HomeMy WebLinkAboutMONACO, ANDREW & ANN INSPECTORS
Victor Lessard o�g11fF0�,�
Principal Building Inspector
Curtis Horton 2 Gym, SCOTT L.HARRIS,Supervisor
Senior Building Inspector c :�
Thomas Fisher cc x Southold Town Hall
Building Inspector O P.O.Box 1179,53095 Main Road
Gar Fish 'y?J p� Southold, New York 11971
y �l �►a Fax(516) 765-1823
Building Inspector �Vincent R.Wieczorek Telephone (516) 765-1800
Ordinance Inspector
Robert Fisher
Assistant Fire Inspector OFFICE OF BUILDING INSPECTOR
Telephone(516) 765-1802 TOWN OF SOUTHOLD
February 12, 1992
Ile'
Re: Premises 5650 Rocky Point Road & .65 Aquaview Ave
East Marion, N.Y.
Suff. County Tax Map #1000-021-02-01
TO WHOM IT MAY CONCERN:
Property with Suffolk County Tax Map #1000-21-2-1 and a
Town address of #5650 Rocky Point Road and #65 Aquaview Avenue,
East Marion is in a residential agricultural zone tiTlie'State
D.EX
C has ,3.ursdcton'Lfrom 5thewaterSedg a Ito the f "Zoft' ie
_ x su � P
;bluff The Southold Town Trustees have jurisdiction from the
ii-p of the bluff to 2 -0 inland; and the Zoning Board of
Appeals has jurisdict on from the lip of the bluff to 100' -o
inland.
Trusting this wil clairfy jurisdictional authority, I
remain.
Very truly yours,
rS UTHOLD TO BUILDING DEPT.
- �c-u.1. al.�
Victor Lessard,
Principal Building Inspector
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TRUSTEES
John M.Bredemeyer,III,President � .=7"
c SUPERVISOR
Henry P. Smith,Vice President `A SCOTT L.HARRIS
Albert J.Krupski,Jr.
John L.Bednoski,Jr. Town Hall
John B.Tuthill 53095 Main Road
P.O.Box 1179
Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971
Fax(516)765-1823 TOWN OF SOUTHOLD
TO: Victor Lessard, Principal Building Inspector
FROM: John Bredemeyer, III, President Town Trust
Re: Coastal Erosion Area Set Backs
DATE: March 31, 1992
Recently it has come to my attention that you have been quoting
Chapter 37 (Coastal Erosion) of the Town Code out of context to
public officials both inside and outside Southold Town, to the
detriment of the clear intent of that law.
Before you quote the 25 foot bluff setback, I would commend you
to read the definition of a bluff as countenanced by the Code.
A bluff as defined in the Code begins 25 ' (feet) landward of
it's point of inflection. For most sites this means that the
minimum effective setback for any movable structures is 50 '
(feet) from the bluff face. In practical terms we may be able
to reduce our pre-submission review from the 200 ' (feet) zone
depicted on the Coastal Erosion permit applications to that of
the 100 ' (foot) L.I. Sound setback under the more direct
control of the Town Zoning Board of appeals, but . I am not fully
prepared to do so until the Trustees develop more experience
with this code and we are certain we will not omit any necessary
reviews; particularly as they pertain to working with the
Planning Board on future subdivision development. For minor
additions, the Board should have no problem with your office
making referralls to us for all proposed sites within 100 ' of
.the bluff face. In most cases we will transmit a letter of
jurisdiction/non-jurisdiction in under a week (with a copy to
your office and the ZBA) . For major projects and for all those
sites which have no precipitous bluff face and/or which have a
steady steep (greater than 1:3 ) slope to the coastal zone we
would request your referral under the 200 ' (foot) guideline for
the time being.
We trust this clarifies our needs in this matter. Should you or
your staff have any further questions, please call us prior to
any written determination on this code being offered at-large.
JMB:jmt
cc: ZBA
Planning Board
Town Attorney
Councilman Lizewski
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APPEALS BOARD MEMBERS {j;. '"' q SCOTT L.HARRIS
Supervisor
Gerard P. Goehringer,Chairman p
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+r
Charles Grigonis,Jr.
Serge Doyen,Jr.
!. . Ao ;: ps, Town Hall 53095 Main Road
tiy'� ,;-�; - <�James Dinizio,Jr. a . •hqJ P.O.Box 1179
Robert A.Villa ! Southold,New York 11971
Fax (516)765-1823
Telephone (516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
April 28, 1992
41992
Mr. and Mrs. Andrew Monaco
9 Cliff Drive
Kings Park, NY 11754
Re: Appl. No. 4085 (Zoning Variance)
Dear Mr. and Mrs. Monaco:
Please find attached a copy of the Findings and
Determination rendered by a quorum of the Board concerning the
above application.
Please be sure to return to the Town Trustees, N.Y.S.
Department of Environmental Conservation, Suffolk County
Department of Health Services, the- Southold Town Building
Department (and any other agency) which may have jurisdiction
before commencing building activities. Copies of this
determination have also been furnished this date to the Building
Department and the Town Trustees for their update and permanent
recordkeeping.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Southold Town Building Department
Southold Town Trustees
Suffolk County Department of Planning
� `�. SCOTTL.HARRIS
APPEALS BOARD MEMBERS ��-a '`f�.l
Y.
Gerard P. Goehringer,Chairman i ; ; Supervisor
Charles Grigonis,Jr.
Town Hall,53095 Main Road
Serge Doyen,Jr.
,:;, .,_ y P.O.Box 1179
James Dinizio,Jr. A ���:.°-..��"'->��'',•��J�,
`'�ij' :, ,s Southold,New York 11971
Robert A.VillaFax(516)765-1823
Telephone(516)765-1809 Telephone(516)765-1800
BOARD OF APPEALS
TOWN OF SOUTHOLD
ACTION OF THE BOARD OF APPEALS
Appl. No. 4085.
Upon Application of ANDREW AND ANN MONACO. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239. 4 for permission
to locate a new dwelling with a setback at less than the required
100 feet from the top of the L.I. Sound bluff. Location of
Property: Corner of the northerly side of Aquaview Avenue and
the easterly side of Rocky Point Road, East Marion, Town of
Southold; County Tax Map Parcel No. 1000-21-2-1. This parcel is
substandard in size and is located in an R-40 Zone District.
WHEREAS, a public hearing was held on April 2, 1992, at
which time all those who desired to be heard were heard and their
testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application;
WHEREAS, Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. This is an application appealing the January 22, 1992
Notice of Disapproval by the Building Inspector for a Variance
under Article XXIII, Section 100-239.4 for permission to locate a
proposed single-family dwelling structure within the required 100
ft. setback from the L.I. Sound bluff line as shown on either
Plan A or Plan B submitted for consideration (and described
below) .
2. The subject parcel contains a total lot area of 23,361
and is a corner lot as defined by Section 100-13 of the Zoning
Code with frontage of 100. 0 feet along the north side of Aquaview
Avenue and 220 feet along the westerly property line (shown as
Rocky Point Road or Sound Avenue on the plot plan dated
' Page 2 - Appl. No. 40
Matter of ANDREW AND ANN MONACO
Decision Rendered April 2, 1992
January 10, 1992 prepared by Barrett, Lanzisera, Beckman and
Hyman.
3 . The land is presently vacant and is owned by the County
of Suffolk. The applicant is a contract vendee pursuant to a
Memorandum of Sale with the County of Suffolk dated November 19,
1991, which has been submitted for the record.
4: The principal dwelling structure is proposed to be
located 63 feet from the outer deck at the most northeasterly
corner and 59+- feet from the closest point at the westerly end
of the dwelling to the bluff line, as shown on Plan
depicted "A. " Also submitted for consideration is Plan "B,"
alternatively, for setbacks at 73 feet from the most
northeasterly corner to the bluff line, and at 55 feet between
the westerly section of the house to the bluff line, at its
closest points.
5. Upon inspection, it is was noted that the bluff is
sloping. There is vegetation along the entire bluff and large
boulders (see photographs .in file) . The area chosen for a new
dwelling will meet the front yard setback of 40 feet at both the
southerly and westerly front yards. The setbacks are greater
than many buildings or structures along this bluff. It will be
necessary for the owner to provide for surface piping and
drywells landward of the house to retain runoff water from the
roof areas.
6. Article XXIII, Section 100-239. 4A of the Zoning Code
requires all buildings and structures located on lots upon which
there exists a. bluff or bank landward of the shore or beach of
shall be set back not less than one hundred (100) feet from the
top of such bluff or bank.
7. For the record, it is noted that other agency approvals
or waivers may be necessary and this determination shall not
affect the validity or more stringent requirements by other
agencies (Town Trustees, DEC, County Health, etc. ) .
8. It is the- position of this Board that in considering
this application:
(a) the relief requested is substantial in relation to
the requirements, however, there is no alternative for appellant
to pursue other than a variance due to the nonconformities of the
land and the restrictions by the zoning code regulations in other
yard areas;
(b) the grant of the requested relief will not alter
the essential character of the neighborhood; the area of
Page 3 - Appl. No. 4C
Matter of ANDREW AND ANN MONACO
Decision Rendered April 2, 1992
construction is proposed to be at a setback similiar to and
landward of structural setbacks established in the immediate
areas;
(c) the difficulties are uniquely related to the
property and its topography, and the difficulties claimed are
not personal to the landowner;
(d) the difficulties are uniquely related to the land
in question and has not been created by the landowner - the
nonconformities of the land preexist the enactment of the bluff
setback regulations adopted in 1985 (and preexists the enactment
of zoning in 19571 ;
(e) the amount of relief requested will not in turn be
adverse to the safety, health, , welfare, comfort, convenience or
order of the town, or be adverse to neighboring properties;
(f) the variance will not cause a substantial effect
on governmental facilities;
(g) in view of the manner in which the difficulties
arose and in consideration of all the above facts, the interests
of justice will be served by granted alternative relief, as
conditionally noted below.
Accordingly, on motion by Mr. Villa, seconded by
Mr. Doyen, it was
RESOLVED, to GRANT ALTERNATURE RELIEF for the placement of a
principal dwelling structure under Application No. 4085, SUBJECT
TO THE FOLLOWING CONDITIONS:
1. That the setbacks to the bluff line be not less than 60
feet between the westerly portion of the dwelling to the bluff
line, and not less than 75 feet between the northerly line of the
proposed house and the bluff line, all at its closest points; and
2. That there be no physical disturbance to or close to
the bluff area, and that protective hay bales shall be placed.
Vote of the Board: Ayes: Messrs. Grigonis, Doyen, and
Villa. Member Goehringer abstained since he is employed with the
Suffolk County Department of Real Estate. Member Dinizio also
abstained (no reason given) . This resolution was duly adopted.
lk
Southold ,Town Trustees
Field Inspection Report
Project Ap li ant/Number O-C) C -
I/
S' contains the following important natural featuresVeacicluff Dune, Secondary Dune, Escarpment, Kettle holes, a s
or Significant Habitats Rare, Threwtened, Endangered or species
of special concern.
Extent proposed activities are at variance from established
standards of Coastal Erosion Projection; is supplemental
engineering or1 advisory opinion indicated? 9Refer to CAC?
r �D,/ Cj� -14,!mil/V
Can impacts be moderated b simple project change?
Should FEMA Regs. be checked Prior to Permitting?
i�
Application complete, assement form provided/complete
Public services landward of Structure.
Non-movable structures/additions prohibited.
Permanent foundations not attached to movable structures
No movable structure within 25' of landward limit of
Bluff.
No movable structure placed so excessive ground loading
placed within 50 ' of point of inflection.
Relocation agreement required/acceptable.
Surface water not directed to/over bluff face.
The Activity is:
Zeasonable and necessary, considering reasonable
a ternatives to the proposed activity and the extent to
hich the proposed activity requires a shoreline location.
Not" likely to cause a measurable increase in erosion at
e proposed site and at other locations.
Prevents or minimizes effects on natural protective
features and their functions and protective values
existing erosion protection structures and natural
resources.
6T3,61stee signature on Monthly survey
Date inspected:
lt4
Andrew & Ann Monaco
9 Cliff Drive
Kings Park, NY 11754
Town of Southold ro Q
Town Trustees / Town Hall
P.O. Box 1179
Southold, New York 11971 JAN - g �_
January 8 , 1992 TORN OF SOUTHOLD
Dear Town Trustees :
My Wife and I. have purchased from the county of Suf-
folk, Land Auction, in November 1991 , a ..parcel of land
located on the corner of Rocky Point Road and Aqua View
Lane in East Marion. We are currently in the process of
acquiring permits and 'set back variances from the Bluff .
We hereby request a permit or wavier of permit to
build .a two story, one family residence as shown on the
enclosed survey under the proposed Law, (which we understand
will be enacted in late January) , which references chapter
97 section 13 in relation to Tidal Waters .
If I can answer any questions or if you would like
to meet with me, please feel . free to contact me at (516)
269-9063. Thank you for your consideration in this matter.
Sincerely,
Andrew & Ann Monaco
" 1111'1'LL 1Ju. 91011-042uu LEWL A ll"ilcLtlli'1'lulJ
ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND
BEING IN EAST MARION, SUFFOLK COUNTY, NEW YORK, MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A STAKE ON THE EASTERLY LINE OF ROCKY POINT ROAD 125. 00
FEET SOUTHERLY FROM A CONCRETE MONUMENT NEAR THE EDGE OF THE SOUND
BLUFF AND ON SAID EASTERLY LINE OF SAID ROAD;
RUNNING THENCE ALONG SAID EASTERLY LINE OF SAID ROAD, NORTH 13
DEGREES, 45 MINUTES, 10 SECONDS WEST 229 . 00 FEET, MORE OR LESS, TO LONG
ISLAND SOUND;
THENCE EASTERLY ALONG SAID LONG ISLAND SOUND ABOUT 100 . 00 FEET;
THENCE PARALLEL TO SAID EASTERLY LINE OF SAID ROAD, .SOUTH 13 DEGREES,
45 MINUTES, 10 SECONDS EAST 240.00 FEET, MORE OR LESS, TO A STAKE;
THENCE SOUTH 77 DEGREES, 19 MINUTES, 50 SECONDS WEST 100 .00 FEET TO
THE POINT OF BEGINNING.
FOR INFORMATION ONLY: DISTRICT 1000 SECTION 021 . 00 BLOCK 02 . 00 LOT
001. 000 .
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CERTIFIED TO Certifications indicated hereon signify that this survey Unauthorized alteration of addition 101 WAY map�•
was prepared in.accordance with the existing Code of ing a licensed land surveyor's seal is a violation of sec•
Practice for la rid Surveys adopted by flte New%fft Stale too 7209,sub division 2,of the New Ybrk Stale Bduci•
association of Ptolessional Land Surveyors.Said car- bgn Law.
d:°✓ tifications snail run only to the person for whom the Copies from the original of this survey map not marked
4!0 Ole survey is prepared,and on his behalf to the title 00m• with an original of the land surveyo$embossed sail
parry.guveinmental agency and landing institution listed shall not be considered to be a vaW copy.
hereon,and to the assignees of the lending institution.
A- Certifications are not transferable to additional iwitu-
/* a lions or subsequent owners.
SURVEY OF P,55CRIBED PROPERTY t
mr-_aSUFI OLK COlJN Y TAX Af� Barrett, an m
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IS RIG 1000 r 1 J • -- n
SECTION 021 �..--..
BLOCK 2 cona dting Engineers and Land$urveyvs
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p 126 Church Street 1001 Middle Country 800d
LOCATED IN EAST MARION TOWN OF •SOUTHOLD, Malverne,NY 11565 Aidge,NY 11961
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SFFOL.K COUNTY, NEWYORK TEL:(516)599.3W3 TEL:(516)924.3230 a
PLOT PLAN FAX;(516)593-8160 FAX:(516)924.3567
DATC DEC, A 19.91
$ FINAL LOCATION SCALE 1 IN. s 30' SURVEY N0. K60/6
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