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Home My WebLink About3480 Southold Town Board o£Appeals MAIN ROAO- STATE: ROAO 25 SOUTNOID, L.I., N.Y. 11c~71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3480 Application Dated March 6, ]986 (Public Hearing May ], ]986) TO: Mr. and Mrs. Vincent Casa [Appellant(s)] 72-6] ]]3th Street Forest Hills, NY ]]375 Mr. Arthur Siemerling, as agent At a Meeting of the Zoning Board of Appeals held on MaN 28, ]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 for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section ]00-]]9.2(A) [ ] Request for Application of VINCENT AND JOANN CASA for a Variance to the Zoning Ordinance, Article XI, Section lO0-119.2(A) for permission to locate swim- mingpool with deck and fence enclosure within 100 feet of bluff along the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms Inc., Subdivision Map #2, Lot #115, East Marion, NY; County Tax Ma kPar- cel No. 1000-30-2-58. WHEREAS, a public hearing was held and concluded on May l, 1986 in the Matter of the Application under Appeal No. 3480, of VINCENT J. CASA; and ~ WHEREAS, the board familiar with the premises surrounding areas; and members have personally viewed and are in question, its present zoning, and the WHEREAS, at said hearin9 all those who desired to be heard were heard and their testimony recorded and transcribed; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located along the north side of The Strand Road, East Marion, is identified on the Suffolk County Tax Maps as District 1000, Section 30, Block 2, Lot 58, and is known and referred to as Lot #115, Subdivision Map of "Pebble Beach Farms. 2. The subject premises consists of a total area of 26,500 square feet, more or less, with frontage along The Strand of 77 feet and lot depth of 360± feet, and average buildable lot depth of 238± feet. The premises is improved with a single-family one-story frame house and garage structure set back 69.8 feet from its nearest point from the front (southerly) property line, 12.4 feet from the east side line and 7.5 feet from the west side line. 3. By this application,appellant requests permission to con- struct an 18' by 36' inground swimmingpool with deck areas, set back three feet from the west side line and approximately 50 feet from the average line of bluff as shown by sketched survey amended April 23, 1981 and filed with this application. The pool and deck areas are shown to be unattached to the existing dwelling. (CONTINUED ON PAGE TWO) DATED: June 2, 1986. CHAIRbtAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3480 Matter of MR. AND MRS. VINCENT Decision Rendered May 28, 1986 CASA 4. Article XI, Section 100-119.2, sub-paragraph A(1) requires all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred (100 feet from the top of the bluff or bank. 5. Included in the board's rev ew is a written report from the Suffolk County Soil Conservation Service, U.S. Department of Agriculture, dated April 3, 1986, indicating that this bluff area has experienced severe erosion problems within the last few years. 6. It! is the opinion of the board members that (a) the pool should be located as far back from the bluff edge as possible, with the long axis parallel to the bluff in order to keep as much weight as possible back(away)from the bluff edge; (b) any draining of the pool or discharge should be piped toward the south of the property and not over the face of the bluff; (c) all water runoff, (including irrigation, etc.) should be piped toward the south of the property and shall not drain over the bluff areas. In considering this appeal, the board finds and determines that in locati~ng the long axis of the proposed construction parallel to the house and bluff: (a) the variance will be minimal and not substantial in! relation to the zoning requirement [20% of a variance], (b) there will be no substantial change in the character of the district; (c) the circumstances are unique; (d) that the practical difficulties under these circumstances are sufficient to warrant the granting of a variance; (e) the interests of justice will best be served by allowing the relief, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLV:ED, that a Variance for permission to construct accessory pool with deck and fence enclosure within lO0 feet of the Long Island Sound Bluff, B!E AND HEREBY IS APPROVED in the Matter of the Application of VINCENT J. !CASA, Appeal No. 3480, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool and deck areas be not closer than l0 feet to the westerly side property line; 2. That the pool and deck areas be unattached to the dwelling and be constructed not closer than 80 feet from the bluff line at its nearest point; 3. That the pool and deck shall not be linked to the house or house decks; : 4. There be no drainage over the bluff area of any water (from the pool, rain, irrigation, etc.) into the Sound; 5. All fill must be placed landward of the bluff; 6. Pool-deck construction shall remain open and unroofed; 7. Exterior lighting shall be shielded to this parcel not affecting other properties and shall be of a low-profile type (no over- head lighting); 8. Fencing should be of chainlink type. Vote of the Board: Ayes: MeSsrs. Goehringer, Grigonis, Douglass and Sawicki. This resolution was duly adopted. Doyen , T. gf~n Cler.~ To~vm cz nou~ c ' June 2, 1986 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 the Southold Town Hall, Main Roads Southold, NY at a Regular Meeting co'mmencing at 7:30 p.m. on THURSDAYs MAY'l, 1986~ and as follows: 7:36 p.m. Appeal No. 3399 ~'C. BRUCE AND ANNE STAIGER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedules for approval of two parcels having insufficient lot area~ Width and depth and as described in Deeds at Libers 3362 cp 53~ and 5676 ~ 213, located at the east side of Wells Road, Peconic, 'NY; County Tax Map Parcels No. 1000-86-2-4 and 5. 7:40 p~m. Appeal No. 3396 - GARY'DOROSKI for a Variance to the Zoning Ord~nance~ Article XI, Section lO0-tl9.2(B) to locate pool within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recessed from 4~3/86) 7:45 p.m. Appeal No. 3479 = JOHN P. SGOUROS for a Variance to the Zoning Ordinance, Article I}~ Section 100-31~ bulk Schedule for approval of two parcels known as Subdivision Lo.ts #22 and #23, ~Stars Ma~or'~ Subdivision Map No. 3864, approved by the Planning Board 9-19-1963, ha~i~ng insufficient area, width and depth, ~located along the West Side' of Stars Road, East Marion, NY; County Tax Map Parcels No. 1000-22-2-20 and 21. 7:50 p.m. Appeal No. 3480 ~ ~INCEN~T AN~D'JOAN~N CAS~A for~ Variance to the Zoning Ordinance, Article XI~ Section 00-1-19.2(A) for permission to locate swimmingpo°l with deck and fence enclosure within lO0~feet of bluff along the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms Inc. Subdivision Map #2, Lot #115~ East Marion, NY; ~...~County Tax Map Parcels No. 1000~30-2-58. ~ 7:55 p.m. Appeal No. 3486 ~ ROBERT JOHNSEN for a Variance to the Zoning Ordinance, ~rticle III, Section 100-31, Bulk Schedule for approval of ~nsufficient lot area of proposed Parcel #4 in thcs ~end~bg four-lot minor subdivision located along the soa~h s}de of Sound View Avenue, Southold; County Tax Map Parcels No. 1000-68-4-2 and 3. Page 2 - Notice of Hearings Regular Meeting of May l, 1986 Southold Town Board of Appeals 8:00 p.m. a Variance to the for permission to Appeal No. 3490 HARRY AND SANDRA HURLBURT for Zoning Ordinance~ Article iii, Section 100-32 locate accessory storage shed in frontyard area. Location of property:' Private Road, Fishers Island, NY; bounded north by Walker, West.by Spofford, south by Private Road, east by Private Road and Sorenson; County Tax Map Parcel No. 1000-3-2-10. 8:05 p.m. Appeal Not 3468 ~'ROBERT J. LONG for a Variance to the Zoning Ordinance, Article III, Secti.on 100=31, Bulk Schedule, for approval of parcel ~n this proposed set-off division of land having.insufficient area and depth, located along hte North Side of Main.Road, East Marion, NY; County Tax Map Parcel No. 1000-31-4-15, containing 11.912 acres. 8:10 p~m. 'Appeal No. 3471 ~ NICHOLAS TSIRKAS (Recessed from 4/3~86)~ 8:20 p.m. Appeal No. 3489 ~ PAUL LEARY for a reversal of decision of building inspector for a nullification of actions by the Building D6p~tment t~iSs~e a modified Permit and Demoli- tion Permit, and that tb~ property owners be left to regular procedures of law in making application for a Demolition Permit and for a Construction Permit on proper plans, to be allowed only after review by the Board of Appeals, and in accordance with all other provisions of law. N~melof]Owners and Location of Property in Question: FRANK AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No~ 1000-117-10-2~.7. 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. Written comments may also be submitted prior to the conclusion of the hearing in question. Eor mone information~ please call 765=1809 (alt. 1802). Dated: April 2, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday~ April 24, 1986 and forward two affidavits of publication on or ~e ore pr~ th to: Board of Appeals, Main Road~ Southold~ NY 11971. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ................. ~ 19 ~k~ PLEASE TAKE NOTICE that your application dated ....~. ~~ .~.' ....... 19 .~ ¢.. for permit to ......................... Location of Property ~ ~. ~. O ~ X~.~ ,.~-~V. ~ ' House No. Street Ham/et County Tax Map No. I000 Section ... ~.~.~. .... Block ..... ~ ~ ..... Lot . .~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..~'~. ~..~.~.. !.~:.~(~....~~ .... ~.~.~..~~ ~ ...... ..... ..... ~~.~...~.~ .,n:.t~.~;~>.. : ....... ~~..~1~ Building Inspector RV 1/80 'FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-180:3 Examined ................ ; 19 ... Approved ................. 19... Permit No ............ Disapproved a/c ...................................... Received ........... ,19... (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 ;ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ar areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this 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 wi/1 issued a Building Permit to the applicant. Such permit shall 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 shall 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 ~ ~lding Zone Ordinance of the Town of Southold Suffolk County New York, and other annlicable Laws Ordinances or R~ulatzons, for the construction of buildings, addztions or alterations or foi' removal or demolilSon as herein described T;~t,~e apphcant agrees to comply with all applicable laws ordinances build, ihg ,~de hous,mg cod~; and regulations and to · admit authorized ~nspectors on premises and m bmldmg for necessary ~nspe~t{or{s ' · ........ /,~,,.'~.-t;p %1 ..... ~ ....... : .... I ........... (Signature of ~pplicant, or nam_~e, if a corporation) · . .. (Mailing address of applicant) tare whether applicant is owner, lessee; chitect, engineer, general contractor, electrician, plumber or builder. owner of premises . . .,.-.-..~.~.-.~....~.'... .~:.O. ~' ....................................... (as on the tax roll or latest deed) .>licant is a corporation, signature of duly authorized officer· (Name and title of corporate officer) Builder's License No .......................... Plumber's License No ......................... Electrician's License No.. .............. Other Trade's License No...o.../ ................ llouse Number Street Hamlet County Tax Map No 1000 Section ~,,.~. ~ O Block. ~2 ............ Lot.. ' ' .... 7';" ..... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: Existing use and occupancy ...... , ~).~.~.: ...........'-:...5~' .... , ..... ,3// ............. ,./~ ...... / ..... lntended't ,~, Cff~/~:-~~ -7 .2c.r~;~- ~.~ '/' -- ,-~-/Z ' ~ /'~ !-b. se and occupa,,,., ...~.~:__ ......'..7.: .... >"/F' . . .//. .... '.....~../~.~ ././.(_~. a .//. /,.~ffff.. ~, //..//..~'...,. 3. Nature of work (check which appticable)- New Buildin* Addi*;~,n ^, .... ~i ~ Repair .. . Removal Demolition Other Wor ~;~/~x ' / :?<~ (Description) 4. Estimated Cost ~ .~[ ....................... Fee ...................................... ~ (to be paid on filing this application) 5. If dwelling, number of dwelling units .......... ..... Number of dwelling units on oa~ eh floor ................ if garage, number of c~s .. :: .................................................................... 6. ~ busmess, commercial or mixed occupancy, specify nature and extent of each type of use ........... ~ ......... 7. D~ensions of existing structures, if any: Front .... 5~ >~. ...... Rear .. }( .~ ........ Depth..:~ .< .......... Height ............... Number of Stohes ... ~..-:. ............... Dimensions of same structure with alterations or additions: Front ...... ~ ...... Rear .. ~ ........... Depth ...................... HeiSt Number of Storms .......... .~_. .......... 8. Dimensions of entire new construction: Front ~ Rear ~- Depth Height ............... Number of Stories ........................................................ 9. Size of lot: Front ....... ~.~ ........... Rear .... ~.~ .......... Depth & ? / I. Zone or use ~istfict in which premises are situated.. ,~*:5.Z ............... ~. 2. Does pmpm~d construction v~olate any zoning law, ordinance or reeulation .~' <. '~ ........................ 3. Will lot be fegraded ...~v.ff~ ......... ., ......... Will excess f~ql be removed from oremises: Yes ¢. NmneofOwnerofpremisesd~9~,~ ~f~'/? Address~/~ ~:~9 ?,/~ p~_~x~ Name of Architect .......... : ................ Address .5 ...... ~ .......... Phone No ................ Name of Contractor ~j~,}..~<~.: ..... i - Address .~9~../;tL~I. aY~Z','Z~¢, Phone No.,9.~4~;~ .... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and, indicate all set-back dimensions from -operty lines. Give street and block number or description according to deed, and show street names and indicate whether ten:or or corner lot. /['" t ~x'~ c~ ~}~-~ ~-- 'ATE OF NEW YORK~ ...... (Name of individual signing contract) ore named. being duly sworn, deposes and says that he is the applicant ' is the (Contracto[, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file tiffs 31ication; that alt statements contained in this application are true to the best of his knowledge and belief; and that the ,rk will be performed in the manner set forth in the application filed therewith. om to before me this 7,2 .day of ~9~ ........ , 19. tau Public, ../:~ ... ~ .... -~ ..... County ......... ¢ ................... k~_t~q it ~[ v0£ f (Signature of applicant) RECEIVED TOWN OF $OUTHOLD, NEW YORK ~AR 0 ~ 1986 APPEAL FROM DECISION OF BUILDING INSPECTOR To~t~ Clerk Southok~ APPEAL NO. TO THE ZONING BOARD OF APDEALS, TOWN OF SOUTHOLD. N, Y. 4 ,, ~ ...... :~J.~:x~::5..:...G.~s.~. ......... o, ............. ~.c ......... ~..~,..~ ............ Street and Number ,, ~ Name of Appella,nt ................. ........ -/~unicipality THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............................. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipali~ State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 5 ~. ~oc~,ON o~ ~.~ ~O~Y ~ Street Use District on Zoni~ Map .~...~.~ .................................... ~C.~. ............ ~ ~ Mop 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.) 3. TYPE OF APPEAL Appeal is made 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. PREV1OUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~'0/' A Variance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical d ffcu t,~ O( unneces- sary HARDSHIP because 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 3. The Vanance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because - " ~ *i Z STATE OF NEW YORK ) ~..~-~,¢ ,, ~¢-~¢~,L.~'~ J COUNTY OFC~o(~'~:)~ ) ~'~ture Sworn to this /~¢ o/~ %~..~ ........................... ~. .................. day of .............................. 19 ~4-~ DEPARTMENT-DATA FOR APPROVAL TO C&NSTRUC T SURVEY FOR VINCENT J. CASA a JOANN CASA LOT 115~ "MAP OF PEBBLE BEACH FARMS" AT EAST MARION 'TOWN OF SOUTHOLD ~SUFFOLK COUNTY, NEW YORK ~ORD CARD OWNER STREET VI LLAGE FORMER OWNER N E S W SEAS. RES. VL, FARM COMM. CB. MICS. BUILDING Mkt. Volue LAN D IMP. TOTAL Tillable / ,Woodland DATE REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH /~ V~ BULKHEAD Me~dowbnd House Plot ~otal COLOR ~ h,-f ~-~ ~Li.A ~Z TRIM Extension Extension Breezeway Both Floors Interio~ Finish Foundation Basement Ext. Wails Fire Place Type Roof Recreation Room Dormer [. Heat Garage II ~'2. o --'~- ~L) J, ~ Rooms ]st Floor Patio Rooms 2nd Floor O, B. Driveway Total Dinette LR. DR. FIN. B Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1609 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 2, 1986 Mr. and Mrs. Vincent Casa 72-61 ll3th Street Forest Hills, NY 11375 Re: Appeal No. 3480 (Variance) Dear Mr. and Mrs. Casa: Enclosed please 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, either our office (765-1809) or (765-1802). please do not hesitate to call that of the building isspector Yours very truly, Enclosure Copy of Decision to: Building Department Southold Town Trustees Suffolk County Planning Commission Skinny Dip Pools, Inc. (as agent) GERARD P. GOEHRINGER · Kowalski Secretary BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 April 9, 1986 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Appeal No. 3480 (Variance) ~ Dear Mr. Goehringer: Transmitted herewith for your review and records is a copy of the recent determination rendered by the Bay Constable regarding the above captioned matter. Should you have any questions or concerns, please contact this office. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Clerk to Board Attachment cc: Mr. Arthur L. Siemsrling Mr. & Mrs. Vincent J. Casa (with copy of determination) Building Dept. FIELDREPORT - POLICE DEPT., TOWN OF SOUTHOLD, N.Y. Central Complaint No. I Hemlet of Oct. t Sector Grid No. T~me ~ ..... ] ~.~ ]~Exc~tionallvCleared POTS :2 - Continuation Report Attached? {3 Yes t~.,,~ing Officer ~ ~ Shield No. Form PDTS 1 ~'/ BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 February 5, 1986 TELEPHONE (516) 765-1892 Mr. Arthur Simerling Box 108 Mattituck, New York 11952 RE: Vincent J. Casa Swimming Pool Dear Mr. Simerling: Pursuant to your Notice of Disapproval from the Building Department regarding the above referenced matter, please be advised that I have reviewed the documentation submitted to this office and I am familiar with the subject location and it is determined that the Trustees do not have jurisdiction in regard to this matter. -- Thank you for your courtesy and consideration. We look forward to serving you in the future. your s, ery P. Smith, President Board of Town Trustees HPS:ip cc: Building Dept. / Zoning Board of Appeals Trustees File COUNTY OF SUFFOLK PETER f. COHALAN SUFFOLK COUNTY EXECUTIVE SOIL AND WATER CONSERVATION DISTRICT April 3, 1986 STANLEY A, PAUZER DISTRICT MANAGER Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer: In response to your request to review Appeal No. 3480 - Vincent J. Casa, I am forwarding to you a report prepared by David Bell, USDA Soil Conservation Service. If you need any further information or have any questions, please contact me. Yours truly, District Manager Enclosure 127 EAST MAIN STREET RIVERHEAD. NEW yOF~K 11901 (~16) 727-2315 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE-127 East Main Street, Riverhead, New York 11901 April 3, 1986 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, New York 11901 Dear Stan: On March 25, 1986 Thomas McMahon (Senior Soil District Technician) and I made a site inspection at the residence of Vincent J. Casa on The Strand at Pebble Beach Farms in order to service the request made by the Southold Town Board of Appeals. The owner is proposing to build a swimming pool on this lot which is located at the top of the bluff. According to the Suffolk County Soil Sur- vey the soil on the site is mapped Plymouth loamy sand 3 to 8 percent slopes. This soil consists of deep, excessively drained, coarse-textured soils that formed in a layer of loamy sand, or sand over thick layers of stratified coarse sand and gravel. Inclusions mapped with this series include small areas of Riverhead, Carver and on the moraines Montauk loamy sands. The Montauk soils often have a weak fragipan. This section of bluff has experienced severe erosion problems within the last few years. In June of 1982, Tom McMahon made a site inspection on the lot adjacent to the east (30-2-60) which at the time was owned by Mr. & Mrs. Paul (and Jean) Blower. The landowners had requested recommendations for erosion problems experienced that June. The erosion problem that Tom investigated for the Blowers extended to the west to the property currently owned by Casa. The situation from the 1982 report is as follows: "After three days of rain which produced approximately 11-12 inches of rainfall a large blowout or gully formed which extends from the top of the bluff and down the face to the toe of the bluff. The blowout deposited approximately 24 inches of silt and loamy sand on the beach and also undermined a newly constructed staircase, which caused it to collapse. It appears the gully formed due to over bank runoff flowing down the bluff face, hydrostatic pressure within the bluff, and the apparent existing bluff erosion (at the toe)." In conversation with Tom McMahon it was reported that he visited the site some- time during March of 1983 to see if any stabilization work had been done. Dur- ing this visit he observed more serious erosion on the bluff face. On March 25, 1986 the following observations were made at the Casa residence. The ground elevation in the back yard slopes away from the house to about the mid point between the house and the bluff. From the mid point in the yard to the edge of the bluff the elevation increases by a few inches. During small rainstorms runoff could pond the low area and infiltrate into the ground. Large storms have the potential to fill the depression and spill runoff over the bluff face. Mr. Stanley A. Pauzer - 2 - April 3, 1986 AnJextensive stand of phragmites was observed growing on the face of the bluff. This plant is an indication of extremely wet conditions as it is normally found in fresh water marsh conditions. The presence of phragmites indicates a fresh water seep on the face of the bluff. Water infiltrating on the top of the bluff percolates through the soil until a barrier such as a clay lens or fragipan is incurred, then the water flows toward the bluff face and seeps out. Two problems are associated with the backup of water by an impervious layer. 1.) The water adds appreciable weight to the bluff thereby increasing the hydrostatic pressure on the bluff. 2.) The water backed up by the lens saturates the soil thereby reducing the load-bearing capacity of the soil. The combination of these 2 factors can cause the bluff to slough off from the top. Irrigations systems were observed on both of these lots. Irrigation could aggravate these problems by increasing the water content of the soils. Erosion of the bluff at the toe of the slope (bottom of the bluff on the beach) by wave action from large storms is the other type of erosion occurring at this site. As the toe of the bluff is removed, the weight from above causes the soil to slide down the slope as the bluff seeks the natural angle of repose. Increasing the weight at the top of the bluff with structures, or by adding water to the soil profile increases the potential and severity of erosion problems. A structure such as a swimming pool has the potential to aggravate these erosion problems. The closer the weight is to the edge of the bluff, the greater the pro- blem. If erosion problems on this site are not reduced, and the swimming pool is built, as the edge of the bluff gets closer to the pool, the potential to aggravate the erosion problems, because of its large mass, is greater. The north end of the proposed pool and deck is approximately 50-55' from the edge of the bluff as presently proposed. Recormmendations: Swin~nin~ Pool - #1. If a pool is to be built it should be located as far back from the bluff edge as possible. Rectangular pools should be orientated so that the long axis is parallel to the bluff in order to keep as much weight as possible back from the bluff edge. Locating the pool as far back from the edge as possible will give more years of useful life. ~2. When emptying or partially draining the pool, the discharge should be piped to the south, not over the face of the bluff. Erosion Control - #1. Stabilize the toe of the bluff with bulkheading. Regrade the bluff face to a maximum 2:1 slope. Vegetate the disturbed areas with American beach- grass. #2. Eliminate overbank runoff by constructing a small earthern berm along the top of the bluff. The berm should be 12-18 inches high and 4-6 feet at the base. #3. Reduce hydrostatic pressure within the bluff by constructing a surface water inlet structure at the low point in the lawn area. Outlet the structure to a lower elevation in the front yard. ~4. Also install inceptor drainage (a tile drain system) to fur- ther reduce the hydrostatic pressure and seepage. The tile drain should be out- letted away from the bluff face. #5. Eliminate all irrigation at the site. Landscape the lot with plant materials which are adapted to the natural conditions at the site. If there are any questions, please contact me. Sincerely, David K. Bell, Soil Conservationist Southold Town Board of Appeals MAIN RnAD- BTATE RI'lAD 25 5nUTHI3LD, 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 June lO, 1986 Mr. and Mrs. Vincent Casa 72-61 ll3th Street Forest Hills, NY 11375 Re: Appeal No. 3480 (Variance) Dear Mr. and Mrs. Casa: Transmitted herewith for your record is a copy of the recent response received from the Suffolk County Department of Planning pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LE;~ E, KOPPEI. MAN Town of Southold Board of Appeals June 9, 1986 Applicant: Mun. File No.: S.C.P.D. File No.: Vincent & Joann Casa #3480 SD-86-11 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, 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: The swimming pool/decking should be situated no closer than 80 ft. from the bluff line. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning by. Gerald G. Newman Chief Planner 11788 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H~ SAWlCKI TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: ×× Variance from the Zoning Code, Article ×I , SectionlO0-119.2 (A) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3480 Applicant: Mr. & Mrs. Vincent Casa Location of Affected Land:lB40 The Strand, Pebble Beach Farms, County Tax Map Item No.: 1000- 30-2-58 Within 500 feet of: Town or Village Boundary Line East Marion,NY ×× 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 or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to locate swimraingpool with deck and fence enclosure within 100 feet of bluff along~ the Long Island Sound Copies of Town file and related documents erlclosed for your review. Secret~ary, Board ~'f Appeals- Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 2.5 c:rlUTHOLD, L.I,, N.Y. llg?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS MayL1, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION 1986 JOSEPH H. SAWICKI Notice of Determination of Non-Si~nificancn APPEAL NO.: 3480 PROJECT NA~[E: VINCENT J. CASA This notice is issued pursuant to ~art 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 envfronment 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: tX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Var~.~e for permission to locate swimmingpool with deck and fence enclosure within 100 feet of bluff along L.I.Sound LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: 1840 The Strand, Pebble Beach Farms inc. Subdivision Map #2, Lot #115, East Marion, N.Y. 1000'30-2-58 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; (2) Location of proposed pool and fence enclosure is at an eleva- tion of more than 50 feet above mean sea level. (3) Location of pool is more than 45 feet from bluff area. FOR FURTIIER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall Southold, NY 11971; tel. 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. ]k NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to Section 267 of the Town Law and the Cede 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 Read, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, MAY 1,1986, and as follows: 7:35 p.m. Appeal No. 3399 -- C. BRUCE AND ANNE STAIGER. Variance to the Zon- ing Ordinance. Article IR, Sec- tion 100-31, Bulk Schedule, for approval of two parcels having insufficient lot area, width and depth and as described in Deeds at Libers 3362 cp 53, and 5676 cp 213, located at the east side of Wells Read, Peconic, NY, County Tax Map p~rcels No. 1000-86-2-4 and 5. 7:40 p.m. Appeals No. 3396 -- GARY DOROSK1 for a Vari-, ance to the Zoning Ordinance, Article XI, Section 100-119.2(B) to locate pool within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recessed from 4/3/ 86). 7:45 p.m. ~peal No. 3479 JOHN P. SGOUROS for a Vari- ance to the Zoning Ordinance, Article HI, Section 100-31, bulk Schedule for approval of two par- cels known as Subdivision Lots #22 and #23, "Stars Manor" Subdivision Map No. 3864, ap- proved bY the Planning Board 9- 19-1963, having insufficient area, width and depth, located along the West Side of Stars Read, East Marion, NY; County Tax Map parcels No. 1000-22-2- 20 and 21. /'~ 7:50 p.m. Appeal No. 3480 [ VINCENT AND JOANN \ CASA for a Variance to the ZOn- \ lng Ordinance, Article XI, Sec. I lion 100-119.2(A) for permission / to locate swimmingpool with/ / deck and fence enclosure within 4\ 100 feet of bluff along the Long ~ Island Scund, premises known as [ 1840 The Strand, Pebble Beach ! Farms Inc. Subdi{ision Map~2, / Lot #115, Bast Marion, NY, / County Tax Map Parcels No. ~ 1000-30-2-58. 7:55 p.m. Appeal No. 3486 -- ROBERT JOHNSEN for a Variance to the Zoning Ordi- nance, Article III, Scction 109. 31, Bulk Schedule for approval of insufficient lot area of prop. osed Parcel #4 in this pending four-lot minor sudivision located along the south side of Sound View Avenue, Scuthold; County Tax Map Parcels No. 1000-68-4-2 and 3. 8:00 p.m. Appeal No. 3490 -- HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage shed in frontyard area. Location of Property: Private Read, Fishers Island, NY; bounded north by Walker, west by Spofford, south by Private Road, east by Private Road and Sorenson; County Tax Map Parcel No. 1000-3-2-10. 8:05 p.m. Appeal No. 3494 PORT OF EGYPT ENTER- PRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate marine fuel storage tank structures m this"C-Light Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Read, South- old, NY; County Tax Map Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 8:10 p.m. Appeal No. 3468 ROBERT J. a Vari- Article Ill, Section 109.3L Bulk Schel~e, for approval of parcel in ~ropesod set-off division of la~aving insufficient area and depth, located along the North Side of Main Read, East Marion, NY; County Tax Map Parcel No. 1000-31-4-15, con- taining 11.912 acres. 8:15 p.m. Appeal No. 3471 -- NICHOLAS TSIRKAS (Reces- sed from 8:20 p.m. Appeal Nof'~4~9 -- PAUL LEARY for a reversal of decision of the buildinginspector for a nullification of actions by the Building Departme~t~. to issue a modified Permit an~'De- molotion Permit, and that the property owners be let~ to regular procedures of law, to be allowed only after review by the Board of Appeals and in accordance wish all other provisions of law. Name of Owners and Location of Prop- erty in Question: FRANK E. AND MARY BROPHY, 75 SOc- ond Street, New Suffolk, NY; County Tax Map Parcel No. 1009.117-10-20.7. The Board of Appeals will hear at said time and place all persov, s or representatives desir- lng to be heard in each of the above matte~. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more in- formation, please call 765-1809 (alt. 1802). Dated: April 3, 1986. BY ORDER OF THE soUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TA24-5224 STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ~,=~_h~__~ C~:_=ck of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper. published at Greenpo~t. in the Town of Southold, County of Suffolk and 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 on~ weeks successively, commencing on the 24 dayof April 19 86 Principal Clerk Sworn to befo~ me this ~ / ,/ ,/) , NOTICE OF HEARING 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 AP- PEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting com- mencing at 7:30 p.m. on THURSDAY, MAY 1, 1986, and as follows: 7:35 p.m. Appeal No. 3399 - C. BRUCE AND ANNE STAIGER. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of two parcels hav- ing insufficient lot area, width and depth and as described in Deeds at Libers 3362 cp 53, and 5676 cp 213, located at the east side of Wells Road, Peconic, NY, County Tax Map Parcels No. 1000-86-2-4 and 5. 7:40 p.m. Appeal No. 3396 - GARY DOROSK1 for a Variance to the Zoning Or- dinance, Article XI, Section 100-119.2(B) to locate pool- within 75 feet of wetlands. 425 Monsell Lane, Cutchogue. (Recesed from 4/3/86) . 7:45 p.m. Appeal No. 3479 - JOHN P. SGOUROS for a Variance to the Zoning Or- dinance, Article Ill, Section 100-31, bulk Schedule for ap- proval of two parcels known as- Subdivision Lots no. 22 and no. 23, "Stars Manor" Subdivision Map No. 3864, approved by the Planning Board 9-19-1963, hav- ing insufficient area, width and depth, located along the West Side of Stars Road, East Marion, NY; County Tax Map Parcels No. 1000-22-2-20 and 21. : 7:50 p.m. Appeal No. 3480 - INCENT AND JOANN \ SA for a Variance to the oning Ordinance, Article XI, etlon 100-19.2(A) for petrols: sion to locate swimmingpool with deck and fence enclosure within 100 feet of bluff along( the Long Island Sound, premises known as 1840 The Strand, Pebble Beach Farms Inc. Subdivision Map no. 2, Lot \ no. 115, East Marion, NY; County Tax Map Parcels No. 1000-30-2-58. 7:55 p.m. Appeal No. 3486 - ROBERT JOHNSEN for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule for ap- proval of insufficient lot area of proposed Parcel no~ 4 in this pending four-lot minor subdivi- sion located along the south side of Sound View Avenue, Southold; County Tax Map Parcels No. 100-68-4-2 and 3. 8:00 p.m. Appeal No. 3490 - HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance, Article 111, Section 100-32 for permis- sion to locate accessory storage shed in front yard area. Loca- tion of Property: Private Road, Fishers Island, NY; bounded north by Walker, west by Spof- ford, south by Private Road, east by Private Road and Soren- [ son; County Tax Map Parcel No. 1000-3~2710. ~ 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 ........... .c~. (. ~ .... Sworn to before me this ..................... 8:05~p.m. Appeal No. 3494 - PORT OF EGYPT ENTER- PRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permis- sion to locate marine fuel storage tank structures in this "C-Light" Industrial Zoning District with an insufficient set- /...c~.. ~..~..~-~-~...~' back from landward edge of ~..~ .... . tidal wetland and from Ordinary ...................... "highw~)er.m~a~r~ at 6230 Main Notary Public ROgd; South'old, NY; County BARBARA FORBES ~.lotary Public, State of New York No. 48068~6 Qualified in Suffolk County Commismon Expires ~G-.j.~/ 19 ~J~ Tax Map Parcel No. 1000-56-6-3.2, 3.3, 4, 6, 6.1. 8:10 p.m. Appeal No. 3468 - ROBERT J. LONG for a Variance to the Zoning Or- dinance, Article III, Section 100-31, Bulk Schedule, for ap- proval of parcel in this propos- ed set-off division of land hav- ing insufficient area and depth, located along the North Side of Main Road, East Marion, NY; County Tax Map Parcel No. 1000-31-4-15, containing 11.912 acres. 8:15 p.m. Appeal No. 3471 - NICHOLAS TSIRKAS (Recessed flora 4/3/86). 8:20 p.m. Appeal No. 3489 - PAUL LEARY for a reversal of decision of the building inspec- tor for a nullification of actions by the Building Department to issue a modified Permit and Demolition Permit, and that the property owners be left to regular procedures of law, to be allowed only after review by the Board of Appeals and in accor- dance with all other provisions of law. Name Of Owners and Location of Property in Ques- tion: FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-10-20.7. 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. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: April 3, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN I T-4/24/86(2) APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, 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. ]1971 TELEPHONE (516) 765-1809 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 JUDITH T. TERRY TOWN CIFRK OFFICEOFTHETOWN CLERK TOWN OF SOUTHOLD March 6, 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. 3480 application of Vincent J. Casa 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; application for and Disapproval from the Building Department for a Building Permit; and survey. dith T. Terr~y~ Southold Town'Clerk · Page 3 (Regular Meeti~ of May l, 1986) Copies of the Notice of Hearings to the following 4/15/86: V. Lessard Mr. and Mrs. C. Bruce Staiger, Box 348, Southold, NY 11971 Mr. Gary Doroski, 425 Monsell Lane, Cutchogue, NY 11935 Mr. John P. Sgouros, 85-15 Kendrick Place, Jamaica, NY 11432 Mr. Arthur Siemerling, Box 108, Mattituck, NY 11952 for CASA Mr. and Mrs. Vincent J. Casa~ The Strand, East Marion, NY 11'939 Mr. Robert Johnsen, 4300 Soundview Avenue, Southold, NY 11971 Mr. and Mrs. Harry Hurlburt~ Box 98, Fishers Island, NY 06390 Mr. and Mrs. Harry Hurlburt, 7014 Sheaff Lane, Fort Washington, PA 19034 Frederick M. Reuss, Jr., Esq., 230 Hilton Avenue, Suite 103, Hempstead, NY 11550-8116 for PAUL LEARY Mrs. Susan Long, Box 46, East Marion, NY 11939 Howard E. Pachman, Esq. for TSIRKAS and BROPHY Rudolph H. Bruer, Esq. for TSIRKAS and BROPHY Z.B.A. Members Building Inspector-Executive Adm. Town Clerk Bulletin Board Z.B.A. Bulletin Board (in office) Planning Board Office 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 8, 1986 To: Mr. Arthur L. Siemerling P.O. Box 108 Mattituck, NY 11952 Mr. and Mrs. Vincent J. The Stand Pebble Beach Farms, Inc. East Marion, NY 11939 Casa Re: Appeal No. 3480 (Variance) Gentlemen and Mrs. Casa: Transmitted herewith for your review and records is a copy of the recent response from the Soil and Water Con- servation District which was requested by our office. Also, the Board of Appeals at its Regular Meeting held April 3, 1986 asked that you apply to the Southold ~(~C ~, Town Trustees at this time since they may have jurisdiction under Chapter 97, Section II(a)[1] over your land which f~/~-~\~]~,borders tidal waters; (tel. 765-1892). [See Notice of Disapproval] The public hearing on your variance application is scheduled for Thursday, May 1, 1986, and a copy of the Notice of Hearings as published by us in the Suffolk Times and L.I. Traveler-Watchman will be forwarded to you as con fi rmation. Yours very truly, Enclosure cc: Southold Town Trustees (with copy of report) GERARD P. GOEHRINGER - - "CHAIRMAN · Southold Town Board of Appeals MAIN ROAD- BTATE RnAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 19, 1986 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead, NY ll901 Re: Appeal No. 3480 - Vincent J. Casa (Variance) Dear Mr. Pauzer: We presently have an application pending in which the applicant proposes to construct an 18' by 36' inground swimmingpool and three-foot wrap-around deck as sketched on the enclosed April 28, 1981 survey. The premises is located along The Strand at Pebble Beach Farms, East Marion, and fronts along the Long Island Sound. The most easterly monument of the subject premises is located 1787.57 feet west of The Long Way, and we have enclosed a copy of the Suffolk County Tax Map for reference. Existing upon the premises ts a single-family dwelling which is shown on the survey to be set back approximately 106 feet from the bluff line at the northwest corner, and approximately 118 feet at the northeast corner. Please feel free to recommend an alternative location if you find the preposed area is not most suitable. Thank you again for your time and assistance in assess- ing this project. Enclosures Your,~i very ]>¢u,]-y~,~ J ~ERARD P. GOE'HI~INGER ~' CHAIRMAN By Linda Kowalski *%. HEALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT R SUFF CO* TAX MAP DHIYTOOO SEC TIONOSO BLOCK ~ L O T---~ S K~THERE ARE NO DV/ELLI~S WITHIN I00 FEET OF THIS RNOPERT¥ OTHER THAN THOSE SHOVIN HEREON. ADDRESS SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ~ ~ LOCATE]ff OF WELL(W),SEPTIC TANK(ST)8~ CESSPOOLS(CP) SHOV/N NEREO~ ISURVEY FOR VINCENT J. CASA B JOANN CASA LOT 115, "MAP OF PEBBLE BEACH FARMS" AT EAST MARION 'tOWN OF SOUTHOLD '~SUFFOLK COUNTY, NEW YORK YOUNG 8, YOUNG ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S. UCENSE NO. 12845 HOWARO W. YOUNG LANO SURVEYOR N.Y.S. LICENSE N0.45893 MAR. I0, 1981 DATE: DEC. II, 1980 SCALE: 1"=40' NO. 80-625 GUARANTEED TO: AVENUE :W YORK TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO~~'~''c~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ............... of ..... ..................................... Name of Appellant Street and Number ..~..~..~?.~!~...~.e,~J~,...~..q~.~....~T. Mq..~. ........................ ~.....e4~.....~..9...r..~. ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit Street and Number Municipality State ) PERMIT TO USE ) PERMIT FOR OCCUPANCY ( ) LOCATION OF THE PROPERTY '.l..n...~.....~..~..~, ..................................................................... Street Use District on Zoning Map ......... 0.~.~ .................................... .~...~. .................. Cu~ren~ 0~ner ~Jir~e.x~°r /v~ap 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.) ~vWielo~ '~-~. .%ex~. I aa ~ ~ ifl.~ 3..]'YPE OF APPEAL Appeal is mode herewith for (v~) A VARIANCE to the Zoning Ordinonce or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal 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 (v')/ A Variance to the Zoning Ordinance ( ) ~orm ~.B! (Continue on other side) REASON FOR APPEAL Continued sary HARDSHIP because STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~-~ STATE OF NEW YORK ) ) ss COUNTY o[ Sworn to this .............................................. day No. 472~II3 Qualified in Sutfoll~ County Commission Expires March 30, Signature BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of : to the Board of Aooeals of the Town 6f Southold : TO: 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(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property w~hich is the sub. j~ct of the Petition is located adjac~ent to your property and is des- cribed as follows: ~.o'~p' Iio - ~D,a,~:~. ~e. cte~ troxm-~ -- I~',+lm ~he.- ~,-r'~v~c:~ . ~+ Fl'lc2r~O~'% .~3. That the proRerty which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: ) $. That the provisions of the Solthold Town Zoning Code~ipplicable to the relief sought by th~ under- signl~d are ~.rticle --~ ~ectic~ /O O , %//9. ~ - [ ] 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. (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 Southold and designated for the publication of such notices; that you or your represen~tive haVe the right to appear and be heard at such hearing. Dated: ~:e.)o~uo~'q [.,,: Iq~. . I Petitioner Owners '.ames: P~ ~,ce ~s NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS Mr Peter K. Walsh Mr Ronald Ribaudo 194 Friends Lane,Westbury N.Yo, 11590 36 Joanna Way Short Hills, N.J. 07078 P 677 300 168 RECEIPT FOR CERTIFIED MAIL NO tNSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Street and No. Postage $~ Special DeHve~ Fee Restricted DeHve~ Fee Return Receipt Showing to whom and Date Delivered Date, and Address 0f DeHve~ ~ TOTALPostagaandFees P 677 300 169 ECEIPT FOR CERTIFIED MAIL · NO INSURANCE COVERAOE PROVIDEO NOT FOR INTERNATIONAL MAIL (See Reverse) P.O., State and ZIP Code Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, Date, and Addre,~$m-~L,~,~ivery Postrr~zk o~Date ~ ~ STATE OF NEW YORK ) COUNTY OFSUFFOLK) · :~ ~O~K 11q~ , being duly sworn, depo~ and ~ys thai on ~he ~ ~ day of ~ ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- ve~ side hereof, directed to each of the above-named persons at the addresses set opposite thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current.a~smsmenLroll of the Town of Southold; that said Notices were mailed at the United Stat~ Post ~' ~registered) mail. Sworn to before me this day of _ ~ ~ I ~ I - ~ ~o~eebhc ; 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.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date...~. ~~.'X.~...~. ...... , 19 .~. ~.. . .~. o..~..ko.? ......................... . ~:~~..~.~.....~.~.~; .~... PLEASE TAKE NOTICE that your application dated ...~~ .~ ...... , 19.8 ~.. for pe~it to ............................................................. at ~oca.o~ o~o.~r~ ... ~.~.~ ~ ..... ~.. Xg.~ .... ~..~.m~ ........ House No. St~t Hamlet County Tax ~ap No. ]000 Section ... ~.~.~ ..... ~]ock ..... ~ ~ .... ~t . .~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..0.~.' .~...~...~..~.. /,~-~.:,-. ~-L,,~ ',,,,.....~..~.....~...z...~..~.: ...... .(D~.~...~....~.~,,..~. n .-j..~..~ :.~..~... cks....~,....~.. ~F.~..4,~.. Building Inspector RV 1/80 The ;{.Y.S. Environmental Uuality I(uview Act requires sub- mission of t~ form, and an environm(:nilIi! [eview will be made by this~oard before any action s~aken. .SHCRT ENVIRO~,.:EUT~L ASS?SE.~E~IT (a) In order to answer the questions in this short EA? la is preparer will use currently available Lnforr-~tlcn concerning tho project and th~ . l:-kely L~.pacts o£ the action, It i9 not e~ected that additional studios, toe,arch or c:~er 2nve~:l~atlon~ w~ be ~dortaken, ',~' (b) 2~ any question hao been answered Yes thn proJoc~ cc~p!eted Envlrc~enta~ Assessmen~ Fo~ lm ~ece~3ar/, (c) IF all questlonu have been ansvered No ~: l~ Likely nc~ nlgni~lcanc. (d) Environ=ental Assessment Will project result in a large Fhyeic~l to the project site or physically alter ~ore t~n l0 acres of land? , , , o , , , , · 2, Will there be a major change to any unique or ~nusual land forts found on the site? , ], Will project alter or have a large effect on an existSng body o£ water? , , , , , &.Will project h~vo a potentially largo impacb on ~o,~dwater quality? , , , , , , . , W~i project si~ificantly e~fect drainage on adjacent ~lte~? , , , , , . . 6, Wil2 project affect any threatened or endangered ?. W~I pro~ect reset tn a ~ajor a~vorae efioct W~i project have a r~Jor eifect on visual kno~ to be ~portant to'the cocmun~ty? , , 9. Will project adversely ~pact any alto or st~c~ cra of historic, pro-hl~toric, or palbontolo&icul importance or any site dosi~ated aoa critical enviro~en~l area by a locnl agency? , . , 10. W~I project have a ~Jor effect on oxiot~g or 11. Will project result in ~Jor traffic problem~ or 12, ~111 proJoc~ res~arly cause objectionable odor:, noise, glare) vibration, or electrical dlutur~ anco an a reset of the pro~ect'u operation? , You~ No 1]. Will project have any impact on public health or 12, Will project iffcct the exi~tin! co.unity b~ directly causin4 a grcwth In ~er'manent popttla- period e~ have a major n~cat~ve effect on the . character of~ communl~y ~r ne[gn~orhocd~. , Ye~ . ,, Yes_/No Yes , .~//No Yes ~/ No .. Yes .~/No Yes . /No Yes ~ No Yes / No ~ Yes No Tee Yes ~// No To: Re: Southo!d Town Main Road Southold, NY 11971 Board of Appeals Appeal Application of Location of Property: Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Reguiations, 6 NYCRR, Part 661, and Article 25 of the ~ew York State Environmental Conservation Lay;, please be advised that the subject property i9 the within appeal application: (please ch~ck cmo box) [ ] ~lay be located within 300 feet of tidal wetlands; hc~.~ever, constructed along the water-lying edge of this property is a bulkhead in very good conditicn and at least 100 feet in length.* [ ] May b~ 'located within 300 feet of tidal wetlands; however, constructcd along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] 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 tiddi wetlands; ,and there is no bulkhead or concrete wall e:~is~lng on the premises. -[ ! Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [:]tarred itc;ns (*) indica~ your property does not appear to fall within the jurisd~6ti,~n of the N.Y ~$. D.E.C.] (S~, ~ur~ please NOTE: If proposed project falls witgkin D.E.C. jurisdiction, approval must be received an.d submit~6d to our office before your application can be scheduled for a public hearing.