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Home My WebLink AboutMONACO, ANDREW & ANN INSPECTORS Victor Lessard Principal Building Insp.ector Curtis Horton Senior Building Inspector Thomas Fisher Building Inspector Gary Fish Building Inspector Vincent R. Wiee. zorek Ordinance Inspector Robert Fisher Assistant Fire Inspector Telephone (516) 765-1802 OFFICE OF BUDDING INSPECTOR TOWN OF SOUTHOLD February 12, 1992 8120'1'1 L HARRIS, Supervisor Southold Town Hall P.O. Box 1179, 53095 Main Road SouthoM, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Re: Premises 5650 Rocky Point Road & 65 Aquaview Ave East Marion, N.Y. surf. County Tax Map ~1000-021-02-01 TO WHOM IT MAY CONCERN: Property with Suffolk County Tax Map $1000-21-2-1 and a Town address of ~5650 Rocky Point Road an~ $65 Aquaview Avenue, East Southold Town Trustees have the bluff to 2~'0 inland; and the Zoning Board of Appeals has jurisdict~on from the lip of the bluff to 100'-o inland. ~ . remaiTnr. Usting this wll~ilair~w ji.~~7~~~~~G~iL, ~ Victor Lessard, I Principal Building Inspector VL: gar t, a ~.~ 3/~ 0/q~' TRUSTEES John M. Bredemeyer, HI, President Henry P. Smith, Vice President Albert I. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: Re: Victor Lessard, Principal Building Inspector John Bredemeyer, III, President Town Trust/~ Coastal Erosion Area Set Backs DATE: March 31, 1992 Recently it has come to my attention that you have been quoting Chapter 37 (Coastal Erosion) of the Town Code out of context to public officials both inside and outside Southold Town, to the detriment of the clear intent of that law. Before you quote the 25 foot bluff set_back, I would commend you to read the definition of a bluff as countenanced by the Code. A bluff as defined in the Code begins 25' (feet) landward of it's point of inflection. For most sites this means that the minimum effective setback for any movable structures is 50' (feet) from the bluff face. In practical terms we may be able to reduce our pre-submission review from the 200' (feet) zone depicted on the Coastal Erosion permit applications to that of the 100' (foot) L.I. Sound setback under the more direct control of the Town Zoning Board of appeals, but I am not fully prepared to do so until the Trustees develop more experience with this code and we are certain we will not omit any necessary reviews; particularly as they pertain to working with the Planning Board on future subdivision development. For minor additions, the Board should have no problem with your office making referral:s to us for all proposed sites within 100' of the bluff face. In most cases we will transmit a letter of jurisdiction/non-jurisdiction in under a week (with a copy to your office and the ZBA~. For major projects and for all those sites which have no precipitous bluff face and/or which have a steady steep (greater than 1:3) slope to the coastal zone we would request your referral under the 200' (foot) guideline for the time being. We trust this clarifies our needs in this matter. Should you or your staff have any further questions, please call us prior to any written determination on this code being offered at-large. JMB :jm* cc: ZBA Planning Board Town Attorney Councilman Lizewski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT!r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 28, 1992 Mr. and Mrs. Andrew Monaco 9 Cliff Drive Kings Park, NY 11754 Re: Appl. No. 4085 (Zoning Variance) Dear Mr. and Mrs. Monaco: Please find attached a copy of the Findings and Determination rendered by a quorum of the Board concerning the above application. Please be sure to return to the Town Trustees, N.Y.S. Department of Environmental Conservation, Suffolk County Department of Health Services, the Southold Town Building Department (and any other agency) which may have jurisdiction before commencing building activities. Copies of this determination have also been furnished this date to the Building Department and the Town Trustees for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to= Southold Town Building Department Southold Town Trustees Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Fax (516J 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4085. Upon Application of ANDREW AND ANN MONACO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to locate a new dwelling with a setback at less than the required 100 feet from the top of the L.I. Sound bluff. Location of Property: Corner of the northerly side of Aquaview Avenue and the easterly side of Rocky Point Road, East Marion, Town of Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is substandard in size and is located in an R-40 Zone District. WHEREAS, a public hearing was held on April 2, 1992, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application appealing the January 22, 1992 Notice of Disapproval by the Building Inspector for a Variance under Article ~2XIII, Section 100-239.4 for permission to locate a proposed single-family dwelling structure within the required 100 ft. setback from the L.I. Sound bluff line as shown on either Plan A or Plan B submitted for consideration (and described below). 2. The subject parcel contains a total lot area of 23,361 and is a corner lot as defined by Section 100-13 of the Zoning Code with frontage of 100.0 feet along the north side of Aquaview Avenue and 220 feet along the westerly property line (shown as Rocky Point Road or Sound Avenue on the plot plan dated Page 2 - Appl. No. 40~ Matter of ANDREW AND ANN MONACO Decision Rendered April 2, 1992 January 10, 1992 prepared by Barrett, Lanzisera, Beckman and Hyman. 3. The land is presently vacant and is owned by the County of Suffolk. The applicant is a contract vendee pursuant to a Memorandum of Sale with the County of Suffolk dated November 19, 1991, which has been submitted for the record. 4. The principal dwelling structure is proposed to be located 63 feet from the outer deck at the most northeasterly corner and 59+- feet from the closest point at the westerly end of the dwelling to the bluff line, as shown on Plan depicted "A." Also submitted for consideration is Plan "B," alternatively, for setbacks at 73 feet from the most ~ortheasterly corner to the bluff line, and at 55 feet between the westerly section of the house to the bluff line, at its closest points. 5. Upon inspection, it is was noted that the bluff is sloping. There is vegetation along the entire bluff and large boulders (see photographs in file). The area chosen for a new dwelling will meet the front yard setback of 40 feet at both the southerly and westerly front yards. The setbacks are greater than many buildings or structures along this bluff. It will be necessary for the owner to provide for surface piping and drywells landward of the house to retain runoff water from the roof areas. 6. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a. bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 7. For the record, it is noted that other agency approvals or waivers may be necessary and this determination shall not affect the validity or more stringent requirements by other agencies (Town Trustees, DEC, County Health, etc.). 8. It is the position of this Board that in considering this application: (ai the relief requested is substantial in relation to the requirements, however, there is no alternative for appellant to pursue other than a variance due to the nonconformities of the land and the restrictions by the zoning code regulations in other yard areas; (b) the grant of the requested relief will not alter the essential character of the neighborhood; the area of · Page 3 - Appl. No. Matter of ANDREW AND ANN MONACO Decision Rendered April 2, 1992 construction is proposed to be at a setback similiar to and landward of structural setbacks established ,in the immediate areas; (c) the difficulties are uniquely related to the property and its topography, and the difficulties claimed are not personal to the landowner; (d) the difficulties are uniquely related to the land in question and has not been created by the landowner - the nonconformities of the land preexist the enactment of the bluff setback regulations adopted in 1985 {and preexists the enactment of zoning in 1957}; (e) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (f) the variance will not cause a substantial effect on governmental facilities; (g) in view of the manner in which the difficulties arose and in consideration of all the above facts, the interests of justice will be served by granted alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Villa, seconded by Mr. Doyen, it was RESOLVED, to GRANT ALTERNATURE RELIEF for the placement of a principal dwelling structure under Application No. 4085, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the setbacks to the bluff line be not less than 60 feet between the westerly portion of the dwelling to the bluff line, and not less than 75 feet between the northerly line of the proposed house and the bluff line, all at its closest points; and 2. That there be no physical disturbance to or close to the bluff area, and that protective hay bales shall be placed. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, and Villa. Member Goehringer abstained since he is employed with the Suffolk County Department of Real Estate. Member Dinizio also abstained (no reason given). This resolution was duly adopted. lk Southold Town Trustees Field Inspection Report Project Applipant/Number ontains the following zmportant natural features~Bea~ Dune, Secondary Dune, Escarpment, Kettle holes, ETT-~fics or Significant Habitat~.Raqe, Thre~tened, Endangered or species of special concern. Extent proposed activities are at variance from established standards of Coastal Erosion Projection; is supplemental engineering or advisory opinio~ indicated? Re~er to CAC? /;~/~7_Can imp5%_cts be moderated by simple project change? ~ Should FEMA Regs. be checked Prior to Permitting? ~<~ Application complete, assemen~ form provided/complete Public services landward of Structure. Non-movable structures/additions prohibited. Permanent foundations not attached to movable structures No movable structure within 25' of landward limit of Bluff. No movable structure placed so excessive ground loading placed within 50' of point of inflection. Relocation agreement required/acceptable. __ Surface water not directed to/over bluff face. The Activity is: '~/Reasonable and necessary, considering reasonable htternatives to the proposed activity and the extent to ich.the proposed activity requires a shoreline location. likely to cause a measurable increase in erosion at --/L~e proposed site and at other locations. /Prevents or minimizes effects on natural protective features and their functions and protective values existing erosion protection structures and natural resources. ~stee signature on Monthly survey Date inspected: ~/~ ~ ~ Town of Southold Town Trustees / Town Hall P.O. Box 1179 Southold, New York 11971 Andrew & Ann Monaco 9 Cliff Drive Kings Park, NY 11754 January 8, 1992 OF $OUTHOLD Dear Town Trustees: My Wife and I have purchased from the county of Suf- folk, Land Auction, in November 1991, a parcel of land located on the corner of Rocky Point Road and Aqua View Lane in East Marion. We are currently in the process of acquiring permits and get back Variances from the Bluff. We hereby request a permit or wavier of permit to build a two story, one family residence as shown on the enclosed survey under the proposed Law, (which we understand will be enacted in late January)~ which references Chapter 97 section 13 in relation to Tidal Waters. If % car ahswer a~y quest~ebs or if you would like to meet with me, please feel free to contact me at (516) 269-9063. Thank you for your consideration in this matter. Sincerely, Andrew & Ann Monaco ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN EAST MARION, SUFFOLK COUNTY, NEW YORK, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE EASTERLY LINE OF ROCKY POINT ROAD 125.00 FEET SOUTHERLY FROM A CONCRETE MONUMENT NEAR THE EDGE OF THE SOUND BLUFF AND ON SAID EASTERLY LINE OF SAID ROAD; RUNNING THENCE ALONG SAID EASTERLY LINE OF SAID ROAD, NORTH 13 DEGREES, 45 MINUTES, 10 SECONDS WEST 229.00 FEET, MORE OR LESS, TO LONG ISLAND SOUND; THENCE EASTERLY ALONG SAID LONG ISLAND SOUND ABOUT 100.00 FEET; THENCE PARALLEL TO SAID EASTERLY LINE OF SAID ROAD, SOUTH i3 DEGREES, 45 MINUTES, 10 SECONDS EAST 240.00 FEET, MORE OR LESS, TO A STAKE; THENCE SOUTH 77 DEGREES, 19 MINUTES, 50 SECONDS WEST 100.00 FEET TO THE POINT OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 021.00 BLOCK 02.00 LOT 001.000. £ND BUILI)ER'$ NO. Dept, ~'h~na # ' Fex ~ Fax # t CERTIFIEI;) TO SURVEY OF D~,~_.~iZ~D PROPERTY SUFFOLK COUNTY TAX.,~_P Dt$ TRI~ T LOT I Cer{~fi¢~ttion.~ inC,:at e~ herren signify [hat tlli~ s~rvey was Prepared ie.~dance with the exi~in~ pa~, g~=n~nt~ ige~ ~ ~n~i~ in~ilu~ .LOCATED IN E"A$7' MARIOA( TOWN OF' .SOU'/'HOLD. SL, C'F'OL.K COUNT'Y, NgW YORK PLOT PLAN FINAL LOCATION I HI II II [] 125 Church Street ~11001 Micldte Court[fy Read Malveme, NY 1156,5 Ridge, NY 11961 TEL: (516)599-3663 TEL: (516)924-3230 FAX: (5'i6) 5~3-8~60 lAX: (5'16) 92.4-3,5~7 DA T~" DEC I/, SCALE 1 IN. = ,.'30' SURVEY NO,