mr. Robert Thompson and Mrs. Jean Dickinson Thompson P.O. Box 309, Southold, NY 11971 James Bitses, Esq., Main Road, Southold, NY 11971 Mr. and Mrs. Wesley R. Dickinson, Bayview Road, Southold, NY 11971 Mr. David Gunselman, Hiawathas Path, Southold, NY 11971 Mrs. Robert W. Greene, Main Bayview Road, Southold, NY 11971 Laughing Waters Property Owners Assn., Inc., Box 20, Southold, NY 11971 Mrs. V. Gifford, Box 312, Southold, NY 11971 Mr. Bud Young, Private Road off Main Bayview Road, Southold, NY 11971 Southold Town Trustee Office Southold Town Building Inspectors Office Town ~11 Bulletin Board (lobby) Individual ZBA files Individual Board Members with related info from file __ Block (}2- Lot 17. Zone District: ~vith insufficient set]~ from Legal Hotices "B-l.'l ; existing bulkhead W from . , , ,i ~- .7:~O~l[n. Appl. No. 3691 - I highwa~,'~eas ~lbng~'Adway · ' . !,b~.~'! ':~ HO~N~ Variance to L. Inlet and Hog N~/r. kB~y, prem- , . '. ~., ', the Zoning Os~tasa~, Article - U? ]mow~ as 70' Ced~ Point NoTiC~oF,~iD~ ' { HI, Section 100-~2 ami Article I Drive, Southold, NY; Cedar ~'~ ~ ,; , .Iii, Section 100;119~2 for permis- NOTICE IS .~ ~BY / Beach Park Map, Part of Lots sion to locate inground swim- / 152 and 110, County Tax Map GIVEN'lmrsUanttoSecti°lr267 mingpeol with decks and fence [ Parcel No. 1000-90-02-13.1. ~,~ 8:40 p.m. Appl. No. 3561 - of the Town Law and the Code of the Town of Seuthold, the follow- ing hearings will he held by the SOUTHOLD TOWN BOARD OF APPEALS, at a Regular Meeting at the Southold Town Hall, Main Read, Southold, New York, on THURSDAY, DE- CEMBER 10, 1987 at the fol- lowing times: 7:30 p.m. Appl. No. 3566 - THEODOSE TRATAROS and ERAKLIS APODIACOS. Variance to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of insufficient lot area of prop- osed Parcel #1 in this pending set-off division of land located along the south side of the Main Road, and extending along the east side of Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 5, Lot 3, containing a total area of 3.262 acres. 7:35 p.m. AppL No. 3694 - THERESA CZECH. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of the construction of open deck with an insufficient rearyard setback from the east property line at premises known as 150 Goldin Lane, Seuthold, NY; County Tax Map District 1000, Section 135, Block 2, LOt 19. 7:40 p.m. Appl. No. 3695 - HENRY J. SMITH & SON. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80(B) for permission to con- struct truck-storage building in this "C-Light Industrial" Zoning District at premises known as 2470 Peconic Lane, Peconic, NY; County Tax Map District 1000, Section 74, Block 2, Lot 19.1. 7:45 p.m. Appl. No., 3689 - PETER AND DIANE LUHRS. Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) for permission to con- struct addition for a repair sta- tion in conjunction with Special Exception Permit #3161 re- nderod October 11, 1983, at premises known as 45845 North Road, Seuthold, NY; County Tax Map District 1000, Section 55, enclosure landward of existing dwelling in the front yard and within 100 feet of the Long Is- land Sound, at premises known as 855 Seundview Avenue, Mat- tituck, NY; County Tax Map District 1000, Section 94, Block 01, LOt O7. 8:05 p.m. AppL No. 3696 - RICHARD NABS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, South- old, NY; County Tax Map Dis- trict 1000, Section 56, Block 5, Lot 25. 8:10 p.m. Appl. No. 3676 - ANTHONY ROBUSTELLI; Variances to the Zoning Or- diannce, Articles: (a) III, Section 100-31 as to insufficient rear yard and side yard, and (b) XL Section 100-119.2 as to insuffi: cient setback from bulkhead and ordinary highwater mark, and (c) III, Section 100-31 as to ex- cessive lot coverage, for the proposed construction of a deck addition, at promises known as 5 Haywators Road, Cutchogue, NY; Lot 23 and part of 22, Peconic Bay Properties; County Tax Map District 1000, Section 111, Block 1, Lots 19 and 18. 8:15 p.m. Appl. No. 3671 - ANDRE AND THOMAS CYBULSKI. Variance to the Zoning Ordinance, Article III, Section 100-30A for permission to utilize premises for beok-pub- lishing operations, wholesale book storage, and updated 280-A approval over the existing pri- vate right-of-way for such use. Zone District: "A" Residential and Agricultural. Location of Property: West Side Depot Lane, Cutohogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and 8:25 p.m. Appl. No. 3543 - PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to 1o- te new single-family dwelling Zoning Ordinance, Articles: (a) XI, Section 100-119.2 for permis- sion to locate dwelling with a setback of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) III, Section 100- 31, for permission to locate dwelling with an insutrlcient frontyard setback, at premises known as 704 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block The Board of Appeals will hear at said time and place all persons or representatives desir- lng to he heard in each of the above matters. Each hearing will not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: November 18, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary 5789-1TD3 Principal Clerk lis DOROTHY L. ROBERTSON. tenso Variances to the Zoning Ordi- of Groonport, in nance, Article III, Section 100- uly sworn, says that he/she is 31, Bulk Schedule, for approval of the insufficient lot area of two IE SUFFOLK TIMES, a Weekly proposed parcels in this pending - Greenport, in the Town set-offdivision of land with fron- 8(I at rage along the south side of~ of Suffolk and State of New North View Drive, the east side of Private Read and the north otice of which the annexed is side of South View Drive. Orient,. been regularly published in NY; County Tax Map District 1000, Section13, Block1, Lot10. rice eech week for 8:55 p.m. Appl. No. 3686 - 3 DIANE commencing on the FREDERICK AND to the ember 19 87 RAYMES. Variances _ NOTICE OF HEARING~ NOTICE IS HEREBY GIV- EN, pursuant 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, Sonthold, NY on THURSDAY~ DECEMBER 10~ 198'/ at the following times: 7:30 p.m. Appl. No. 3566- THEODOSE TRATAROS AND ERAKLIS APODIACOS. Variance to .the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of insufficient lot. area of. proposed Parcel No. I in this pendin~ set-off division of land located along the south side of the Main Road, and extending along the east side of Wiggin. s Lane, Greenport, NY; County 2hx Map Dis{rict 1000, Section 35, Block 5, Lot 3, containing a total area of 3.262 acres. 7:35 p.m. Appl. No. 3694- THERESA CZECH. Variance to the Zoning ordinance, Arfi-' cie Ill, Section 100-31, Bulk Schedule, for approval o.f the construction of open deck with an insufficient rearyard setback from the east property l!ne at premises known as 150 Goldin Lane, Southold, NY; County 'Fox Map Di~h~ct i.?~0, ,~,;;:iOn 135, Block 2, Lot 19. 7:40 p.m. AppL No. 3695- HENRY J. SMITH & SON. Special Exception to the Zoning Ordinance, Article VIii, Section 100-80(B) for permission to con- struct true. k-storage building in this "C-Light Industrial" Zon- ing District at premises known as 2740 Peconic Lane, Peeonie, NY; County Tax Map District 1000, Section 74, Block 2, Lot · 19.1. 7:45 p.m. Appl. No. 3689- PETER AND DIAN]E EUHR$. Special Exception to the Zoning Ordinance, Article VII, Section 100-70(B) for permission to con- struct addition for a repair sta- tion in conjunction with Special Exception Permit No. 3161 rendered October 11, 1983, at premises known as 45845 North Road, Southold, NY; County Tax Map District 1000, Section 55, Block 02, Lot 17. Zone District: "B-I." 7:50 p.m. Appl No. 3691- HOSNY SELIM. Variance to the Zoning Ordinance, Article Ill, Section 100-32 and Article XI, Section 100-119.2 for per- mission to Iocat~ inground swain§ pool ~ deeks and fen~L~nclosu re landward of ex- isting dwelling in the front yard and within 100 feet of the Long Island Sound, at premises known as 855 Soundview Avenue, Mattituck, NY; Coun- ty lhx Map District 10~0, Sec- tion 94, Block 01, Lot 07. 8:05 p.m. AppL No. 3696- RICHARD NASS. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal, at premises known as 50 Willow Point Road, Southold, NY: County Tax Map District 1000, Section 56, Block 5, Lot 25. 8:10 p.m. Appl. No. 3676- AN- THONY ROBUSTELLI. Variances to the Zoning Or- dinance, Articles: (a) III, Section 100-31 as to insufficient rear yard and side yard, and (b) XI, Section 100-119.2 as to insuffi- cient setback from bulkhead and ordinary highwater mark, and (c) Ill, Section .100-31 as to excessive lot coverage, for the proposed construction of a deck addition, at premises known as 5 Haywaters Road, Cutchogue, NY; Lot 23 and part of 22, Peconic Bay Properties; Coun- ty Tax Map District 1000, Sec- tion 111, Block 1, Lots 19and 18. · 8:15 p.m. Appl. No. 3671- ANDRE AND THOMA.R CYBULSKI. Variance to the Zoning Ordinance, Article ,111, Section 100-30A for permission to utilize premises for book- publishing operations, wholesale book storage, and updated 280-A approval over the existing private right-of-way for such use. Zone District: "A" Residen- tial and Agricultural. Location . of Property: West Side Depot Lane, Cutchogue, NY; District 1000, Section 96, Block 5, Lot 1.2 and part of 1.1. t 8:25 p.m. Appl. No. 3543- \ PETER AND BARBARA HERZ. Variances to the Zoning Ordinance, Article XI, Section 100-119.2 for purmissiOn to locate new single-family dwell- / lng with insufficient setbacks/ from existing bulkhead and(t from highwater areas along ~ Midway lnlet and Hog Neck ~ Bay, premises known as 't0 ~ Cedar Point Drive, Southold, ~ NY; Cedar Beach Park Map, \ Part of Lots 152 and 110, Court- ly Tax Map Parcel No. 1000-90-02-13.1. 8:40 p.m. Appl. No. 3561- DOROTHY L. ROBERTSON. Variance, to the Zoning Or- dinance, Article ltl S&ction 100-31, Bulk for ap- proval of the insufficient lot ama of two proposed par~ls in this pending set-off division of land with frontage along the south side of North View Drive, the east side of PfivateRoad and the north side of South View Drive, Orient, NY; County Tax Map, District 1000, Section 13, Block ' I, LOt 10. 8:55 p.m. Appl No. 3686- · FREDERICK AND DIANE ~Variances to the Zon- ing Ordinance, Articles: (a) XI, Section 100-119.2 for permigsion to locat~ dwdling with a s~thack of less than 75 feet from existing bulkhead along Gull Pond Inlet, (b) Ill, Section 100-31, for per- mission to locate dwelling with an insufficient frontyard set- back, at premises known as 704 Wiggins Lane, Gr~nport, NY; County 'Pax Map District 1000, Section 35, Block 4, LOt 19. The Board of Appeals will henr at said time and place all persons or rep~sentativea desir- ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subjeet hearing. For more information, please call 765-1809.. Dated: N~vemher 18, 1987 BY ORDER OF THE S.OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda K0walski, Board Secretary IT-12/3/87(15) COUNTY OF SUFFOLK SS: 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, commencing on the ...................... Sworn to before me this . '~ day of .,. ....... Notary Public BARBARA FORBES l~otAr~ Public, StAte of New York i%. dl/068~ Qualified in Suffolk C~unty Commission Expire$~ ?, / 19 ~ Page 4 - Legal Notice Mailing List Southold Town Board of Appeals Regular Meeting - December 10, 1987 Copies Ma~led On or About 12/1/87 to: Mrs. Elizabeth Pantelis, 5804 Mr. H. Stabile, P.O. Box 245, Mrs. Dinos Zervos, Orient, NY Seventh Avenue, Brooklyn, East Marion, NY 11939 11957 NY 11220 Mrs. Theresa Czech, 4 Goldin Lane, Southold, NY 11971 Mr. Henry J. Smith, Henry J. Smi~ & Son, Main Road, Southold, NY 11971 Mr. 6nd Mrs. Peter Luhrs, ll30 Soundview Avenue, Southold, NY 11971 Mr. Hosny Selim, 671 Vandam Street, North Woodmere, NY 11581 Dino Rossini, Esq., 151 Hempstead Turnpike, West Hempstead, NY 11552 Mr. Ronald Stritzler, 51 Stirrup Lane, Roslyn Heights, NY 11577 (Re: Selim) Mr. John Bertani, 1380 Oakwood Drive, Southold, NY 11971 (Re: Nass) Mr. Anthony Robustelli, 48 Revere Road, Manhasset, NY ll030 Abigail A. Wickham, Esq., Box 1424, Mattituck, NY 11952 (Re: Mr. Steven C. Fuchs, 4 Knoll Top Road, Stony Brook, NY 11790 Rudolph H.. Bruer, Esq., Main Road, Southold, NY 11971 Cybul ski ) Patricia C. Moore, Esq., Edson & Bruer, Main Road, Southold, NY 11971 (as Attorney for Peter and Barbara Herz) Richard J. Cron, Esq., Cron & Cron, Main Road, Cutchogue, NY 11971 J. Kevin McLau~hlin, Esq., Box 803, Greenport, NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold 11971 (Attorney for D.Robertson) Mr. and Mrs. Frederick Raymes, 24 Woodlot Lane, Huntington, NY 11743 NOTICE OF HEARI~NR~ NOTICE IS HE GIVEN, pursuant to Section of the Town Law and the Code of the Town of Southold, tho follow- ing public hearings will be held by the I~OUTHOLD TOWN BOARD OF APPEAL-q at a Regular Meeting at the Southold Town Hall, Main Eo~d, South- . old, New York, on THURS- DAY, JUNE IS, 1987, at the fol- lowing times: 7:36 p.m. Appl. No. 3605 - TED DOWD. Variance for Ap- proval of Access pursuant to New York Town Law, Section zoo-~, over a private right-of- way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suf- folk County Tax Map as District 1000, Section 56, Block 1, Lot 5.1 (5), containing 7.3 ± acres. 7:40 p.m. AppL No. 3632 - Re- hearing on Amended Applica- tion of NORTH FORK EARLY LEARNING CENTER. Vari- ance to the Zoning Ordinance, Article II1, Section 100-30(Al to permit the establishment of a Day. Care Center, at premises referred to as the Veterans Community Center, north side of Pike Street; east side of Wick- ham Avenue, and south side of Hill Street, Mattituck. NY; County Tax Map Pa.'el ID No. 1000-140-2-39, containing 1.75 -+ acres· 7:45 p.m. Appl. No. 3637 - C. KAPOTES AND A. HOMA- YUNI. Variance to the Zoning Ordinance, Article 111, Section 100-31 (100.32) for permission to construct deck addition to dwell- lng with an insufficient front- yard setback from Soundview Avenue. Location of Property: East side of Goldin Avenue and south side of Seundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135.2-22. 7:50 p.m. Appl. No. 3641 - BRE~r AND JANET KEHL. Variance to the Zonin~ Ordi* hence, Article Ill, Section 100- 32(A) for approval of the con- struction of an accessory build- ing with height in excess of maximum 18-feet, or in the al- ternative, Article III, Section 100-31iA) for permission to con- strict addition to dwelling with an insufficient sideyard setback. Location of Property: 5500 Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-4.32. 7:55 p.m. App]. No. 3634 - RICHARD F, MUI.L~N, JR. Variance to the Zoning Ordi- nance, Article XI, Section 100. IIg. I(A) for permission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Seuthold, NY; County Tax Map District 1000, Section 62, Block 3, Lot 19. 8:05 p.m. App,. l~o. a4'12'as )FNEWYORK ) Amended - WILLIAM ) SS: MOORE AND BENJAMIN HERZWEIG. Variances to the Y OF SUFFOLK Zoning Ordinance, Articles: ia) sufficient setback item weL, d Wi l 1 lams of Greanport, in area, and lb) Ill, Section 100-31 for an insufficient frontyard set- ,nil/, being duly sworn, says that ha/she is back, for a prOposed slngle-fam- I Clark of THF SUFFOLK TIMES, a ily dwelling structure at prem- ises known as 675 Meadow ~or, publishod at Groenport, in the Town Lane, Mattituck Estates Map #4453, Lot #42, Mattitock, NY; ,old, County of Suffolk and State of New County Tax Map District 1000, d that the Notice of which the annexed is Section 115, Block 05, Lot 007, i copy, has been regularly published in conta ning .51 +- acre. 8*20 pm. Appl. No. ~.~ ~spaper once each weak for . IRWIN ' AND SO~ on ' THOMPSON. ITo be rec - ~ccessively. commencing on the ~ l th ] vened) ~ ~. June ~9 8? 8AWICKL Variance for prOval of insufficient width of Principal Clerk three parcels in this pending Minor Subdivision, each having bm~o re m a th is ,/_'~C~L~,:7 a minimum lot ar e a o f ~tO~ ,:O~Onor~lt ~ - Tax Map parcel ID No. 1000-51- 3-~2.1, containing 15 *- acres. 8:50 p.m. Appl. blo. 3625 - PuDGE CORP. Resolution concluding hvaring. INu oral teastimony.) 855 p.m. Appl. No. 3038 - JAMES AND MARY TYLER Special Exception modifying Anpl, No. 3400 to permit vehicle d~ors facing street side as con- structed in this establishment of a public garage under Article VII, Section 100-701B)14] of the Zoning Code. Location of prop- arty: 6795 Main Road, Laurel, NYI Mattituck ldolding Co. Minor Subdivision Lot #3; County Tax Map District t0(lO, Section 125, Block 1, Lot 19.6. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time al- lotted. Written cornment~ may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: May 21, 1987. " BY ORDER OF TI tg soUTHOLD TOWN BOARD OF AP1 EALS GERARD P. GOEHRINGER, CHAIRMAN l,inda l{owalski, lT,Jll-5625 w ICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the _S.O~.U.THOLD~ .TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY, on THURSDAY, JUNE 1.8, 19~ at the io~io~in8 times: 7:35 p.m. Appl, No. 3605- TED D_._O__W_D... Variance for Ap- proval of Access pursuant to New York Town Law, Section 280-a, over a pri~'ate right-of- way located off the north side of the Main Road, Southold, and extending to the applicant's premises, identified on the Suf- folk County Tax Map as District 1000, Section 56, Block I, Lot 5.1 (5), containing 7.3+ acres. 7:40 p.m. Appl. No. 3632. Rehearing on Amended Ap- plication of EARby _ J:~.~A. R__NING ~ENTF~L Variance to the Zon- ing Ordinance, Article 111, Sec, tion 100-30(A) to permit the establishment of a Day-Care Center, at promises referred to as the Veterans Community Center, north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mat- tituck, NY; County Tax Map Parcel ID No. 1000-140-2-39, containing 1.75+ acres. 7:45 p.m. Appl. No. 3637-_.~. .[~_ AND A. .HOMAYUN.I~ Variance to the Zoning Ordinance, Article Ill, Section 100-31 (100-32) for per- mission to construct deck addi- tion to dwelling with an insuf~ ficient frontyard setback from. Soundview Avenue. Location oL Property: East side of Goldin-, Avenue and south side of Soundview Avenue, Southold, NY; County Tax Map Parcel ID No. 1000-135.2-22. 7:50 p.m. AppL No. 3641. BRETT AND JANE_T~T KEHL. Variance to tile Zoning Or- dinance, Article Ill, Section 100-32(A) for approval of the construction of an accessory building with height in encess of maximum 18-feet, or in the alternative, Article Ill, Section 100-31lA) for permission to con- struct addition to dwelling with an insufficient sideyard setback, Location of Property: 5500 Main Bayview Road, Southold, NY; County 'Pax Map Parcel ID No. 1000-78-4-32. 7:55 p.m. Appl. No. ~634- CHARD F, MULLEN R. Variance to the Zoning Or- dinance, Article Xl, Section 100-119.1 (A) for taermission to erect fencing in the frontyard area with a maximum height of six feet. Location of Property: East Side of Cottage Place, Southold, NY; County Tax Map District 1000, Section 62, Block 3, Lot 19. COUNTY OF SUFFOLK ss: STATE OF NEW YORK 8:05 p.m, Appl. No. 3412 as Amended..W. ikLiAMMOORE dng duly sworn, says that she is the ~N HERZ- G ISLAND TRAVELER-WATCHMAN, WEIG. variances to the zoning )tinted at Southold, in Suffolk County; Ordinance, Articles: (a) XI, Sec- tion 100-119.2foraninsufficiem ,f which the annexed is a printed copy, setback from wetlands area, and in said I_ong Island Trav~er-Watchman (b) 111, Section 100-31 for an in. sufficient frontyard setback, for ......................... weeks a proposed single-family dwell- ing structure at premises known cingon the as 675 Meadow Lane, Mattituck ...................... Estates Map No, 4453, Lot No. 42. Mattituck, NY; County Tax .%~... ..... ] 9 Map District 1000, Section 115, Block 05, Lot 007, containing =..~: ....... .51± acre. . ................. : ......... 8:20 p.m. AppL No. 3629- l~ff~' ,WIN AND SONDRA ~FIOM PSO,~: (To be ~,R~onvened). % ~e this ....... ' ....... 8:30 p.m. Appl. No. 3543-] ..... day HERZ. (To be reconvened). ~ , 1 9 ..... ~ 8:40 p.m. Appl. No. 3640':"- ....... FRANK AND EDITH .SAWICKI. Variance for ap- proval of insufficient width of three parcels in this pending Minor Subdivision, each having' a minimum lot area of 80,000 sq: ft. Location of Property: north side of C.R. 48 (a/k/a North Road), Southold, NY; County Tax Map Parcel ID No. I000-5[-3-12.1, containing 15± acres. 8:50 p.m. Appl. No. 3625- PUDGE CORP. Resolution concluding hearing. (No oral testimony.) 8:55 p.m. AppL No, 3638- J.AMES AND MARY TYLER. Special ~Exception modifying Appl No. 3400 to permit vehicle doors facing street side as constructed in 1his establishment of a public garage ' under Article VII, Section 100-70{B)[4] of the Zoning Code. Location of Property: 6795 Main Road, Laurel, NY; Mattituck Holding Co. Minor Subdivision Lot No. 3; County Ta:~ Map District 1000, Section 125, Block 1, Lot 19.6. The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above matters. Each hearing will not start before the time allot- ted. Written comments may be submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: May 21, 1987 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Einda Kowalski, Board Secretary IT-6/II/87(9) Notary Public BARBARA FOR BIS Notary t'tit,'ie, Et;.te .: !lc:, Vork Clmmfi~;si.rl E~.[;be:.* d~7 J/ ld ~)'~" Southold Town Board of Appeals ROAD- STATE RDAD ~5 SQUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed of the public a copy of the Watchman, Inc. herewith as confirmation of the time and date hearing concerning your recent application is Legal Notice as published in the L.I. Traveler- and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel fre'e to call our office, 765-1809. Yours very ~1~, ~ G'ERARD"?. 'GOEHR~NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk NOTICE OF HEARINGS 8:00 p.m. File No. 3529 - NOTICE IS HEREBY~kRWIN AND SONDRA GIVEN, pursuant to Section 267~IOMPSON. Varianc~ .to !~h.e of the Town Law and the Code of ~oning Ordinance, Article vi, the Town ofsouthold, thefollow- Section 100-62(E) and Article tag public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, South- old, Ne~ York, on THURS- DAY, MAY 21, 1987, at the fol- lowing times: 7:35 p.m. File No. 3624 - ER- NEST TARMIN. Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to construct accessory struc- tures with a setback of less than 100 feet from bluff/bank along the Long Island Sound. Location of Property: Right-of-way off the north side of Main Road, Orient, NY; County Tax Map Parcel ID No. 1000-14-2-1.1. 7:40 p.m. File No. 3625 - PUDGE CORP. Special Excep- tion to the Zoning Ordinance, Article VIII, Section 100-80{B) for permission to constrl~ct one- story "mini-storage" buildings in this "C-Light" Industrial Zon- ing District. Location of Prop- erty: East Side of Horton's Lane, Southold, NY; County Tax Map Parcel ID No. 1000-63-01-10, 7:45 p.m. File No. 3626 - NORTH FORK EARLY LEARNING CENTER. Special Exception to the Zoning Ordi- nance, Article III, Section 100- 30(B)I3I for permission to estab- lish private Inurseryl school [or, day-care center], as a nonprofit', organization, at premises refer- red to as the "Veterans Commu- nity Center," north side of Pike Street, east side of Wickham Av- enue, and south side of Hill Street, Mattituck, NY; County Tax Map Par~:el ID No. 1000-~ 140-2-39. VII, Section 100-71, for approval of an insufficient sideyard set- back to an existing structure and proposed new structure re- suiting from an alteration in the location of lot line of abutting parcel to the east. Zone District: "B-1 General Business." Loca- tion of Property: Corner of north side of Main Road and east side of Boisseau Avenue, Seuthold, NY (Thompson's Emporium); County Tax Map Parcel ID No~ 1000-63-03-08. 8:05 p.m. File No. 3586 - ROBERT AND IIELEN DIER. Special Exception to the Zoning Ordinance, Article III, Section 100-30iB)[16} for per- mission to establish "Bed and Breakfast Use," an owner-pc- cupied building, other than a hotel, where lodging and break- fast is provided for not more than six casual, transient room- ers, and renting of not more than three rooms, in conjunction with present single-family use and accessory apartment use estab- lishod under AppL No. 3597 March 5. 1987. Location of Prop- erty: 355 Terry Lane, Seuthold, NY; County Tax Map Parcel No. 1000-65-7-20. 8:15 p~m. File No. 3439 - AR- NOLD AND KAREN BLAIR. Variances to the Zoning Ordi- nance, Article III, Section 100- 31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in this pending division of land located at Cedar Lane (and Pine Place), East Marion. NY; "Map of Sec- tion 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, inclu- sive, 151,153; County Tax Map 7:50 p.m. File No. 3632 - parceI No. 1000-037-7-10.2. NORTH FORK EARLY ~8:20 p.m. File No. 3543 LEARNING CENTER. Vari- /PETER AND BARBARA~ ance to the Zoning Ordinance, [ ~IF. RZ. Veriancos to the Zoning~ Article III, Section 100-301B~[3] [ Qr.d_~p.a. pce,~ Article XI, Section~ subsections Ch)~nd (dL for per- \ 100-119.2 for permission to mission to establish nonprofit / cate new single-family dwelling private Inursery) school [or day- with insufficient setbacks from~ care center] within existing existing bulkhead and from building which is set back less . highwater areas along Midway than 50 feet from Pike Street, Inlet and Hog Neck Bay, prem- and upon premise~crheasVing less [i~e8 referred to as 70 Ceda~ / than five ,o,r more a s, referred [ Point Drive, Seuthold, NY~ to as the Veterans Community Cedar Beach Park Map, part of Center," north side of Pike Lots 152 and 110; Coun,ty Tax Street, east side ofW ckham Ay- Map Parce No. 1000-90-02-13.?~ enue, and south side of Hill ~ The Board of Appeals Street, Mattituck, NY; County hear at said time and place all Tax Map Parcel ID No. 1000- persons or representatives desir- 140-2-39. , lng to be heard in each of the 7:55 p.m. File No. 3630 - 'above matters. Each hearing JOHN KRAMER AND WAYNE DePETRIS. Variance to the Zoning Ordinance, Article Ill, Section 100-60lCll2] for per- mission to replace existing ground sign, the lower edge of which shall be less than four feet above the ground. Location of Property: 54985 Maio Seuthold~ ~¥i County Tax Map wi}:l not start before the time al- lotted. Written comments may be submitted prior to the conclu- sion of the s~bject hearing. For more informatio~/'pie~se call 765-1809. Dated: May 11, 1987. ~ty ORDER OF Tills; SOUTIiOLI) TOWN BOARD (3F APPEAI.S I'ATE OF NEW YORK ) ) SS: _0UNTYOFSUFFOLK ) richard ~Lilliams _ _ . of Greenport, in fid County, being duly sworn, says that he/she is ,incipal Clerk of THE SUFFOLK TIMES, a Weekly awspaper, published et Greenport. in the Town Southold, County of Suffolk and State of New )rk, and that the Notice of which the annexed is printed copy, has been regularly published in dd Newspaper once each week for 1 eeks successively, commencing on the ly of _May_.__ 19 87 Principal Clerk NOTICE OF H~ARINO~ NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the OUS~.~OLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall, Main Road, Southold, NY, on THURSDAY~ MAY 21, 19_87.t at the following times: 7:35 p.m. File No. 3624- the Zoning Ordinance, Article XI, Section 100-119,2 for per- mission to construct accessory structures with a setback of less than 100 feet from bluff/bank along the Long Island Sound. Location of Property: Right-of- way off the north side of Main Road, Orient, NY; County Tax Map Parcel ID No. 100-14-2-1.1. 7:40 p.m. File No. 362.5- ' PUDGE CORP. Special Excep- ~'~-to the Zoning Ordinance,' Article VIII, Section 100-80(B) for permission to construct one- story "mini-storage" buildings' in this "C-Light" Industrial Zoning District. Location of ~: Property: East side of Horton's Lane' Southold, NY; County Tax Map Parcel ID No. 1000-63-01-10. 7:45 p.m. File No. 3626- NORTH FORK EARLY/ Exception to the Zoning Or- dinance, Article 111, Section 100--30(B)[3] for permission to ' establish private (nursery) school [or day-care center], as a nonprofit organization, at premises referred to as the "Veterans Colhmunity Cente~' north side of Pike Street, east sade of Wickham Avenue, and south side of Hill Street,~_.M~._t- tituck, NY; County Tax l~p Parcel ID No. 1000-140-2-39. 7:50 p.m. File No. ,]632- NORTH FORK EARLY LEARNING CENTER.I Variance to the Zoning Or- dinance, Article 111, Section ~ IO0-30(B) [3] subsections (a) and/ (d), for permission to establish non-profit private (nursery)school [or day-case center] w'ithin ~xisting building which is set back less than 50 feet from Pike Street, and upon premises having less than five or more acres, referred to as the "Veterans Community CenteV,' north side of Pike Street, east side of Wickham Avenue, and south side of Hill Street, Mat- tituck, NY; County Tax Map Parcel ID No. 1000,140-2-39. 7:55 p,m. File No. 3630- JOHN KRAMER AND trlance ~ Arti- c) 12l for 6~'FN/I( permission to replace 'existin~° ..... ground sign, the lower edge of (0 R K which shnll be less than four feet above the ground. Location of Property: 54985 Main Road, Southold, NY; County Tax Map Parcel ID No. 1000-62-1-5. 8:00 p~m. File No. 3629- IR' WIN AND SONDRA THOMPSON. Variance to the Zoning Ordinance, Article VI, Section 100-62(E) and Article Vii, Section 100-71, for approval of an insufficient sideyard set- ss: being duly sworn, says that she is the DNG ISLAND TRAVELER-WATCHMAN, :r printed at Southold, in Suffolk County; e of which the annexed is a printed copy, d in said Long Ishmd Traveler-Watchman r. .................... /' ..... weeks Notary Public BARBARA FORBEs Notm~y Public, SLate of' New Ym'k No, Qmdified in Suffolk County Gommi~ion ~xpi~a ~ AND BARB~R6 HERZ.~ Variances to the'~ning Or-/ dinance, Article XI, Sectionl 1~-119.2 for permission to~ ' locate n~ single-family dwell- i~ with insufficient setbacks from ~isting bulkhead and f¢~ highwater a~as along Midway Inlet and Ho~ Neck Bay, premises referred to as 70 Cedar Point Drive, Southold, NY; Cedar Beach ~rk Map, part of ~ts 152 and 110; Court- ty ~x Map Parcel No. 1~-~-02-13.1. The Board of Appeals will hear at said time and place all ~rsons or representatives desk- .~ lng to be heard in each of the~~ nbo~ mat~ers. Each hearing will not start ~fore the time allot- ted. Wriue~ comments may submitted prior to the conclu- sion of the subject hearing. For more information, please call 765-1809. Dated: May 11, 1987 BY ORDER OF casual, transient roomers, and renting of not more than three rooms, in conjunction with pre- sent single-family use and acessory apartment use~\ established under AppL No, 3597 March 5, 1987. Location of Property: 355' Terry Lane, Southold, NY; County Tax Map Parcel No. 1000-65-7-20. 8:15 p.m. File No. 3439- ARNOLD AND KAREN BLAIR. Variances to the Zon- ing Ordinance, Article 111, Sec- t!on 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed pamels in this pending division of land located at Cedar Lane (and Pine Place), East Marion, NY; "Map of Section 2, Gardiners Bay Estates" Map No. 275, Lots 156, 157, 158, 159, 160, 167 thru 172, incins!ve, 151, 153; County Tax MaD Pamel No. back to an existing structure and proposed new structure resulting lencing on the .......... /.[. '' ....... from an alteration in the loca- tion of lot line of abutting parcel to the east. Zone District: "B-I'' ...... Location of 9 "~ - General Business:' Property: COrner of north side/~ of Main Road and east side of .... -' * ~ -':; :-'-~ ~' ~ ~ .............. Boissean Avenue, Southold, NY (Thompson's Emporium); County Tax Map Parcel ID No. 1000-63-03-08. / ,/ 8:05 p.m. File No. 3586- me this ..................... day of RDBEI~I' AND HELEN DIER. Special Exceptinn to the Zoning ......... Ordinance, Article I11, Section ..... 100-30(B)]16] for petmi~siofi'[0 ~ establish "Bed and Breakfadt Use;' an owner-occupied building, other than a hotel, /~.~. where lodging and breakfast is ,~,~-~c_.,~-- ~-~ provided for not more than six ' · ' :~ .......... / '- .... ~ ........... Southold Town Board of Appeals MAIN ROAD- STATE I~OAD 25 c:OUTHOLD, L.I,, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Enclosed of the public a copy of the Watchman, Inc. herewith as confirmation of the time and date hearing concerning your recent application is Legal Notice as published in the L.I. Traveler- and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours very tr~l.v~,~., ~ G~RAI~D P. GOEHR~'NGER ~ CHAIRMAN Enclosure Linda Kowalski Secretary and Board Clerk Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 21, 1987 The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters. Each hearing will not start before the time allotted. Written comments may be submitted prior to the con- clusion of the subject hearing. For more information, please call 765-1809. Dated: May ll, 1987. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary Copies to the following on or about 5/11/87: Suffolk Times (personal delivery) L.I. Traveler-Watchman (personal Town C~erk Bulletin Board Z.B.A. Office Bulletin Board delivery) Mr. Ernest Tarmin, Box 2043, Main Road, Orient, Mr. James L. Gray, Sr., President, Pudge Corp., Mr. and Mrs. Glen Moller, North Fork Early Box 1053, Mattituck, NY 11952 NY 11957 1040 Horton La, Sld, Learning Center, NY ll9 Mr. John J. Kramer P.O. Box 1406, Southold, NY 11971 Mr. Wayne DePetris Philip d. . - ~.~ ......... ~..,.^ .~ u .... tarn Lak~] ,~.,,47 Mr. Garrett A. Strang, R.A. (Agent for Thompson's Emporium), Box 1412, Main Road, Southold, NY 1t971 Mr. and Mrs. Robert Dier, 355 Terry Lane, Southold, NY 11971 John M. Wagner, Esq., Box 279, 108 E. Main St., Riverhead, NY 11901 J. Kevin McLaughlin, Esq., 828 Front St., Box 803, Greenport, NY 11944 Rudolph H. Bruer, Esq., Main Road, Southold, NY 11971 (Attorney for Blair) Patricia C. Moore, Esq. (Rudolph H. Bruer, Esq.), Attorney for Mr. and Mrs. Peter Herz, Main Road, Southold, NY 11971 j. Kevi'n McLaughlin, Esq. (Attorney for Mr. Blair) Box 803, 828 Front Street, Greenport, NY 11944 Richard J. Cron, Esq., Main Road, Cutcho9ue, NY 11935 William D. Moore, Esq., Clause Commons, Suite 3, Box 23, Mattituck 11952 (Herzweig & Moore Application) Individual ZBA files ZBA Members with copies of files Building Department (Vic Lessard) JUDITIt T. TERRY TOWN C LI*:R R REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 31, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3543 application of Peter Herz and Barbara Herz for a variance. Also included is Notice of Disapproval from the Building Department; Notice to Adjacent Property Owner; copy of CO; Short Environmental Assess- ment Form; letter relative to NYS Tidal Wetlands Land-Use; letter from NYS DEC; copy of deed; tax map; survey and plans. Judith T. Terry Southold Town Clerk TOWN OF $OUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3'~J~'~ DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We).~.e..t..e.F...~.e.~...a.~..~.r..b..a.~.a...~.e.~ ........... of .......... .t..0..q...q~k.l~l~ ........................................ Name of Appellant Street and Number ............................ ~.a..s..t...?...J:.]:.];.s.:. ............................................ .N..e.~..]p..r..k. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ........ .J.,u_l,y,...1,,0,~...1,~,~,6, .................... WHEREBY THE BUILDING INSPECTOR DENIED TO Rudolph Bruer c/o Peter Herz. .. Name of Applicant for permit of New York ..M..a. in R..o..a..d. ~ ................ ~ ~.t;b~%l~ .................................. Street and Number Municipalih/ State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) (x) ( ) Street Use District on Zoning Map 1000 - 90 - 02 - 13,1 Curr'ellt 0wller Peter Rerz and Barbara Herz ......................................... ~n~Prti~le 111 Sec. 100-31. (~' '" ?._'_i__~) Article 111 Sec. 100-119.2 (Wetland) [Article 1 Sec. 97-13(3) Trustees] 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith {or (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this praperty. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Appellants wish to build 2 1/2 story single family dwelling on their waterfront lot. ~ ~hi~a~kural dcgign cf the he'-'- ~7 fcic ,~a4~ ~f ~ _~lnss n~n~ln~,,~e~ The dwelling deck requires a setback from the 35 foot rear yard setback to 23 feet. Appellant intends to build within 75 feet of the bulkhead requiring approval from the Zoning Board and Trustees. ~orm ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or _ ~¢[~IA,/ drawings). The lot was created prior to 1 acre zoning and has been owned as a single and separate lot since it was created. The setback requirements under "A" bulk and parking schedule are entitled to, as a matter of right, 35 front yard one side yard 10 feet, both side yards 25 feet, rear yard of 35 feet. Appellants wish to extend a deck to 23 feet from the bulkhead requiring a variance from the 35 foot setback requirement. (See attached survey) The dwelling must remain in its proposed location because the cesspool must be 100 feet from surface water. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this property is surrounded on two sides by water. The property is completely bulkheaded and construction has been approved by the D.E.C. The cesspools have been located and were approved by the Suffolk County Health Department. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the architecturally designed house is a substantial structure which will no doubt increase the value of surrounding properties. STATE OF NEW YORK COUNTY OF -~cJ~;~-~c/c- SS Sworn to this .............................................. day of ....................... .J..u..1.y. ......................... 19 86 I~(~T~,R¥ PUBL C, Stste ol New ¥ No. 52.46552A2, Suftolk Coun~ ~r~missiofl ~9ires Malch 30, 19 IJ~OARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oi the Petition of : P~l'~ HERZ and BARBARA HEP~ : to the Board of Appeals of lhe Town of Soulhold TO: NOTICE TO ADJACENT PROPERTY OW~$B~.~ YOU ARE HEREBY GIVEN NOTICE: 1. That~iLi~-tJ~r,,i~ltention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~(-Variance~,~pecial Exception)(Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 70 char Point Drive, Souehn'ld, N.Y. Suffolk County Tsx rap ae~!crnation: 1000 - 90 - 02 - 13.1 3. That the property which is the subject of such Petition is located in the following zoning district: "A" - ResideD~l/AqricultLLral 4. That by such Petition. the undersigned will request the following relief: relief ~rc~ kci~k~ set-back req3]i r~m~n~ : 5. That the provisions of the 5outhold Town Zoning Code applicable to the relief sought by the under- signedare Article 111 Section1 100-30, Art. III, Sec. 100-119.2 & Art. I, Sec. 97-13 (~ [ ] Section 280-A, New York Town Law for approval of access over r~ght(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 the~e examine 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 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 5outhotd and designated for the publication of such notices; that you or your representatb,e have the right to appear and be heard at such hearing. Dated: 7-30-86 Edson & Bruer, Esqs. Petitioner 0whets ' Names: Peter & Barbara H_erz Post Office Address Southold, N.Y. 1197~ (Tel. (516) 765-1222 NAME pROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Patrick and Kathleen McAllister Severus S. Deleo p 329 22b &b6 REcsiP¥ FOR CERTIFIED 57 Knights Lane Kings Park, N.Y. 11754 14-16 140th Street Whitestone, N.Y. 11357 P 329 226 867 ~ECE~PT FOFi CEF~TIF £D MAIL Severus S. Deleo 14-16 140th Street Whi~'Stone, N.y. 11357 STATE orF NEWyoRK ) COUNTY OF SUFFOLK ) ss.: Mary Diana Foster , residing at (No#) McCann I~.ne? Greenport? N.Y. , being duly sworn, deposes and says that on the 30th day of July ,19 86 , 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 Southoldr N.Y. ; that said Notices were mailed to each of said persons by (certified) (x~ mail. Sworn to before me this 30th July .19 ~6 (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 Pb',~'E.~ HERZ and ]3,~RI~z~A ~ NOTICE TO to the Board of Appeals of the Town of Southold : ADJACENT TO: Patrick/~nd~thl~n ~llister/'- "7--" ~'-~ PROPERTY O~ER 57 K~ht~an~ / ~~ /~ ~ ~ ~ YOU ARE HEREBY GIVEN NOTICE: ~ ' 1, Thai it k ~hLi~lemion of lhe undersigned Io petition the Board of Appeals of the Town of Southold requesl Variance~pecial Exception) (Special Permit) (Othe:) [ci:cle choice] ). 2. That the property which is Ihe subject of the Petition is located adjacent to your property and is des- cribed as follows: 70 Cedar Point Drive. Southold. N.Y. Suffolk County Tax ~p desiqnation: 1000 - 90 - 02 - 13,1 3. Th~al Ihe properly which is the subject of such Petition is located in the following zoning district: "A" - Residential/Aqricultural 4. That by such Petition, the undersigned will request the following relief: relief fr~ height and set-back r~ql. ]ir6~n~:,n~l-R: .r~rm~m~n e~ ~nqe~,~t ':'~tb~n 75 feet ef 5. That the provisions of thc Southold Town Zoning Code applicable to thc relief sought by the under- signedare Article lll Sect/on 100-30, Art. III, Sec. 100-119.2 & Art. I, Sec.97-13C [ ] Section 280-A, New York Town Law for approval of access ove~ r~§ht(s)-of-way. 6. That within five days from the date heceof, a written PetilJon rFquesting the relief specified above will be filed in the Sourhold Town Clerk's Office at Main Road, Soulhold, New York and you ma), then and there examine the 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; 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: 7-30-86 Edson & Bruer, Esqs. Petitioner Owners'Names: Peter & Barbara Herz Post Office Address Southold, N.Y. 11971 (Te]. (516) 765-1222 ) DIST · 1000 SEC · BLOCK 020 LOT THISIND£NTURE. madethe ~ d~y0f March ,nmet~nhun&¢d.nd eighty-two BETWEEN FRANK J. CAMPANELLI, JR., and PATRICIA A. CAMPANELLI, his wife, both residing at 31 Pond Path, Lake Grove, New York, party of the first part, and PETER HERZ and BARBARA HERZ, his wife, both 100 Oak Drive, East Hills, New York, party of the second part, WITNESSETH, ~hat the party of the first part, in consideration of TEN ($10.00) res' ' ~ mt $ ..... ........ REAL ESTATE APR SUFFOLK dollars, lawful money of the United States, p~d by the party of the second part, does hereby grant and release unto the party of the second part, the heirs, or succe$- sots and assigns for the party of thc second part forever, ~ingiKllm: at Southold, Town of Southold, County of suffolk and State of New York, being Lot 110 and part of Lot 109 and 152 on subdivision Map of Cedar Beach Park, filed December 20, 1927 as Map No. 90 and described as follows: BEGINNING at a monument on the southwesterly line of a 50 foot private road known as "Cedar Point Drive East" as shown on "sub- division Map of Cedar Beach Park" filed in the suffolk County Clerk's Office as Map No. 90 being at the northwesterly corner of Lot 152 and the northeasterly corner of Lot 151 as shown on said map; Running Thence from said point of beginning along said southwesterly line of "Cedar Point Drive East" South 46 degrees 19 minutes East 74.0 feet; Thence through'said Lot 152 and parallel with the westerly line there- of, South 16 degrees 24 minutes West 191.92 feet to the southerly line thereof, being also the northerl~ line of Lot 109 as shown on said map; Thence along said northerly line of Lot 109,~North 73 degrees 36 minutes West 26.0 feet to a point; Thence South 16 degrees 24 minutes West 221.00 feet to a bulkhead at the ordinary high water mark of Little Peconic Bay; Thence partly along said bulkhead and along the ordinary high water line of Little Peconic Bay ~ tie line -course and distance of North 70 degrees 38 minutes 50 seconds West 90.50 feet to a bulkhead along the easterly side of a sand filled inlet formerly known as Midway Inlet; Thence the following five courses and distances along last mentioned bulkhead:,l. North 20 degrees 41 minutes 55 seconds East, 40.46 feet to a point; 2. North 25 degrees 46 minutes 35 seconds East, 144.33 feet to a point; 3. North 64 degrees 03 minutes 50 seconds East, 88.82 feet to a point; 4. North 3 degrees 24 minutes 40 seconds West, 42.92 fe~t to a point; 5. North 37 degrees 19 minutes 15 seconds West, 33.55 feet to a point on the division line of Lots 151 & 152; Thence North 16 degrees 24 minutes East along said division line, 139.39 feet to a point on the southwesterly side of cedar Point Drive, the point or place of BEGINNING. TOGETHER with a right of way over a triangular strip of land consist- ing of a portion of said Lot No. 109 immediately adjacent to the premises above described and bounded and described as follows: BEGINNING at a point on the northerly line of said Lot No. 109 (which point is South 73 degrees 36 minutes East a distance of 34.23 feet from the northerly or northwesterly corner of said Lot No. 109) (and which point is the terminus of that course of the premises above described, running South 16 degrees 24 minutes West, 191.92 feet); RUNNING THENCE South 61 degrees 24 minutes West, 36.77 feet to easterly line of the premises above described; RUNNING THENCE North 16 degrees 24 minutes East a distance of the 26.0 feet; RUNNING THENCE South 73 degrees 36 minutes East a distance of 26.0 feet to the point or place of BEGINNING. BEING AI~D INTENDED TO BE the same premises conveyed to the parties of the first part herein by deed dated August 16, 1971, recorded in the office of the clerk of suffolk county on August 27, 1971 in Liber 6994, cp 543. TOGETHER with all fights, title and interest, if any, of the party of the first part in and to any streets and loads abut- ting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto file party of the second part, the heirs of successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first l~art has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration 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 pay- ment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WIT- NESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ~'~ PATRICIAn. CAMPANELLI ,rATE OF Nt'W YORK, COUNI'Y OF SUFFOLK ~' day of March 19 81, before me ~cr~onalty es, me FPJ%NK ~. C~L~ [o mc~no~ ~obe ~c ~vid~ ~ ~ ~d who he ~ut~ t? ~ VERONICA BAKER ~AR~ PUBLIC. State ol New ~k Ho. 52-46tOCG8 STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came ~ to me known, who, being by me duly sworn, did depos · and 5ay that he resides at No. ; that he is the of , the corporation described in and which, executed the foregoing lrtstrm-n~nt; that he knows the seal of said corporation; that the seal. affixed to said instrument is such corporat~ ~eal; that it was so afl~xed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF SUFFOLK On the 2 ~ c~y of March 19 8~ bdorc m Dc~on~y came PATRIC~ A. C~ELLI ~o mc ~own ~o ~ ~: ~dLvidu~ - d~[b~ ~ ~nd wh cx~u:~ thc ~o~o~[ ~umca~,~d ack~w[~ s.e ~0T~Y pU~LI~ S~le ul N~. STATE OF NEW YORK, CQUNTY OF S On the day of 19 , before m personally came the subscribing witness to thc foregoing imtrument, wit whom I am personally acquainted, who, being by me sworn, did depose and say that he resides at No. that he knows to 1~ the individtml described in and who executed the foregoing h~tr umea dmt he, said subscribing wimess, w~ pre.~ent ~md sa execute the same; and that he, said wime~ at the same time subscribed h name as wime-..* theret. itlargatn ani With Covenant Against Grantor's Acts Title No. 7--7'70 =' FRANK J. CAMPANELLI, JR., & PATRICIA A. CAMPANELLI, TO PETER HERZ & BARBARA HERZ n~OCK gOT COUNT~ OR TOW'N L[-'tJFE TITLE INSURANCE Company of New Y~k RFTURN BY MAIL TO U-'i. IFE TITLE INSURANCE Compuny ol New Yo,-k DAVE BIRAIBAUM, ESQ. 62 Highland Ave. Roslyn, N.Y. ~p~o. 1157 ,901~ pOINT' DRIVE PLEASE NOTE ;~e applicant's responsibility to :in adequate sanita~nllistance m ail water supply and sewage al facilities. GH ~NOWA~R }ir~ONS. A GRADinG AND EC~..ENOED PRIOR TO ,E roi· any part of sewage disposal syst~n. See ' ~ proposal for water file dated 9/25/87, on .4,° $.C DEPT. OF N°l~,zoNzHaf~.L4TH SERVlCE$ ~$E F'1..00 D ' J $~;~',~.~ FOR COUNrt OB'AIffMENT OF ~t~ ,~m., J PETER HERZ & BARBARA HERZ .... '~=' l, LOT IlO ~0 ~.TOFLO~ 109 & 152,"CE~R ~A~ ~.K" APPROVAL OF CONS~oN ONLY J AT ~YVtEW . DATE: rd~'l , - J ~WN ~ S~THOLD SC~E 1",4 -- ~ ~ '--~VtVo,~,,~ ~' ~ ~TER ~ ~ ~ ' A~ ~ L~ ~ ~ ~ ~TLE ~,