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HomeMy WebLinkAbout3538 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c)'71 TELEPHONE {516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3538 Application Dated July 24, 1986 TO: Mr. Jeffrey Betanc0urt 417 West 2]st Street New York, NY 10011 Swim King Pools, Inc. At a Meeting of the Zoning Board of Appeals held on November 3, the above appeal was considered, and the action indicated below wa on your [ ] Request for Variance Due to Lack of Access to New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Article , Section [×] Request for Variance to the Zoning Ordinance Article XI, Section ]00-]19.2(A)[]] [ ] Request for Application of J£FFREY BETTANCOURT for a Variance to the Zoning Ordinance, Article X!, Section 100-119.2(A)_ for permission to construct inground swimmingpool with fence en¢].osure and gazebo within lO0 feet of top of bluff or bank along Long Island Sound, at premises known as 2410 Grandview Drive, Orient, NY; Grandview Estates Subdivision Lot No. 5, Map No. 7083; County Tax Map Parcel No. 1000-14-02-3.9. WHEREAS, public hearings were held on September llth, 1986 and on October 22, 1986, in the Matter of the Application of JEFFREY BET?ANCOURT under Appeal No. 3538; and WHEREAS, at said hearing all those who desired were heard and their testimony recorded; and WHEREAS, the board has carefully considered all documentation submitted concerning this application; to be heard testimony and and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests a Variance from the provisions of Article XI, Section lO0-119.2, subsection A(1) for permission to locate an inground swimmingpool with deck areas and gazebo with an insufficient setback at its closest point from the top of bluff along the Long Island Sound at 5-10 feet, and from the westerly side property line at 10 feet. The pool area is proposed to be enclosed with a four-foot chainlink fence, and the Site Plan prepared May 16, 1986 by Contract Interiors Group shows the proposed construction to be attached to the existing deck areas of the dwelling structure. 2. The premises in question is located along the north side of Grand View Drive, Orient, and is known as Lot #5, "Map of Grandview Estates", County Tax Map District 1000, Section 14, Block 2, Lot 3.9. 3. The subject premises (CONTINUED ON PAGE TWO) DATED: November 3, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUT~OLD TOW~ONING BOARD OF APPEALS Page 2 - Appeal No. 3538 Decision Rendered November 3, 1986 Matter of JEFFREY BETTANCOURT acres, and is improved with a two-~tory single-famil~ dwelling structure set back 117± feet from the front property line along Grand View Drive and 105± feet from the top of bluff along the Long Island Sound area. 4. By report dated August 19, 1986, the Suffolk County Soil and Water Conservation District has assessed this project as applied indicating some of the following factors: (a) the soil shows lack of drainage and appears to be very slowly permeable to water; (b) the bluff area is low, stable, and well-vegetated; (c) the backyard area slopes toward the bluff. It is also noted that additional weight close to the bluff top could cause a large slide. 5. It is noted for the record that a waiver has been issued by the N.Y.S. Department of Environmental Conservation for this project due to its elevation above mean sea level. 6. Article XI, Section lO0-119.2(A)[1] requires all buildings proposed on lots adjacent to Long Island Sound to be set hack not less than one-hundred (100) feet from the top of bluff or bank. The amount of relief requested in relation to the zoning requirements is substantial, being a variance of 65-70± feet, or 90%. 7. It is the opinion of the board members that: (a) the variance as applied is not the minimal necessary; (b) any draining of the pool or discharge not be piped over the face of the bluff under any circumstances; (c)~the present vegetated areas along the north side of the dwelling near the bluff shall be properly protected. In considering this appeal, the board also finds and determines that in granting reduction in the relief as an alternative: (a) the project will not be inconsistent with those generally existing in the neighborhood; (b) the relief will be the minimal necessary under the circumstances; (c) the circumstances of the property are unique; (d) there will be no substantial change in the character of the area; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or other of the town; (f) in view of all the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Douglass, seconded Mr. Grigonis it was RESOLVED, that the following relief be and hereb~v GRANTED in the Matter of the Application of JEFFREY BET~A~L '! ~nder Appeal No. 3538 in the proposed constructioln of a-----~- inground swimmingpool w~th deck area/gazebo: 1. Construction of deck and gazebo shall not b~ closer than 45 feet from top of bluff; 2. Construction of pool shall not be closer th~n~% 50 feet from top of bluff; 3. All pool, deck and gazebo construction shall be a m~nlmum of lO feet from the westerly s~de propertyr,~) . 4. There shall be no disturbance of vegetatio~ within 45 feet of bluff area; ~-----~ 5. There shall be no dumping of fill over bluff area; 6. Deck, pool and gazebo construction shall nit be physically attached to the dwelling structure in any manner. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duls adopted. 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 B'OARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSD'AY, SE_PTEMBER .11,. 11986, and as follow: 7:35 p.m. Appeal No. 3540 - MARK AND] L'QRR~INE L'aROSA. Variance to the Zoning Ordinance, Article XI, Sec%ion 100- 119.2[B) for permission to construct deck addition at rear of ek~s~ing dwelling within 75 feet of ordinary highwater mark along "Horton Creek," of Albo Drive, Laurel, NY; 126-2-12. located along the north side County Tax Map Parcel No. 1000- 7:40 p.m. Appeal No. 3541 - RIAL REALTY CORP. Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot width of three proposed parcels in this pending minor subdivision located at the northerly end of proposed right-of-way extending from the north side of Oregon Road, Mattit~ck, NY; County Tax MaD Parcel No. 1000-95-1-3. Containing 47.0520 acres total. 7:50 p.m. Appeal No. 3533 - JOHN BREDEMEYER.(Recessed from August 14, 1986). New dwelling with an insufficient setback from ordinary highwater mark along Orient~ Harbor. 7:55 p.m. Appeal No. 3477 - WIL~I~' ~D KATHERINE HEINS. (Recessed from August 14, 1986). Insufficient area, width and depth of two proposed parcels. North Side ~ain Road, Orient, NY; 1000-19-2-5 and 6. Page 2 - Notice of Hearings Regular Meeting of September 11, Southold Town Board of Appeals 1986 8:00 p.m. Appeal No. 3544 - J~M~S F.' W~RWICK. Variance to lift Condition of prior Z.B.A. Appeal No. 1729 rendered March 8, 1973 to allow new .construction of a single-family dwelling at premises located along the south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed September 26, 1932, subdivision Lot ~11; County Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534 -ROBERT WADDINGTON. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct addition to existing building with insufficient side and rear yard setbacks, at 13175 Main Road, ~ttituck,.NY; County Tax Map Parcel No. 1000-140-03-038. "B-l" General Business Zoning District. 8:20 p.m. Appeal No. 3550 - J0'SEPH AND ~'IND~ 'S'C~O~NSTEINo Variances to the Zoning Ordinance, Articles: (a) VI, Section 100-69 for permission to expand nonconforming use of welding business in this "B-Light Business" Zoning District; (b) XI, Section 100-119.2(B) for permission to construct new building and expand nonconforming we~di~g business use within 75 feet from wetlands area, at premises located along the south side of Main Road, Greenport, NY; County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. 8.35 p.m. ApDeal No. 3538 - JEFFRE~ BETTANCOUR . Variance to the Zoning Ordinance, Article XI, Section 100-119.2(A) for permission to construct inground swimmingDool with fence enclosure~ and gazebo within 100 feet of top of bluff or bank along Long Island Sound, at premises known as 2410 Grandview Drive, Orient, NY; Grandview Estates Subdivision Lot ~5, ~ap No. 7083; County No. 1000-14-02-3.9. Tax Map Parcel Page 3 - Notice of Hearings Regular Meeting of September 11, Southold Town Board of Appeals 1986 8:40 p.m. Appeal No. 3513 STEPHEN SHILOWITZ. (Recesed from August 14, 1986). Condominium construction within 75 feet of bulkhead and tidal water. West Side of 6~h Street, Greenport, NY; 1000-49-01-25.1. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written~ments may also be submitted prior to the conclusion of the subject hearing. For more information, please call 765-1809. Dated: August 22, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary ATTENTION NEWSPAPERS: Please publish THURSDAY, AUGUST 2'8, 1986 and forward two affidavits of publication on or before Septem- ber 2nd to: Board of Appeals, Main Road, Southold, NY 11971. Copies to the following 8/22/86: Personal Delivery: Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. By Mail 8/22/86: Mr. and Mrs. Mark LaRosa, Box 431, Southold, NY 11971 Mrs. Sophia Greenfield, as agent for Rial Realty Corp. P.O. Box 1505, Southold, NY 11971 Rial Realty Corp., 20 Audrey Avenue, Oyster Bay, NY 11771 Anthony B. Tohill, Esq. as Attorney for Mr. and Mrs. w. Heins P.O. Box 744, Riverhead, NY 11901 Mr. James Warwick, Box 367, Peconic, NY 11958 Mr. and Mrs. Eugene Kelly, 145 E. 27th St, NY, NY 10016 Mr. Peter C. Walsh~ Mill Road, Peconic, NY 11958 Abigail A. Wickham~ Esq. as Attorney for Mr. and Mrs. J. Bredemeyer Box 1424, Main Road, Mattituck, NY 11952 William Moore/Richard Lark, Attorneys, Box 973, Cutchogue, NY 11935 Richard J. Cron, Esq. for Mr. and Mrs. for Mr. Robert Waddington James Navas Stephen R. Angel, Esq. for Mr. and Mrs. J. Schoenstein and'S. Shilowi Box 279, Riverhead, NY 11901 Swim King Pools, Inc. as agent for Mr. J. Bettancourt Route 25A, Rocky Point, NY 11778 Mr. J. Bettancourt~ 2410 Grandview Drive, Orient, NY 11957 Lawrence Storm, Esq. for Cove Circle Association (Re: S. Shilowitz) 33 West Second Street, Box 398, Riverhead, NY 11901 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 So~thold Town Hall, 'Main Road, 'Southol'd~ NY'at a Regular OCTOBER 22, 1986 Meeting commencing at'7:~O p,m. on WEDNESDAY, and as follows: 7:35 p.m. Appeal No. 3538 Reconvene Hearing ~E~[RE 7:40 p.m. Appeal No. 3464 - TED DOWD. Variances to the Zoning Ordinance, ~Articles III, Section 1-00-31, and XI, Section 100-11'9.2 for permission to locate new si~ngle-family dwelling: (~a) with an in'sufficient frontyard setbacK~ -('b) with an insufficient sideyard setback, ~(c) with an insufficient rear- yard~setback,' (d) with total-lot coverage in excess of maximum-permitted 20%;(e)-with insufficient setback from tidal wetlands. Location of Property: -350 Rabbit Lane, East Marion; County Tax Map Parcel No. 100-0-31-18-8. 7:45 p.m. Appeal No. 3552 , JOHN SENKO (by G. Strang). 7:50 p.m. A~eal NO. 3567 Z'T~O~S!~dKHA~. variance'to the Zoning Ordinance, Article XI, section 100-119.2 for permission to construct addition to dwelling within 75 feet of wetlands.'and highwater mark along the West~Side of West Creek Avenue~ CutchOgue, NY; County Tax Map Parcel No. 1000-103-13,10~' 7:55 p.m. Appeal No. 3563 ~ RITA F. GLEDICH. Variances to the Zoning Ordinance, Articles III, Secti-on lOOz31, Bulk Schedule, and XI, Section 100-119.2, for permiss'ion to construct dpen deck and dwelling addictions with: (a) total lot coverage in excess of maximum-permitted 20% of lot area, and (b) an insufficient setback from tidal wetlands and high~ater mark along Eugene's Creek, at the East Side of County Tax Map Parcel No. 1000,136-1,46. 8:05 p.m. Appeal No. 3550 - JOSEPH Oak Street, Cutchogue, NY; AND LINDA SCHOENSTEIN. Variances to the Zoning Ordinance, Arti-cles: (a) VI, Section 100-60 for permission to expand nonconforming use of welding business in this "B-Light Business" Zoning District; (b) XI, Section 100-119.2(B) for permission to construct new building Page 2 Notice of Hearings Regular Meeting - October 22, 1986 Southold Town Board of Appeals and expand nonconforming welding business use within 75 feet of wetlands area, at premises located along the south side of Main Road, Greenport~ N~; County Tax Map Parcels No. 1000-53-2-12, 13~ 15.1 Il5); Lots 172, 173~ 174, Peconic Ba~ Estates Map No. 658~ and Map No. 1124 as Amended. The Board of Appeals will hear at said time and place all persons or represen~atiyes desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclusion of the subject hearing~ ~For more informations please call 765-1809. Dated: October 2, 1986. BY ORDER O? THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GoEHR~GE~, CHAIRMAN Linda Kowalski, B~ard Secretary Copie~ to't~e ~oliOwi~g ~n'~r~b~t i0/9/86: .... Mr. J. Bettanc~ur[, 417 West 21st Street, NY, NY 10011 Mr. T. Dowd, Box 282, Rabbit Lane, East Marion, NY 11939 Mrs. Harriett Moor, 34-20 83rd St., Jackson Heights, NY 11372 Mr. G.A. Strang, Agent for John senko,' Box 1412, Southol~d, 'NY 11971 Mr. J. Wickham, Agent Mrs. Rita F. ~]edich, S.R. Angel, Esq., for J.K. McLaughlin, Esq., for Thomas Wickham, M~in Road, Cutchog~e, NY 11935 83 Algonquin Avenue, Massapequa, NY 11758 the ~pplicants, Box 279, 108 E. Main St, Riverhead ~repnesenting opposition), 828 Front St, Greenport Suffolk Times, Inc. L.I. Traveler-Watchman, Inc. Town Clerk Bulletin Board ZBA Dffic~ Bulletin Board ZBA Individual. Files ZBA Members FORM NO. 3 TOWN OF SOUT~OLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N,Y. NOTICE OF DISAPPROVAL FileNo ................................ Date ..'~ ..~'A~.....~..~. ........... 19.~.~.. ~.~..~..~.... ~ ~.~.~ ..... PLEASE T~E NOTICE tkat your appl~catio~ dated ~..~. Location of ~operty .¢.~ { ~...¢.~?~ .~ ....... ~ .~ .............. Hou~ No. Stree~ County T~ Map No. 1000 Section .... ~ ( ~ ..... Block ..... Subd~v[~on~P.~ .~[.~:. Filed Map No ................ ~e3 ~ Lot No .......... .~ ..... is re~med k, erewith and disapproved on the follow~g ~ounds .~]~. ~...~.~ ..... · '.; .~~ ................... Bu/Iding Inspector JU~ 24 ~JJ~ TOWN OF $OUTHOLD, NEW YORK TW ~J~ FROM DECISION OF BUILDING INSPECTOR DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~ ~o Name of Appellant Street and Number Municipality /~.....~. .......... HEREBY APPEAL TO 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 of Street and Number Municipality State )PERMIT TO USE )PERMIT FOR OCCUPANCY ) LOCATION OF THE PROPERTY ......................................................................................... .:.2~y'/o ~z,~.e4/z)~..'zE.u.m ,J~. -~'~//Y-x. J7 ~...~../-4 .... .~ Use District on Zoning'~V~ap Street ~?0 .~9 ...................................................... Current Owner /V~ep 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 Chop. $2 Cons. Laws Art. 16 Sec. 280A Subsectio~ 3 4~ PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this propeFty. 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 A Variance to the Zoning Ordinance' ~s requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued · 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ??~ UJdJ,/c~/ ~-~t '~/~4L /)~-~d.'~qe~-~ c(~?e ~ 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 /~_¢~/~_~7~ ~4/? ¢ ~-~a 7¢-~ / 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 OF ~u~/~ ) Sworn to this ..................... ~..~....~..~ ............ day of......~.~.~: ...................................... 19 / ................... Notary Public NO~EEN L. ~G~ No. 52-4526433 TO~N OF SOUTHOLD PROPE~R~C:ORD CArD OWNER STRE~ VIL~GE DIST.] SUB, LOT ~ ACE ~ . · 1')~ Jr~ c, .... RES, SEAS. VL N $ E FARM COA/U~. TYPE OF BUILDING CB, MICS. Mkt Value LAND IMP. TOTAL DATE REMARKS Tillable FRONTAGE ON WATER ' Woodland FRONTAGE ON ROAD Meaclowlond DEPTH ~ V House Plot BULKHEAD Total ___ Jl~.-~,'_~ ! 4'-~ ..J Basement ~xtension [ .~/ Ext. Walls Porch Deck Garage O.B. ire Place Poo I Patio Driveway Bath Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd FloOr \ // I HEREBY CERTIFY THAT THIS MAP WAS,MADE FROM AN AICTUAL SURVEY COMPLETED BYME UNAUTORtZED ALTERATION OR ADDITION TO A SURVEY MAP BEARIK PROFESSIONAL LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7 SUB-DIVISION 2, OF THE NEW YORK STATE EDUCATION LAW, GUARANTEES OR CERTIFICATIONS,INDICATED HEREON SIGNIFY Ti-,',' SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YORK ASSOCIATION OF PROFESSIONAL LAND SURVEYORS SAID GUARANT OR CERTIFICATIONS SHALL RUN ONLY TO THE PERSON FOR SURVEY IS PREPARED, AND ON HIS ~EHALF, TO THE TITLE COMP/ GOVERMENTAL AGENCY, AND LENDING INSTITU3]ON LISTED HEREON THE ASSIGNEES OF THE LENDING INSTITUTtON GUARANTEES CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDI'[IONAL INSTITUTI£ OR SUBSEQUENT OWNERS 'COPIES FROM ~:HE ORIGINAL OF THIS SURVEYMAP, NOT MARKED ORIGINAL OF THE LAND SURVEYOR'S RED INKED SEAL OR EMBOSSED S SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY SURVEY OF LAND AT TOWN OF TOWN BOARD OF MATTER OF JEFFREY BETTANCOURT THURSDAY~ OCTOBER 22~ 1986 PUBLIC HEARING 7:35 p.m. Appeal No. 3538 - Public Hearing commenced in the Matter of JEFFREY BETTANCOURT. Inground pool with fence en- closure and gazebo within 100 feet of top of bluff/bank along L.I. Sound. 2410 Grandview Drive, Orient. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: This is a recessed ~earing on behalf of Jeffrey Bettancourt. I will open the hearing and ask Mr. Bettan- court if there's anything he would like to add to the record. MR. BETT~COURT: I think you already have my proposal. I just reread the letter from the surveyor, the estates person that came out to survey the land and he even pointed out that the bluff was heavily vegetated and it was on an incline that was satisfactory and that the problem could be if the water runoff was allowed to accummu]ate and run off down the bluff. I'll make every effort to see that that doesn't happen. I don't think you're going to see any impact on the erosion of the bluff by this. CHAIRMAN GOEHRINGER: When I was down there and inspected the property again, you had mentioned to me and I always restate everythin~that's mentioned back on the record, the possibility of moving the gazebo more toward the west. MR. BETTANCOURT: That's possible. CHAIRPkAiq GOEHRINGER: Do you 'have any suggestions to what degree and what distance or anything of that nature? MR. BETTANCOURT: As I pointed out, I don't have my map with me. CHAI~.{AN GOEHRINGER: We'll give you which ever one you'd like. Mit. BETTANCOURT: It can be swung around a little bit so that instead of coming out this far and being here, it can be moved back out here some what. The reason we didn't do that initially was because there are some trees there I don't want to d~stroy and I thought this was the best plan. If you think it's neces- sary, I can move it back. CHAIP~kN GOEHRINGER: Alright. I thank you for abiding by our wishes and thank you for giving us this other architectural draw- ing. It's very helpful in understanding and the second view is also helpful in reference to the topography of the rear yard of the property and the dry wells and so on and so forth that you have for the natural drainage. So I thank you very much for that. While you're up here, I just want to ask Northfork Environmental Council. Ruth had a question at the hearing on this one concerning the erosion factor. Have you been up and viewed the property at all? 'Page 2 - October~, 1986 Public Hearing o~effrey Bettancourt Southold Town Board of Appeals MRS. 0LIVA : I've been on the east side of that property but not on the west side directly underneath that property. CHAIRMAN GOEHRINGER: I am, of course, not an engineer or any- thing of that nature but this is a heavily vegetated bluff and I could see almost no erosion. From what I could see in looking at it, it's a very very low bluff also. It's only about 25 or 35 feet high. MR. BETTANCOURT: It's even different from the house around it. MRS~ 0LIVA : I know. I've walked by it many times. CHAIRMAN GOEHRINGER: Seriously, I'd like you to go up there and take a look at it. I'm sure Mr. Bettancourt wouldn't mind. Mit. BETTANCOURT: Sure. I'll be there all weekend. MRS. 0LIVA : You're in the existing house near the point. Mit. BETTANCOURT: Actually the other one. MRS. OLIVA an old one. : There's an old one. There's one up the point, CHAIRMAN GOEHRINGER: Just south of the old one. The old summer cottage. MRS. 0LIVA : I know where it is. MR. BETTANCOURT: I just bought the land next door and on that piece of property.there is some erosion. I'm very concerned about it naturally. So I can appreciate any advice you can give concerning this property. MRS. 0LIVA ~: Well actually just to bring to your attention, The Soil and Water Conservation people spoke before the Conserva- tion Advisory Council. And if you get in touch with them, there is some sort of a new type of spray that they can spray with cer- tain seed or fertilizer and everything and it really seems to work with bluffs that are eroding° But the main thing is to keep it heavily vegetated. MR. BETTANCOURT: I've been halting that erosion very succesfully with the seeding and all that stuff. MRS. 0LIVA : That's very good stuff. You're going to be there this weekend? What time on Saturday morning? MR. BETTANCOURT: I'll give you my number. MRS. 0LIVA : Ok. Good. PaRe 3 - October I, 1986 PuBlic Hearing of-Jeffrey Bettancourt Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Are there any questions from anybody in the audience concerning this hearing either pro or con7 Ques- tions from Board members? Hearing no further questions, I make a motion closing the hearing reserving decision until later. Ail in favor - aye. Nadia Moore DEPARTI~ENT OF PLANNING t~COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE 360-5513 LEE E. KOPPEI-MAN November 24, 1986 Town of Southold Zoning Board of Appeals Applicant: Mr. Jeffrey Betancourt Mun. File No.: 3538 S.C.P.D. File No.: SD-86-33 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 Co~nission is considered to be a matter for local deter- mination. A decision of local determination should not be construed as either an approval or disapproval. Comments: With the understanding that a significant increase in the bluffline setback will be effectuated. Very truly yours, Lee E. Koppelman Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 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 SOUTHOLD, L.I., N.Y. llg?l 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: XX Variance from the Zoning Code, Article ×Z , Section 100-119.2 (A)(1) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3538 Applicant: Mr. Jeffrey Betancourt Location of Affected Land: ~2410 Grandview Drive, Orient, NY County Tax Map Item No.: 1000- 14-02-3.9 Within 500 feet of: Town or Village Boundary Line ×× _ 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 construct ±nground swim~inqpool with fence enclosure and qazebo within 100 feet of top of bluff or bank alon~ L.I. Sound. Copies of Town file and related documents enclosed for your review. Dated: Nov. 20, 1986 Secretary, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals WAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 November 14, 1986 Mr. Jeffrey Betancourt 417 West 21st Street New York, NY lOOll Re: Appeal No. 3538 (Variance) Dear Mr._Betancourt: 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, please do not he.sitate 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 Swim King Pools, Inc. GERARD P. GOEHRINGER [i~inda F. Kowalski Secretary Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 SnUTHRLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS October 22, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRtGONIS, JR. SERGE DOYEN, JR. S .E .Q .R.A. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.: 3538 PROJECT NAME: JEFFREY BETTANCOURT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination, made for any other department or agency which may also have an application pending for the same or simil&r project. TYPE OF ACTION: [ ~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Inground pool with fence enclosure and gazebo within 100 ft. of top of bluff/bank along L .I. Sound LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 2410 Grandview Drive, Orient, NY 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) New construction proposed is landward of lO' elevation contour; no disturbahce of land 'along bluff area shall occur. (3) The relief requested is a setback variance regulated by Section 617.13 of the State Environmental Quality Review Ac~ 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. lk SOUTHOLD TOWN BOARD OF APPEALS MATTER OF JEFFREY BETTANCOURT THURSDAY, SEPTEMBER 11, 1986 PUBLIC HEARING 9:15 p.m. Appeal No. 3538 - Public Hearing commenced in the Matter of JEFFREY BETTANCOURT. Inground pool with fence en- closure and gazebo within 100' of top of bluff/bank along L.I. Sound. 2410 Grandview Drive, Orient. Grandview Estates Sub- division Lot #5. The Chairman read the legal notice and application for the record. CHAIRMAN GOEHRINGER: I have a copy of a survey on behalf of Jeffrey Bettancourt produced by Edward A. Barth, Jr. dated 8/29/85 indicating a two story framed dwelling approximately centered on the property penciled in or inked in to the east northeast of that it would be a pool as indicated proposed 16 by 44 with 7 foot deck on the north and south side and a 15 foot deck on the east side and a 10 foot deck on the west side. And forward of that a (I assume) gazebo enclosed within the deck and approximately... I don't have the width. But it shows 24 feet from the top of the bank. And I have a copy of the Suffolk County Tax Map indicating this and sur- rounding properties in the area. Is there somebody who would like to be heard? MR. HARUTHUNIAF: My name is clients; the designer of the pool. the deck. We had a lot HaruthunJaf . We're the We designed the pool and CHAIRMAN GOEHRINGER: Could we have the spelling of your last name for the record? Maybe you could stand a little closer to the mike because we have to. Thank you very much. MR. HARUTHUNIAF: H-a-r-u-t-h-u-n-i-a-f. CHAIRMAN GOEHRINGER: Thank you. MR. HARUTHUNIAF: We have a lot to consider in reference to the Bettancourt's pool and the deck as far as keeping the existing foilage, not to excavate the existing plantings and also they had a drain put in at Mr. Bettancourt's property because the land contours leading to the drain. So we had to keep the pool away and we can not put the pool in the lower level of the land. So we have done this. We have picked the highest point on the land and we have kept the deck about 3 inches above (the bottom of the deck) the highest point and then we have the level of the deck which comes out to about 24 inches above at the highest point. So the deck at some points will be some- what higher. So the pool that we had is not a fully inground pool. It's a semi-inground because of the parts where it's above the ground. There are other reasons of the location and the angle of the pool because (as I said again) the foilage sur- rounding the pool area. We would like to keep a lot of the ex- Page 2 - September 11, 1986 Public Hearing-Jeffrey Bettancourt Southold Town Board of Appeals MR. HARUTHUNIAF (Continued): the angle of the pool because (as I said again) the foilage surrounding the pool area. We would like to keep a lot of the existing greens there on the land at the moment, plus adding many to the Bettancourt's and the next door neighbor's property. We are also adding a berm about 10 foot wide and the highest point about 4 foot. as far as regulation for having the 4 foot surrounding around the pool. Above that we are ad- ding a rail, an enclosure rail around the deck. And we have also considered the angle of the sun at which will give Mr. Bettancourt full use of the pool. CHAIRMAN GOEHRINGER: Do you have a copy of the plans there? MR. HARUTHUNIAF: Well I thought maybe you would have it but I had brought up the original because it was easier to throw over- lays and show you the topography of the land. I could mail you one or send you copies. CHAIRMAN GOEHRINGER: You are aware that we had the Soil and Water Conservation Service look at this parcel and they did render an opinion and we do use that to deal with applications of this nature in making decisions. And I would like to know (at this time) if you have anything you'd like to say either pro or con concerning that particular August 19 letter from the Soil and Water Conservation Service. MR. BETTANCOURT: I'm afraid we never saw it. I did receive it but CHAIRMAN GOEHRINGER: Ok. MR. BETTANCOURT: that address. I don't ge, t mail at CHAIRMAN GOEHRINGER: Ok. What I would like to do at this par- ticular point is this; you intend to build this .... Excuse me for asking the applicant. Do you intend to build this this Fall? MR. BETTANCOURT: Purposely. CHAIRMAN GOEHRINGER: Ok. What I would like you to do is read the Soil and Water Conservation Service letter. Bring the copies back for us at the (next) second meeting in October and let's complete this so you understand exactly what their feelings are concerning the property and the water runoff and so on and so forth. And we'll have the copies and we can point at it and look at it and so on and so forth. And we'll close the hearing at that particular time. Do you have any objection to that Mr. Bettancourt? Page 3 - September 11, 1986 Public Hearing-Jeffrey Bettancourt Southold Town Board of Appeals MR. BETTANCOURT: No. Just that it might prohibit my being able to do it in the Fall. I don't know what their requirements will be as in reference to the foilage; if there is any adjustment that I could make about the foilage and the property or whatever. It seems that (I haven't even been there a year) I have put in about 60 trees already. I'm very concerned and very aware of the environmental impact on the plantings around the property. CHAIRMAN GOEHRINGER: I have to admit to you that I have not been up to this particular site. I haven't because I was all set to come on Sunday. And I personally don't like to view these properties on Sundays but sometimes it's necessary. And I didn't realize it got dark as quickly as it did. And so there- fore, it was getting dark about the time I left Mattituck. It would have been completely dark by the time I got out to Orient. Do you have the entire area staked so that we can understand ex- actly where everything is going to be placed? MR. BETTANCOURT: Well, the pool has been staked there but I think that it's pretty close. It's not exact. It's got to be adjusted in some way. CHAIRMAN GOEHRINGER: Can you adjust that for us so that we can come back and look at it? Ok. And we'll make every attempt to reschedule this hearing as quickly as we possible can. Alright. But I would like you to look at the Soil and Water Conservation Service letter because there are certain things in there (and we'll give you another copy if you don't have one) that we have to be concerned with in dealing with this application. When will you have the staking done? Can you call us so that we can come up and look at it within the next week or so? MR. BETTANCOURT: Yes. CHAIRMAN GOEHRINGER: What I'm trying to say to you is that I don't want to short change you in this decision. I don't want to take anything away from you that you might want but there may have to be some adjustments. Particularly in the area of the gazebo because of the extension that goes out or protrudes out toward the bluff. So we're going to recess the hearing. We are going to try and get you on as quickly as we can. You are going to call us in a week or so and let us know when all the staking is done all the way out to the edge of the cliff where the gazebo and the deck goes and then we'll come down and look at it. You'll bring us copies of that at the next meeting and we'll be all set to go then. And then we'll be able to render a decision as quickly as we can after that. Ok? So then you can still get going on this, hopefully, this Fall. Thank you. Hearing no further questions, I'll make a motion recessing the hearing. Page 4 September 11, 1986 Public Hearing-Jeffrey Bettancourt Southold Town Board of Appeals RUIH OLIV A: Mr. Goehringer. CHAIRMAN GOEHRINGER: Yes. Oh, I'm sorry. Pardon me. MR$.OLIV A: May I first just see where this piece of property is in Grandview? CHAIRMAN GOEHRINGER: It's a]q the way up to the 0}d house. Ail the way out on the point. I think it~'s the first house east of the old summer home up on the point. The reason why I recollect it...TM RUIH 0[IYA~NFEC:We don't have any objection (persay) to a pool or a gazebo. But putting it that close to the bluff in that area, is not only going to be detrimental to the bluff but to the own- er himself because he might end up having it fall in the drink. Bob Douglass knows that that whole area has been subject to tre- mendous erosion problems. ~.And especially too, because there's that new house right to the east of the turn around there. And they stripped away (all the topsoil) to the edge of the bluff and then sand was dumped over the bluff. The last time I had been up there which is now before the house was completed, the bluff had started to erode. And I have deep concerns about putting anything more than closer than 100 feet on the whole line there from Pennys Point all the way up to the next point because these people don't know it. There just here new. But that whole area there; that cove, has eroded back about 50-60 feet in the past few years. So I'd be very careful about put- tinq anything because it just might go in the drink 0n you, frankly. MR. : I just purposely visited the property and there is a problem there. On this particular property where the pool is situated, there hasn't been any erosion for years. MRS. OLIVA: Well, I would just like to state for the record that there's a piece of property called (what's their name?) Brickner. And the owner was in here saying that his piece of property had not eroded in 30 years. Storm Nelson came along and a third of his property is starting to erode on that bluff line. So just be aware. That is my main concern because you don't want to ruin the bluff and you don't want to have your house go in the drink or your pool go in the drink either. CHAIRMAN GOEHRINGER: So we'll see you back. Excuse me Ruth. I'm sorry. I didn't realize you wanted to say anything. So we'll see you back as quickly as we can and you'll have those things for us. And you'll call us when you have the staking done. I recess the hearing until the ber. Member Grigonis seconded the motion. All in favor - aye. (Transcribed from cassette tapes.) second meeting in Octo- Nadia Moore SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE August 19, 1986 STANLEY A. PAUZER DISTRICT ~IANAGER Mr. Gerard P. Goehringer~ Chairman Southold Town Board of Appeals Main Road Southold~ New York 11971 Dear Mr. Goehringer: %n reference to your request for our assessment of Appeal No. 3538 - JEFFREY BETTANCOURT (Variance)~ please be advised that a site inspection was conducted on August 13~ 1986. During the site inspection a soil boring was made in the area of the proposed swim- ming pool. The soil was determined to be of the Montauk series and was characterized by containing redish brown fine sandy loam from 0-48 inches below the surface and grayish brown fine silt loam with mottles from 48-60 inches. The presence of mottles in a soll usually indicates a lack of drainage. This is typical of Montauk soils which usually contain a fragipan or horizon of silt or fine sand which is slowly or very slowly permeable to water. The distance between the northeast corner of the concrete walkway and the top of the bluff is approximately 106 feet. The sketch of the survey indicates the bluff top at this same distance. The sketch of the survey also indicates that the deck would be approximately 10 feet from the existing top of the bluff. The bluff is low, at approximately a 1~:1 slope~ well vegetated~ and appears falrly stable. However~ the backyard area slopes toward the bluff, This allows storm water surface runoff to flow down the bluff face and could cause gullies to form. Evidence of erosion was noted along the foot path down the bluff face to the beach. Construction of a gazebo and a fairly large deck will increase the amount of storm water surface runoff. Since the area slopes toward the bluff~ this increase of runoff water should be intercepted and safely outletted. A surface inlet structure with a pipe outlet down to the toe of the bluff would alleviate this problem. Another concern is the problem with additional weight close to the bluff top which could cause a slide. This is especially a concern on soils of the Montauk series due to the fine silt loam subsoil and probable fragipan. The slowly or very slowly permeable subsoil would keep the fragipan moist. With the fragipan moist and exces- sive weight on top~ a fragipan tends to rupture suddenly. If this occurred near the bluff top, a large slide could occur. To alleviate this potential problem, an alternative would be to orientate the long axis of the pool more toward the north-south and construct the gazebo and deck along the end of the pool or at least further from the top of the bluff. Mr. Gerard P. Goehringer ~ 2 - August 19, 1986 If you require any additional information please contact the office. Sincerely, Thomas J. McMahon~ Senior District Technician Southold Town Board of Appeals APPEALS BOARD' MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI August 22, 1986 Skim King Pools, Inch Route 25A Rocky Point, NY 117~8 Re: Appeal No. 3~38 Jeffrey Dear Sirs: ..... Bettancourt {Vari~ance) Transmitted for your information and file is a copy of a recent letter from the Suffolk County Department of Soil and Water Conservation District which responds to our recent inquiry. Also transmitted herewith is a copy of the notice hearings which will be published through our office in the Suffolk Times and L.I. Traveler. Your hearing has been scheduled for 8:35 p.m. qe a.ssu~ed that your matter will not start before 8:35 p.m. of Please don't hesitate to call' if you have any ques- tions. Enclosures cc: Mr. Jeffrey Bettancourt Yours very truly, 'GERARD P.' GOEHRINGER CtJ~I ~MAN Southold Town Board of Appeals HAIN 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, .IR. ,~OBERT J. DOUGLASS JOSEPH H. SAWICKI July 31, 1986 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil and Water Conservation District 127 East Main Street Riverhead, NY llgO1 Re: Appeal No. 3538 - Jeffrey Bettancourt (Variance) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct a 16' by 44' inground swimmingpool, attached deck and gazebo, (and 4' chainlink fencing) within lO0 feet of the top of bluff along the Long Island Sound at the north side of Grand View Drive, Orient, New York. May we ask your assessment of this project prior to our scheduling this matter for a public hearing? Enclosure for your file are County Tax Map and sketch of the ing and proposed structures. copies of the Suffolk survey indicating exist- Please don't hesitate to call if additional information is necessary. Thank you for your assistance. Yours very truly, GERARD P. GOEHRIFFGER CHAIRMAN lk Enclosures Page 20AfrJa~ Suffolk Times/August 2S~ 3 986 ~, Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low and the Code of the Town ofSouthold, the follow- ing public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meet- ing commencing at 7:30 p.m. on THURSDAY, SEPTEMBER 11, 1986, and as follows: 7:35 p.m. Appeal No. 3540 -- MARK AND LORRAINE LaROSA. Variance to the Zon- ing Ordinance, Article XI, See- tion 100~119.2(B1 for permission ' to construct deck addition at rettr of existing dwelling within 75 feet of ordinary highwator mark along "Horton Creek," lo- eat~l along the north side of AIIx~ Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-2- 12. 7:40 p.m. Appeal No. 3541 -: RIAL REALTY CORP. Vari- ances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insuffi~ cient lot width of three propesed parcels in this pending raino~ subdivision lo~ated at the north- erly end of proposod right-of-way extending from the north side of Oregon Road, Mattituck. NY;. County Tax Map Parcel 1000-95-1-3. Containing 47.0520 7:50 p.m. Appeal No. ~533 - highwater mark along Orient Harbor. WILLIAM _ AND KATHERINE HEINS. (Reces: sad from August 14, 1986). In- sufficient area, width and depth ' of two proposed parcels. North Side Main Road. Orient, NY; 1000-19-2-5 and 6. 8:00 p.m. Appeal No. 3544 -- JAMES F. WARWICK. Vari- -ance to lift; Condition of prior Z.B.A. Appeal No. 1729 re- ndered March 8, 1973 to allow new construction of a single- family dwelling at premises 1o- cated along the south side of Fasbender Avenue, Peconic, NY; Bailey Park Map filed Sep- tember 26, 1932, Subdivision Lot # 11; County Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534 -- ROBERT WADDINGTO~q. Variance to the Zoning Ordi~ nance, Article III, Section 100- 31, Bulk Schedule, for permis- sion to construct addition to existing building with insuffi- cient 'side and rear yard set- backs, at 13175 Main Road, Mat- tituck, NY; County Tax M, ap Parcel No. 1000-146-03-~. B- I. General Business Zo0~ng Dis~ 8:20 p.m. Appeal No. 3550--- JOSEPH AND LINDA SCHOENSTEIN. Variances t~ the Zoning Ordinance, Articles: (a) VI, ~etion 100~60 for per- mission to expend nonconform- ing use of welding business in this "B-Light Business" Zbmng; District; (b) XI, Section I00- 110.21B) for permissi~n~to~o~. struct ne~ huil~ag e~l exlmnd use within 7$.feet from wetlands the south side of Main Road, Parcels NO. 1000-5,%2-12, 13 and 8:35 p.m. Appeal No. 3538 -\ JEFFREY BE~rANCOURT.) \ for permission to con- ~ STATE OF NEW YORK ) struct inground swimmingpool \ ) with fence enclosure and gazebo J ' within 100 feet of top of bluff or / COUN'~g OF SUFFOL~ bank along Long Island ~ound, L at premises known as 2410 l ~;aann~;~eewW ~jt~[;s%rui~[$isNiY: \· Katherine Bondarchuk of Oreenport, in Map No. 7083; Coun~ ! said County, being duly sworn, says that he/she is Lot #5, · I~ Map Parcel NO. 1000-14-02~' Principal Clark Of THE SUFFOLK TIMES, a Weekly 8:40 p.m. Appeal No. 3513'% Newspaper, published at Greenport, in tho Town STEPHEN SHILOWITZ. (Re-, cessed from August 14, 1986L of Southold, County of Suffolk end State of Now Condominium construction York, and that the Notice of which the annexed is within 75 feet of bulkhead and tidal water. West Side of 6tI~ a printed copy, has been regularly published in Street, Greenport, NY; 100OM9: said Newspaper once each wsek for t 01-25.1. The Board of Appeals wilt weeks successively, commencing on tho 2 8 hear at said time and place al~ day o~ All persons or representative~ desir, lng to be heard in each of tbs above hearings. Written cor~ ment~ may also be submitted ' · prior to 'the conclusion of th~ ./~ subject hearing. For more infor- mation, plead, call 765-1809. PrinCipal Clerk Dated: August 22, 1986. ~ - ,5 . BY ORDER ....... OF THE SOUTHOLD Sworn to b~re me this TOWN BOARD day of OF APPEALS _ GERARD P. GOEHRINGER, , ~,i0ThR¥ PBBLIC~ State et New Y0~ Linde Kowalski," / ' ITA26-5333 APPEALS BOARD MEMBERS GERARD P. GOENRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI $outhold Town Board of Appeals MAIN ROAD- E~TATr-'' ROAD 25 E'~OUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very~u~.~/~_ ~ G'ERARD P. GOEHR[NGER ~/ CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk NOTICE OF HEARINGS NOTICE IS ItEREBY GIVEN, pursuant to Section 267 tidal we~s and highwater the East Side of Oak Street, 8:05 p m Appeal No. 3550 JOSEPH AND LINDA SCtlOENSTEIN. Variances to ing use of welding busines~ in · TATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) Carol Scarlata of GroonporLin said County, being duly sworn, says that ha/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, end that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ] 6 dayof Oct. 19 86 /, Princ~R~l Clerk Sworn to bef me t~is / ~ day of ~_~Z./,?~' ~ MARY K. I)EGNAN ? ; .;: : Z///?~ NOTARY PUBLIC, State of New York NOTICE OF HEARINGS ~ll~tCE la~ RI!RElY OIV- Eri l' uant iV or the Town L~ and-the~J~'e'~ the ~ of Southold, the ~do~/in~ l~ablic heafih~s'~l' b~' held by the. SOUTHOLD · ov~ BoA~o I~ APPEALS at the ~io~.~bl~Town; Hall, Rehnllak Me~in~ ~0mmencing at 7:30 p,m, 0n ~EDNESDAY, OCTOBE~ 22,{1:~86 ;and as follows: ~ ii.. + -. { Reconvene Hearifl$ JEFFREy! ~ BETTANCOURT. TED DOWD. Variances to the Zoning Ordinance, Article iii, S~ctio~ 100,31, and Xl, S~tion 100-119.2 for permission to locate n~w singl~family dwell- ins:. iai with afiinsufficient ffon- tyard setback, (b) with an insuf- ficient sideyani setback, (c) with an insufficient rearyard setback, (d) with total lot coverage in cess of maMmum~permitted 20°70, (e) with insuffie, iellt set- back from fida~ w~landa.'~a- tion of Pto~ ;1~50 ~labbit Lane, East M~6~.County Map Parcel~o. 1000:31-18r8, 7:45 p~'. '~4.ppe~l No. JOHN SENKO {by G. Strand). ?:50 p.m:'Apl~lmFNIb .356?- THOMAS NVICKHAM. Variance to.the Zoning Or-' dinanee, A~ticle Xl, Section I00-119.2 roi' permission\to con- struct' ~a'ddition 'th dwelling cho~ue, N~; Map .No. , Ar- struct open deck additions with: lot coverage il/c~eas of maK/mum permit~di20~f l~t ~ ,.~ (b) ~ ~Uffl~t set~ ' ' t~'~st Si~ of O~k' S~, Cutc~osu~ ~; C, (a) Vi .~n 1~ ~ ~r- ~ion-mo~ n9 ~o~ ing use o( ~'b~in~s in th~ "B-Li~ B~in~'~ ~ng District; (b) XI, Section I~Hg.2(B) for ~isMo~ to 'co~tm~ n~ buil~ ~d ~- pand non~nfor~ing weldi~ business u~ Wit~n- ~5 f~ of wetlands area. at premises located along the south iide of Main Roafi, G~n~rt, NY; County ~ Map ~lsNo, 1~53-2-12, 13. 15.1 (15); ~ts 172, 173, 174. ~oniC Bay Es~tes Map No. 658, and Map No. 11~ as AmendS. The ~ard of Appel, will hear a~ said time and place all ~sons or ~p~n~ti~s d~ir- ing to ~ heard in ~oh of the above hearings. Written com- ments may ~so be submitted . prior to the conclusion of the subj~ h~ng. ~r tuG. infor- mation, please ~ 765-18~. Dat~: O~o~r ~ 1986. BY ORDER OF THE SOUTHOLD ~WN BOARD OF APP~LS GE~RD P. GOEHRINGER, CHAIRMAN Linda Ko.ski, Bo~d ~c~ IT-10/16/86(52) TY 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 Tr~,veler-Watchman once each week for ...... ~ weeks successively, commencing on the ......... .~.~.~" ........ day,.,.cd--~--~ .~,,-:O.~d..~y~.X.~ .... , 1 9 .'.f~..~'. Sworn to before me this /~ clay of Notary Public BARBARA FORBES Notary PubSe, State of New York No. 48068~6 Qualil'i d in Suffolk County Commiss,on Expires/~,7/;e. 19 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. 1.1., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS October 22, 1986 S.E.Q.R.A. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH h. SAWICKI NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Siqnificanc~ APPEAL NO.: 3538 PROJECT NAME: JEFFREY BETTANCOURT This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Inground pool with fence enclosure and gazebo within 100 ft. of top of bluff/bank along L .I. Sound LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 2410 Grandview Drive, Orient, NY 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) New construction proposed is landward of lO' elevation contour; no disturbahce of land along bluff area shall occur~ (3) The relief requested is a setback variance regulated by Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or hi~ agent and posted on the Town Clerk Bulletin Board. lk OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 3uly 24, 1986 'Iown Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TI LEPItONE (516}765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Tranmsitted herewith is Zoning Appeal No. 3538 application of Jeffery Bettancourt for a variance. Also included is Notice to Adjacent Property Owner; Notice of Disapproval from the Building Department; letter relative to NYS Tidal Wetlands Land-Use; Short Environmental Assessment Form; letter from NYS-DEC; copy of dped; plans and survey. Judith T. Terry Southold Town Clerk 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, SEPTEMBER I 1, 1986, and as follow: 7:35 p.m. Appeal No. 3540-MARK AND LOR- RAINE LaROSA. Variance to the Zoning Ordinance, Article Xl, Section 100-119.2(B) for permission to construct deck ad- dition at rear of existing dwell- ing within 75 feet of ordinary highwater mark along "Horton Creek," located along the north side of Albo Drive, Laurel, NY; County Tax Map Parcel No. 1000-126-2-12. 7:40 p.m. Appeal No. 3541-RIAL REALTY CORP. Variances to the Zoning Or- dinance, Article Ill,. Section 100-31, Bulk Sehedul% for ap- proval of insuffici~Cff lot width of three proposed parcels in this pending minor subdivision located at the northerly end of proposed right-of-way exten- ding from the north side of Oregon Road, Mattituck, NY; County Tax Map Parcel No. 1000-95-1-3. Containing 47.0520 acres total. 7:50 p.m. Appeal No. 3533-JOHN BREDEMEYER. (Recessed from August 14, 1986). New dwelling with an in- sufficient setback from ordinary highwater mark along Orient Harbor. ~ _ .~.sS ~m~ppeal No, 3477-WILLIAM AND~ KATHERINE HEINS. (Recess- ed from August 14, 1986). In- sufficient area, width and depth of two proposed parcels. North side Main Road, Orient, NY; 1000-19-2-5 and 6. 8:00 p.m. Appeal No. 3544-JAMES F. WARWICK. Variance to lift Condition of prior Z.B.A. Appeal No. 1729 rendered March 8, 1973 to allow new construction of a single- family dwelling at premises located along the south side of Fasbcoder Avenue, Peconic, NY; Bailey Park Map filed September 26, 1932, Subdivi- sio~ Lot No.ll; Cou0ty Tax Map Parcel No. 1000-67-6-7. 8:10 p.m. Appeal No. 3534-ROBERT WAD- DINGTON. Variance to the Zoning Ordinance, Article 111, Section 100-31, Bulk Schedule, for permission to construct ad- dition to existing building with insufficient side and rear yard setbacks, at 13175 Main Roadg Mattituck, NY; County Tax Map Parcel No.. 1000-140-03-038. "B-I" General Business Zoning District. COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ............ .//. weeks successively, commencing on the -~¢~ ~' Sworn to before me this ..................... day of Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires (~Z~.~ ~/ 19 J~' 8:20 p.m. Appeal No. 3550-JOSEPH AND LINDA SCHOENSTEIN. Variances to the Zoning Ordinance, Articles~ (a) VI, Section 100-60 for per: mission to expand nonconform: lng use of welding business in th s B-L ght Business Zonmg District; (b) XI, Section 100-119.2(B) for permission to construct new building and ex- pand nonconforming welding business use within 75 feet from wetlands area, at premises located along the south side of. Main Road, Greenport, NY', County Tax Map Parcels No. 1000-53-2-12, 13 and 15; Lots 172, 173, 174, Peconic Bay Estates Map No. 658, and Map No. 1124 as Amended. ~8:35 p.m. Appeal No.'~ 3538-JEFFREY BETTAN- COURT. Variance to the Zon- ing Ordinance, Article XI, Sec- tion 100-119.2(A) for permis-' sion to construct inground swimmingpool with fence enclosure and gazebo within 100 feet of top of bluff or bank along Long Island Sound, premises known as 2410 Gran view Drive, Orient, NY; Gran view Estates Subdivision Lol No. 5, Map No. 7083; Counq Tax Map Parcel NOl 1000-14-02-3.9. -~8:40 p.m. Appeal N'~. 3513-STEPHEN SHILOWlTZ. (Reees~ed from August 1986). Condominium construc- tion within 75 feet of bulkhead and tidal water. West Side of 6¢h Street, Greenport, NY; 1000-49-01-25.1. 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 hearings. Written com- ments may also be submitted prior to the conclusion of the subject hearing. For more infor- mation~ please call 765-1809. Dated: August 22, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Linda Kowalski, Board Secretary IT-8/28/86(6) TOWN OF SOUTHOLD, NlW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO..~T3 DATE .............................. TO THE ZONING BOARD OF API~ALS, TOWN OF SOUTHOLD, N. Y. l, (We) .... ~...~....¢..?........~...e..Z~¢~.~.T.. ....... of ...... ~<~.....~..L.K.e. ............................... Name of Appellor~t Street and Number ..~...~....~...T.. ....................................... ...~..-.~.;. .......... HEREBY APPEAL TO Municipality Slate 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 of j v.::..~...4W...~y....~.......~ ~..../.....~..~.....~.....r. ................... ..~Z...:.~i; ....................... Street and Number Municipality PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PR~PER(Y~.°.~Z~...~...~..~...~:.~T.~.~.~.~...~..~...~...~..~.T.~...~.~..z.~Y Street Use District on Zoning Mop ~ ............. ~ ..Current Owner J~=~-F-~y Map 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 ( Oz A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection ~ A Variance to the Zoning Ordinance ) ~s requested for the reason that /~'eu~T 7~u_J M ~'orm ~,1~1 (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saryHARDSHIPbecause i'J- cc~u/d d~t?(_/ ,./~_ ~lT~.z..~,o,e_~l.- ~5~ c~/ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinityofthispropertyand inthisusedistrictbecause~7z~.~/f~?x2~-~/'/c~4~_/~/'~J/~¢/'~ ?~J~/~ ~U~. °'(y ~/~ CHARACTER OF THE DISTRICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE /TL C:~r_)C~£ /7o/~ / X//7'//9~7/~ STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this ................... .%..~.. ............ ~...... day of ......................................... 19 ...................... Notary Public (~/ Cocnmiss~on E:.oire$ 2 J'~7 ~ , ~ I~OARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or' the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: I. That il is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest a (Variance) (Special Exception) (Special Permit) (Other) [circle cho±¢e] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ~,~ eli 0 ~)V/~ ~')/~, ~/~.~1- 3. That the property 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: 5. Thal the provisions, of the Southold Town Zoning Code applicable to the relief sought by the un~r- signedare ~cle ~ ~ ;~o ~l~q - ~ [ ] Section ZS0-A, New York Town Law for approval of access over r~ght(s)-of-w~. 6. That within five days from the date hereof, a written Petition requiting the relief s~cifi~ above will be filed in ~he Southold Town Clerk's ~fice at Main Road, Southold, New York and you may then and thee examine the same during regular office hours. (516) 76~1809. 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: ~ /~/ /g~ ,.~l.c~ll'Z'l /~I M~' c.~y P~/tJT IU. 7' //77/ Petitioner Owners ' Names: ~ E~_Y' Post Office Address (Ta]. PROOF OF MAILING OF NOTICF ATTACH CW, RTIFIED MAIL RECEIPTS SB6t our STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: /__ ,. ~ ~ (I~C ~inJduly sworn. ~ and ~ys that on the ~ day of ~UCy ,19 ~ , depon~t ~iled a true copy of the Not ce ~t forth on the re- ve~ side hereof, directed to each of the above-named ~om at the address set opp~ite thor r~ctive name; that the addresses set opposite the n~ of said ~ons are the addr~ of said ~rsons as shown on the current ass~sment roll of the Town of Sourhold; that ~id Notic~ were mailed at the United Stat~ P~t ~- rice at ~O~ ~ ~ ; that said Notic~ were mailed to each of said persons by (certified) (registered) maU. Sworn t%before me this day of ~ Notary Jublic I r~'~ m (This side does not have to be completed on m~ ~ ~r ~: ~ propertyowners. ) [] form transmitted to adjoining ,...,.,,.. [he N.¥,S, [nvironmental [luaJity Ilk:view Act requ)res sub- :..,,:,, mission of t~ form, and an environme~ review wfll be . ,:, q:Y~. mad~ by this ard before any action i <eh. ~'%~C~ ,' · v Y:'.,: ~NS~ ~T~C*S. : ' ' ' ' ..... '"::,t~?iV~ :' , ' ' .... , ',,.. , :(b) ~f any questfon ha~ been answered Yes thc --o If all questions have been answered No it le likely tfmt this project is -- significant. : ( ) Environ.-.enta! Assess~en~ .' .... . '. " W~I proJec: re~t in a largo physical to the project mite or physically alter moro - 2. W~ll :her, be a maJo~ change ~o any ~i~u~ or -~."~." unusual lan~ fo~ fo~ o~ th~ ~lte? . * * * . Ye~ No "''~': 3. W~i project alter or ~ve a large effect o~ ,:, 2 .' ~, W~I proJec% si~iflcantly'effect drainaAa ~ 6, Will project :tt~c: an~ :~e~:ened or endangered " 7. W~I project re~t In a major adverse effect on -xx ....... Y~s ' 8, W~i project have a major effect o~ visual Chm~ :;.'"'~ 9. WIll project adver=ely ~pact a~y Sito or st~c~ · : ',~,.~.~i; .... importance or any alto cos~ato~ as a CTitl:R1 '~ '~' enviro~en~l area by a local agency? · · · ~e~ 10. W~i project have a ramjet effect cn exi~t~g or 11. Will project result in m~Jor traffic problem~ or ' '" aystema? ............ Yes 12. Will proJoc~ reg~arly cause objectionable odor:, nol~e, glare, v1~ratlom, or el~c%r!cal dtntur~ anc~ as a reset of the project's operation? . Yem No 1]. ',;ill project h,lve any impact on public health or 1L. Will project ~ffec: :he existing co~munity by directly causin~ a growth In ~ermanent popt~a- period cr have a major negative effec~ on tr, e 1}. Is there p,~ contrary ccn~ the project~ Ye~ ~ ,;o ' ('-rcday'S Da, to) To: Southo!d Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of J£;F~ Location of Property: _cC~/jo W~=cO ~ ~ ~/~ Dear Sirs: .In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State. Environmental Conservation Law, please be advised that th subject property i,n the within appeal application: (please chqck one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edco of this propeuty is a bulkhead in very good ' condition and at least 100 feet in length.* [ ] May b'e '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 auoroximately feet in length. ~ ' ( ] not appear to May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tiddi wetlands- and there is no bulkhead or .... ~, · ' · ccnc .... wall exls~inc on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [:]tarred items '(*) indicate your property does fall withiu the jurisdiction of the N.Y.S. D.E.C.] Sincerely yours, NOTE: If proposed project falls wit~ktn 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. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Regulatory Affairs Unit Bldg. 40, SUNY--Room 219 Stony Brook, N.Y.11794 (516) 751-7900 Mro Jeffrey Bettancourt 471 Rte 25 A Rocky Point, N.Yo i1778 June_9, 1986 RE: 10-86-0725 Dear M~° Bettancourt: A review has been made of your proposal to: install a 16'x42, Swimming pool and truck away excavated earth xto an upland site in accordance with plan on survey sub/ltted May ~9 1986 showing pool a minlmum~of 39' landward of crest of bluff. Location: East side of Grand View Dr, 490 1.f. north of Mulford Ct., Orient, Tn of Southold, Suffolk Co., N.Y. New York State Department of Environmental Conservation has found the %. ''' parcel XXXproject to be: --' Greater than 300' from inventoried tidal wetlands. --- Landward of a substantial man-made structure '~ greater than 100' in length constructed prior to September 20, 1977. -'' Landward of existing 10' contour elevation above mean sea level on a gradual, natural slope. XXX Landward of topographical crest of bluff, cliff or dune in excess of 10' in elevation above mean sea level xxx __There is to be no construction or disturbance to vegetation or topography seaward of existing 10' contour or topographical crest (as indicated). Therefore, no permit under Article 25 (Tidal Wetlands of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandated jurisdiction pursuant to this act. However, any additional work or modifications to the project may require a permit. It is your responsibility to notify this office, in writing, if such additional work or modifications are contemplated. , Very trulJy yours, / Alternate Regional Permit Administrator lie L L J L-- I I' A /~ \%// / <. ) / ,, < > < / A L .... t L_ ~ < > A / -> ,e 1- ALIGN F-3 i l qqL~ qqlE3 l qq-~ qq--2 qs'-q "m 0