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Home My WebLink About2469 TOW~ OF SOUTHOLD, NEW YORK ACTION OF THE ZONinG BOARD OF APPEALS Appeal No. 2469 Dated August 21, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Daniel and Laura Shybunko 5 Hilltop Court St. James, New York (Anthony DeRiggi, Esq.) DATE..~Q~Dr 6, 1978 Appellant at a meeting of the Zoning Board of Appeals on October 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 under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1 9, 19 7 8 the appeal 1. SPECIAL EXCEPTION. By reso~tion of the Board it was determined Rat a special exception ( ) be granted ( ) be de.ed pursuant to ~tiele .................... Sect~n .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision ~ the Building I~pector ( ) be reversed ( ) be confirmed b~ause 7:~0 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, St. James, New York (Anthony DeRiggi, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31, 100-33, 100-34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. 2, VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by aY properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because SEE REVERSE (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. OF APPEALS ) be denied and After investigation and inspection the Board finds that the applicant wishes to reduce his front yard setbacks to 35 feet on Wampum Way and Tepee Trail and wishes to reduce his side yard setback to 10 feet. The findings of the Board are that the minor relief required by this reducation of front and side yards is immaterial so far as the character of the neighborhood is concerned. The objections to this application have been properly taken care of by other agencies concerning water and sewer. 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 irmmediate vicinity of the 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. Tuthill, seconded by Mr. Gillispie, it was RESOLVED that Daniel and Laura Shybunko, 5 Hilltop Court, St. James, New York, be GRANTED permission to reduce the front yard setbacks to 35 feet on Wampum Way and Tepee Trail and reduce the side yard setback to 10 feet. Location of property: Lot No. 5, Nunnakoma Waters, Southold, New York, subject to the following condition: Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. R~,': TV'~r~ a~T~'~ FI!~ED BY ~n~ oO~J*~.,~D TO\VN CLERI~ DATE/~//~/72 HOUR g"$~'/~ Town Clerk, Town of Southold LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, September 28, 1978, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100~31 and Bulk Schedule for permission to divide property with insufficient area and width. Location of property: Lot No. 4, Map No. 5023, Sunset Knolls, Mattituck, New York. 7:40 P.M. (D.S.T.) Upon application of Daniel and Laura Shybunko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article III, Sections 100-31, 100-33, 100~34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. 7:50 P.M. (D.S.T.) Upon application of Charles A. Brautigam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: West Road, Cutchogue, New York, bounded on the north by West Road; east by Gustave Buckert; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of RObert Wacker, Nassau Point Road, Cutchogue, New York, ( Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchouge, New York. LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Soufhold, New York, on Thursday, Sep- tember 2S, 1978, on the following appoals: 7:30 P.M. (D.S.T.) Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and bulk g~hedule for permission to divide property with in- sufficient area and width. Location of property: Lot No. 4, Map No. 5023, Sunset Knolls, Mattituck, New York. .7:40 P.M. (D.S.T.) Unon I~of Daniel ~nd _haura~ko, 5 Hilltop Court, Head of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in aeeordanco with the Zoning Ordinance, Article III, Sections 100-31,100-33, 10o- 34 and 100-36, for permission to reduce front and side yard setbacks. Location of property: Map No. 5126, Nunnakoma Waters, Lot No. 5, Southold, New York. 7:50 P.M. (D.S.T.) Upon application of Charles A. Brautigam, 46 Benson Read, Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to construct an ac- cessury building in the front yard area· Location of property: West Road, Cut- chogue, New York, bounded on the north by West Road; east by Gustave Buckert; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point Road, Cut- chngue, New York, (Peter Sto.utonburgh as agent), for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for per- mission to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. 8:15 P.M. (D.S~T.) Upon application of Rein Narma, 1000 Private Road, (Hyatt Road), Southold, New York, (Robert C. Wertz, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section lOe-32, for per- mission to eonstroet a garage in the front yard area. Location of property: Private Road (Hyatt Read) Southold, Ne~ York, bounded on the north by Long Island Sound; eas~ by A. Gina; south by right-of-way; west by R. A. Brown and P. R. Bie. 8:30 P.M. (D.S.T.) Upon application .of Sandra Rave and Mary' Tloczkowski, 22 Edison Lane, Bawllle, New York, (Gary F. dlsen, Esq.) for a special exception in accordanc~ with the Zoning Q~nce~:~l~cie III, Sect on ~ (~-) tur permission ~?., ~.,~ng~ls and ~ ~[~proper ty.,~l~h Road, l~, New{~'York, Middle R~d; east b~ Haas; south by Long Island Railroad; west by Case. Dated: September 18; 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TS21-3062 COUNTY OF SUFFOLK, I STATE OF NEW YORK, ~ ss: · ..TI, o.F (h~st~vson .................. being duly sco/s that . ..h?..., is Printer and Publisher of the SU WEEKLY TIMES, a newspaper published at Greenport, county~ and that the noti~, of which the annexed is copy, has been published in the s~id Suf~lk W~kh once in e~ch w~k, tot . . q~e..(1.~ ............... suc~ssively commencing on ~e ... day of · .~e.ptem~ Sworn to ~re ~ ...... ....... .... v" LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, NEw York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, September 28, 1978, on the following appeals. 7:30 P.M. (D.S.T.) Upon application of Edward and Helen Jaskowiak, RFD, Ruth Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission to divide property with insuf- ficient area and width. Lo- cation of property: Lot No. 4, Map No. S023, Sunset Knolls. Mattituck, New York. 7:40 P.M. D.S.T. U n applieration of Daniel and Laura Shybunko; 5 Hilltop Court, He~'d of the Harbor, St. James, New York, (Anthony P. DeRiggi, Esq.), for a variance in accordance with the Zoning Ordinance, Article IlL Sec- tions 100-31, 100-33, 100-34 and 100-36, for permission tc reduce front and side yard setbacks. Location of property: Map No. S126, Nunnakoml Waters, Lot No. 5, Southold New York. 6:50 P.M. (D.S.T.) Upon application of Charles A. Brau- tigam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-32 for permis- sion to construct an accessory buildingin the front yard area. Location of property: West: Road, (~utchogue;; uew' York, bounded on the north by West Road; east by Gustave Buc- kert; south by Bay; west by George H. Fleet Estate. 8:00 P.M. (D.S.T.) Upon application of Robert Wacker, Nassau Point .Road, Cut- chogue. New York, (Peter Stoutenburgh as agent), for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-32 for permis- sion to add 10 feet to present garage located in front yard area. Location of property: Lots No. 7 and 8, Nassau Point Properties, Cutchogue, New York. 8:1S P.M. (D.S.T.) Upon COUNTY OF SUFFOLK STATE OF NEW' YORK Potricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed or Southold, in Suffolk Count'/; and that the notice of which the annexed is a printed copy, t~as been published in said Long ,Island Traveler-Watch- man once each week for ............ /. .......................... weeks successively~ commencing on the ...~..l ................................ aa, ........... .... ..: ...... i .ii ................... !. ....... ............ Sworn to before me this .....~...~. ......... d~¥ at Not ary'q~blic FORM NO. 3 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Dote ......................... .?..F-z....~.~ ............ !..'~.., To .... .?.. ..... ~.C.....~!~.~/. ................................ ....... ............. PLEASE TAKE NOTICE thor your ~ doted .................................................... , ly ........ for permit to construct ........................................ at the premises located at .~..~...~...?...~...h.?. ...... . ~....~ .~.~......~.(.~ ................... Street SOUTN~ ~ .................................... Bilk ............................................ Lot ~ is returned herewith and disappr~ed on the following grounds ............................................................ ..~.~.Y.~.~k ....... ~.~ ........ ~e.~z....~.,~.P..~....~..~.~..~....~.?.T.~.....~....~e..'. ......... ..................................................................................................................... ~i.~....~.~.B~..~;~ ~uild~n~ Inspector APPEAL FROM DECISION OF BUILDING INSPECTORAuG ~ ~ 197B APPrr. AL NO. ~//'~ DATE .....~....~...s..¢...~. ~ ~.9..7..8... Town Clerl~ So.l~hold TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~)~ (We) .................................................................. o Name of Appellant Street and Number New York St. James ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE I~ILDING INSPECTOR ON APPL,CAT,ON PaR PERM,T NO ..................................... DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Daniel & Laura Shybunko Name of Applicant for permit of ( ) ( ) (x) 5 Hilltop Court,Head of the H~rbor, St. James New Y~rk Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct a one f,m~ly dwel~!ng 1. LOCATION OF THE PROPERTY ~/~"'.c..°,.,~!-...e.~..9.~.....~...e~..e..e...~.~...~....~,"a~' "2~:~'".'~.~,"a~'.....A...~.e.~.e.~ti~ Street Use District on Zoning Map 5126 5 Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 100-31~ 100-33, 100-34 and 100-36 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (#i~s) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted ...................................................................... ) x) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ,s requested for the reason that the property is a substands.rd corner parcel located on the water and because of the front yard and side yard set back requirements of the zoning ordinances and the set back requirements established by the New York State Department of Environmental Conservation only a small portion of the parcel is available for construction of a one fmmily dwelling. (Continue on other side) REASON FOR APPEAL ~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneses- sary HARDSHIP becaus~ oz~y a relat±¥ely small pozCion oE the p~re'el would bi~ available for constr~etion. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because o£ the iz~e~tlar sha~e of the p~eel and its location on a corner. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it would permit the eonstruetion of a one family dwelling with attached garage of a size that would be substantially s~lar to the other houses in the neighborhood STATE OF NEW YORK ) ) COUNTY OF ~¢~K-P-o~-~.) SS Signature Sworn to this ............ .~....! ........................... day of ...... ~....~...~'~...~. '~'-/"~ 19 ~ ~:~"~ ANTHONY p. DeRIGGI NOTARy PUBLIC, State of New York No. 30-0928340 Qt,lolifieo in Nassau Counh/ ~,~ (ZOmi~issfo~ Expires March 30, 19.~,.,~ November 13, 1978 Anthony P. De Riggi De Riggi, De Riggi, and De Riggi ~97 Clinton Street Hempstead, New York 11550 Dear Mr. De Riggi~ Res Daniel and Laura Shybunko Appeal No. 2469 Please find enclosed the decision of the above captioned appeal signed by Mr. Gillispie on November 9, 1978. We have a three week delay before a decision is signed. Please excuse the delay in this matter. Yours truly, bcc Enclosure BABETTE C. CONROY Secretary ATTnRNEYc~ AT LAW 39'7 CLINTnN ~=TREET HEMPSTEAD, NEW YE)RK 1155ri (516) 4B1'94 c'r~ November 7, 1978 Board of Zoning Appeals Town of Southold, Town Hall Main Street Southold, NY 11971 RE: Appeal ~249 Hearing date: Adjourned date: September 28, 1978 October 19, 1978 Gentlemen: We understand that the above application has been approved. Will we be receiving written confirmation? Yours truly, DE RIGGI, DE RIGGI & DE RIGGI ANTHONY' P~E RIGGI APD:dag COMMI$51ON Seth A. Hubbard - Ch~rman ~¢ E. Kopp¢|mzn Suffolk County Department Town of Southold Board of Appeals of Planning I/eteratu :~,lemoria! Highway Hauppauge, L. L, ~. E 979-2918 October 25, 1978 ivl) 11768 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 Betsy Latham Daniel & Laura Shybunko Raymond & Adah Redfield William & Peggy White James Melrose Russell Tabor & Sons Henry Luce III Sarah Rauch Jean & Bruce Case & Walter Teresko Harry & Arlene Jacquillard Susan Jacobs 2466 2469 2475 2476 2477 2478 2479 2480 2481 2482 2483 GGN: jk Very truly yours, Lee E. Koppelman Director of Planning CHIEF PLANNER 3?5 Wampum Way Southold, N.Y.. ll9?l October 2, 1978 Mr. Robert W. Gillispie, Jr., Chairman Southold Town Board of Appeals Town Hall Southold, N.Y. ll9?l Dear Mr. Gillispie: Ny concerned neighbors, Mrs. Bear and I appreciate very much the opportunity you gave us to present our serious questions, with evidence, about the advisability of giMing a variance to the prospective owners of lot No. 5 in Nunnakoma Waters subdivision. I need not review in detail the reasons we are concerned about the effect that a home on l~t~5, and on lots 6, ? and 8, may hame on the adequacy of water for household and other uses thereon, including drink- ing water. The testimony which I read of Mr. John Wickham should in itself raise serious questions about the establishment of a household on lot 5. Nr. Wickham is chairman of the Southold Town Planning Board, aa engineer as well as a farmer, and an expert on the matter of water supply in the Town of Southeld. I should like to call attention especially to Mr. Wickham's sworn statement that the well testing time on lot 5 and adjoining lots was inadequate. He expressed concern about the adequacy of the water supply and the potential danger of salt water intrusion. In addition, you have in the record the adverse findings and expert opinions as to water supply and sewage disposal as expressed in a letter signed by Samuel C. McLendon, P.E., of the firm of Holzmacher, McLendon and Nurrell, P.C., consulting engineers, environmental scientists and planners. As you ~tuow, that firm has done extensiMe studies and consul- tations in related areas for the County of Suffolk, including specific knowledge of the portion of Southold Town involved in the request for a variance on lot 5 of Nunnakoma Waters. In addition, of course, there are the experiences of myself and my neighbors which point to the great possibility of inadequate and/or unsuitable water supply. In reference to your question as to whether the Board of Appeals can take t~e matters of water supply and sewage disposal into consider- ation, I should like to refer you to Chapter 100, Article XII, Paragraph 100-121 C (2) (d) of the Southold Town Code, which states that,~dn making a determination, the Board of Appeals "shall also give consideration, among other things,.to: "The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use." In wiew of the above, I assume you may wish to request a study and recommendations from the Town's Environmental Advisory Council. In addition, you may find it helpful to take advantage of the expertise available at the offices of the U.S. Geological Survey and the Suffolk County Department of Environmental Control. Referring now to the Town Code's Chapter 100, Article XII, para- graph lO0-121B, those of us who are objecting to the granting of the requested variance feel str6ngly that our own "safety and welfare" as citizens and property owners in the Town of Southold will be Jeopardized as a direct result of a home being built on lot 5, and if that is allowed, in all probability on lots 6, ? and 8. It is we who may suffer hardship because our home lives and investments are undermined. The applicants are merely under contract and so have little if any investment at stake. We therefore respectfully urge that the Board of Appeals deny the request for a variance on lot No. 5 of Nunnakoma Waters subdivision. Thank you again for your consideration and courtesy in this matter. ~erel~ yours~ New York State Department of Environmental Conservation Environmental Analysis Unit Building 40, SUNY Stony Brook, NY 11794 January 23, 1978 Peter A. A. Berle, Commi s s loner Mr. John Wickham Southold Town Planning Board Southold, NY 11971 Re: Benry J. Smith, TW 15276-0189 "A" Dear Mr, Wickham: This letter is in reply to your correspondence of January 9, 1978 in which you express concern over the hearing cancellation for home construction by Henry J. Smith. The parcel in question (lot #5 of Nunnakoma Waters) has no tidal wetland vegetation and consists mainly of dredged spoil and beach grass. There is adequate land area on the parcel to conform to our regulations as stipulated in Part 661, Land-Use Regulations, Title 6, of New York Codes, Rules and Regula- tions. Tidal wetland hearings are held for the sole purpose of elucidating environmental factors pertinent to the Tidal Wetland Act (Article 25) which may have a bearing on the issuanceor denial of Tidal Wetlands Permits. .Objections raised by yourself and Mr. Franklin Bear of the Nunnakoma Waters Association were not relevant and did not adequately address the various considerations the Department evaluates for tidal wetland permit issuance. If adequate, relevant objections are not raised by the public and if the New York State Department of Environmental Conservation has no objections to the project, the Chief Permit Administrator may dispense with a public hearing and issue a tidal wetlands permit or waiver thereof. Enclosed is a copy of our correspondence with Mr. Bear regarding this matter. Hopefully it will answer any further questions you may have. ~cerely yours, ? J/ohn B. Conservation Biologist JBZ/cr Encl. ~OUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVIEE$ MARY C. McLAU~---~HLIN, M.D., M.P.H. November 17, 1976 John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Re: Nunnakoma Waters Dear Mr. Wickham: Your letter of November 12, 1976, regarding the above referenced sub- division, has been received. As you are aware, the developer requested a hearing before the Department of Health Services Board of Review to appeal the condition imposed on the map of Nunnakoma Waters by the Department of' Health Services when the map was processed for our approval in 1968. On September 14, 1976, the developer and his attorney appeared before the Board of Review and presented evidence of the availability of fresh water on the lots in question. This evidence consisted of test well water sample analyses for test wells on lots 5, 6 and 8. Lot 4 was sold with lot 3 and was not part of the developer's appeal. All thedata presented was documen- ted by our field staff and the water analyses were performed by our labora- tory on samples collected after pumping each of the wells for at least one hour at a minimum rate of five gallons per minute. The depths of the wells and static water levels were obtained by our inspector at the time of the field inspection and sample collection. The Board of Review considered the data submitted, a statement from the public water supplier that there was still no plans to extend the water mains into this area and the original test well results on which approval for the other lots was based. The data submitted does indicate a substantial change in the quality and quantity of fresh water available to these lots and the Board of Review's determination was to qrant the request for the use 'of private we)~s on these lots. The Board of Review would not have ruled for the applicant if it felt that seasonal fluctuations in the water level would result in water problems for the future homeowners on these lots. September 24, 1978 As co-owners of lot 22 in Nunnakoma Waters we wish to go on record as follows~ Any consideration for variance of the Southold Town Building Code on the lot in question by its potential owners should consider the following, The lot is adjacent to Hog Neck Bay. Its water supply is unproven and, at best, tenuous. Development of the property, as is, will pose a threat of salt water in- trusion to the potential purchaser and all property owners from lot 22 southward. In addition it is questioned whether or not the subject property can comply with waste disposal criteria and well criteria already in effect in Suffolk County. For the the above reasons the Board is respectfully asked to decline the request for a variance for the protection of existing and future property owners iq the subdivision. Edward L. de Reeder, Jr. Mr. Wickham 0 0 Nov. 17, 1976 The procedure followed was in accordance with subdivision (c), Sec- tion 7, Article 1, of the Suffolk County Sanitary Code, reproduced below for your reference. "(c) The commissioner may establish a board of review within the department, and rules of procedure to govern the operation thereof. Such board shall consist of not less than three nor more than twenty persons, three of whom shall be designated to hear and report each appeal from the determination of a deputy or application for a variance. In any case where an applicant for a permit or approval is dissatisfied with a determination of a deputy authorized to act for the commissioner, or seeks a variance from the strict application of the letter of the standards promulgated pursuant to this code, he may appeal from the determination of the deputy or for considera- tion of his application to the board of review. Such board shall be promptly designated and convene, hear the applicant and his witness, the deputy and other members of the staff or consultants, con- sider the evidence and exhibits adduced, and make a determination of the hearing. The action, order or determination of the Board of Review shall be forthwith filedln the office of the conmnlssioner and unless reversed or modified by him within three work days after such filing, shall be deemed to be the action, order or determination of the commissioner. In all appropriate cases, proceedings before the Board of Review shall be deemed to be an administrative remedy and as such a prerequisite to the institution of a special proceeding against the commissioner pursuant to the civil practice law and rules." As you can see by the last sentence of the second paragraph, the deter- mination of the Board of Review is deemed to be the determination of the Commissioner and as such cannot be overruled on this level. The position of the Southold Town Planning Board has no bearing on the determination of the Commissioner and you are certainly free to follow any course of action which you and your Board feel appropriate. Very truly yours, Robert A. Villa, P. E. Chief General Engineering Services RAV:cah TOWN OF, .c;OU,THOLD OFFICE O~ BUILDING''INSPEOTOR TOWN OLERK'S OFFICE BnuTHnLD, N. Y. 11cJ'71 Oct 31, 1577 DeRi§gi~ DeRiggi & DeRiggi 397 Clinton St Hempstead, N.Y. 11~50 Attn: Anthony DeRiggi Dear Sir; Your letter of Oct 27 RE: Lot 5~ Nunnekoma Waters, Southold~ N.Y. received. Please be advised: This is a corner lot - Wampum Way and Tepee Trail, thus having two front yard setbacks of 35 ft minimum and side yard minimum 10 ft~ and set back from High water ~rk at what ever D.E.C. and heath Dept will require over 25 ft. Be further advised: There is no public water OR sewer in this subdivision~ all lots must have a private well and cesspool- septic tank system approved and installed to Suffolk County Health Dept. standards. Coder Minimum living area is 850 sq. ft - or as much more as may be required by the size of the family occuping the house. In so~e cases there are deed restrictions requing more than 850 Sq Ft. Trusting the above will be helpful. As fox the dwelling itself~ we use th~ N.~.State Building }~ational mlectric Code - enforced by the E.Y.Board of Under~r~iter~ Yours truly Sr Building Inspector ~RETYPED FROM SECOND PAGE IS NOT I{EADABLE. TAKEN FROM TAPE. July 19, 1977 Mr. Louis Concra Chief Permit Administrator New York State of Environmental Control 50 Wolf Road Albany, New York 12233 Dear Mr. Concra: On behalf of the Nunnakoma Waters Association and its individual members, I request that the matter of the petition of Henry J. Smith, Petition No. TW-15276-0189 "A" be rescheduled for a hearing in order that our association as a party in interest can present expert and relevant testimony and documentary evidence that the petition should b~ denied. This matter was scheduled to be heard on July 14, 1977, at Riverhead, N. Y., but was arbitrarily cancelled by your regional office at Stony Brook, N. Y., without giving us the right to be heard. The letter which I presented in person to the regional office on July 8, 1977, outlined our association's objections to granting the petition. Th~s letter had been drafted in consultation with environ- mental experts. It is not irrelevant at all, as I was told by John Zeh of the Stony Brook Office. Our association has retained the expert services of the firm of Holzmacher, McClendon, Murrell-- environmental specialists who have prepared a multi-volume report for Suffolk County -~ to testify in support of environmental points made in the letter. We also have the support and assistance of the North Fork Environmental Council. Further, we have interviewed concerned experts in such agencies as the U. S. Geological Survey, the Nassau- Suffolk Regional Planning Board and the Suffolk County Department of Environmental Control and obtained the knowledge and advice that led to the contentions set forth in our letter of objections. The project proposed by Henry J. Smith, and other projects which would be certain to follow, will indeed endanger the quantity and quality of the ground water supply, and waste disposal may in fact adversely affect the waters of Hog Neck Bay and the local ground water supply. It is un- believable that the hearing set for July 14, was canceled without regard for our right to present the findings and expert testimony suggested in this paragraph. In addition to the above, I should like to call attention to the matter of financial hardship. The claim is without credible foundation. We are prepared to present documentary evidence from the files of the Town Of Southold that Henry J. Smith has approximately doubled his investment in the Nunnakoma Waters subdivision. In fact, about one fourth of his income from this subdivision has come from the sale of lots on land filled over marshlands, and the fill itself may have been placed there in contravention to regulations. Is Mr. Smith to be rewarded further for his actions. The real losers in this matter can be be the property owners in this subdivision, all of whom purchased their lots with the specific know- lege that the approved map of the subdivision carried this note."The owner will retain ownership of Lots 8,7,6,5,4 until such time as public water is available. They may have in fact suffered irrepairable damage. I have been informed by Mr. Donald Milton's office that Mr. Daniel Larkin said that I am the objector in this case. Even if that were true, I would have the right to be heard. The fact is, however, the objectors are the property owners in Nunnakoma Waters Subdivision. Also I am in- formed that an objection was made by Mr. John Wickham, Chairman of the Southold Town Planning Board. On behalf of the members of the Nunnakoma Waters Association, I appeal to you to order a rescheduling of the hearing in this matter. Thank you. Sincerely yours, Franklin Bear, President Nunnakoma Waters Association Hew York Sta,ie Deparlment of Environmental Conservalion 50 Wolf Road, All~m~y, Now York 12233 ?oI0r A ' ' Augusn l], ]977 ~Ir. Nenry J. Smith Robinscn Lane Peconl a, NY 11953 RE: Petition No. 15276-0]~{q"A" TW Dear Hr. Smith: Your petition has been forwarded to this office by the Local Tidal Wet!a~d~ Permit Adminisnrator who has made a review and site inspection. ..~s a zesult we have determined that oonstrucnlon of home and sewage facilities more than 100 feet from mean sea level wilt have no adverge .affect on ad 'a_cent tidal wetlands. -- T~o-rofore, ;~ursu&nt to Section 25-0202 of the }]nvJlo;men~ a] Conservation Law and the Comm~s~oner's Directive dated November 12, 1973, Vou are hereby notified than no permzt will be necessary. Very truly yours, Louis M. Contra, Chief Permit Admi~istranor LMC: sos F:r h]Jn Bt.n~ Donald P. Iiddl ~ton Daniel Larkln ~/ Hew York Sta.~e Department of Envi~ onmenlal Conserva lion 50 Wolf Road, Al[3am,,, Ne~ York 12233 Pelor A A. ll,,~to. August 11, 1977 F~ankl]~] Bear, Yresident Nunnakoma Waters Association 375 Wampum Way Southol~, NY 11971 Dear Mr. Bear: Thank yl~u for your letter of July 19, 1977 r~qarding tile concerns of the ~un~ ~koma ~,';aters Association. I have reviewed those conc¢,rus and have tlc following co~ents, addressed as numbered tn y-our letter. ~]:is application is for one home only. is onl'- ~ae one long ]le]d that an approval of one applJc,~tJon zs not ] prece,:~ent for subsequenu approvals of simit;~r applications. S~lte inspection resulted in a determinatic,~ that there are tidal wetlands on or near Mr. Smith's property. A revJ. ew of the aerial photographic inventory map :lso does not tidal wetlands. 2.h. Accc, rdin~ to a report by the Suffolk County Health D~parnm~nu, qrounttwatez is ag a level of -6' 24c. In OUr o[3inlon, withdrawal attributable co ope homta will no~ 2.d. 's~lqnificantly reduce th~ amount of pota]~te wager av,lilable,. q"i%is Js [qo~t properly a manner no be addr',~;sed by l~e Suffolk Owners~]~p prior 50 the effective date of rne Tidai detlands Act i~ reason for declaration of hardship. Page Frank)tin Bear, President Augus~ 17, 1977 4'.b. Tu ~ev]ewing hardship claims we iml'~: ,-,~,~-~ :]or line bardshJr), agai. ll. on an individual basis and cannes justly measure it aga~nqt an applicant's net worth. This is a matter strictly for local euforcemdnt. Our fi'le contains a letter dated January 26, 197'7 from Robert Tasker, Town Attorney, to John Wickham, Chairman] of the Southold To%~ Pla~.~ning Board. That letter says, ~n parl., "...nowhere do I f~nd that the Planning Board imposed any conditions when it al_~,roved the subdivision..." 5.b. See 2.c. ~bove. 5.c. Construction in a flood zone is a ma5ser for local jurisdiction and no~ within the purview of the Tidal Wetlands Act. We hage no iuform~tion before us which indicates s siqnificont adverse effect on tidal wetlands, including threats to wildlife, ~.~ollution of waters, contamination of fish and shellfish, or the ~ublic health and safety. Your other, concerns are properly a subjecn for consideration by local government~ under zoning or other land use coutrol. As a result of my review of the project file, including your comments, the Department i~ issuing, on this date, a determination that no permit will be necessary if the applicant constructs the home and sewage facilities more than 100 feet from mean sea level. I applec~ate /our concerns, welcomed your comments nnd trust the above adequately ex?lains our position. cc: D.' Larkin '/ D. Middlcton Very truly yours, Louis ~h Concra, ~r. Chief Permit Administrator ROBERT G. HOLZMACHER, P.E., P.P., LS. SAMUEL C. McLENOON, P.E. NORMAN E. MURRELL P.E. HUGO D. FREUDENTHAL Ph.D. HAROLD A. DOMBECK, P.E ROBERT H. ALRANESE, P.E. CARL E. BECKER, P.E. CHRISTOPHER POWERS, P.E. CHARLES E. BANKS, P.E. FRANK N. COPPA, P.E. 0 0 H2M CORP. HOLZMACHER, McLENDON and MURRELL, P.C. Consulting Engineem, Environmental Scientists & Planners July 18, 1977 New York State Dept. of Environmental Conservation 50 Wolf Road Albany, New York 12233 Attention: Er. Louis Concra Chief Permit Administrator Gentlemen: We have been retained by Nunnakoma Waters Association to advi~ them of the environmental effects of the proposed development of four (4) additional plots on the west side of Tepee Trail south of Bow Road, Southold, Suffolk County, said plots also fronting on Hog Neck Bay (Lots 5, 6, 7 and 8). Based on a plan dated December 14, 1965, by Van Tuyl & Son, and entitled Map of Properties Surveyed for Henry J. Smith at Southold, New York, all of the four (4) plots were filled with dredged material. They represent a small portion of residential property contained on a peninsula extending Into Hol Neck Bay between Corey Creek and Richmond Creek. This peninsula is about 1/5 mile wlde and 1/3 mile longs with surface salt water on three sides, and underneath. Our conclusions are as follovs: (1) Waste Water Based on the information that the filled areas were meadow land covered with dredged sand, it is certain that horizontal permeability is much greater than vertically. Con- sequently, most of the sewage effluent will flow laterally underground over the silt and bog (westerly to southvesterly) into Hog 1~ck Bay, ~" H2M CORP. O HOLZMACHER, McLENDON and MURRELL, P.C. Mr. Louis Concra -2' July 18, 1977 NYSDEC (2) Fresh Water Since fresh water for potable water supply for all residences on the peninsula is derived from local rainfall and the water levels would normally range from a high point at the center of the peninsula and sloping toward each shoreline, the underground flow of water will be perpendicular to the shore- line. Fresh water withdrawn for the four lots will affect the available supply of the other ~earby residences with the largest effect on lots 22 and 21 situated between Tepee Trail and Wampum Way. Salt water intrusion can occur in either of two (2) ways. By increasing withdrawal, the volume of fresh water reservoir and the piezometric head would be reduced and elevate the salt water interface from underneath. Likewise, by de- creasing the fresh water underflow in the fresh water aquifer, the wedge of salt water would move horizontally toward the inland area. S,,m~ar¥ If Hog Neck Bay is sensitive to increased nitrogen loadings, the proposed development may cause eutrophication problems.. A potential solution to this is public sewers ia the area. Due to the extreme limited fresh water resource in the area, extension of public supply to the area should be con- sidered. The area is less than a mile from the searest public supply. Very truly yours, HOLZMAu,~R, McLENDON & MURRELL, P.e. SCN/JJ cc: Mr. Franklin Bear, President Nunnakoma Waters Association O TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the Bo~d o£ A. ppeels ................................... of the town of .... $O~.~hO~.~[ ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ..... ..X ........ Variances Daniel & Laura Shybunko Hilltop Comet James, New York i1780 Appeal No. 2469 Location of affected landT~).t,..[~Q,...~.,...~.~t3~LQ~3,..V~'At,~ ~.,...~m=t~.l~,...~ew...y~k ............. within 500 feet of: (check one or more) ........ ~ ..... Town or village boundary line, or shore line ................ 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 es~blished channel lines. ................ State or county owned parcel on which a public building is situated ~mmen~: Grante~ pe~ission to reduce the front yar4 set~oks to 35 feet ud ~e side yard set~cks to 10 feet. Applic~t ~s already obtained DEC approval ~d ~ard of Health approval. (;igned) Robert W. Oilliepie, Jr. Chairman Title Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. 0 JUDITH T. TERRY TOWN CLERK I~EGISTRAR OF VITAL STATISTICS Southold, L.I., N. Y. 11971 TELEPHONE (516) 765-1801 August 25, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2469, application of Daniel & Laura Shybunko for a variance. Also included is notification to adjoining property owner as follows: Henry J. Smith, Robinson Road, Peconic, N.Y. 11958 Town Clerk ~ JTT/bn cc:file Enc./ Mr. George Fisher Sr. Building Inspector Town of Southold Town Hall $outhold, New York RE: September 7, 1978 11971 Lot 5s Map of Nunnakoma Waters Southold~ New York Dear Mr. Fisher: We represent Mr. & Mrs. Daniel Shybunko who have signed a contract to purchase the above premises. Because the premises is a corner parcel located at the southwest corner of Wampum Way and Teepee Trail~ it is necessary to have front yard setbacks on both streets. Howevers since the plot is substandard, if both front yard setbacks are requireds there will be very little property on which our clients can build. They are also faced with a~100, setback requirement from the water as established by the Department of Environmental Conservation. In order for our clients to build a house in substantial con- formity with the size of other houses in the area~ it is respectfully requested that they be granted a variance from the front and side yard setback requirements reducing the front yard setback to 35' and side yard to 10'. Your assistance in this matter will be greatly appreciated. Very truly yours, DE RIGGI~ DE RIGGI & DE RIGGI APD:mcc O O DE: RIGGI, DE: RIGGI & Dr. RIGGI ATTORNF'YS AT LAW 39'7 CLINTDN STRE:ET HEMPBTEAD, NEW YDRK 1155D (516) 4B1-945n August 23~ ~978 Town Clerk Town of Southold Town Hall Route 25 Southold, New York ~97% RE: Lot 5~ Map of Nunnakoma Waters, Southold~ New York Gentlemen: On behalf of our clients, Mr. and Mrs. Daniel Shybunko, the contract vendees of the above prem~ses~ enclosed please find the following: Original and copy of Appeal from Decision of Building Inspector. 2. Notice addressed to Henry J. Smith, with copy of Certified Mail receipt attached and Affidavit of Service. 3. Copy of survey of the premises. 4. Our check in the amount of $15.00 in payment of your filing fee. Very truly yours, DE RIGGI, DE RIGGI & DE RIGGI APD:jae Encs. ANTHONY ~. D~ RTGGT BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : : DANIEL & LAURA SHYBUNK0 : to the Board of Appeals of the Town of Southold : TO: HENRY J. SMITH, Robinson Road, Peconic, NY 11958 NOTICE 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) (-~al~-xee1~k~-)-(~pe~iat-Pe~mit-) (the following relief: ~-~,~e ~"ront yemd set back requirements to 35 feet & side yard set back requirement to 10 feet ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Lot 5, Map of Nunnakoma Waters at Southold, southwest corner of Teepee Trail and Wampum Way, Southold, NY · .3. T. hat. the plopert, y wJ!ich i%tlLe sqbj~ct, of such Petition is located in the following zoning district: C A resl~en~iaz an~ agrlcu-~ura- dis~r~c~ 4. That by such Petition, the undersigned will request the following relief: reduce front yard set back requir~ments to 35 feet & side yard set back requirement to 10 feet That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: 100-31. 100-33; 3.00-34 and 100-35 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. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and n the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notij~'~hat yC right to appear and be heard at such hearing. Dated: August '%/I 1978 . Petitioner ~ & Laur~Shybunko ost Office Address ]{ilI~op Court, Head of the Harbor St. James, NY NAME HENRY J. SMITH PROOF OF MAILING OF NOTI£F ADDRESS Robinson RoadE PeconicS NY ~1958 RECEIPT FOR CERTIFIED MAIL SENT TO POSTMARK Mr. Henry J. Smith ORDATE STREET AND NO. Robinson Road ~ ~Pe~gonlc._NY 11958 . ~ OPTIONAL SERVICES FOR ADDITIONAL F S ~,,a~,~ nE~[~ti~rn and ~ii~ deliv~ PS Form NO INSURANCE COVERAGE PROVIDED-- Jan. 19763800 NOT FOR INTERNATIONAL MAIL ~ Gm: 197S--o-sgl 4S2 (See other side) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ANTHONY p. DE RTGGIR , residing at 397 Clinton Street: HempAt~ad; N~_w Yot'k , being duly sworn, deposes and says that on the 22 day of August ,19 78 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Hempstead ~ New York ; that said Notices were mailed to each of said persons by (certified) (rzsi~e~lXmail. Sworn to before me this o-~ ~ ~ da, y,~f ~, 19 78 Notary Public ~/ ~ DOMINICK DE RIGG, ANTHONY P~DE'RIGGI ~ ~ Z4 4.t ~.L¢1 ~ 4'3 ~.2 A flOG SUFF. CO. H~ALTH ~fPT. APPROVAl II'OR APPROVA/ OF CONBT~UC'rlON ONly DAT~: H. II. RwF. NO.: APPROV[D: '11.1[ WAT'[~ 8UPPI,.y AN~ BI[~VAGE' DIBPO4~AI. BYI'TEMB ~ 'trill DF. NC[ WILl,. C(2~IFORM TO FHE · rANDA,I~D~ OP SUFFOLK CC~ DE~T. APPLICANT OWNER: ~' /-¢I~%/..-/'OF~ (:~L~,;'.':" 0 ...2 ~UFF. CO. HEALTH DE~.APPROVAL :,,Jr ve~l~'J RODERIGK VAN TUYL. P. C. SUFF. CO, DEPT, OF HEALTH 8ERVIO~."~I ~'rATENIENT OF FOR APPROVAL OF CONSTRUCT~Ofl ONLY DATE: H.E. REF. NO.: APPROVED: DISPOSAL SYB'I'EME FOR 'Il'lIE I~11~1. DENCE WILL. CONFORM TO THE STANDA,RDS OF ~UFFOI. K CO. OF H S, AL.TH. (S) APPLICANT THE WATER SUPPLY AND BEWAOI~ 4ATEFAS ,_oPE:ID E3_Y '. ~/,' T~.VAbl T~J~ L~%~Or'l . _. o ¢i.'T6 - "19'00" W', ' IzS, WAY 'N ~E TOWN OF 50U~dLD ' ONE y~KOF THE A~VE APP~0VAL DATE,L ~N T~E EXPl ~TION OF TH DE~kTMEHT OF HgLTIt, ~DF'~OVRL OF ~EN [%9&L APpLI~TtO~ ~ALL BE ENd.EMiT ~ IN TN g OFFI~ O~ FHE ~U NTY 5~TION lllG OF ~HE PUBLIC. M~LTH ~$ AND ~ECTIO ~F~LK ~UH~ ~N ITAly ~DE~