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Home My WebLink About2751 TOWN OF SOUTHOLD, ~EW YORK ACTION OF THE ZONING BOARD OF AFPEALS AppealNo. 2751 Application Dated September 29, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Harry Baglivi Skinny Dip Pools, Inc. as applicant for the owners Abigail A. Wickham, Esq. as attorney Appellant at a meeting of the Zoning Board of Appeals on November 20, 1980, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception trader the Zoning Ordinance ( X ) Request for a variance to the Zoning Ordinance a r t. I I I, S e c. 1 0 0 - 3 2 the appeal graoted ( ) ~ ~nied pursuant W Articia .................... Sect~n .................... Subsection .................... paragra~ .................... ~ the Zoning Ordnance and the d~ision of the Building I~pe~or ( ) be reversed ( ) be co~irmed because Application of Harry ~, by Skinny Dip Pools, Inc., P.O. Box 108, Mattituck, NY or a Variance to the Zoning Ordinance, Art. III, Section 100-32 for permission to construct swimmingpool in frontyard area. Location of property: 3440 Nassau Point Road, Cutchogue; bounded north by Alexander and Golden; west by Wunneweta Road; south'by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (~vould not) produce practical hardship because (SEE REVERSE SIDE) difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be ~hared by all properties alike in the immediate vicin/ty of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the characler of the district because (would not) (SEE REVERSE SIDE) and therefore, it was ftu'ther determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and ZONING BOARD OF APPEALS FORM ZB4 After investigation and )ersonal inspe¢%iOO, the Board finds as follows: Appellant has appealed to this Board seeking a variance to construct an in-ground swimmingpool in an area determined by the Building Inspector to be frontyard area due to appellant's property fronting on two public roads, Wunneweta Road at the west end and Nassau Point Road at the east end, at Nassau Point, Cutchogue, New York. Existing on the premises are a one-story frame house, garage and small shed. The Board agrees with the reasoning of applicant. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining proper- ties will be created; that the interests of justice will be- served by the granting of the relief requested; that no adverse effect is produced on available governmental facilities of any increased population; and that no substantial change will be produced in the character of the neighborhood. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED., that Harry Baglivi be granted a variance to the zoning ordinance, for permission to construct swimmingpool in' the frontyard area as applied for and SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the pool not be constructed closer than 100 feet from Wunneweta Road at its nearest point; {2) That the pool not be constructed closer than 42 feet from the easterly side property line, as shown in the plan sub- mitted with appellant's application. Location of property: 3440 Nassau Point Road, Cutchogue, bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. NY; Vote of the Board: Ayes: Messrs. Douglass, Doyen, Goehringer and Sawicki. Absent was: Mr. Grigonis. APPROVED ~c~:'m ng~;na~rman Board of A~p~alsF/(-Pro Tem) P, ECEIVED AND FILED BY Tt. Lv. SOU'ii~(DLD TO%'IN CLERK Town Clerk, Town of Southo!d 0 Page 3 Legal Notice of Hearings Board of Appeals 10/16/80 Meeting ~~Application of Harry Baglivi, by Skinny Dip Pools, Inc., P.O. Box 108, Mattituck, NY 11952, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct swimmingpool in frontyard area. Location of property: 3440 Nassau Point Road, Cutchogue; bounded north by Alexander and Golden; west by Winneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. 9:10 p.m. Application of Charles Sidorowicz, 125A Cox Neck Road, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct garage in sideyard area. Location of property: 125A Cox Neck Road, Mat- tituck; bounded northeast by Mattituck Creek; northwest by Mrowicki; southwest by Cox Neck Road; southeast by Sievernich; County Tax Map Item No. 113-8-4. 9:20 p.m. Application of Thomas Yasso, 1055 Soundview Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition with an insufficient sideyard setback. Location of property: 1055 Soundview Avenue, Mattituck; bounded north by L.I. Sound; west by Stritzler; south by Soundview Avenue; east by Mattituck Shores Associates; County Tax Map Item No. 1000-94-1-9. 9:35 p.m. Center, P.O. Box 659, Greenport, the Zoning Ordinance, Art. III, erect an ambulatory care clinic Application of Fanny Behlen Community Health NY for a Special Exception to Sec. 100-30 for permission to on residentially-zoned property located Greenport, NY; by Fransisco; 1000-40-3-3.1. at the South side of North Road (C.R. 28; also C.R. 27), bounded north by North Road; west by Fenno; south east by Nedoszytko; County Tax Map Item No. LEGAL NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town Of Southold, the following matters will be held for public hearings by the Board of Appeals, Town of Southold, at Town Hall, Main Road, Southold, New York on Thursday, October 16, 1980: 7:35 p.m. Application of Leon and Pauline Krementz, Schoolhouse Creek, New Suf- folk, NY 11956 for aVariance to the Zoning Ordinance, Art. VIII, Sec. 100-80 for per- missioa to ~str~_~ detached a~ o~ 'prOperties: Nassau Point Road and Wunneweta Road, Cutchogue; bounded north by Alexander and Gol- den; west by Winneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. i000-111L 4-32. fin~ Cutchogue~bounded north by I lexander and Golden; west by [ WinneW/ta ~ Road; south by [ Horowitz; east by Nassau] Point Road;County Tax Map! ~ No. 1000-111-4-32. 9:10 p.m. 'Application of Charles SidorowicZ, 125A Cox Neck Road, Mattituck, NY for a Variance to. the z6ning Ordinance, A~t~ iii, Sec. 100- 32 ~or permission to construct garage in sideyard area. Loc- ation of property: 125A Cox Neck Road, Mattituck; bound- ed northeast by Mattituck Creek; northwest by Mrowicki; southwest by Cox Neck Road; southeast by Sievernich; County Tax Map Item No. 113-8-4. 9:20 p.m. Application of Thomas Yasso, 1055 Sound- view Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. RI, Sec. 100- 31 for permission to construct addition with an insufficient sideyard setback. Location of prop'ert~1055 Soundview Avenu~r' ,~lattituck; bounded north b~y ~.I, Sound; west by Stritzie~i~ south by Soundview Avenue; east by MattRuck Shores ,~ ~ociates; County Tax Map Item No. 1000-94-1-9. 9:35 p.m. Application of Fanny ~Behlen Community Health C. enter, P.O. Box 659, Greenport, NY for a Special Exception to the Zoning Ordin- ance, Art, Iii, Sec. 100-30 for permission to erect an ambula- tory care clinic on resident- ially-zoned property located at the South side of North Road (C.R. 28; also C.R. 27), Greenport, NY; bounded north by North Road; west by Fenno; south by Fransisco; east by Item No. 1000-40-3-3.1. 10:00 p.m. Application of Fanny 'Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Variance to the Zoning Ordinance~ Art. Ill, Section 100-30 for per- mission to erect an ambulatory care clinic on residentially' zoned property located at the south side of North Road (C.R. 28, also C.R. 27), Greenport, ~ NY; bounded north by North Road; west by Fenno; south by Fransi~o; east by Nedoszytko; County Tax Map .Item No. 1000.40.3-3.1. Dated: September 251 1980 BY ORDER OF T~IE SOUTHOLD TOWN ,~ BOARD OF APPEALS · 10/ /s0 ii0) COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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; nnd that the notice of which the annexed is o printed copy, has been published in said Long/slond Traveler-Watch- man once each week for ........... .¢ ........................... weeks successively, commencing on the ..~.. ................................... Sworn to before me. mis ..Z~. ............... day at ................ ',.. ..... : ....... y. V.~.*..~..~. ...... ~y- ....................... Nota~-'~ Public CLEMENT J. THOMPSON NOTARY PUBLIC, State of New ~or~ ~, 52-9321725 N~siding i~ S~ ~;~ LEGAL NOTICE OF HEA. RINGS Pursuant to Section ~67 of the Town Law a~d the Provi- sions of the Amemted Code of the Town of Southold, the following matters will be held for public henring~ by tbe~ Beard of Appeals, Town Southold, at Town Hall, Mai9 Read, Southold, New York an Thur~lay, October 16, 1990: 7:35 p.m. Application of Loon and Pauline Krementz, Schoolhouse Creek, New Suf- folk, NY 11996 for a V~triance to the Zoning Ordinance, Art. VIH, Sec. 1004{0 far permls- sion to construct det~ebed garage in the frent aiid/ar side yard area. Location of proper- ty: 1640 First Street, New Suffolk, NY; bounded north by Schoolheaea Creek; west by by Uhl and Cutchngue Harbor; County Tax Map Item ~No. 1000-117-5-46.3. 7:45 p.m. Application'of Gus Denrmas, by william H. Price, Jr.,' Esq., 828 Front Street, Greonport, NY 11944 far a Variance to the Zoning Ordinance, Art. IH, Sec. 10~31 for permission to construct dwelling with insufficient front and rear yard setbacks. LOc. a: lion of property: Manhanset Ave: and Landing Lane, Grnenpert, NY; beundnd north by Manhanset Ave.; west by Pittas and Grafns; south by Grafas and Mylonas; east by Landing Lane; County Tax Map Item No. 1000-43-4-6. 7:55 p.m. Application of Ec- clea Pridgen, by Horton Con- struction Co., Konros Read, Box 21, New Suffolk, NY 11956, for a Variance to the Zouing Ordinance, Art. III, Sec. 100-31 for approval of insufficient width of a parcel to be estab- llshnd in a subdivisidn. Loca- tion of prope-*,,: South side of Great Pecor ay Boulevard, Laurel, NY; ,,,anded north by Great Peconic Bay Boule- vard; east by A. Cardinale Estate and Catalano; south by Peconic Bay; west by Kendel, Smith, Bayuk, Carey and Gan- non. County Tax Map Item No. 1000-12~6-14 and 15. 8:10 p.m. Application of Ya- sar Gucer, by Charles S. De~ Vou; 3630 Orchard Street, Orient, NY 11957, for a Var- lance to the Zoning Ordinance, Art. III, Sec. 100-31 for per- mission to construct dwelling with insufficient sideyards. Location of property: 45 Os- prey Nest Read, Greanport, NY; bounded north by Osprey Nest Read; west by Manners; ~ south by Paulisen; east by Dawn Estates Shopping Cen- ter. County Tax Map Item No. 1000-35-6-38. 8:25 p,m. Application of John J. and Ethel Moon, 104 Lipton Lane, Williston Park, NY 11596, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct dwelling with insuf- ficient frontyar&. Location of property: 6520 Skunk Lane and ~0 Haywaters Drive, Cut- chogne, NY; bounded north by Skunk La. (Bay Ave.); west by Murcbek; south by Smith; east by Haywaters Drive. County Tax Map Item No. 1000-104-5-4. 8:35 p.m. Application of Dwight A. Horne, 750 Village Lane, Orient, NY for a Var- iance to the Zoning Ordinance, Art. III, Sec. 100-31 for ap- proval of insufficient area and width of two proposed parcels. Location of properties: 750 and ~00 Village Lane, Orient, NY; bounded north by DeEas- tines; west and south by Nork- lun; east by Village Lane; County Tax Map Item No. 1000-25-1-14 and 15. 8:50 p.m. Application of Harry J. and Lillian A. Bagli- vi, Nassau Point Road, chogne, NY for a Varian. the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of three proposed parcels. Loca- tion of properties: Nassau Point Road and Wunneweta Road, Cutchogue; bounded north by Alexander and Gold- en; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4- 32. 9:00 p.m. Application of -Har~y ~agli¥i, by Skinny Dip - ~pools, Inc., P.O. Box -~attituck, NY 11952, for -va'/'iance to the Zoning Ordi- ~a~cef Art. III, Sec. 100-321for ~e~m~ssi0n to conStruct swim- ming pool in frontyard area. Location of property: 3440 Nassau Point Road, Cut- chogue; bounded north by Alexander and Golden; west by Wunneweta Read; south by Horowitz; east by Nassau Point Read; County Tax Map Item No. 1000-111-4-32. 9:10 p.m. Application of Charles Sidorowicz, 125A Cox Neck Read, Mattituck, NY for a Variance to the Zoning Ordi- nance, Art. III, Sec. 100-32 for permission to construct gar- age in sideyard area. Location of property: 125A Cox Neck Road, Mattituck; bounded northeast by Mattitock Creek; northwest by Mrowicki; south- west by Cox Neck Road; southeast by Sievernich; County Tax Map Item No. 113-8-4. 9:20 p.m. Application of Thomas Ynsso, 1055 Sound- view Avenue, Mattituck, NY for a Variance to the Zon- lng Ordinance, Art. III, Sec. 100-31 for permission to con- struct addition with an insuf- ficient sideyard setback. Lo- cation of property: 1055 Sound- view Avenue, Mattituck; bounded north by L.I. Sound; west by Stritzler; south by Soundview Avenue; east by Mattituck Shores Associates; County Tax Map Item No. 1000-94-1-9. 9:35 p.m. Application of Fanny Behlen Community Health Center, P.O. Box 659, Greenport, NY for a Special Exception to the Zoning Ordi- nance, Art. III, Sec. 100-30 for permission to erect an ambu- latory care clinic on residen- tially-zoned property located at the South side of North" Road (C.R. 28; also CR. 27), r Greenport, NY; bounded north by North Read; west by Fen- ! no; south by Fransisco; east by Nedoszytko; County Tax ] Map Item No. 1000-40-3-3.1. 10:00 p.m. Application of Fanny Behlen Community I~ Health Center, P.O. Box 659, Greenport, NY for a Variance $ to the Zoning Ordinance, Art. III, Section 100-30 for permis- · sion to erect an abulatory care clinic on residentially-zoned property located at the south side of North Road (C.R. 28, · also C.R. 27), Greenpert, NY; bounded north by North Road; west by Fenne; south by Fran- sisco; east by Nedeszytko; County Tax Map Item No. 1000-40-3.3.1. Dated: September 25, 19~0. BY ORDER OF ' THE SOUTHOLD TOWN BOARD OF APPEALS 1TO9-3531 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ...................................................... 19 To ~.'..~......:.7_/T.... _ .~:.. ............ ..... ..................... ...... ........ for permit to construct .......... .~'..~...~..~.. ................ at the premtses located at .................................... ...~ ...... ~.~ ..................................... ' ~s~/~~~, / Mo p .~.,.,~, ,,. ,.,~..,, ,~,.. ,~.'~.. ..... ..... Lot ............ : J., ,~, ~.,~.,,,,, ,~,, ,~,, ,~,, ,~,, is returned herewith and disopproved on the following grounds ...... ~~ ..................... f-.~..._/._~._¢...-...~.~ ................................................................................ ~. ............................................. Building Inspector ~O Lb L-- A.] %0 ~W I~OB,~ NO, 1 TO~N OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date .".".k,~..J~ ...... ~ ............... , a. This application must be completely filled in by typewriter or' in ink and submitted in triplicate to the Building Inspector, with 3 sete 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 os areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the 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 Deportment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, Ne~ ,,,~o~, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions Or alterations, ~; for ~emoval or j~lernolit~)n, as herein described. The applicant agrees to comply with all applicable laws, ordlnances, b)5 ling~ode, hous/'n~3.~:ed~./and regulations, and to (Address of applicant) State wheth rchitect, engineer, general contractor, electrician, plumber or builder. nt is owner, lessee~ i ::::::::::::::::::::::::::::::::::::::::: ........................................ : ....... Builder's License No ..................................................... Plumber's License No ......... .~ ................................... Electrician's License No ..... i[~...~. .x3A l l~..-~.... ......... Other Trade s License No ................ 1. Location of land on which prOpo,~ed work will be ~ne. Map No.'~.~ ........ ;~ ..................... ~*s Lot No.! .J....(~...~ ............. Street and Number ......... ~...~'....~)..~.. -~-...(~/. ....... ~.O..j.~..~.,[--~. ......... J~,~l~ .................... .(~~..~. ...... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy ...... ,~. ............ ~ .................................. b. Intended use and occupancy "Nature of work (check which O~cable): New BuiMing. AO0n ..~ ............. Alterat,on ............... Repair ................ ./, Remora Demo flor ......... (to be paid on filing this application) ..... 5. If dwelling, number of dwelli~gt units ............. .1 ............. Number of dwelling units on each floor ...~ .............. If gore]e, number of cars ...... ~ ................................................................................................................................ 6. h' bus~ ess, commeroal or mixed occupancy, specif~v nature and extent or,ach type of use ............................ 7. Dimensions of existing structures, if any: Front .....~..'.'~.. ............. Rear ....~..; .~.... .................. Depth "'~' .l ........... Height Number of Stories ...... '.~ ........ Dimensions of same structure with alterations or additions: Front .................................... Rear Depth ................................Height ......................~ber of Stories ....... ~ .............. 8. Dimensions of entire new construction: Front ...... ~ ................ Rear....~.. ........... Depth .~...J. ..... Height .................... Number of Stories ....................................................... 9. S,ze of lot: Front ..... ~-~ .~. ..................... Rear (~...~. ...... 10. ate of Purchase[J.c,.~. .......... ~[...~.(~...'~. ....................... N~]~e of Former Owner ........................................................ 11. Zone or use district in which premises are situated ....... ~-....'~r~...-~. ................................................ t2 Does pro,eased construction violate any zoning law, ordinance or regulation: ........................................................ '" VVill lot be eg aded J~- .~. om premises: ( ) Yes ~1~ No ,.~. r r ................... Will exc,ess fill be removed fr .... m her r .............. ' · · Phone No - Name of Architect '~-"'~?'7' ....................... ~ .................... :... Address ................................Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from .~rcp~.rty lines. Gi~e street and block number or description according to deed, and show street names and indicate · vhether interior or corner lot. duly sworn, deposes and says that he is the applicar,~ He is the .......................................... ~....Z...._.~ .............................................................................................. C~corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that oil statements Contdine~J in this applicction are true to the best of his knowledge and belief; and thor the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this (% .,~ . / · .~ . ~' '"-"'Y,~.,~..v~'~^ "~'""~ .......... ~ ....... ~ .... '~' ' ...... ~'~'"~;~;"~~gnature of applican~ ..... ........................ NOTARY PUBLiC,State of Ne~ York . No. 52.8125850, Suffolk Cou~ Term Expires March 30, 1~ COUNTY OF SUFFOLP °... :[ DEPARTMENT OF PLANNING (516) 360-5513 L£E~ Ir. KOPP£LMAN December 8, 1980 Board of Appeals Town of Southold Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant , Municipal File Number Harry J. Baglivi ~" ~ ! ~ 2751 Very truly yours, Lee E. Koppelman Director of Planning CH;t~l~ PLANN.':R TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals 765-1809 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes Pursuant to the General Municipal Law, Chap~r 24, of the Consolidated ~ws, Article 12--B, ~ctions 239-1 and m, the..~.~.~P~!~ ................ ofthetownof .... ~.~l.~ ................ (a~ncyinvolved) hereby refe~ the following propped zoning a~ion to the Suffolk County Planning Commission: (check one) Appeal No. 2751 Harry J. Bagltvi Nassau Pt. and Wunneweta Roads Cutchogue, NY llg35 ................ Special permits ...... X...x. ..... Variances Art. III, Sec. ]00-3~ Location of affected land: .I...n..t..e...r..s...e..c...t..i..o...n.....o.f Nassau Pt. & Wunneweta Roads, Cutchogue within 500 feet of: (check one or more) 10'00'"Tll'"'4'~3'2........................................................... ...... .X...X. ..... Town or village boundary line, or shore line L t t t 1 e P e c o n t c B ay ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ ~am or county owned parcel on which a public building is situated Co~en~ Public Hearing was held 10/16/80, re-convened and closed /20/80. Permission to construct ~n-ground swimmtngpool in frontyard area as determined by the building inspector due to road frontage on two public roads was granted with two conditions as shown on the attached. Copies of minutes and ~t~e e~closed. ~Varlance under same date to divide property n three parcels ~/~/~0 was denied.) Date: .~...~:~.~ ................................. Linde F. Kowalskt, Secretary Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. Southold Town Board of Appeals MAIN ROAD- ~TATE R~3AD 25 -~rlUTH[3LD, L,I., N.Y. 3197~ TELEPHONE (516) 765-1809 APPEALS ROARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H, Saw~cki November 10, 1980 Robert W. Tasker, Esq. 425 Main Street Greenport, NY 11944 Re: Appeal Nos. 2750 and 2751 Applications of Harry J. and Lillian Baglivi Location of Property: Nassau Point Road, Nassau Point Dear Mr. Tasker: On October 16, 1980, the Board of Appeals held public hearings concerning two appeal applications of Harry J. and Lillian Baglivi in which he requested: (a) permission to re-establish Lots l, 2 and 3 as they existed in the 1969 Minor Subdivision No. l0 of George Matthews, with insufficient area and width; and (b} permission to construct accessory swimmingpool in the frontyard area as deter- mined by the Building Inspector because of the merger. The history of the property involved is as follows: (a) This property was known as Lots 168 and 169 of "Amended Map A of Nassau Point," Map No. 156, which is on the Excepted List of Subdivisions, Article I, Section 100-12. Both of these lots contained more than 40,000 square feet; the width at least 100 feet. (b) On June 23, 1969 the Planning Board approved the Minor Subdivision of George Matthews, for four lots, each about ~-acre. {c} On October 30, 1969, Lots l, 2 and 3 of the Minor Sub- division of George Matthews were conveyed to Harry J. and Lillian Baglivi and remain in the same ownership to date. (Lot 4 was in separate ownership in the sole name of Harry J. Baglivi and was then conveyed to Alexander.) (d) During November 1975, the Planning and Appeals Boards approved a change in the lot line between Lots 2 and 3. The legal advertisement described only the perimeter of Lot 2. Abigail Wickham, attorney for the Baglivi's at the 1980 hearings claims that the Boards had intended Lot 2 separate from Lot 3, and had intended Lots 2 and 3 separate .from Lot 1. Robert W. Tasker, Esq. Re: Appeal Nos. 2750 and 2751 (Baglivi) (e) During September 1980 the actions of 1975 were approved by the Planning Board in the "grandfathering" procedure. (f) On October 17, 1980, our office received communications from the County Department of Health Services (copy attached) stat- ing they do "...not recommend residential lot sizes of less than 40,000 square feet in area using private wells...and is especially pertinent to the Nassau Point area which has a relatively limited water supply .... " On March 10, 1977 the Board of Appeals.denied an area/width variance to Arnold Gardner because of the "...finite nature of the available water supply which is replenished solely by rainfall...and many single undeveloped lots on Nassau Point should have prior rights to the available water .... " (Copies attached.) (h) Upon referring this matter to the Planning Board, they have determined that since the Minor Subdivision No. l0 was duly approved and signed by the chairman of the Planning Board, that it deserves consideration as such, (copy attached). These hearings have been recessed until November 20, 1980. The Board is scheduled to confer with you on Wednesday, Novem- ber 19, 1980 at 3:30 p.m. and would like to review these matters with you at that time. If you have any recommendations in the interim, please do not hesitate to let us know. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS CG:lk Enclosures APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. 5awicki Southold Town Board of Appeals MAIN ROAD- S'I'AT£ ROAD 2S SDUTHOLE), I..I., N.Y. 11971 TELEPHONE (516) 765-1809 November lO, 1980 Abigail A. Wickham, Esq. Main Road, Box 1424 Mattituck, NY 11952 Re: Appeal Nos. 2750 and 2751 Applications of Harry J. and Lilliam Baglivi Dear Gail: This letter will confirm that the above matters have been recessed until the November 20, 1980 meeting of this Board, 8:50 p.m. and 9:00 p.m. respectively. Sincerely yours, Linda F. Kowalski Secretary Southold Town Board of Appeals -22- October 16, 1980 Should you have any questions, or if we may be of further assistance, feel free to contact this office .... Very truly yours, /s/ Paul J. Ponturo Ass't Public Health Engineer. MR. CHAIRMAN: Well, if there are no further questions -- MR. BOLDEN: When was that recorded, '717 MR. CHAIRMAN: '77. I'll till the next regular meeting. reserve decision. offer a resolution recessing this We'll close the hearing and MRS. WICKHAM: No, I-- The Chairman withdrew his motion to close the hearing and moved to make the following resolution: On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to recess the matter of Harry J. and Lillian ~, Appeal No~ till the next regular meeting of this Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. PUBLIC HEARING: Appeal No. 2751. Application of Ha_~ ~, by Skinny Dip Pools, Inc., P.O. Box 108, Mattituck, NY 11952, for a Variance to the Zoning Ordinance, Art. III, Sec. 100-32 for permission to construct swimmingpool in the frontyard area. Location of property: 3440 Nassau Point Road, Cutchogue, NY; bounded north by Alexander and Golden; west by Wunneweta Road; south by Horowitz; east by Nassau Point Road; County Tax Map Item No. 1000-111-4-32. The Chairman opened the hearing at 9:26 p.m. by reading the appeal application, showing notice of hearing and affi- davits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: Again, we have a section of the County Tax Map and survey showing where the proposed pool is to go. It is set on what is known as Lot 3. It doesn't give the distance. Southold Town Board of Appeals -23- October 16, 1980 MR. BOEHLE: Can you give the boundaries of Lot 3? MR. CHAIRMAN: Well, Lot 3 is bounded on the south by what would be Lot 2, and all it says on here. Did you want the dis- tances? MR. BOEHLE: Ownerships. I don't have a map in front of me. I'm confused about Lots 1, 2, 3 and 4. MRS. BAGLIVI: Alexander and Horowitz. MR. BOEHLE: And then Wunneweta Road? MR. CHAIRMAN: Right. It doesn't have it on that map. Gall, do you have anything more you want to add to this? ABIGAIL A. WICKHAM, ESQ.: Yes, because of the nature of this variance it's really only necessary in the event that you deny the previous variance. But I would like to, address the issues just based on the assumption that you have denied the first variance application. The consequence of that would be that this would all be one lot and therefore we're asking for permission to put a pool in what is considered the frontyard area because that is the area which is on a line parallel to Wunneweta Road. Now, if it is all considered one lot, it mean.s that this property has no rear yard. So what we're asking~to put the pool in one of the yards, one of the frontyards. It happens to be the yard that is further from the road in a location that's a fair distance from the roadway. And is well suited on the lot itself. There are other accessory uses in the neighborhood, and in the actual frontyards of these lots, and I believe the Board is familiar with them. MRS. BAGLIVI: Tennis court- MRS. WICKHAM: Tennis court nearby, etc. MR. BAGLIVI: And Pool. MRS. WICKHAM: And pool. But if it were to be considered one lot, there being no rearyard you just, under the technical definition of the zoning ordinance, this is the only place you could put an accessory structure. MR. BOEHLE: You're referring to a frontyard, and it isn't called a frontyard because it isn't a separate lot yet. Is that right? MR. CHAIRMAN: Mrs. Wickham has the floor at the moment, so when she's through then you can ask your questions. MRS. WICKHAM: I'm through. I'll be glad to answer any questions. Southold Town Board of Appeals -24- October 16, 1980 MR. CHAIRMAN: Now, what was your question again? MR. BOEHLE: The frontyard she refers to trying to ask permission to create. We don't yet. is the lot we're have it as a lot MRS. WICKHAM: Um, if I may answer that. MR. CHAIRMAN: Go ahead. MRS. WICKHAM: The position on the previous hearing was that it already is a separate lot, and the Board is not being asked to create three lots but to recognize the fact that they already exist. If however they should decide for some reason that they don't exist, then we're considering one lot, so this application is really being requested only in the event that the previous one is denied. MR. BOEHLE: Can I ask the Board. What does it take to own a separate lot? A separate deed with separate ownership? MR. CHAIRMAN: Right. MR. BOEHLE: Do they have that provision right now, four separate deeds to these lots? MRS. BAGLIVI: In separate names, is that what he is saying? MRS. WICKHAM: May I answer that? MR. CHAIRMAN: Yes. MRS. WICKHAM: It's our position that either you have single or separate ownership or you have an approved subdivision, and that's what we feel we have here -- is an approved subdivision. MR. CHAIRMAN: Does that answer the question? MR. BOEHLE: Not really but it's something to go on. MR. CHAIRMAN: Is there anyone else to speak for this first? No one else for it? Those opposed? W.S. GARDNER: Our association, a large majority, is opposed to swimmingpools, one for the use of water and two, for aesthetic reasons. Two statements were made before which I don't quite understand, and I'd like to ask some questions. Driving around this property there are two excavations. One on Nassau Point Road and one on Wunneweta Road. And I'd like to know is the one on Nassau Point Road the one we're talking about for the swimmingpool? MR. CHAIRMAN: No. That's for weeding the garden. Southold Town Board of Appeals -25- October 16, 1980 MR. GARDNER: That's going to be a subterranean garden. I could go in that hole and you wouldn't even be able to see the top of my head. MR. CHAIRMAN: He says it will be filled by November. MR. GARDNER: Why dig it out and fill it up though. It's very, very peculiar. MR. CHAIRMAN: There's nothing but sand in there, and he wants to put something in there that will make stuff grow. MR. GARDNER: What is he going to grow, trees with roots down eight feet? I mean this is not the question before you gentlemen. It's a little, ~ay, "questionable." So it's not the one on Nassau Point Road that they're talking about, that's not the excavation-- MR. CHAIRMAN: Not for the pools, no. The pool is on Wunneweta. MR. GARDNER: That's the big excavation in the back, the very wide one. The back on Wunneweta? MR. CHAIRMAN: Yes. MR. GARDNER: Now, it seems to me considering there is no backyard, I think if the subdivision is not allowed, and we stick to the zoning code, one-acre lots, there is a backyard. On either Lot number 1 or 2, I don't know which one it is. One or two backs up to on somebody else's lot. MR. CHAIRMAN: No, 2 and 3. MR. GARDNER: Three is on Wunneweta, right? MR. CHAIRMAN: Right. And 2 is-- MR. GARDNER: And 1 and 2 are on Nassau Point Road. MR. CHAIRMAN: Right. MR. GARDNER: So 1 or 2 back up to somebody else's property that's next to 3 on Wunneweta. MR. CHAIRMAN: Two backs up to 3, and if it's left as one lot there is no backyard. MR. GARDNER: All right, but it's left all as one lot, l, 2, and 3. And 1 has a backyard. MR. CHAIRMAN: That already has a garage and another build- ing in it. Southold Town Board Appeals -26- OOctober 16, 1980 MR. GARDNER: But it has a backyard. MR. CHAIRMAN: That does. MR. GARDNER: So the claim that it wouldn't be a backyard is not true. MR. CHAIRMAN: You're leaving the three lots in, and we're leaving the, the dwelling is on Lot 2, and what remains of that lot fronts on Wunneweta, is that what you're-- MR. GARDNER: No, but 1, 2 and 3, assuming that it's one lot, so a portion of that 1, 2 and 3-- MR. CHAIRMAN: Yes, one little section, 99 feet. MR. GARDNER: Right, and it has a backyard. MR. CHAIRMAN: Right. MR. GARDNER: So that's what I'm saying, that is a backyard there. And of course as you know, we went through a great battle on pools with Mr. Eggers and Mr. Brac. We took a very active interest on backyard verses frontyard. MR. CHAIRMAN: But the zoning law though, the backyard is behind the dwelling. MR. GARDNER: That's right. MR. CHAIRMAN: Well it wouldn't be. The dwelling is Lot 2. And the lot line runs 100 feet from there out to Wunneweta that can't be backyard. on MR. GARDNER: You mean the house on Lot 2-- MR. CHAIRMAN: It's only a partial backyard in that lot. When you combine the three lots. MR.. GARDNER: Yeah, I'm saying, on this supposed Lot 1 is a backyard. So I'm saying there is a backyard if these three lots are kept together. MR. CHAIRMAN: Yeah, but just on part of it. MR. GARDNER: All right, there is a backyard. MR. CHAIRMAN: Yeah, but that's no use to us. MR. GARDNER: It's what? MR. CHAIRMAN: It's no good for what purposes looking for. they're Southold Town Board of Appeals -27- October 16, 1980 MR. GARDNER: I'm not worried about their purposes; I'm worried about the zoning code. MR. CHAIRMAN: Well, that's what we're a little concerned with too. MR. GARDNER: I don't think it's a clean-cut thing if they say they have no front, no backyard. I think this should be taken under advice too so we can get more facts and argue our point. MR GARRIGAN: Do I understand that the Building Inspector turned down the pool? MR. CHAIRMAN: Yes. MR. GARRIGAN: Then why doesn't the town do something about a man that starts an excavation to build a pool? You know, if he doesn't have a permit why do you permit him to do this? MR. CHAIRMAN: The Building Department can go ahead and penalize them and fine them up to $250 a day. MR. GARRIGAN: Don't you people do anything about it? MR. CHAIRMAN: We're not the enforcing agency. We can't do anything about it. The Building Department is the enforcement agency. MR. GARRIGAN: So we should go to the Building Department. MR. CHAIRMAN: That's right. What was your name, sir? MR. GARRIGAN: Garrigan. MRS. WICKHAM: In this hearing also the question of water came up and I would just like to inform the Board that the pool will not be one that will be re-filled every year. It will be filled initially, water will have to be put in to keep the level up, but it will be closed in the winter with the water in it. I would think that people watering their lawns, taking long baths and showers probably use -- waste water as much as anything else. And I don't think that's the point here. MR. CHAIRMAN: Well this will be recessed along with the other one, because the both of them are tied together. MR. BOEHLE: Do I understand correctly we cannot decide the question of the pool until we ascertain the question of the four separate lots? Southold Town Board of Appeals -28- October 16, 1980 MR. CHAIRMAN: Three separate lots. MR. BOEHLE: Three separate lots. houses or whatever. Then we can talk pools, MR. CHAIRMAN: Right. MR. BOEHLE: If they put a pool in they could always put a house behind it, still got room for that. MRS. WICKHAM: Front of it. MR. CHAIRMAN: Front of it. pool. Put the house in front of the MR. BOEHLE: Ok. The first thing to be decided from here on in is the question of the lot. MR. CHAIRMAN: Right. MR. BOEHLE: And that'll be determined by next week, next meeting? MR. CHAIRMAN: No-- MEMBER DOUGLASS: It will come up on November -- MR. CHAIRMAN: We have a little problem getting the dates set up for the next meeting. I will be out of town from the 4th till the 15th. Normally the meeting would have been the 6th. So we either have to meet on the 20th of this month-- SECRETARY: You mean the 30th. MR. CHAIRMAN: 30th of this month, or November 13th. Or the 20th. MRS. WICKHAM: Excuse me, is the hearing finished? MR. CHAIRMAN: Yes. :We're just trying to get a date set for the next hearing. I'll offer a resolution recessing this one to go with the first (Baglivi) hearing. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the matter of Harry J. Baglivi, Appeal No. 2751 be recessed till the next regular meeting of this Board. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVIEE$ MARY C. MCLAUGHLIN, M.D., M.P.H. March 2, 1977 MAR 4 REC'D Ms. Mary E. Dawson, Secretary Southold Town Board of Appeals Southold, NY 11971 Dear Ms. Dawson: Your letter of 2/28/77 to Mr. Robert Villa of this office has been referred to me. The Department of Health Services has conducted several surveys of the Nassau Point area, the most detailed of which resulted in the 1971 report which we have enclosed for your reference. I have'also enclosed a copy of the most recent samplings performed in 1975. While no statistical comparison can be drawn between these samples and those summarized in the survey report, the results do demonstrate that the same basic quality problems still persist. The conclusions drawn in the 1971 report therefore are still pertinent. One point of clarification should be made with respect to the most recent samples. The analysis for these samples was expanded to in- clude copper and zinc. The presence of copper and zinc indicates the occurrence of corrosion of copper and galvanized piping, respectively. Such corrosion is, in turn, due to the natural acidity of Long Island ground water. The presence of these corrosion products are not thought to represent a health hazard, although aesthetic effects may occur. ~ Should you have any questions, or feel free to contact this office. t27; east by A. Shames and the , .~ain Road (Route 25); west by ~lication of Williams Contracting if we may Paul J'Pu~ Ass't. be of further assistance, uro ~ Health Engineer NASSAU PDINT PROPERTY OWNERS ASSOCIATION P. O. Box .'"446 OUTOHOGLIE:, L. I., N. Y. 11935 October 12,1980 Zoning Board of Appeals Town of Southold Southold, N.Y. 11935 Gentlemen: As you will probably recall, members of our Association have often appeared before your Board in the interest of preserving the tenuous water supply on Nassau Point. These appearances have been in connection with subdivision of properties and the installation of swimming pools. In the past the Association itself, while encouraging active participation in these hearings by its members, did not take an official stand. Because of our continuing concern about water and the increase in requests to your Board to allow variances which would further reduce our supply, the Board of Directors of our Association passed a resolution which provides that our Association will officially object to the granting of any variances that will result in any lot being less than one acre. For this reason, we wish to express our deep concern over the variance request at next Thursday's meeting to divide Mr. Baglivi's plot of 1.5 acres into three lots. ?[e strongly support the present zoning regulation of one acre plots and in speaking to my friends and neighbors they have all expressed their fear of any such subdivision and its effect on our water supply and consequent property values. I believe there is strong precedent for your Board to deny this request. In 1977, an application for a variance was made to your Board to divide a similar lot ( Lot 141 on the Nassau Point map~and then owned by Mr. Arnold Gardner) into less than one acre lots and your Board wisely denied the request on the basis of our water supply problems. We earnestly request that you deny the current application. On the matter of the swimming pool, our Association and a large majority of our members are opposed to the construction of pools because of their effect on our water supply. With beaches and beautiful Peconic Bay within a'short distance of any home on the Point, it is hard to understand anyone wanting to mar the landscape with a pool. We also wish to register our protest on this application and hope that youL deny it. ~¢e support your efforts health of this area. greatly appreciate the work your Board is doing and we wish to to enforce the Zoning Code and the beauty and V~ery~ truly ~ours, W. S. Garden, President Southold Town Board of Appeals -16- February 17, 1977 PUBLIC HEARING: Appeal No. 2245 - 8:40 P.M. (E.S.T.) upon application of Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for per- mission to set off lot with existing building. Location of prop- erty: west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York; Lots #141 and 142, Map of Nassau Point Properties. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newapapers, and notice to the applicant. The Chairman also read statement from the Town C~erk that notification by certified mail had been made to: Richard Anderson; Arthur John Flynn. Fee paid - $15.00. THE CHAIRMAN: The survey accompanying the application by Van Tuyl, dated December 7, 1976, the premises under discussion on Wunneweta Road are 137' on the northerly dimension, 150' on the easterly dimension, 151' on Wunneweta Road, and 160' on the southerly dimension, that makes 22,585 sq. ft. The map indicates a number of surrounding properties which are, some are larger, some smaller. Is there anyone present who wishes to speak for this application? ARNOLD GARDNER: I wish to speak for it, but merely to state that what you just read in the application is the position we wish to take in this matter. THE CHAIRMAN: division? Is this more than one lot of the original ARNOLD GARDNER: Yes. Originally, it was one lot, #141. Then that was split off With an adjacent lot so that it con- s~itutes a lot and a half. The original lot was a 100' lot that ran from Nassau Point Road to Wunneweta Road. Then they took 50' of a lot between that and the corner lot now owned by Flynn and made each of those lots 150'. (The Board and Mr. Gardner discussed the location and the size of the property.) THE CHAIRMAN: Is Prume across the street from you? ARNOLD GARDNER: On Wunneweta it's Dr. Goldhush. THE CHAIRMAN: He seems to have a lot that smaller than the one you're ... ARNOLD GARDNER: Well, Supin, which is now owned by VanCott, is smaller. Then there's a commercial lot almost across the street where they have this dockage place. It's called Wake White on the map but actually it's Rambo. Southold Town Board of Appeals -17- February 17, 1977 THE CHAIRMAN: Anyone else wish to speak for this application? (There was no response.) Anyone wish to speak against this application? RICHARD CRON, ESQ.: I'm here to represent Mr. Richard Anderson, who is a property owner to the south of this particular parcel. The reading of the application seemed to indicate to me that probably the most compelling reason that's being, advanced by the applicant for the granting of the application is that it's going to enhance his investment in the property. If I understood the literal reading of the application, he is intending to sell the piece that is being suggested as being parcelled out, and to lease the remaining property to somebody else. This application is both in a way an area variance application and, to a certain extent, a use variance application. Because what the applicant proposes to do is to break out a given area from a larger parcel, which would fall in the nature of an area variance, and at the same time he's enlarging the use of the parcel, the overall parcel, by creating basically a two-family type of situation on this one particular tract. It's certainly clear that there's a substantial lacking in area requirements as far as bulk schedule is concerned as to the parcel that's to be cut out. Moreover, you're left with a situation where you're going to have a rear yard on the parcel on which there is presently a residence of less than 50' I think this probably falls into an area of a violation of our zoning ordinance. This doesn't fall, I heard no proof or no state- ment that would establish that there's practical difficulty in terms of granting an area variance. Frankly, if you were dealing in the area of a use variance, I heard nothing that smacks of financial hardship for the purpose of granting such a variance. Our ordinance defines a subdivision as the breaking apart of a parcel of land into two or more parcels and the ordinance, in doing so, requires that you have 40,000 sq. ft. in that particular parcel of land. I disagree with the applicant's observations that it's in conformity with thC adjoining area. Certainly Mr. Anderson's lot runs from Nassau Point Road to Wunneweta and so does Mr. Flynn's. I would assume that the Board is prepared to open Pandora's box by also granting similiar applications to those people. In other words, we're going to break out, and what we're creating here is a situation of 40,000 sq. ft. improved lots and creating 20,000 sq. ft. unimproved lots, which is in direct vio- lation of our zoning ordinance. THE CHAIRMAN: generally smaller of the Town are. I think that the Nassau Point properties are than 40,000 sq. ft. just as many other sections RICHARD CRON, ESQ.: Not in this particular area. Southold Town Board of Appeals -18- February 18, 1977 THE CHAIRMAN: Some of them are, yes. ARNOLD GARDNER: They were subdivided before the one-acre zoning law. THE CHAIRMAN: Is this one of the excepted subdivisions in the ordinance? RICHARD CRON, ESQ.: This one is the Amended Map "A" of Nassau Point Club Properties. I think the excepted parcels are in the beginning of the ordinance. Here it is. A quick scanning, unless my eyesight deceives me, there's no exception as far as that map i~ concerned. THE CHAIRMAN: Some of the area in Nassau Point is excepted. RICHARD CRON, ESQ.: I bring to the attention of the Board that there's got to be sufficient legal reasons advanced for the granting Of the application. Frankly, I haven't heard any. THE CHAIRMAN: I think that the applicant said that it would be an economic hardship to ... he'd have to lease the property. RICHARD CRON, ESQ.: You're leasing a house, there's one house on it. You know, I could understand if there were tw~ houses on there and you wanted to set off one so that you would have two separate entities in existance, but right now, you're creating a sub-par lot if you grant the application. Substantially sub-par. There's no practical difficulty involved in setting off this particular unimproved lot consisting of a little better than 20,000 sq. ft. THE CHAIRMAN: Just the economic hardship. RICHARD CRON, ESQ.: What's the economic hardship there, that you can't rent the land because it has 20,000 sq. ft. more, I can't buy that. He's renting the house, he's not renting the land. ARNOLD GARDNER: ~Actually, when you consider the values of property on Nassau Point, if you try to lease an acre and a half located the way this is, if you try to get a fair return on your investment based on these values, on a lease basis, it's almost impossible. You just can't get it. To your point about this property being out of character with the adjacent properties, actually the one and one half acre piece is larger than 16 adjacent properties. If the variance were granted, the half acre would be larger than five nearby properties. RICHARD CRON, ESQ.: character as to your two the south. It's certainly going to be out of neighbors, though, on the north and Southold Town Board of Appeals -19- February 17, 1977 ARNOLD GARDNER: So are five existing properties. THE CHAIRMAN: We've never been able to get a guideline on what constitutes a neighborhood. We generally look at the whole area and if there are X number of undersized lots, under 40,000 sq. ft., we usually grant any reasonable application. This appears to me to be a reasonable application and I can fully concur with the view that the land is appraised there so that you can't very well rent it along with the house, too. How long are you going to rent it for, a long time? ARNOLD GARDNER: Yes, a long lease. THE CHAIRMAN: So, this isn't just a one-season deal. ARNOLD GARDNER: No, it wouldn't be a summer rental, it would be for year-round use. THE CHAIRMAN: Are you living there now? ARNOLD GARDNER: No, I'm living across the street. house is vacant. The THE CHAIRMAN: In view of all the decisions on area variances, which are less restrictive than use variances, it would be pretty hard to show that this is going to affect the safety, health, and welfare of %he Town of Southold. RICHARD CRON, ESQ.: What I'm concerned about is the practical difficulty of the situation. You're talking about an area variance. Frankly, I find no practical difficulty in leasing the land in terms of an acre and a half against an acre. You're enhancing a residential dwelling and making it into an investment at the request of the applicant in direct violation of the zoning ordinance. I would assume that you would now have to give favorable consideration to each of the adjoining owners if they come in and likewise decide to parcel out 20,000 sq. ft. That would create six residences where there were three. CHARLES GRIGONIS, JR.: There's no way you could stop that. RICHARD CRON, ESQ.: I think it's a substantial deviation from the ordinance to grant this application on the basis of practical difficulty for the reasons that have been advanced. THE CHAIRMAN: I don't think it's a practical difficulty, think it's an economic difficulty. RICHARD CRON, ESQ.: Where's the economic hardship? THE CHAIRMAN: Well, I don't know what it's appraised at, what the land is worth, but his tax bill probably reads something (- Southold Town Board of Appeals -20- February 17, 1977 like $12,000 for the land and $10,000 for guessing, but the land is probably almost on the tax bill. the house. as much as I'm just the house RICHARD CRON, ESQ.: Frankly, I don't see any substantial economic hardship, I think the variance is basically a use vari- ance that involves economic hardship. ARNOLD GARDNER: What would you say is a fair return on investment? RICHARD CRON, ESQ.: I don't think one looks at a residential dwelling in terms of a fair return. THE CHAIRMAN: You do if you're stuck with it. RICHARD CRON, return on it, but buy. ESQ.: If you sell if you're using it, it you look for a fair this is what you chose to ARNOLD GARDNER: No one can dictate what someone else wants to do with his own property. RICHARD CRON, ESQ.: We're not trying to dictate, all we insist upon is that the Ordinance be strictly applied to a given situation. THE CHAIRMAN: Well, if we denied this it would be contrary to the policy we pursue here, have pursued for the last four or five years. RICHARD CRON, ESQ.: But I'll bring to your attention that most of the time you were dealing with area variances, you were not dealing strictly with vacant land. You were dealing with situations where there were existing buildings on the land. THE CHAIRMAN: No, I would say that more of ours deal with vacant land than they do with land where there are structures. Occasionally we hav~ them, tonight we have two of them. But we have frequently dealt with vacant land. We frequently have con- troversial hearings where, say, a fellow wants to break up 66,000 sq. ft. into two 33,000 sq. ft. lots and everybody in the area is on 20,000 sq. ft. and they line up to object. RICHARD CRON, ESQ.: That's a different situation than what you have here though. THE CHAIRMAN: We don't go into motivation. Anyone else wish to speak? CHARLES JANTZEN: I own lot 9145 on Nassau Point Road. Southold Town Board of Appeals -21- February 17, 1977 THE CHAIRMAN: What's the size of that lot? CHARLES JANTZEN: 7/8 of an acre. One of the problems that you say might be grounds $or denial of such a request would be on the basis of health requirements, I think you mentioned that. THE CHAIRMAN: Well, that's up to the Board of Health. CHARLES JANTZEN: I would like to bring to your attention some of the investigation on the ground water situation on Nassau Point as presented by the Board of Health to the Nassau Point Property Owners Association at their annual meeting on August 24, 1975. Many of the people on Nassau Point are very concerned about the tenuous situation of the ground water that exists in that area right now. As a matter of fact, Nassau Point is very different from the mainland of the North Fork in that the ground water table is much more subject to intrusion because of its close proximity to water all around. This diagram right here will show you the approximate relationship between the mainland of the North Fork and Nassau Point and the existing ground water under both. Ap- proximately 50% of the wells on Nassau Point are suffering from salt water intrusion at the present time where we have an excess of 250 parts per million. Many of these wells are up to 1,600 parts per million. The lens of water that is under Nassau Point is shaped like a camel lens in that the people who are closest to the edge of the water will be the people who are going to be without water first. This piece of property is fairly close to the edge of the water, although many other people will be affected. The projected study by the United States Geological survey and the Town of Southold says that Nassau Point will support 350 homes. "However, several factors must be incorporated into any allowable density in this area." THE CHAIRMAN: When was this report made? CHARLES JANTZEN: 1963. THE CHAIRMAN: How many houses have gone up since then? CHARLES JANTZEN:' We have presently about 300 houses on Nassau Point, and it says further in the report that we would have room for approximately 50 more houses from the present time and this, of course, barring no drought, because we get all of our water replenished strictly from ground water, there's no artesian system on Nassau Point. All of the water is strictly recharged from rain water. We have approximately 300 houses or homes on Nassau Point right now. We figure that we have a suffi- cient amount of ground water to support the present population. But, in conclusion, "Nassau Point has a limited quantity of fresh water in underground storage due to the salt water of the Bay's existing below the peninsula" and 50% of the wells presently are incurring salt water intrusion and their recommendation, on the Southold Town Board of Appeals -22- February 17, 1977 last page here, is to "establish low density zoning in the area; prevent any dredging of the shoreline; if the condition of the ground water shows deterioration, a central water supply for the peninsula should be established to provide management of the resource." If this has to come about, it's going to be a hard- ship on all of'the people of Southold Town, not.only the people on Nassau Point. I think we're going to open Pandora's box because Mr. Flynn, who is on the north side, an absentee land- lord, probably would like very much to have that piece of prop- erty divided. In the light of the water situation right now, it's not such a good idea. THE CHAIR/~AN: That's a 1963 report? CHARLES JANTZEN: Yes, 1963. THE CHAIRMAN: that. There have been some more recent ones than CHARLES JANTZEN: Well, if that was the situation back in 1963, it certainly wouldn't have gotten much better, it's gotten a lot worse. THE CHAIRMAN: I know. Have you got anything more recent than that? There were some studies done. CHARLES JANTZEN: In 1971, this report was made by the General Engineering Unit of the Suffolk County Department of Health. They pretty much came up with the same results. THE CHAIRMAN: Well, I think this is a much more substantial reason for reconsidering Nassau Point now. Just what the function of the Board of Appeals would be in this, I'm not sure, but we can bring it to the attention of the Town Board and the Planning Board and it may be that this should be, any further division of lots on Nassau Point should be eliminated. Whether we can legally do this or not, I'll have' to investigate. CHARLES JANTZEN:- Could you postpone the decision until we get more information? THE CHAIRMAN: Yes. RICHARD CRON, ESQ.: I'd like to add to this particular argument if I may. I think the Health Department of Suffolk County would probably require that this be done through a sub- division map basis, an approved subdivision map. Any subdivision now, a breaking down of parcels subsequent to 1970 is being looked on with a real jaundice eye by the Suffolk County Health Department. On motion by Mr. Giltispie, seconded by Mr. Grigonis, it was Southold Town Board of Appeals -23- February 17, 1977 RESOLVED that the Southold Town Board of Appeals POSTPONE DECISION upon application of Arnold and Diana Gardner, Appeal No. 2245, until March 10, 1977, at 7:45 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. PUBLIC HEARING: Appeal No. 2248 - 9:10 P.M. (E.S.T.) upon application of James J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-118 E for permission to enlarge an existing, non-conforming building. Location of property: north side Horton Lane, Southold, New York, bounded on the north by Long Island Sound; east by A. Derosa; south by Horton Lane Beach; west by Horton Lane Parking Lot. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Robert Dow. Fee paid - $15.00. THE CHAIRMAN: The dimension of the entire new construction: front, 24'; rear, 24'; depth, 30'; height, 23'; two stories. The size of the lots is 120.11 in the front, 120.03 on the rear, the depth is 344.5'. It was purchased December 17, 1970. Is there anyone present who wishes to speak for this application? (There was no response.) There's no one here for this application? Well, my under- standing of it is that there are four houses on one lot here, they're all cottages. The house that is to be enlarged has been demolished. When we went down there, the bulldozer had been there before us, and it isn't there anymore. There are two or three other houses on the same lot, I don't know whether it's jointly owned or not. I think in any case we'll have to post- pone it until the appiicant tells us who owns the property and how many houses are on it, where they propose to put the new house, etc. On motion by Mr. Hulse, seconded by Mr. Grigonis, it was RESOLVED that the hearing upon application of James $. Murphy, Appeal No. 2248, be ADJOURNED until March 10, 1977, at 8:00 P.M. (E.S.T.). Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis. Suuthold Town Board of Appeals -2- March 10, 1977 basic use which is the wholesale storage and sale of used cars. However, the applicant testified that the probable, principle use would be the storage of used cars until transferred to the appli- cant's wholesale yard. Wholesale storage is a permitted use in the "C - Light Industrial" district. The Board finds that the public convenience and welfare and justice will not be served and the legally established or permitted use of neighborhood property and adjoining use districts will be permanently or substantially injured and the spirit of the Ordi- nance will not be observed. On motion by Mr. Gillispie, seconded.by Mr. Hulse, it was RESOLVED, Charles Tramantano, 1850 Colden Avenue, Bronx County, New York be DENIED permission to operate a used car sales lot, south side Main Road~-east of Skunk Lane, Cutchogue, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated February 17, 1977. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. On motion by Mr. Gillispie, seconded by Mr.' Grigonis, it was RESOLVED that the Southold Town Board of Appeals approve minutes dated February 25, 1977. Vote of the Boa'rd: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. 7:45 P.M. (E.S.T.) - DeciSion on Appeal No. 2245, Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Location of property: west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York; Lots %141 and 142, Map of Nassau Point Properties. THE CHAIRMAN: Since the hearing, I have studied the Malcolm Pirnie, initial water survey for the whole Town which Southold Town Board of Appeals -3- March 10, 1977 the Board of Health, with which the Board of Health survey of 1971 collaborates. The Board of Health survey shows that the surrounding area of Nassau Point is a pennisula surrounded by water. It seems to me that, at this point, the Board should make a stand. I don't think that we've ever denied a lot divi- sion here because of water because we felt that it really was not a problem, but these elaborate water studies were made and no one is using them. This is one place, it seems to me, where we should do everything we can to hold down the density. After investigation and inspection the Board finds that the applicant requests permission to set off lot with existing building, west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York. The findings of the Board are that the lot to be created would be undersized in a recommended low density area. Two water studies, a general study by Malcolm Pirnie of the Town of Southold in June, 1967, and the Suffolk County Board of Health 1971 survey of Nassau Point in particular, updated to 1975, emphasize the finite nature of the available water supply which is replenished solely by rainfall. In 1975,'.80% of the wells showed evidence of salt water intrusion according to the Board of Health letter of March 4, 1977, which indicates that there is no change in the 1975 test results. The creation of such a lot would set a precedent for the division of many lots which are somewhat over 40,000 sq. ft. in Nassau Point but not large enough for two lots. Many single and separate ~n~ developed lots on Nassau Point, some undersized, remain to be de- veloped and should have prior rights to the available water. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the char- acter of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York, be DENIED permission to set off lot with existing building, west side Nassau Point Road, east side Wunne- weta Road, Cutchogue, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2248 - 8:00 P.M. (E.S.T.) resumed hearing upon application of James J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in accordance with the O¸ O Southold Town Board of Appeals -9- November 6, 1975 PUBLIC HEARING: Appeal No. 2089 - 8:30 P.M. (E.S.T.) upon application of Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule and Parking Schedule for permission to alter property line. Location of property: Lots 93 and 92, Minor Subdivision #10, east side of Wunneweta Road, Cutchogue, New York. Fee paid $15.00. THE CHAIRMAN: Is there anyone present here tonight representing Mr. Baglivi? MR. HARRY BAGLIVI: I am here to speak for the application. THE CHAIRMAN: Before we open the hearing, I have a few questions to ask. The Notice of Disapproval from the Building Inspector states: "will change lot size as approved by Planning Board in Minor Subdivision 910 ~ a Resubdivision of Map of Nassau Point Properties - needs Planning Board approval as well as Board of Appeals, Article III, Section 100-30 and Bulk Schedule." No matter what action we take on it, you will also have to see the Planning Board because they, originally, created this minor subdivision. At the time we set this up for a hearing, I did not understand that this was a minor subdivision. MR. BAGLIVI: I brought a blown-up map of it... this is my house, and here is the garage, and this is a gravel driveway. I bought the property from Matthews. When I bought it the markers were not in... this is Belgium Block. On a recent survey I find that the markers go beyond the garage which would complicate things in the event I want to sell or build. Theoretically, a fence could be thrown up here which would terminate beyond the garage. When I bought, Mr. Matthews said there were four separate building plots. On the recent survey, the new markers were put in and they go beyond the garage. THE CHAIRMAN: What difference does it make? MR. BAGLIVI: This is all Belgium Block... area and it's all gravel; it's heavily tree'd. of the 12 feet until I looked at the new survey. is that this line be moved. this is the parking I was not aware All I am asking THE CHAIRMAN: So you can use the Belgium Block? MR. BAGLIVI: Not for that reason but in the event that I sold, I would not have to break up the driveway. Southold Town Board of Appeals -10- November 6, 1975 THE CHAIRMAN: You bought a minor subdivision. MR. BAGLIVI: Yes. There were no markers. THE CHAIRMAN: So what we are talking about is altering a lot line that you own. You are using a garage on #169 and you live on #168. Mr. Baglivi showed the Board a more'recent survey. This is my home, this is the garage, and this is the driveway which terminates all the way at the end of the garage. So, I say if I were to sell or build, somebody could put up a'fencestarting here and going across this garage. THE CHAIRF~AN: I take it you don't plan to sell this lot. MR. BAGLIVI: My daughter is being married soon and I might build a home for her. THE CHAIRMAN: The Planning Board is involved. Ordinarily, we don't do things backwards like this. HEARING CONT'D: The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. Notification by Certified Mail was sent to the following: Ruth B. Horowitz, 11-21 77th Road, Forest Hills, N. Y. and Alexander Charles & Wf, 257 Aspen Street, Floral Park, N. Y. THE CHAIRMAN: We have already discussed the problem. The way Howard Terry explained it to me is that a portion of the lot would be a triangle. It's just so you can get in and out of the garage. MR. BAGLIVI: There is another point. The house sits up on top of the hill and there is no way of putting in a driveway. This is all shrubbed in. You could not bring a car up. I am not trying to sell the lot - and I am not trying to make improvements in the hopes of selling the lot. Southold Town Board of Appeals -11- November 6, 1975 THE CHAIRMAN: If you are going to continue to use this driveway as long as your daughter owns this property , you may be boxing yourself in. MR. BAGLIVI: I would like to have partial protection. I want to move it 12 feet to terminate at the end of the gravel. THE CHAIRMAN: Is this projection with the swing-line correct? MR. BAGLIVI: No. THE CHAIRMAN: I assume that covers everything you wish to say at this time. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. GEORGE CASE, Nassau Point Civic Association: His proposal seems reasonable but I have a disagreement with Lot #'s 3 and 2 which I know as #168 and 9169. I would like to have in mind just how many lots there are, and what area does it cover? MR. BAGLIVI: Originally there were four lots. I sold one lot to Mr. Alexander. I now own three lots. THE CHAIRMAN: This is a minor subdivision created by the Planning Board. MR. FRED HULSE: The Planning Board put those numbers on the lots - 1, 2, 3, 4. (Mr. Case, Mr. Baglivi and the Board discussed the Map). MR. CASE: I was concerned because, not knowing of this Minor Subdivision #10, I thought one of these four lots had been subdivided into Lots 1, 2, 3, and 4. THE CHAIRMAN: Does anyone else wish to speak for or against this application? (There was no response.) Southold Town Board of Appeals -12- November 6, 1975 After investigation and inspection the Board finds that' applicant requests permission to alter property line on property located on east side of Wunneweta Road, Cutchogue, New York. The findings of the Board are that applicant wishes to preserve the entrance to his garage which is located on Lot #1 of Minor Subdivision #10 as described on Van Tuyl survey of June 16, 1967, and does not wish to have to do away with 12 feet of his parking area.. Applicant has tentative plans to build a house for his daughter on Lot 93. The Board agrees with the reasoning of the applicant but also finds that this Action of the Board of Appeals must also be subject to the approval of the Southold Town Planning Board because the minor subdivision was created by the Planning Board. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, sec onded by Mr. Bergen, it was RESOLVED, Harry & Lillian Baglivi, Nassau Point Road, Cutchogue, New York be GRANTED permission to alter property line , as applied for, on property located on the east side of Wunneweta Road, Cutchogue, New York, subject to the following conditions: That the line between Lots #3 and #2 would be moved, under this Action, 12 feet to the west a~d parallel to the original line, increasing Lot #2. slightly, and decreasing Lot #3 slightly. 2. That this Action shall be subject to the approval of the Southold Town Planning Board as this minor sub- division was created by the Planning Board. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Doyen. Memorandum from.... BUILDING INSPECTORS OFFICE TOWN OF $OUTHOLD Town H^LL, SOUTHOLD, N. Y. 11971 76~-1802 ~/J~ ,~ ~ ~'~ 0 Southold Town Board of Appeals MAIN RnAD- BTATE RnAD 2,5 SC3UTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TYPE II ACTION DESIGNATION ROBERT J. DOUGLASS NEGATIVE DECLARATION GERARD P GOF. HRING~R. H. Joseph 5aWlCK1 NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the'New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Sou%hold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure~ under the N.Y.S. Environmental Quality Review Act. DESCRIPTION OF PROJECT Appeal No. 2751. Application of Harry J. Baglivi, by Skinny Dip Pools, Inc., P.O. Box 108, Mattituck, NY 119hz. Location of Project: Nassau Cutcnogue, NY. Point and Winnewata Roads, Permission Requested: fr0nLyard area. To construct swimmingpool in Date Of Public Hearing: 0ct0ber 16, ]980. 9:00 p.m. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Itearing, Environmental Assessment in the Short Form, Section of the County Tax ~ap showing the subject property, & other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: October 3, 1980. Posted on Town Clerk Bulletin Copy to applicant. Board JUDITH T. TERRY · TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 September 29, 1980 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2751 application of Harry Baglivi for a variance. Also included are notification to adjoining property owners as follows: G. Golden & Other, 6 Potter Lane, Levittown, N.Y. 11756; C.R. Alexander, 257 Aspen Street, Floral Park, N.Y. 1001; Ruth B. Horowitz, 11-21 77th Road, Forest Hills, N.Y. 11375. JTT/bn ~c:file nciosures Judith T. Terry Town Clerk FOlt~l NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Date ...................................................... 19 ~0 o ~;Z.=.::.~ .......... ,....= ........... :..: ..................... ...... ~ ...... ~......~~ ........ %....~ .............. :....:....~ ......... ~ ........... ~...y...~.:q._ //~ ? PLEASE TAKE NOTICE that your app cat on dated &t~_./ ¢~.~- ,o~ ~ ~ ..................... '~'~'~',~";'4"~ for permit to construct .......... L.~.~./. ................ at the prem scs ocated at .......................... ~ ........ .......................... ; ............ ~.... ................ ~reet U~ ~, ~ returned herewith and disapproved on the fo ow na arounds ~c~n~ .~..~.~....~,~~~_....._. .~ ............. ~ ~- ,.....__..~,,,..~Y¥'z:'; ............ " ..................... Building Inspector ~0 ~ Fr7_~.. (Toda~ To: Re: $outhold Town Board of Appeals Main Road Southold, NY 11971 Appeal Application of Location of Property: 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 the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at leas{ 100 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 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 tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to ~he.best of my knowledge.* not appear to [Starred items fall within the (*) indicate your property does jurisdiction of the N.Y.S.D.E.C.] Sincerely~~ SHORT ENVIRONMENTAL ASSESSMENT FORt4 (o) I~ order to ansvter the questions in this short EAF i¢ is assumed that the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies~ research or other investigations ¥1ill be undertaken. (b) [f any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (dj E~vironmental Assessment 1. Will project result in a large physical change to the project site or physically alter more ~han 10 acres of; land? ........................ . 2. %~ill there be a major change to any unique or -unusual land form found on the $it~? .......... _ 3. %~ill project alter or have a large: efFect'on body of water? existing ....................... '4. %~ill project have a potentially large impact on groundwater quality? ....................... 5. %~ill project $igniflcontly effec~ drainage flow on adjacen~ sites? 6. %~ill project affect any threatened or endangered plant or animal species? ........... Yes 7. ¥1ill project result in o major adverse effect Yes oli~y? on olr qu .............. ' ................. ... 8. Will project have a major effect on visual character of the community or scenic views or vistas known to:be important to the community?. ~. %~ill project adversely impact uny site or structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental area by local ogency? 10. %~ill project have o major effect on existing or future recreational opportunities?. ......... . ll. %qill project result in .major traffic problems o~ cause o major effect to existing transportation systems? ....................... 12. %~ill project .regularly cause objectionable odors, noise, glare, vibra{ion, or elec~rlcol disturbance as a result of the project's operation? ' 13. Will project have any impact on public health or.sofe~y? .......... directly causing o grot, th in permanent population of more than 5 percent over o one year period or have o major neg~{ive effect on the character of the community or Yes REPRESENTING DATE Yes · Yes ~/No /~No ~es. ~o Yes TOWN OF SOUTHOLD, NEW YOItK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEl, NO.. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. J, (We) ..... ...~.....~..~.....~.~'./~Z .............. of ...... ~.~....~..-~....~:...~....~.% ........ Name of Appellant Street and Number .... ~.~.~ ./.~.........~...~I...~. ................................................ ~...~,.. ......... 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 ApptFcant for permit of ........ .~..~.~ ....... . .~..~...L.~.........~::....~...~ ............ ....xK.~ ..................... Street and Number Municipality State ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1 LOCAT ON OF THE PROPERTY .~. ,~'..~..~ ...,~..~.~.~....~........~.,..~..../..C~.~../...../..~....~..~....~.~...~.~.....,~ ~_ Street Use District on Zoning Map ........ Z....o~.~. .......................... ./..¥.~.....:~... ~.././.? 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. 6:2 Cons. Laws Art. 16 Sec. 280A Subsection 3 NOTE: Appeal has been applied for regarding this property in Appeal #2750 also to be heard this evening. Application is for approval of \ insufficient area and width for four parcels (three owned by applicants herein). Linda 9/29/80 .... £ - REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~/'A Mariance to the Zoning Ordinance ( ) is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL 1. ~S~RIC. xT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE and is not shared by all properties alike Jl~ vicinity of this property and in this use district becQ~se the immediate ! ! CHARACTER OF THE DISTRICT becaus~ The Variance would observe the, spirit of the Ordinance and WOULD NOT CHANGE THE STATE OF ,NE~ ¥O, RK. COUNTY 0~%' ~;4~ (t ' ..... Sworn. to this .................... ROTARY PU~¢,S~a~e T~'~,Ex4~'es March 30, IL.. fr . BOARD OF APPEALS, TOWN OF SOUTHOLD to the In the Matter of the Petition of : Board of Appeals of the Town of Southold : .NOTICE TO: YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (~Special Exception) (Special Pecmit) (the following relief: ,/,~ ~,,~,e,~c~ 2. That the property.which is the subject of the Pelion is located adiacent toyour property and is des- cribed./'~,~,n ,~'~,,~'as follows: 3. That the property whL~ is the sub~ject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisj.ons of the S~uthold Town Zoning Code ~pplicable to the relief sought by th~under- signed are: ,,,L,~ ~--~u..c.,=~. ~.~ ~ ./'~.r...~..~ ~.3. ~'-~-.,.~ O~~:::' ..-~,.~.~,.~/~,. ~/ 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 may then and there examine the same during regular office hours. ?. 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 yo~our representative have the right to appear and be heard at such hearing. Pos ~t~fice Address ~ ,~x~ PROOF OF MAILING OF NOTICE NAME ADDRESS / / STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: %--~r./z~ Z~. c"'?,'~,s'.< . residing at ! , being dulyl of ~'/~.-~, ~ ,19 ~ , deponent maile~ verse s~-de~ereof, directed to each of the above-named persons a names; that the addresses set opposite the names of said persons the current assessment roll of the,,.Town of Southold; that said ~ rice at /~'~",,~'~ ~-~,~,~r.~ ;that said (certified) (registered) mail. Sworn to be. fare me this ~ day of .~/J'.,~'"~ .' ~ ~- - Notary Public RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) c~ CERTIFIED FEE P19 RECEIPT FOR CERTIFIED MAIL NO I~S~RANCff COVERA6E PROVIBEB-- N6T FOR INTE~NATIONA[ P19 4809007 RECEIPT FO~ CERTIFIED MAIL NOT F0~ INI~NlllONAL SENTTO · CERTIFIED FEE ~PECIAL DELIVERY ~ ~ SHOW]0WHOMANDOATE ~ ~ DELIVEREDWITHRESTRICT[ ~ ~ SHOWTOWHOM DATEAND TOTAL p~ day he re- ive Post Of- ons by AUS11N D. TUTHILL PUBLIC, State of New T~ Ne, '~2- 4040975 ~allfied In Suffolk Coun~ , APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUTBILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph Sawicki Southold Town Board o£ Appeals MAIN ROAD-E~TATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11=J'7"1 TELEPHONE (516) 765-1809 September 24, 1980 Mr. David B. Cross Skinny Dip Pools, Inc. P.O. Box 108 Mattituck, NY 11952 Re: Variance Application for Pool in Frontyard Area Account of Harry J. Baglivi Dear Mr. Cross: Your variance application and relative documents per- taining to the above project are returned for the following reasons: (1) Appeal application must be notarized on reverse side. (2) Paragraph 1 on appeal application does not show County Tax Map No. (3) Paragraph 4 on appeal application is incomplete. (4) Paragraph "Reason for Appeal" must be completed. (5) Notice to Neighbors Form reverse side is not notarized. - (6) Certified Receipts to neighbors were not submitted. (7) Dimensions of pool and yard setbacks are not shown on copy of survey submitted. Please submit three copies of survey. (8) $15.00 filing fee is Enclosures required. Sincerely yours, Secretary I0 L4A{c) 20, 29 I,~A(c ) 16 15 26 I. SA(c) 30 51 / i': !:' .' :,., 't .,: . ' ~UTHoRrzED AL~A~O~ OR COPl~ OF TH~5 ~RV[Y MA~ ' EM~SSED SEAL ~A~ NOT ~ THE ~ND SURVEYOR,s I~[D SEAL OR ''