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Home My WebLink About3383Blue Marlin Drive 57 Gr}S~e e D p.o r t, NY 1 34 Pacifico, Anna sideyard setback reduction of lot exceeding 20% 7/18/85 #3383 Condn'l app 3/10/86 Bulkhead se~tback at 45 ft. (52' to pool) for deck Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3383 Application Dated July ]8, ]985 (Public Hearing 2/6/86) TO: Paul A. Caminiti, Esq. as Attorney for ANNA PACIFICO and MARIO MALERBA Box 992, Main Road Southold, NY 11971 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March ]0, ]986 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 Article [×] Request Article Article [ ] Request for for Special Exception under the Zoning Ordinance , Section for Variance to the Zoning Ordinance III · Section 100-31, Bulk Schedule and XI, Section ]00-]]9.2 Application of ANNA PACIFICO for Variances to the Zoning Ordinance, Articles: (a) III,-Section lOOJ3]~ Bulk Schedule for permission to construct addition with an insufficient sideyard setback, (b) III, Section 100-31, Bulk Schedule for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements, (c) XI, Section 100-119.2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive, Southold, NY; County Tax Map Parcel No. 1000-57- 01-034, (also known as Lot #13, Map of "Southold Shores," Map No. 3853. WHEREAS, a public hearing was held and concluded on February 6, 1986, in the Matter of the Application for ANNA PACIFICO under Appeal No. 3383 filed July 18, 1985; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that public opposition has been received as noted in the verbatim transcript of the hearing and record concerning this matter; and WHEREAS, the with the premises area; and board members have personally viewed and are familiar in question, existing structures, and the surrounding WHEREAS, the board made the following findings of fact: 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 53, Block 05, Lot 034, consisting of a total lot area of ]9,062 sq. ft. with 110 ft. frontage along the south side of Blue Marlin Drive at Arshamomaque, Greenport, NY, and is known as Lot #13 on "Map of Southold Shores" filed August 29, 1985, File No. 3853~ 2. By this application, appellant requests Variances for the construction of an addition to the rear of the house consisting of a wooden deck, fence enclosure,~pool, and gazebo: (a) with minimum total s~deyards at 14.8 feet [which is established at the (CONTINUED ON PAGES TWO AND THREE) DATED: March 18, 1986. Form ZB4 (rev. 12/81) CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3383 Matter of ANNA PACIFICO Decision Rendered March 10, 1986 west side, and the east side, a zero setback [and 1.8' building eaves encroachment onto the neighboring property]; (b) with a total lot coverage of 24% for a total of 4610 sq. ft. in area; (c) with a setback of not closer than 43 feet from the wood bulk- head and 49 feet to the high water mark [52± feet from the pool wall to highwater mark]. 3. Article III~ Section ]00-31, Bulk Schedule of the Zoning Code requires a minimum sideyard setback at the easterly side at 15 feet (and minimum at the west side at l0 feet), a minimum total sideyard area at 25 feet, and a maximum of 20% lot coverage for all structures. 4. Article XI, Section ]00-119.2 of the Zoning Code requires "...all buildings located on lot~ adjacent to tidal water bodies...shall 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 greater ..... '~ 5. It is the opinion of this board that the practical difficulties demonstrated are not sufficient to warrant a grant- ing of all the variances requested; however~ a reduction of the square footage to 500 sq. ft. over the 20% maximum-permitted of the zoning code (or 43122 9q- ft. total), and a reduction of the east sideyard setback to ]6' 8" at the northeast corner of the existing deck (allowing a 3' d'eck) and 7x at the southeas~t corner of the existing deck (as exists), and a straight line drawn on an angle connecting these two points (to allow a walk- way fro~ the east side of the dwelling to the pool ~and deck area in questioh)~ would not be unreasonable under the circum- stances. In considering this appeal, the board finds and determines: (a) that the relief as requested i.s substantial in relation to the zoning requirements~ being a variance of 20% over the requirement for total lot coverage~ being ~ore than 35% of a variance from the sideyard requi~rementsl and being a variance of more than 40% of the wetland-setback requirements; (b) that a reduction as decided herein is not unreasonable under the circumstances; (c) that there is no other method feas~ible for appellant to pursue other than a variance; (d) that the public health, welfare~ safety, order and convenience of the town will best be served by allowing the variances as amended by this board; (e) that by allowing the variances as amended by this board, a substantial change would not be created in the c~aracter ofthis neighborhood; (f) that the spirit of the zoning ordinance and the interests of justice will best be served by granting the variances as amended and noted below. Accordingly~ on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT relief.applied under Appeal No. 3383 in the Matter.of the Application oflANNA PACIFICO,i'SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATION%:. Page 3 - Appeal No. 3383 Matter of ANNA PACIFICO Decision Rendered March 10, 1986 I. That the northeast corner of the deck be reduced to a minimum setback of 16'8" from the property line to allow for a walkway/deck of three feet in width, and that a straight angle be cut (connecting the northeast corner to the southeast corner of the deck) to a minimum of 7' from the property tine at the southeast corner (to allow for a walkway to the pool and rear deck areas from a side entrance of the dwelling)~ 2. That the total lot area ~ver the maximum-permitted 20% (3812 sq. ftc) shall not exceed BOO sq. ftr, for a total lot co~.erage of 4312 %q~ ft. ~ 3. That a final survey be furnished to the Building Inspector and Board of Appeals certifying compliancq..with the above~ Vote of the Board: 'Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglas~ were absent.) This resolution was duly adopted~ lk GERARD P--~GOE---~-RINGE' R, C~RMA~N _March 21, ]]986 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 TO,fiN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at ?:30 p.m. on THURSDAY ~ FEBRUARY 6, 1986 and as follows: ?:35 p.m. Appeal No. 3432-.IOHN_?ND JOYCE HOLZAPFEL (Recessed .from l/9/86). 7:40 p.m. Appeal No. 3446- MARGERY D. BURNS. Variance to the Zoning Ordinance~ Article VII, Section 100-70(C)(1) for permission to construct accessory inground swimmingpool upon premises known and referred to as 53245 Main Road~ Southold, NY, presently zoned "B-l" General Business; identified on the Suffolk County Tax Maps as District 1000, Section 6l, Block 01, Lot 008. l. 7:45 p.m. Appeal No. 3196-WALTERHAIRSTON~ (Estate of). Variance to the Zoning Ordinance, Article Iii,Section 100-31~ Bulk Schedule, for approval of two parcels (with existing dwellings)having insufficient area~ width and depth. Location of Property: West Side or,Carroll Avenue, Peconic, NY; identified on the Suffolk County Tax Maps as District 1000, Section ?4, Block 3~ Lot 10. ?:50 p.m. Appeal No. 3454 - ~%LICE D. CURRIE. Variance to the Zoning Ordinance, Article III, Section 100-3l, Bulk Schedule, for permission to construct addition with an insufficient rearyard setback at 1815 Soundview Avenue, Southold~ NY; County Tax Map Parcel No. 1000-59-06-019.1. 7:55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER, JR. Variance to the Zoning Ordinance, Arfflcle III, Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 575 Old Harbor Road~ New Suffolk, NY; County Tax Map Parcel No. 1000-ll7-3-6. 8:00 p.m..Appeal No. 3444 - JOSEPH AND FRANCES GRASSO. Variance to the Zon[ng Ordinance, Article III, Section 100-32 and Article XI. Section i00-tl9.2, for permission to locate accessory storage building in the sideyard area and with an insufficient setback from wetlands~ at 7145 Soundview Avenue, Southold~ NY; County Tax Map Parcel No. I000-59-06-003. 8:05 p.m. Appeal No. 3448 - RIVERSIDE HOIVlES, INC. Variance to the Zoning Ordinance, Article III~ Section 100-3l, Bulk Schedule~ for permission to locate new dwelling with insufficient front and rear yard setbacks. Location of Property: East Side of private Road(off the south side of Soundview Avenue), Peconic~ NY; identified on the Suffolk County Tax Maps as District lO00~ Section 59, Block 9, Lot 18. Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Regular Meeting - February 6,1986 8:10 p.m. Appeal No. 3383 - ANN____~A PACIFIC_______qO. Variances to the Zoning Ordi- nance, Articles: (a) III~ Section lO0-3l~ Bulk Schedule for permission to construct addition with an insufficient sideyard setback, (b) III, Section 100-31, Bulk Schedule for permission to construct addition which exceeds the maximum-permitted 20% lot coverage requirements, (c) XI Section 100-II9.2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive, Southold, NY; County Tax Map Parcel No. I000-53-05-034, (also ~%~known as Lot ~13, Map of "Southold Shores~" No. 3853. Map 8:20 p.m. Appeal No. 3421- JOSEPH ZIELONKA (ESTATE OF). Variance to the Zoning Ordinance, Article III~ Section 100-30, and Article XI~ Section 100-118~ for permission to utilize premises located in this A-Residential and Agricultural Zoning District for two B-Light Business uses£n addition to two dwelling uses. Location of Property: 27475 IViain Road: Cutchogue~ NY; County Tax Map Parcel No. lO00-102- 01-13. 8:25 p.m. Appeal No. 343]-~AILDESSIMOZ AND IviICHAELRACZ. Variances to the Xoning Ordinance, Article X~ Sections 100-ll8(E) and 100-119.2 for: (a) permission to renovate and expand existing nonconforming cabin (guest cottage without kitchen facilities) exceeding 50% of value and square footage of same as exists~ and (b) permission to construct addition to existing nonconforming cabin within 100 feet of bluff along the Long Island Sound~ pKemises known as 4255 Private Road ~10 (Hallock Lane)~ Mattituck~ NY; County Tax Map District lO00~ Section ll2, Block 0l~ Lot 004. (Hearing recessed from December 12~ 1985) . The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing' in question. For more information~ please call 765-1809 (alt. 1802). Dated: January 2l, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER: CHAIRMAN INSTRUCTIONS TO NEWSPAPERS: Please publish once, to wit: Thursday~ January 30, 1986, and forward nine affidavits of publication to: Board of Appeals~ Main Road~ Southold, NY 11971. (on or before February 3rd) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL · ~..~..~...~. ~.~., .,~: :,/.. ~.~,~/.~-, PLEASE TAKE NOTICE that your applfigation dated .... ~..~. ~.. for pe~it to ~0,~ ~M~ .~. ~..~. ~ [~ ............. at Location of Property ha;~Z~O ~"' '~ ~"~ ~t:'e~' ~ ..... ~ ~,~ County Tax Map No. i000 SectiOn ... ~.~T5 .... Block .... ~ ~7 ..... ~t 0.~ ....... S~bdivision .~.~7t10~ e~ ~Ffled Map No ................. Lot No.~l ~,' .......... is returned herewith and disapproved on the follow~g grounds ...~z ~.. ~... ~ ~. ~.~.. ~o~ff.. ~.~! ~ .... ...o~. &~ ~...~c~...zo~0 .... ~~ ~... ~ ..... ...~7or~,~ .... ~&Z...~...~..Z~. ~/. .......... ..... ~~.~~~ .... ,~Z.,.~ ................... . .~g~p~.. ~ ~. c~...~ :~.. ~. ~ ............. .................................. ......... Building Inspector RV 1/80 ;xamined ................. 19... · FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTNIENT TOWN HALL ~°OUTHOLD, N.Y. 1't971 TEL.: 765-'1802 approved ................. 19... Permit No ............ )isapproved a/c ..................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ;ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on l~remises, relationship to adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of tls appli- ation. 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 issued a Building Permit to the applicant. Such permit aall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy ,.all have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ~egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, build--e, housinW'c~de and~egutations, and to dmit au/horized inspectors on premises and in buildihg for ~ec~ssary in§pe'~'ti~ns i .. ~~..~..~..~O..~._4 ............... -(Signature of appficantvo~f a corporation) i.~. B~..~... ~ ~ .~. ~L ~. ~,. ~ ..... ;rate whether applicant is owner, lessee, agent, architect, cng/neet, general contractor, electrician, plumber or builder. ..~?¥. .:~. .:.. . ._.:_.:. r?. ~. .o-_~zv.~ 7. .~.<~. ..~. P. ~4Acn~ .............................. 4amc of owner of premises .. ,~. '~.¥,/?.v/./f~ .... .~../~..~.'-,~...~?..~ ~ ....................................... (as~on the tax roll or latest deed) [' applicant is a corporation, s~gnature of duly authorized officer. ............ ,~/~. (Name and title of co~, orat,e_., officer) Builder's License No../~.~-.~ Plumber's License No ......................... Electrician's License · ........... : .. Other Trade's License No ...................... Location of land on which proposed work will be done..q~'~3 .~f.- .' ¥ CD Z.-~...~ . .~.- .' .~.~.~.'{ · -?-c9 ' /.& >. ........ :.~..~..~.../ff~4. ~._: ./~./....~..~ ~. :. . House Number Street Hamlet :ou~y *a× ~ No. 1000 Section ..... .~....?. ....... Block .... /. ............ ~ot...5, Subdivision ..................................... Filed Map No ............... Lo~ ..... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 3. Nature of work (check which applicable): New Building ......~..", Addition, y..:~.:... Alteration ........ . Repai~ .............. Removal .............. Demolition - Other Work ............. 4. Estimated Cost ....................... Fee .................................... '~' (to be paid on filing this application) 5. tf dwelling, number of dwelling units ............... Number of dwelling units on each floor ............... If garage, number of cars ........ ,~...(~. ~.--~S ................................................. 6. If business, commercial or mLxed occupancy, specify nature and extent of each type of use .................... 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth .............. Height ............... Number of Stories ....................................................... Dimensions of same structure with alterations or additions: Front ................ Rear ................. Depth ...................... Height ...................... Number of Stories ..................... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth .............. Height ............... Number of Stones ....................................................... 9. Size of lot: Front ...................... Rear ...................... De~th ..................... 10. Date of Purchase .x.~:tJ.~..../~..../~;.oC~..~...NameofFormerOwner .~ .P!?.~?.<-_~..S.~Z~/.~<.~.t.h.~. 11. Zone or use d~stnct m whic premises are s~tuated .................................................... 12. Does proposed const-mctmn woiate any zomng law, ord~nance or regulatlon: ............................... 13. Will lot be regraded ....... _. }/~c~.-,~ ..... '. ......... Will excess fill be removed from vremises.~, ~ Yes (Nc · :~ltJ,, -' c~ ~ . . ., ~ .~.c .,.~, ,~ 14. Name of Owner ofprem,ses2~.,..g.~..ff~.41 .~./.(~... Address .?O. {~..F~4>~.-~.¢'.~.~...xPlio~ Nfd... 5-./¥.../~./.~...W. Name of Architect /~.~1.®?..~ .~.. ~. ~f~.~.'L! ~..~ .A,.. Address 3~. ~.. ~./../~?~.-. ~ Phone NoT/~. Nane of Contractor o .~.~Z~.Fv~...~<?~./~4M'.(2 Address /~.~62 PLOT DIAGRAM -~ Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from property hnes. Give street and block number or description according to deed, and show street names and indicate whethe~ interior or corner lot. STATE OF NEW country OF .- //. .... ...... ~..~f4~v~. ~.~ .~ ............. being duly sworn, deposes ~d says that he is the applicant .z.- (Name of indMdual ~i~ing~ct) above n~ed. Heisthe .~ 4~ ~ o . . ._ ................. %.. ............................................. (Contractor, a~nt, co.orate officer, etc.) of said owner or owne~, ~d is duly auto. ed to perfom or have peffo~ed the said work and to m~e and file this application; that all statements contained ~ this application are true to the best of his ~owledge and be~ef; and that the work will be perfo~ed in the m~ner set forth ~ the app~cation flied therewith. Sworn to before me this .. .( ..... Nota~ Public, . ~j .~./~ ......... County /-". ff~ ~- ....... ';¢ / TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL No. Z3 DATE ..L-JB~.~i ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N, Y. (We) ...... ............................ ofe. .................. Name of Appellant Street and Number Southold NY ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 7/15/8~OR: Addition WHEREBY THE BUILDING INSPECTOR DENIED TO (×) Anna Pacifico Name of Applicant for permit of :~.~.;....,...-/.?5.Q....Blue Marlin Drive Street ana Number Municipality State PERMIT TO USE ~ERMIT FOR OCCUPANCY PERMIT TO BUILD addition =o house consistinq of house arLd gazebo LOCATION OF THE PROPERTY 125fl Blue Marlin Drive A-1 Street and Hamlet Zone Block 05, lot 034 OWNER(S): A~n~.Pa¢~ico ............ M~D No. Lot No. DATE PURCHASED: 1983 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section. Sub- section ana Paragraph of the Zoning Ordinance ay number. Do not quote the Ordinance ~ Article III Section 100-31 3 TYPE OF APPEAL Appeal is maae herewith for A VARIANCE to the Zoning Ordin.ance or Zoning Map A VARIANCE due m lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 1E Sec. 280A SubsectionS3 ~ PREVIOUS APPEAL A previo~s appea~ ~s, mas not) been made with respect ~o this decis'on of me Building Inspector or with ~espect to this property. Such appeal wes I ) request for~a specia oerm~t ( ~ reauest for!a variance and was made n Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 250A Subsection 3 (/~) A Variance to the Zoning Ordinance ( is requested for the reason that we would like toobtain permission for construc- tion of an addition to rear of house consisting of wooden deck, and fence around a pool and a gazebo that lack the necessary side yard setback and distance from the house due to the fact that DEC required me 5o install pool 65 feet landward of tidal wetlands. (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the property is located on Peconic Bay and subject to the regulations of the Department of Environmental Conservation. I was required to install my pool measuring 15X36 feet a minimum of 65 feet landward of tidal wetlands as shown on the attached survey. A permit was obtained from DEC and the pool installed. Because of the DEC requJrements the pool is located only 15 feet from the rear of my house. The area was subsequently completely landscaped and a ground level wooden deck was constructed for access to the pool A gazebo was also built as part of the deck and ls one foot ever the property line on the East which property is owned by Southotd Shores Associatiom The work is completed at a cost of approximately St:hO00. The hardsmo created is UNIQUE and is nat snarea Dy all properties alike in the immediate vicini~ of this property and in this use district because the property is a corner iot surrounded by Blue Water Drive on the North, Peconic bay on the South and vacanz land on the East which is owned by Southold Shores Association. The entire deck including the gazebo and pool is approximately 2#00 sq. ft. which Together with the dwelling (3812.6 sq. ft.) amounts to approximately 5~00.'sq. ft. which is iust about 29% of the lot coverage. There is empty land on 2 sides of the house which will always remain empty. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because of the waterfront nature of the area. There are marinas and inlets throughout Southold Shores and the coverage of the lot area does not affect anyones property or change the character of the district. You can not build either to the South or the East of the house and the pool area and deck can not be seen from the street. To the best of my knowledge there is no objection from anyone as to the continued use of my pool and deck. I believe the house and deck are tastefully built and adds to the improvement of the neighborhood. STATE OF NEW YORK ) COUNTY OF '?~/~'~ Sworn to this ~Q~ day of ........... :. ........ '..-w:...~....w ........................ 19~f~ ~ZZN otc ry Public RES. SEAS. LAND IMP. STREET : AG_ E [ N~AI~ BUILDING CONDITION Tillable Tillable 2 Tillable 3 BELOW Acre ValUeAcre per VILLAGE W TYPE OF BUILDING COMM. CB. MISC. Mkt. Value ?, ,~ Woodland House Plot FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM Porch Porch Goroge . Patio __~rype Roof Recreation Room Dormer Driveway rBath rs Jar Finish LO.[ -, Sr~~ ~or7 ~e LOT AREA=I%062 SO. FT~ A RE,El -HSE, POOL, DECK ~ GAZEBO = 4610 SO. FT~ 461~19062= 24, % LO7' COVERAGE $OTHOLD, N.Y. 11971 · p 6 OONt O BAY SURVEY OF LOT NO. 13 ' SOUTHOLD SHORES" FII~_D AUG.29,I985 FILE NO. 385,~ AT ARSHAMOMAI2UE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SCALE I"= 50~ AUG. 26, I985 N.Y. S. LIC. 4961,9 ENGINEERS~ P, C. Prepared in accordance with the minimum standards for title surveys as established by the LI.A. LS. and approved and adapted for such use by The N~w York State Land ~$ Association. 85 - 298 APPEALS BOARD MEMBERS CERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SQUTHOLD, L.I., N.Y. 119'71 Administrator TELEPHONE (516) 765-1809 TO: Victor Lessard, Building-Department FROM: Jerry Goehringer, Chairman DATE: May 5, 1987 SUBJECT: Appeal No. 3383 Anna Pacifico and Mario Malerba Conditional Decision Rendered March 10, 1986 In response to your inquiries today, this letter will confirm that our file indicates no activity since our March 10, 1986 decision and response from the Suffolk County Department of Planning received April 3, 1986. It does not appear that the Conditions have as yet been complied with. A copy of our conditional approval is attached for your record as requested. lk DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLKS PETER F. COHAkAN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN OIR ECTOR OF PLANNING April 1, 1986 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Virginia Hairston Anna Pacifico ~ Alice D. Currie 3196 3383 3454 Very truly yours, Lee E. Koppelman Director of Planning S/s Gerald G. Newman Chief Planner Southold Town BOard of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ. OOUGLA$S JOSEPH H. SAWICKI Pursuant to Article XIII of the Suffolk'County Charter, the Board of Appeals of the Town of Southold, New York, here~y refers the following to the Suffolk County Planning Commission: x× Variance from the Zoning Code, Article III , Sectionl00-31,Bulk Sched. and Article XI, Section 100-119.2 Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section ~ Special Permit Appeal No.: 3383 Applicant: ANNA PACIFICO and MARIO MALERBA Location of Affected Land: 1250 Blue Marlin Dr., Southold, N.Y. County Tax Map Item No.: 1000- 53-05-034 (also known as Lot 913, Map of "Southold Shores" Map No. 3853 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage --Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct addition with insufficient sidevard setback, addition wi]] ~×~d ma×. p~m~ ~ l~ coverage and perr~ission to construct addition with insufficient setback from wetlands Copies of Town file and related documents enclosed herewith for yoUr review. Dated:M~rch 25, 1986 ~ Secretary, Board of Appeals January 28, 1986 Re: Anna Pacifico - Appeal G~nt]emen: No. 3383 For your review and consideration, I enclose correspondence from the Board of Town Trustees regarding the above referenced. please make same a part of your records. Thank you. Zoning Board of Appeals Southold Town Hall lO Southold New York 11971 PAUL A. CAMINITI POST OFFICE BOX 992 MAIN ROAD Corner BECKWITH AVENUE SOUTHOLD, NEW YORK 11971 Phone: (516) 765-1401 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1092 January 3, 1986 Mr. Paul A. Caminiti Attorney-at-Law 54075 Main Road P.O. Box 992 Southold, New York 11971 Re: Anna Pacifico Swimmin~ Pool~ Deck & Gazebo Dear Mr. Caminiti: Please be advised that the Board of Trustees have reviewed the file for the above referenced and determined that they have no jurisdiction in regard to this matter, during their regular meeting held on December 26, 1985. If you have any questions or need additional information, please do not hesitate calling this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of/Town Trustees Ilene Pfif~erling Clerk to Board of Trustees HPS:ip cc: Building Dept. Trustees File BOARD OF TOg'N TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1692 January 3, 1986 Mr. Paul A. Caminiti Attorney-at-Law 54075 Main Road P.O. Box 992 Southold, New York 11971 Re: Anna Pacifico Swimming Pool~ Deck & Gazebo Dear Mr. Caminiti: Please be advised that the Board of Trustees have reviewed the file for the above referenced and determined that they have no jurisdiction in regard to this matter, during their regular meeting held on December 26, 1985. If you have any questions or need additional information, please do not hesitate calling this office at the telephone number listed above. Very truly yours, Henry P. Smith, President Board of/Town Trustees Ilene Pfifferling c Clerk to Board of Trustees HPS:ip cc: Building Dept.~ Trustees File REPLY TO: S u~'~'OLK OFFICE 54075 MAIN RD. COR. BECKWITH P.O. BOX 992 November 26, 1985 Mr. Gerard Goehringer, Chairman Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Appeal No. 3383 ~ Anna Pacifico Dear Mr. Goehringer: In reference to the above and in furtherance of conversation had with your secretary yesterday, I forward to you an amended Notice of Disapproval from the Office of the Building Inspector. Please note that we would like to amend our application to include a variance for wetland set-back, Article XI, Section 100-119-2B concerning the location of the swimming pool. Approval for construction of the swimming pool was granted by the DEC as noted in my application. Mr. Hindermann also makes reference to the Wetlands Ordinance~ Chapter 97~ Article II~ Section 97-20. I am presently requesting a determination from the Trustees whethe we require their approval. The area is bulkheaded and we are optimistic nothing further will be .required by them. If you require additional information or have any questions concerning this application, please feel free to call me. Very tF.t/iy urs, ri ' " PAUL ~ AMINITI PAC:sel Enc. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated... ~.~..C..~. ..... .~. ......... 19.?..5~. for permit to COt¥~.~ ~d.C~.~../~..~.' .C.~,,. ~.~.~ .~.O.~ ................ at Location of Property. ('.~ .~ ~.... ~/~.~. ~tl~. ~' ..... ~(--~.. ~... House No. Steer Hamlet CountyTax ~ap No. I000 ~tion . ~ ..... Block .. ~ ~ ...... ~t ~.~ ...... Subdivision ~[~ ~Filed Map No ................. Lot No.~.[ ~ ........... is returned herewith and~roved on the following grounds ~0~...~ .~. ~~./. o...~z~.~... ~7~-~.~.. ~7.. ~.Z~ ................ ~. ........ ~...~.~...~ ........ ~ . . ( ~ ..... 4~. . . ~ ~¢z ~ (v . .~/~. ....~ . . ~/~P 77 ~~ ~- z~ ..-:.---ga RV 1/80 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Updated Report Re: Appeal No. 3383 - Anna Pacifico July 18, 1985 Variance applied for: for (2) lot coverage. (1) sideyard setback and July 19, 1985 Letter from ZBA to Mr. Caminiti asking for additional documentation and for Mr. Caminiti to advise the board whether he wishes to incorporate additional variance relief requested if so determined by the Building Inspector as to setback of fence and pool from highwater mark (Less than 75 feet), Art. XI, Sec. 100-119.2. 8/20/85 Mr. Caminiti sent letter to ZBA advising survey is being prepared with additional requested information. 8/28/85 Mr. Caminiti sent letter to ZBA submitting requested surveys, and advising ZBA he is awaiting response from Building Inspector Hindermann as to the requirements of Art. XI, Sec. 100-119.2. 9/26/85 ZBA awaits reply from Mr. Caminiti as to whether Art. XI, Sec. 100-119.2 is under consideration in this variance application.(before advertising legal notice of hearing date in newspapers). REPLY TO= MAIN RD. COR. BECKWITH P.O. BOX 992 NEW YO~K CIT~ OFF~CE August 28, 1095 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Appeal No. 3383 - Anna Pacifico Dear Mr. Goehringer: Supplementing my letter to you of the 19th, please be advised we have complied with the required notice to neighbors and adjacent property owners and proof service has been filed with your office. At this time I am submitting three (3) copies of the survey dated August 26, 1985 from ?econic Surveyors & Engineers, P.C. setting forth all the requirements you requested in your letter of July 19, 1985 in items (a), (b) and (d). In reference to item (c) of the same letter, please be advised that I spoke to Mr. Hindermann and he indicated that he considered the gazebo as part of the deck and not a separate addition. He indicated that he would discuss this matter with your office so that item (c) could be eliminated from the requirements. I am waiting for a response from his office concerning the balance of your letter referring to Article XI, Section 100-119.2 of the Zoning Code. Please don't hesitate to contact me if you require additionl infor- mation. PAC:sel Enc. cc: Mario Malerba APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SrlUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 March 21, 1986 Paul A. Caminiti, Esq. P.O. Box 992 Main Road Southold, NY 11971 Re: Appeal No. 3383 Anna Pacifico (Variances) Dear Mr. Caminiti: Enclosed piease find a copy of the official findings and determination recently rendered by the Board of Appeals and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for their authoriza- tion of any new construction, or for other written documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to: Building Department Suffolk County Planning GERARD P. GOEHRINGER C.~,IRMAN . / a · Kowal ski Secretary Commission REPLY TO: B4075 MAIN RD. COR. B£CKWITH February 20, 1986 N~'~V YORK CIT~ OFFiC~ I3B COURT STREET BROOKLYN. N.Y. ]IZOI-BBB? (7~8) 643-1800 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal No. 3383, Anna Pacifico Dear Mr. Goehringer: This is to advise you that Mr. Mario Malerba is seriously ill, and at the present time is in the hospital. He is expected to be released within the week, and I hope to have the information that you requested by the end of the month. In the meantime, we are actively pursuing the obtaining of an ease- ment from Southold Shores Association, and will keep you advised if an agreement is reached. PAC: sel Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 5OUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS February 6, 1986 GERARI~ '~.)GOEHRINGER, CHAIRMAN S. E · O. R.A. CHARLES GRtGONiS, JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLAPJkTION ROBERT J. DOUGLASS JOSEPH H. SAWICKI Notice of Determination of Non-Si(Jnificance APPEAL NO.: 3383 PROJECT NAF[E: ANNA PACIFIC0 This notice is issued pursuant to Part 617 o£ the implementing ~egulations pertaining to Article 8 of the N.Y.S. l[nvironmental Quality Review Act of the Environmental Conservation Law and Local I,~w #44-4 of the Town of Southold. This board determines the within project not to have a signi£i-- cant adverse effect on the environment for the reason:; ~ndicated b(: ] ow. Please take further notice that this declaratiol~ :;hould not be considered a determination made for any other departm,~nL or agency which may also have an application pending for the sa;m~ ;~r simila~ t~l:oject. TYPE OF ACTION: [ ] Type II [ Y~ Un]ist~_~d [ ] DESCRIPTION OF ACTION: Variance for appr0va] of structu, res which violate: (a) sideyard setback[s], (b) lot-coverage require- ment, (c) setback from wetlands. LOCATION OF PROJECT: Town of Southold, County of Suffolk, more F, articularly known as: 1250 Marlin Drive, Southold Shores, S0uth0]d. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been :~ubmitted which indicates that no signif[cant adverse effects to the environment are likely to occur should this project be imple- n~nted as planned; (2) The relief requested is landward of an existing bulkhead. (3) Information has been submitted by applicant or his agent indicating this this project will not involve the disturbance of wetland grasses or areas subject to flooding which may now be considered wetland area. BI. dE tv1ARDIN Lot Area "19'06~' DRIVE Lo! I~ pE¢ONI¢ BAY DISTtOOO SECTo$$ EL o5 L. OT $~ ~IBOIVI$ION MAP FI£ ED IN THE OFF/CE THE CLEHK OF $UFFOK COUNTY ON AU~. ~9~ 1965. AS FI£E N0. $8~$ STAKE SURVEY FOR ANNA PACIFICO LOT NO. /St 'SOUTHO~D SHOR£S' AT AHSHAMOMAOUE TOWN OF SOUTHO£D SUFFOLK COUNTY, NEW YORK DATE SCALE: NO NOTE~ /. SUFFOLK COUNTY TAX MAP, OlST/ooo SECTORS Bt os LOTS4 2, ~DIVISI~ ~FI~ED IN THE ~FI~E SURVE.Y FOR II/ViVA P/IC/F'/CO lOT NO. IF, 'SOUTHOLD SffORES' AT ARSHAMOMAOUE ?OWN OF SOUTffOLD SUFFOLK COUNTY, NE.W YORK DATE SCALE NO. APRIt 9, 1984 1"--.:70' 84~ - 311 YOUNG e, YOUNG RIVE. RHEAO,NE.W ¥ORK. I II & '~1 HOWARDW. YOUNE,LANOSURVEYOR I . ~ N,~S. LICENSE ~.4589~ NOTICE 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 SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, FEBRUARY 6, 1986 and as follows: 7:35 p.m. Appeal No. 3432- JOHN AND JOYCE HOLZAPFEL (Recessed from 1/9/86). 7:40 p.ml Appeal No. 3446- MARGERY D. BURNS. Variance to the Zoning Or- dinance, Article VII, Section 100-70(C) (1) for permission to construct accessory inground swimming pool upon premises known and referred to as 53245 Main Road, Southold, NY, presently zoned "B-I" General Business; identified on the Suf- fplk County Tax Maps as District 1000, Section 61, Block 01, Lot 008.1. 7:45 p.m. Appeal No. 3196- WALTER HAIRSTON, (Estate of). Variance to the Zoning Or- dinance, Article Ill, Section 100-31, Bulk Schedule, for ap- proval of two 'parcels (with ex- isting dwellings) having insuffi- cierlt area, width and depth. Location of Property: V~st Side of Carroll Avenue, Peconie, NY; identified on the Suffolk Coun- ty Tax~ Maps as District 1000, Sectiofl 74, Block 3, Lot 10. 7:50 p.m. Appeal No. 3454- ALICE D. CURRIE. Variance to the Zoning Ordinance, Arti- cle III, Section 100-31, Bulk Schedule, for permission to con- struct addition with an insuffi- cient rearyard setback at 1815 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-06-019.1. 7:55 p.m. Appeal No. 3443.- FREDERICK W. KOEHLER, JR. Variance to the Zoning Or- dinance, Article Ill, Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 575 Old Harbor Road, New Suf- folk, NY; County Tax Map Parcel No. 1000-117-3-6. 8:00 p.m. Appeal No. 3444: JOSEPH AND FRANCES GRASSO. Variance to the Zon- ing. Otdina~cg Aa2ficl~ ~'I S~ tlt~l lO0-32.g!ld~ ~rt!gIe X! Sec- fiOfi 100-119;2; for pern~ssion to locate accessory storage building in the sideyard area and with an insufficient setback from wetlands, at 7145 Soundview Avenue, Southold, NY; County ~lhx Map Parcel No. 1000-59416-003. 8:05 p.m. Appeal No. 3448- RIVERSIDE HOMES, INC. Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for per- mission to locate new dwelling with insufficient front and rear yard setbacks. Location of Pro- perty: East Side of Private Road (off the south side of Soundview Avenue), Peconie, NY; identified on the Suffolk County Tax Maps as District 1000, Section 59, Block 9, Lot 18. ~-'"~:10 p.m. Appeal No. 3383-{ ANNA PAC1FICO. Variances I to the Zoning Ordinance, Ar- I ticles: (a) III, Section 100-31, i Bulk Schedule for permission to construct addition with an in- ' sufficient sideyard setback. (b) ~ Ill, Section 100-31, Bulk Schedule for permission to con- ~ struct addition which exceeds i the maximum-permitted 20% lot coverage requirements, (c)XI Section 100-119.2 (B) for permis- sion to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive, Southold, NY; County 'Fax Map Parcel No. 1000-53-05-034, (also known as Lot No. 13, Map of "Southold ShoresF Map No. 8:20 p.m. Appeal No. 3421- JOSEPH ZIELONKA (ES- TAIE OF). Variance to the Zon- ing Ordinance, Article III, Sec- tion 100230 and Article XI, Sec- tion.100-ll8, for permission to utilize premises located in this 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 lraveler-Watchman once each week for. / weeks successively, commencing on the ......... ~.~.~..~'. ~ ...... day qf:...~ ...... 19 . .c~.. Sworn to before me this ........ ............. ~ ~ day of 19 .c~..~.. Notary Public BARBARA FOR 515S Legal Notices LEGAL NOT~CE ~ 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 b~ BOARD OF APPEALS at the sS~oseUthold Town Hall, Main Road, · uthold, NY at a Ragular Meet, mg commenc/ng at 7:30 p.m. oh THURSDAY, FEBRUARy 6, 1986 and as follows: 7:35 p.m. Appeal No. 3432 - JOHN AND JOYCE HOL~ ZAPFEL (Recessed from 1/9/86). 7:40 p.m. Appeal No. 3446 ~ MAHGERY D. BURN& Vari. ance to the Zoning Ordinance, Article VII, Section 100-70(C)(1) for permission to coustruct ac~se: sory reground swimming pool upon premises known an~'refer- red to as 53245 Main Road, Southold, NY, presently zoned "B-I" General Business; iden.. tiffed on the Suffolk County Tax Maps as District 1000, Section 61, Block 01, Lot 008.1. 7:45 p.m. Appeal No. 3196 - WALTER HAIRSTON, (Es- tato of). Varianc~ to the Zoning Ordinance, Article HI, Section 100-31, Bulk Schedule, for ap- proval of two parcels (with exist. lng dwellings} having insuffi- cient area, width and depth. Lo. cation of Property: West Side of Carroll Avenue, Peconic, NY; identified on the Suffolk County Tax Maps as District 1000, Sec. tion 74, Block 3, Lot 10. 7:50 p.m. Appeal No. 3454 - ALICE D. CURHIE. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to con- struct addition with an iusuffi. cient rearyard setback at 1815 Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-59-06-019.1. 7:55 p.m. Appeal No. 3443 - FREDERICK W. KOEHLER, JR. Variance to the Zoning Ordi. nance, Article III, Section 100-32 for permission to locate tennis court in an area other than the required rear yard at 575 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3.6. 8:00 p.m. Appeal No. 3444 - JOSEPH AND FRANCES GRASSO. Variance to the Zon- ing Ordinance, Article DI, Sec. t/on 100-32 and Article XI, Sec. fion 100-119.2, for permission to locate accessory storage building in the sideyard area and with an insufficient setback from wet- lands, at 7145 Soundview Av- enue, Southold, NY; County Tax Map Parcel Ng. 1000-59-06-003. 8:05 p.m. Appeal No. 3448 - RIVERSIDE HOMEB, INC. Variance to the Zoning Ord/. nance, Article III, Section 100- 31, Bulk Schedule, for pennis. sion to locate new dwelling with insufficient front and rear yard setbacks. Location of Property:. East Side of Private Road (offthe ~outh side of Soundview Av- roue), Pecan/c, NY;/dent/fled on .he Suffolk County Tax ,Maps a~ )istrict 1000, Section 59, Block ~, Lot 18. 8:10 p.m. Appeal No. 3383 - ~,NNA PAC1FICO. Variances'--] o the Zoning Ordinance,-Arti~Jt fcles: (a) ~ection 100.3~. oulk'~ SehedulWpermiscLa to con- struct add,,ion ~,~ an i~uffi- cient sid~y~ ~tback, (b) III, ~tion 1~31, Bulk ~h~ule for ~i~ion W co~t~ct ad~- tion which exce~ the m~im~-~it~ 20% lot ~verage ~u~men~, (c) ~ ~ion 1~-119.2(B) for ~is-~ sion ~ ~ct a~i~on wi~ an ins~cient ~thack from wet,~ lan~. ~ation affably: 1250 Blue M~lin Drive, ~u~old, NY; County Tax Map Pardi No. 10~-53-05-034, (al~ known ~ ~t ~13, M~p of "~uthold Sho~s," Ma No 385 8:20 p.m. Appel No. 3421 - JOSEPH ZIE~NKA (ES- TATE OF). Va~an~ ~ the ~n- lng Ordinan~, ~icle HI, ~- tion 10~30, and ~cle XI, ~c- tion 1~-118, for ~i~ion utili~ premiss l~a~d in A-~sidential and A~cultural ~uing District for two B-Light B~ine~ ~ in addition ~ two dwelling ~s. ~tion of ~p- e~y: 27475 Main ~ad, Cu~h- o~e, NY; Catty T~ Map Par- ~l No. 1~0-102-01-13. 8:25 p.m. Appel No. 3431 - GAIL DESSIMOZ ~D MICHAEL RACZ. Valances · e ~uing ~inance, A~icle XI, ~tio~ 100-11~E) and 100- 119.2 for: (a) ~lssion W va~ and exp~d existing non- ~nfo~ing ~bin (~est ~t~ge wi~out ki~hen faciliti~) c~ng 5~ ofv~ue and ~uam f~e of~ ~ exist, ~d (b) ~i~ion to ~nst~ct addition ~ existing non~o~ing cabin within i00 feet of bi.along ~e ~ Island ~und, p~mises ~wn ~ 4255 ~va~ ~ad ~10 (Hall~k ~ne), Mattituck, NY; Catty Tax Map Dis~ict 1000, ~ction 112, Bilk 01, ~t 004. (Hea~ng ~ fmm De- cem~r 12, 1985). ~e Bo~ ofAp~als ~ll hear at ~id time and place all ~ns dealing ~ ~ hea~ ni each of the a~ve mat~. Writ~n ~m- men~ may ul~ ~ submitt~ p~or ~ ~e ~ncl~ion of the being in question. For more fo~ation, please call 765-1809 (alt. 1802). Da~: Janu~ 21, 1986. BY O~ER OF ~E SOUTHOLD ~WN BOA~ OF APPEA~ GERARD p. ~EHRINGER, CHAI~AN 1TJ30-5143 STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) Mary K. DEqnan ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the. 3 0 deyof January 1986 Sworn to beforeFme thle --~ ~ AI~r~ NI~ABATE ~ Southold Town Board of Appeals MAIN ROAD- -~TATE ROAD 25 5OUTHOLD, 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: Please find enclosed herewith copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, L.I. Traveler-Watchman, Inc. and Suffolk Weekly Times, Inc. indicating the time and date of your recent application with the Board of Appeals. Someone should appear in behalf of the applicant at the public hearing in the event there are questions from board members or persons in the audience. If you have any questions, please do not hesitate to call our secretary, Linda Kowalski, at 765-1809 (or if no answer, 765-1802). Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk Enclosure STATS OF NEW YORK I COUNTY OF SUFFOLK JUSTICE COURT I TOWN OF SOUTHOLD THE PBOPLE OF THE STATE OF NEW YORK against ANNA PACIFICO, I De fend·hr. I INFORMATION DOCKET NO. ACCUSATION BE IT KNOWN THAT by this Information, CURTIS W. EORTONw Building Inspector o£ the Town of Southold, as the Complainant herein, accuses ANNA PACIFICO, residing at 90 Broadway, Cit,yw New York 11040 with violations of 1 Cottnt 011 Sect,ion 100-143 of the Co~e of the Town of Southold (Occupyin~ an· using · one famxly Swelling without obt,aining & Certificate of Occupancy). ',Count Section 100-141 of the Code of the To~n of 8outhol~ {Conmtructed an above grcund porch~ without obtaininq · Building Perm~t]. Count, 041 Sect,ion 100-141 of the Code of th~ {Conlt~cted an ) and outdoor ining a Bulldinq Permit), Sect,ion 100-141 of the Code of t,he ~ of Southold (Conltructe~ an lo~lw'thout ermit). Count, 058 Soot, ion 100-30 C (2) (a) of the Code of the Town of Southol...~_,~ {Constructed an in~ ~rou~d fvinuing pool w~thout ~clos[ng sene with a fence and gate,.}. Count Section 100-32 of the Code o~ the ?own of $outhold (('.onstruote~ an po- ch deck) a build~ng (enclosed bar) i~ the side yard area). On August 8, 1983, the Building Inspector of the Town of Sc,,thold ialuld Building Permit No. 1246Z to Gaetano Rague& to "construct a one family dwelling" at defendant's premises located at 1250 Blue Marlin Drive, 8outhold, New York (Suffolk County Tax Map ~esignationl District 1000~ Section 05?, Block 01, Lot 34). On or about Septe~ber 13, 19B4, CURTIS W. HORTON, a Building Inspector of the Town of So~thold caused an ir~lpection to be performed on the premiles owned by Anna Pacifico and f~andl th~ defundent was using and occupying the one family dwelling on the aforesaid premisel without first obtaining a Ce=t.~ficate of Occupancy from the ~uilding Department of the Town of 8outhol~. On September 13, 1984~ CURTIS W. HORTON, else found the defen- dant had constructed an above ground porch (wood duck) a building {enclosed bar), an outdoor fireplace, and an in ground sw~m~_/.ng pool w~thout first obtaining a Building Permit f=om the Bull~/J~g Department of the Town of Southold. Portions of ~he above g~ound porch (wood dlck) and building (enclosed bar) are located in the easterly side yard area of the defendant,s property an~ are les~ than three (3) fee~ from the easterly lot line of defendant,s property~ allc=ontrary to the prov~sions of the Code of the Town of Southo~d in such case made and provid~d. FACTS and provided. The i~ ground swimming pool contained water and was not enclosed with any fence or gate all contrary to the prov~liOnl Of the Code of the Town of Southold in such case made and provided. The above allegations of fact are made by the Complalltant herein on direct knowledge and upon information and belief with the sources of the Complainantes information and th~ gounds for his belief being facts contained in the files of the Building Inspector of the Town of Southold. WHEREAS, Complainant prays that a c=iminal su~anons be issued directing the defendant, ANNA PACIFICO, to appear before thai Court. Sworn to before me this day of September, 1984. Curtis W. Horton, Complainant Building Inspector Town Justice Town of Southold Suffolk County, New York Copies of the Legal Notice to the following 1/28/86: Suffolk Times (Personal delivery) LI Traveler-Watchman (Personal delivery) Mrs. Margery D. Burns, Main Road, Southold, NY 11971 Mrs. Virginia Hairston, 1675 Carroll Avenue, Peconic, NY 11958 Mr. and Mrs. Lawrence Currie, 68 West Fenimore St, Valley Stream, NY 11580 Mr. Joseph Grasso, 1726 Meadow Lane, East Meadow, NY 11554 Mr. James Gray, Southold, NY 11971 Mr. Frederick W. Koehler, Jrt, Box 293, New Suffolk, NY 11956 Riverside Homes, Inc., P.O. ~ox 274, Riverhead, NY ll901 Paul A. Caminiti, Esq., Main~Road, Southold, NY 11971 (Pacifico) Mr. John Wickham, Main Road, Cutchogue, NY 11935 (Zielonka) Mr. Douglas Peix for Racz & Dessimoz, 208 Fifth Ave, NY, NY 10010 Charles Matthews, Esq. in opposition, Box 800, Huntington, NY 11743 Town Clerk Bulletin ZBA Bulletin Board Building Department ZBA Individual Files ZBA Members Board JUDITH T TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18,1985 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. 3383 application of Anna ~acifico for a variance. Also included is NOtice to Adjacent Property Owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; DEC Permit; Disapproval from the Building Dept.; Fire Underwriters Certificate; certification of Cesspools; fencing proposal; and survey. - ~/~dith T. Te~ry~' ~ Southold Town Clerk Southold Town Board of Appeals MAIN ROAD- gTATE ROAD 25 gOUTHOLD, L.I,, N.Y. 11=J71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH R. SAWlCKI July 19, 1985 Paul A. Caminiti, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3383 - Anna Pacifico Dear Mr. Caminiti: This letter is being directed to you with the assumption that you are the attorney for the applicant, Anna Pacifico. In reviewing the application which was filed late yesterday afternoon, the board requested the following information which is necessary at this time before site inspections by the board: (a) (b) (c) (d) the exact square footage certified by a surveyor or licensed engineer certifying the total square footage of the existing structures and all proposed construction [inclusive of decks, pool, fenced-in yard areas, dwelling, accessory structures if any] and the percentages of the total lot; the exact distances at the varied points of the new construction under consideration at its nearest and farthest points to the side line and the setback of the fence to the rear property line and wood bulkhead at its nearest point; copy of Notice of Disapproval concerning the gazebo and any other construction which was not disapproved under the July 12, 1985 Notice of Disapproval by Building Inspector Hindermann, if these structures are to be considered in this appeal; please indicate on survey the exact setback of both side yards, and indicating the total sideyards [code requires l0 and 15, for a minimal total of 25 principal buildings]. for Page 2 Paul A. Caminiti, Esq. Re: Appeal No. 3383 - Anna Pacifico It has also been noted that the setback of the fence and pool from the high water mark is less than 50-75 feet from the highwater mark (and bulkhead), and additional appl.ications may be necessary pursuant to Article XI, Section 100-119.2 of the Zoning Code. Please check with the Building Department and their attorney as to their position under 100-119.2, and please let us know whether or not you wish to amend your application accordingly. 'Yours ~y truly, GERARD P. GOEHRINGER~ ~y Llnoa cc: Building Department Richard F. Lark, Esq. REPLY TO: SUFFOL~ OFFICE 54075 MAIN RD, COR. BECKWlTN P.O. BOX 992 peals Town ot Soulhold August 19, 1985 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Appeal No. 3383 - Anna Pacifico Dear Mr. Goehringer: We acknowledge receipt of your letters of 3uly 19, 1985 and August 12, 1985 and the contents have been noted. We have requested Peconic Surveyors and Engineers for a survey reflecting the required information as set forth in your letters and as soon as it is received it will be filed in your office. We will also comply with the required notice to neighbors as suggested in your letter with a proof of mailing affidavit. Please don't hesitate to contact me if you require additional information. Thank you. Very truly ou s,- · PAUL~. 2AMINITI ~ / PAC:sel APPEALS BOARD MEMRERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS .JOSEPH H, SAWiCKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 August 12, 1985 Paul A. Caminiti, Esq. Main Road Southold, NY 11971 Re: Appeal No. 3383 - Anna Pacifico (Mario Malerba) Dear Mr. Caminiti: In researching town records concerning the above application, it has been noted that the adjacent property owner to the east of these premises identified on the Suffolk County Tax Maps as Section 57, Block O1, Lot 35, has not been notified by certified mail in accordance with Section 100-125 of the zoning code. Please check with the Assessors Office to confirm the current owners' names and mailing addresses as shown on the current tax rolls, and submit the completed Notice to Neighbor Form, together with certified mail, postmarked receipt, and affidavit of mailing. Also, may we have the status of our July 18, 1985 request in order that we may keep the public informed. Thank you for your assistance and cooperation. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski CC: Building Department Richard F. Lark, Esq. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~ ~ DATE ...Z.~I;B=~. .............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .....Anrza..1).a.~if.i~.o. ............................ of ...J..2. ~0....B..1...u..e.....M..a...r..1..i...n.....D..r...i..v...e. .................. Name of Appellant Street and Number Southold NY ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 7/15/85~OR: Addit$on WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ...................... An ha.. ~...a..~..i..f...i..c..o.. ........................... Name of Applicant for permit of 1250 Blue Marlin Drive Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD addition to house consistinq of house and gazebo 1. LOCATION OF THE PROPERTY .t2.~.g.....Blue Marlin Drive A-1 Street and Hamlet Zone ............................ ~!g.q~...Q~.,...lot g.~ ......... OWNER(S): AP~a.?~ifig~ ........... /Hop No. Lot No. ............ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article TTZ , Section 100-31 3 TYPE OF APPEAL Appeal is made herewith for (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. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (b~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ( ) (,~) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reasonthat we would like to obtain permission for construc- tion of an additon to rear of house consisting of wooden deck, and fence around a pool and a gazebo that lack the necessary side yard setback and distance from the house due to the fact that DEC required me to install pool 65 feet landward of tidal wetlands. Fm~n ZB! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the property is located on Peconic Bay and subject to the regulations of the Department of Environmental Conservation. I was required to install my pool measuring l$X36 feet a minimum of 65 feet landward of tidal wetlands as shown on the attached survey. A permit was obtained from DEC and the pool installed. Because of the DEC requirements the pool is located only 15 feet from the rear of my house. The area was subsequently completely landscaped and a ground level wooden deck was constructed for access to the pool. A gazebo was also built as part of the deck and is one foot over the property line on the East which property is owned by Southo]d Shores Association. The work is completed at a cost of approximately $13,000. 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 the property is a corner lot surrounded by Blue Water Drive on the North, Peconic bay on the South and vacant land on the East which is owned by Southold Shores Association. The entire deck including the gazebo and pool is approximately 2400 sq. ft. which together with the dwelling (3812.6 sq. ft.) amounts to approximately 5500 sq. ft. which is just about 29% of the lot coverage. There is empty ]and on 2 sides of the house which wi]] always remain empty. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE C~tARACTER OF THE DISTRICT because of the waterfront nature of the area. There are marinas and inlets throughout Southold Shores and the coverage of the lot area does not affect anyones property or change the character of the district. You can not build either to the South or the East of the house and the pool area and deck can not be seen from the street. To the best of my knowledge there is no objection from anyone as to the continued use of my pool and deck. I believe the house and deck are tastefully built and adds to the improvement of the neighborhood. STATE OF NEW YORK ) ~ COUNTY OF]~'z'~'~ .... -~ ss ................................ Sworn to this c~c~,~ ?c~ )., ,~' .................... T.T: ...................... day of ......... ~.,.C:=:~.J ...................... 19 ~ D ~'~THY MONTALBANO :Public, State of New York No. 41-480470~ Ouellfled in Oueens County rnn~|sslon Expires March 30, Ig'~_ TOWN OF SOUTHOLD the Matter OT' the Petition of : Anna Pacifico : Beard of Appeals of the Town of Southold : TO: Southold Shores, Inc. P.O Box 263 Southold New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest ~Special Exception) (Special Permit) (Other) [¢±r¢.1e cho±¢e] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: 1250 Blue Marlin Drive Southold: New York 11971 3. That the property which is the subject of such Petition is located in the following zoning district: A_I Agriculture/Residential 4. That by such Petition, the undersigned will request the following relief: Permit to construct addition to premises consisting of deck and gazebo without proper side yard setback in excess of 20% coverage/ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sect.ion 100-31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (5'16) 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 TraveleroMattituck 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: $-19-$5 Owners ' Names: Anna lracifico Post Office Address 1250 Blue Marlin Drive Southold, NY 11971 Southold Shores, Inc PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P.O. Box 263 Southold, N.Y. 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: ~ L,J ~ , being duly sworn, deposes and says that~n the ~ day of ~ ~t..a~z a :ir'7 ,19 ~ ~ , deponent mailed a true copy of the Notice set forth on the re- ve~ side her~f, dire~ed to each of the above-named persons at the addresses set opposite thor respective namm; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current as~msment roll of t~e Town of Southold; that said Notices were mailed at the United States Post fice~ ~ ~ ~t~ ~ . ~ IA that said Notices were mailed to each of said persons by ~) (r~i;[er.d)-m~i,.- Sworn to.ore me this day of~, 19 ~1~ FITZGERA~ ~ ~bl~, ~ate ~ N~r~~ / ~mi~lon ex~ March (This side does not have to be completed on form transmitted to adjoining property owners.) ~OF APPEALS, TOWN OF SOUTHOLD : in the Matter oY the Petition of : Anna Pacifico : to the Board of Aooeals of the Town of Southoid : TO: Mr. Murray Weitman, President~ Southold Shores Boat Basin, Inc. 1150 Blue Marlin Drive Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [c±rcle cho±ce] ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribedas follows: __._J~0_ Elue Harl±n Dr±v~ .qnn~hnl~; ~l~,a Ynrk 11971 3. That the property which is the subject of such Petition is located in the following zoning district: A-I Aqrl m~ 1 ~ur~./R~.qi d~nt i a ] 4. That by such Petition, the undersigned will request tl~e following relief: Permit to construct addition fro pr~m~s~n onnc~e~ing of ~_eck anr~ g~l~n ~,i~,,~ ~ ~4~ ,,~r~ ~h~k in ~v~ ~ 20% coverage. 5. That the provi%~ of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ~e ~ ~ [00-31 [ ] ~cMon ~-A, ~w Yo~ To~ Law for approval 0f access over right(s)-of-way. 6. T~t within five ~ys from the date here~, a written Petition requesting the relief s~cified above will be fil~ in the S~tho~ Towa C~k% ~ice at ~in Road, Southold, New York and you may then and thee examine the sa~ during*egular e~ce hour. (516) T6~809. 7. That before lhe~elief sera&hi way be ~anted, a public hearing must be held on the matter by the Board of ~,ppeais ~ a~efi~e efsuch,tm.a~b~u..~t be published at least five days prior to the date of such ,hea~i~gin~he'~ffalk ,l'~a~e~,a~d ;~a ~l~e~ ~lm~l T~av'~er-Mattituck Watchman, newspapers published in the T, owla~f~,taml~l~t~ff~,ef such notices; that you or your representative have the Petitioner 0wners'Names: Post Office Address Anna Paci~ico 1250 Blue Marlin Drive PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL REC~-IPTS ADDRESS P 637 497 713 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDE0 NOT FOR INTERNATIONAL MAIL (See Reverse) P., Stat d I · Postage Restricted Oelivery Fee Return Receipt Showing Dar of Delivery q' .t,.. 'vv_ STATE OF NEW YORK ) COUNTY OF SUFFOLK) '"'~o0 ,: C,L~3'~,~ , being duly swor[% deposes and say[ [hat%, the I F day of '- ~ ,19 _~.~._, deponent mailed a true copy of the Notice set forth on the re- verse side he(deof, diYected 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- Sworn to before~l'~ this tc~ day of ~t~/ / ~,1~ C~mi~ion E~ir~ March ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT' the Petition of Anna Pacifico to the Board of Appeals of the Town of Southold : TO: Mr. Murray Weitman 1150 Blue Marlin Drive Southold, New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest a~(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1250 Blue Marlin Drive Southol~: ~w Vark llqT1 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A-1 Agriculture/Residential 4. That by such Petition, the undersigned will request the following relief: Permit to construct addition to pr~r~ise~ con~i.~t~ng and gaz~h~ w~h~,~ ~r~er side yard setback coverage. $. That the provisions of the $outhold Town Zoning Code applicable to the relief sought by the under- signed are Article TTT Section 100-31 [ ] Section 280-^, New Yo~k Town Law fo~ approval of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition re,questing the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road $outhold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 7-1~-85 Petition-'~r ' // Owners' Names: Anna Pacifico Post Office Address 1250 Blue Marlin Drive So,]thold: NY 11~71 NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 637 497 720 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, an Delivery _... STATE OF NEW YORK ) COUNTY OF SUFFOLK) the current assessment r~oll.~f the Towr~ of Southold; ~r t ified~-egis t e r ed )mail. '\ "~/~ ~..~.~.~ U ,beingduly~w~)-rn, depos~s and ~l~s that on the ' ;~ day of ' ' ~:~)..~_~ ,19 [~,_'~;' , deponent mailed a true copy of the Notice set forth on the re- verse side he~eof, dirttcted 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 that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by (This side does not have to be completed on form transmitted to adjoining property owners.) Nip STAIE DEPARTMENT OF ENVIRONMENTAL CONJATION PERMIT 10-84-0286 UNDER THE ENVIRONMENTAL CONSERVATION ARTICLE 1~, (Protection of Water) ~ AgTICLE 2S, (Tidal Wettands)~ ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PERA~IT ISSUED TO ADDRESS OF PER~ITTEE Anna Pacifico 1250 Blue Marlin Drive Southold, NY 11971 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Southold Bay DESCRIPTION OFPROJECT Construct an 18 ftx 36 ft swinuning pool a minimum of 65 feet landward of tidal wetlands. Excess excavated material shall be placed landward of the existing bulkhead. COMMUNITY NAME (City, Town, Village) Southold Southold FIA COMMUNITY DAM NO. COUNTY Suffolk PERMITEXPIRATION DATE I June 30, 1985 GENERAL t. The permittee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention ID commence work at leasl 4a hours in advance of the time of commencement and shall also notify him promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized represenlalive of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by Ihe execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nalure, and by whom. ever suffered, arising out DJ the Ixoject described herein and has agreed to indemnify and save harmless the State from suits, actions, damages and costs DJ every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so Ixescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7'. That if future operations by the State of New York require an alteralion in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the Jree navigation DJ said waters or flood fl~w~.or endanger the health, safety or welfare DJ the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Deparl- ment to remove or alter the structural work, obslructions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby aulhorized shall not be compleled, the owners shall, without expense to the State, and to such extent and in such time and manner as the Department of Envlronment,~l Conservation may require, remove all or any portion of the uncompleted ~lructure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 9s.~o4 (9/7s) CONDITIONS 8. That the State of New York shall in no case be liable for any damage or Iniury Io the structure or work herein aulhorized which may he caused by or result from future operations undertaken by the State for the conservalion or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damaBe. 9. That if the display of lights and signals on any work hereby authorize~ is not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be inslalled and maintained by and at the expense of the owner. 10. All work carried our under this permil shall be performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If Rranted under Arlicles 24 or 25, the Department reserves Ihe right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify Ihis permit in such a manner as may be found ID be just and equitable. If upon the expiration or revocation Of this permit, Ihe modification of the wetland hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may ~equire, remove all or any portion of the uncompleted structure or fill and restore the site to ils former condition. No claim shall be made against the Slate of New York on account of aoy such removal or alteration. 12. This permil shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform Ihe permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, [ands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of Ihe Environmental Conservalion Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas huvlog Special Flood Hazards - Building Permits) and in fiD way signifies that the project will be free from floo~ing. 15. By acceptance of this permit the permtttee aRrees that the permit is contingent upon strict compliance with the special conditions on the reverse side. (SEE REVERSE SIDE) SPECIAL CONDITIONS SPECIAL CONDITIONS A THROUGH J, ALSO M ATTACHED. PERMITISSUEDATE May 18, 1984 USACE PERMIT ADMINISTRATOR JADDRESS BLDG. 40, SUNY @ STONY BROOK,NY 11794 1000744 THE ,NEW. yORK BOARD [-~ 85~:OHN,ST.E;T. NEW Da~ .Jalluar~ 3 '7T985 ' Jpplicat~n No. on f THIS CE~IFIES THAT , ~lerba, Blue hrlin Drive, Grem~i N~Y.' S~RVI~ OTHER APPARATUS: 1-G,F,~. (Sw-inrain$'P~ol) This certificate Because of unusual euviromgents it is msde by a qualified person. Richard Relyem P. O. Box 372 Iaut-el, N.Y[ 11948 This certificate must not be altered in any manner~ return to the BONURA & SONS IRON'~ORKS, INC. 367-369 Linden Street BROOKLYN, NEW YORK 11237 (212) 381-4100 & 381-4747 Page No. l~es ; STREET JOB LOCATION · ARCHITECT I DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: I{~ ~-----~' ~~'~ ~)~rllPlllt~ hereby to furnish~,,,~.material)L~},~ I"'"~'~:~'T~-~'jand labor -- complete in accord~hj~ aboVedollars ($specificati°ns' I ~1 .-.~ "f°r the~sum of:). All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation f~om above specitlca, Arrepta~e o[ ~roposal.-The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Pay, m~nt will be made as outlined above. Date of Accepta.ce: ~-~.~.~,--t,~,',~ ~ ,~l~ Signature I may be within ~ days· CUSTOm CE::SSI:'OOI. S 298-9660 CESSPOOLS - EXCAVATION - BULLDOZER - CRANE SERVICE FILL - BACKHOE SERVICE P.O, BOX 1132 MATTITUCK, N,Y, 11952 Health Department Ref. No,/~30-//5~' Name of Applicant ~_ ~O /~J~ Phone Address /~N/-~Z~ ~D,~~'~ ~ ~. ~jr~ ~/~ Property location ~/.S ,~[~ ~~ ~, / Subdivision.~z~JA'~ Lot NO. Type of system installed: Septic Tank Type (~precast~ equivalent, block) Leaching pools /~/ Number~z~l_~Of~pr~ pools Type block) I hereby CERTIFY that the.private subsurface sewage disposal system described above has been installed according to current criteria of the Suffolk County Department of Health. Date ~///1~/~'~/ Signature ~-~.~ -/ Title The ~;.Y.S. [nv~ronmental Quality ;<(:¥i,:w /,~(:t roll~]r;:s sub- 'mission of this ~t~m, and an envir'onmen[al iew will be made by this boal~!ff before any action is ta SMORT r_NVLRO,~,,:E~IT.~L ASSESS,~ENT .F~'~ (a) In ord-'r to answer the questions in this short gAP iN is assuaged that the preparer will use currently available ~fo~%ion conce~ln~ the project and l~ely ~c%s of the action. I: is no: e~ec%ed ~= addi~iona~ s=udies, r~sea~ch or o:her investigations w~i be ~der%aRen, (b) If any quesUion ha~ been answered Yes the proJec~ ~y be si~ifican~ and a completed Envirommen~al Assessment Fo~ is neces:ary. (c) If all questions have been answered No i: is l~ely t~: %his projec~ nc} slgnifican%. (d) ~viror~ental Amsemsment 1. W~i proJec: res~% in a large physical %o %he proJec: site or physically al%er more ~n 10 acres of land?· · · · · , , , , , . Tee X 2. Will there be a major change to any unique or unusual land form found on the si:e? · · . · Yes ~ No 3. Will project alter or have a large effect on an existing body of water? , , · , , · , · · Yea X No Will project have a potentially large lmpac~ on groundwater quality? · , · · · · · · , · · Yes X NO ~. Will project significantly effect drainage fl~w on adjacent sites? · · , · · · · · · · · Yes X Nc 6. Will project affect any threatened or endangered plant or animal species? o , , , , , , · · · Yes X No 7. Will project result in a major adverse effect on air quality? · , · · · · · , · · · Will project have a major effect on visual cham- acter of the co~muni~y or scenic views or vistas know~ to be important ~o the com.~unity? , · · Yes X No Will project adversely impact any site or struck- ute of historic, pre-~is~eric, or paleontological importance or any site designated as a critical environmental area by a iocal agency? , · · Yes X No 10. Will project have a major effect on exioting or future recreational opportunities? · · · ,, Yes, X No 11. Will project result in major traffic problems or cause a major effect to existing transportation Yes X No 12. Will project regu/arl7 cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? · Yes ~ No 13. Will project have any impact on public heal%h or safety? Yes X 1~. Will project Affec~ ~he exl~uing community by directly causing a e. rowth in permanent popula- tlon of more t?,an 5 percent over a one-year period or have a maior.;uegative effec~ on tY, e charact~ of the co~.~,~i%~ > neAgn~orhoo~?. · Yes X ~o , ,, ~ ~/Y // . ~ I Pacifico QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751--7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] [ ] 3. [ ] 4. [ ] 5. [ ] Ix] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area, Permit for construction of swimming pool dated 5-18-84 attached. Please be aware that any and all subdivisions and new dwellings will also require an applicatlon to the N,Y.S, Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion, This questionnaire is made to explain the requirements of this State Law and to prewnt any unnecessary delays in processing your application(s). FORM NO, 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ,,, ': ~? ~?GO? 1,03,3, i: qoor-,O:t, Ot, S '?,' O.°,R5 Dollars File No ................................ ~.%~&....,0....~.... !~..~.~. ~. ........ PLEASE TAKE NOTICE that your application dated ~-~.& . .a~ '~ .... , 19 ~ for em:t to construct ~ e~~ ~ , ~~.. at ~ · .~ .... ~. .... , .... = ..... :...~ . · . . Location ofProperty ~;~.. ~.~ "~t~ ~~.,,m[,~ County Tax Map No. 1000 Section ... ~. ~ ~ .... Block ....... I ....... ~t ..... ~.~ ..... Subdivision ................. Filed Map No ................. ~t No .................. is returned herewith and disapproved on the follow~g ~ounds ~ ~..~..~. (.~ :. ~ I ~.~. ~,~~.~.~. q..~.. ~.. ~.. ................. ~ ............................. ~. ... ~'~ ~ .................................................................... ..... 4 Bu~d~g Inspector ~ JOANN MALERBA ,~/~ 19-~ 885