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HomeMy WebLinkAbout4837 0n5,,,,r/ 4ii fq/5---,---,r,o,s,At. .0-0 i /9:e9e, /7/Y:4-7-7-4 ?ig/ePe, '',3Xviloo, 14 WoP r )- , , ri;e,z_ .474z45 fit 7'reeb-t6PL4',,c-, eiY. 10140P -P/7100. 4710. dia.7701 31p.,-701 J ) MY14'11 2_0&, 69/7101 __ZieZZH_21:1 71,1477-L-4-'dAe 6ke'llt / 'APPEALS BOARD MEMBERS 4P,,�$Vff04 dr 4 coa Southold Town Hail Gerard P. Goehringer, Chairman `: 53095 Main Road James Dinizio,Jr. y $ P.O. Box 1179 Z Lydia A. Tortora /, Southold, New York 11971 Lora S. Collins "1' 0\- ZBA ZBA Fax (631) 765-9064 George Horning l jail Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4837 — HARRY CASHY and MARIA MISTHOS CASHY STREET & LOCALITY: 1900 Hyatt Road, Southold PARCEL 1000-50-1-3 DATE OF PUBLIC HEARING: June 7, 2001. Findings of Fact BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated May 2, 2000 in applicant's proposed in-ground swimming pool and hot tub were disapproved pursuant to Article XXIII Section 100-239.4A which states; "All building located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." AREA VARIANCE REQUESTED: Appellants initially proposed to construct a 40 foot by 20 foot in-ground swimming pool and hot tub 74 feet from the top of the bluff, all according to a survey prepared by Joseph A. Ingegno, dated December 16, 1997, amended January 30, 1998, June 22, 1998, February 15, 2000. During the course of the public hearings, the appellant's revised the map to relocate the pool and reduce its size from 40 foot by 20 foot to 38 foot by 20 foot. The revised map, prepared by Joseph A. Ingegno, dated October 19, 2000, amended January 3, 2001 and February 23, 2001, indicated no change in the appellant's original request to construct an in-ground swimming pool and hot tub 74 feet from the top of the bluff. PROPERTY FACTS/DESCRIPTION: The property is situated on Long Island Sound in an area commonly known as Horton Point. The property consists of approximately an acre in size, with approximately 100 feet on Long Island Sound and 101 feet along Hyatt Road. The depth of the property is 435 feet along the easterly line and 327 feet along the westerly line. The property is marked by steep elevations, which range from 6 feet at the toe of the bluff to 44 feet at the top of the bluff. From the top of the bluff landward, the elevations rise to an existing deck elevation of 50 feet. The property is improved with a two-story frame house, garage, and attached 13.6 foot by 61.9 foot deck. Page 2—June 7, 2001 Appl. No. 4837— H. and C. Cashy 1000-50-1-3 at Southold FINDINGS OF FACT: The Zoning Board of Appeal held public hearings on the matter on July 6, 2000, October 19, 2000, March 15, 2001 and April 19, 2001 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal observations of members of the board and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. Appellants proposed to construct a 38 by 40 ft. in-ground swimming pool, surrounded by a 30 foot by 70-foot brick patio and hot tub. The patio, pool and hot tub area would be regraded and be contained by a four (4) to five (5)-foot high wood retaining wall that extends the length of the patio on the seaward sound side. The retaining wall would continue at a height of eight (8+-) feet at a right angle to the southwest property line to meet the existing wooden deck. Between the proposed retaining wall and the southwest property line to meet the existing wooden deck. Between the proposed retaining wall and the southwest property line, a distance of approximately 22 feet, the applicants propose to install a new drain field, as well as, landscaping to conceal the new retaining wall, pool project, as well as a proposed stockade fence and an existing four (4) foot high retaining wall. 2. The topographical relief of the proposed construction site drops 14 feet from the northeast to southwest property line. An existing subsurface drain at this corner would be inadequate to contain on-site the increased runoff from the proposed installation of a ground level brick patio surrounding the pool and spa, according to a Report of Suffolk County Soil and Water Conservation dated June 23, 2000. 3. New drainage pools would be required to handle additional storm water runoff created by the project, according to Appellant's Engineer, Cronin and Congdon Consulting Report dated July 5, 2000. New drainage plans were submitted October 16, 2001 to "triple" existing capacity. 4. Appellant's property slopes dramatically toward the adjoining property to the southwest, owned by Diane Ravith and Mary Butz. From the east side of the appellant's proposed patio to the southeast corners of the Ravith/Butz residence, the elevation drops from 52 feet to 34 feet in a distance of less than 100 feet. The proposed project is approximately 32 feet from the Butz/Ravith residence. Page 3—June 7, 2001 Appl. No. 4837— H. and C. Cashy 1000-50-1-3 at Southold 5. Ms. Butz and Ms. Ravith maintain that their property will serve as a "catch basin" for runoff from the appellants property, which would jeopardize the integrity and stability of their property. They further contend that the close proximity and towering magnitude of the property will be a detriment to enjoyment of their property. 6. During construction of appellant's house in and about 1999, runoff from the construction flooded the Butz/Ravith property, flooded the lawn which had to be replaced, flooded the basement, destroyed a foot path to the beach, and damaged the driveway, according to testimony of Ms. Butz, Diane Judge, an adjoining property owner, and other neighbors. 7. The Horton's Point bluff area has suffered from erosion at various points, including a major collapse of the bluff into the beach, according to the personal observations and testimony of area residents, as well as some longtime board members. 8. Applicant's attorney has testified that the location of the house was dictated by the Suffolk County Department of Health Services requirements that do not permit any alternative but to place a significant part of the pool and patio on the restricted bluff area. 9. The appellant's house was constructed pursuant to a building permit application dated December 29, 1997, upon which the Suffolk County Health Department granted approval on October 19, 1998, and upon which a Certificate of Occupancy was issued on December 8, 1998. However, a survey dated August 20, 1997, which was also approved by the SCDOH, indicates placement of the house further landward of the bluff with sufficient setback from the bluff to accommodate the deck and pool without the need of a variance. 10. At the April 19 hearing, board members requested the applicant's attorney to provide specific evidence why the pool and hot tub could not be sited either; (1) in a relatively level area of the front yard, which would not require a variance; or (2) within the existing deck as close as possible to the house, thereby reducing the degree of the variance requested. 11. In a response to the Board's inquiry, Appellant's attorney by Memorandum said placement of the pool in a conforming front yard location would not be Page 4—June 7, 2001 Appl. No. 4837—H. and C. Cashy 1000-50-1-3 at Southold desirable because of the "motel like aesthetics' and that the surveyor noted that an elevation range of 54 feet to 37 feet, in an unidentified area where the pool would be located, would necessitate a 15 foot wall. The attorney stated that moving the pool partially under the deck would jeopardize the integrity of the deck, and would not eliminate the need for a variance, but merely reduce the amount of variance required. IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN THE TOWN LAW 267-B 3 "AREA VARIANCES", THE BOARD HAS CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY AND WELFARE TO THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, AND DETERMINES THAT: 1. Grant of the area variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. While the Board acknowledges that the appellant has attempted to somewhat mitigate the negative impacts of the magnitude of this project, the sheer size of the project, and its close proximity to the adjoining properties on the northeast and southwest west, and elevated height over the adjoining property owners to the southwest, will clearly have an undesirable affect and be a detriment to these properties. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Despite appellant's claim that the Suffolk County Department of Health Service's requirements mandated that the pool and hot tub be located substantially within the 100-foot setback zone, there is no evidence to support this claim. The Board believes that the pool could be sited in the front yard without the need of variance. This alternative site would not only protect the sensitive bluff area, but would also eliminate the negative impacts of this project to nearby properties. Appellants response to the front yard location was opinion, not supported by a map identifying the alternative location of the pool by which the Board could evaluate whether or not a retaining wall would be required or any other factors involve dint his conforming location. Appellant failed to provide an actual cost estimates, Page 5—June 7, 2001 Appl. No. 4837— H. and C. Cashy 1000-50-1-3 at Southold or expert evidence to substantiate his claim that this alternative was neither desirable nor feasible. The Board also believes that the pool could be placed within the existing deck by partial removed of the deck which would reduce the degree of the variance by 13 6 feet. This alternative would minimize the variance, and diminish the impact to nearby properties. Appellant's response was that this alternative would jeopardize the integrity of the deck. Appellant's claim was not supported by evidence provided by an engineer or architect, or a cost estimate of this alternative. 3. The requested variance is substantial. Appellant requests 26-foot reduction in the minimum 100-foot bluff set back requirement to accommodate a 2,100 square foot project that includes a swimming pool, hot tub, brick patio, 4 to 8 foot retaining wall, regrading and landscaping. 4. The difficulty has been self-created. Appellant knew when they applied for a building permit to construct the house in 1997 that the 100-foot setback requirement existed. The August 1997 survey, approved by the SCDOHS, and submitted into evidence indicates that the house, deck and pool could have been planned and built without the need for a later variance. The difficulty is further self-created by the fact that the pool and hot tub could be built in a conforming front yard location. 5. The proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Erosion of the Horton Point area has been well documented during this proceeding. The horrific damage to the residence and property of the adjoining property owners on the southwest during construction of the appellant's house cannot be ignored. Although appellants have submitted a drainage plan to contain runoff on their property, the Board believes that risks to the bluff and nearby properties far outweigh the benefits of the proposed variance. BOARD RESOLUTION: Now, therefore, on motion by Member Dinizio, • Page 6—June 7, 2001 Appl. No. 4837— H. and C. Cashy 1000-50-1-3 at Southold seconded by Member Tortora, it was RESOLVED, to deny the variances requested. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). Gerard P. Goehringer Chairman flEC ;iVE _x AND 77_77 :31 COL: GIL) i,,.. ...4 �._._. ii Di it 31 3Sr3L�R �(do i • lt / '// Town Csrk, T ,r:r. of Southold 41 (SM NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, FEBRUARY 27, 2001 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, FEBRUARY 27, 2001, at the time noted below (or as soon thereafter as possible): 7:45 p.m. Appl. No. 4837 — H. CASHY. (Continued Hearing). This is a request for a Variance under Article XXIV, Section 100-239.4A.1 to locate an accessory swimming pool and hot tub construction at less than 100 feet from the bluff of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold; 1000-50-1-3. Charles R. Cuddy, Esq. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of the above hearing. This hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: January 30, 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 itYot 3d FORM NO. 3LE MOVE TOWN OF SOUTHOLD i © BUILDING DEPARTMENT MAY - age SOUTHOLD,N.Y. t NOTICE OF DISAPPROVAL DATE; May 2; 2000 TO Charles Cuddy A/C Cashy/Misthos PO.Box 1547 445 Griffing Ave Riverhead NY 11901 c Please take notice that your application dated March 22, 2000 For permit for accessory In-ground swimming pool and hot tub at Location of property 1900 Hyatt Road Southold NY County Tax Map No. 1000 - Section 50 Block 1 Lot 3 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds proposed construction not permitted pursuant to Article XXIII•Section 100-239.4A.1 which states- All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. Proposed project located within+/- 74 feet of top of bluff. ` wSL,,..., _ Authorizegnature I BOARDr*I") HEALTH ��p,� FORM NO. I` 3 SETS',eF PLANS • MAR 2 2 2000 , 1 TOWN OF SOU'1'IIOI.DSURVEY t BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORM BLDG. 'cSOUTHO1.B N.Y. 11971 TON CP'SOUTHOLD 't!.: 765-1802 NOTIFY: CALL. -Examined , 19.... MAIL. TO- Approved 19.... Permit No. Disapproved a/c (Building Inspector) APPi.ICATi.ON FOR BUiLDING PERMIT Date March 44 2000 INSTRUCTIONS a. This application mist be completely filled in by typewriter or in ink and submitted to the Building Inspector witl. sets 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 reets or areas, arca giving a detailed description of. layout of property mist be drawn on the diagram which is part of its application. c. The work covered by this application may rot be canmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a building Permit to the applicant. Such :rmit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in partfor any purpose whatever until a Certificate of :cupancy shall have been granted by the Building Inspector. APPLICNCNN IS IEREbY MALE to the Building Departmentfor the issuance of a Building Permit pursant to the Aiding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable laws, Ordinances or ?gulations, .for theconstruction of buildings, additions or alterations, or for removal or denolition, as herein ascribed, The applicant agrees to canply with all applicable laws, ordinances, building code, housing code, and 2,gulations, 'and to admit authorized inspectors on premises and in building for necessary inspections. Harry Cashy and Maria Misthos by Charles R. ,�`.. ,tar or pp c OLname, if a corporal ion) Cuddy, their agent cio tharies K. uuclay, sq. P.O. Box 1547, 445 Griffing Ave. , Riverhead NY (Mailing address of applicant) 11901 tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, pluder or builder. Owner ale of owner of premises ..E rry Cashy and Maria Misthos (as on the tax roll or latest deed) f applicant is a corporation, signature of duly authorized officer. (None aixl title of corporate officer) Builders License No. Plumbers License No. Electricians License lb. Other Trade's License No. location of land on which proposed work willbe done..1900..Hyatt.RPAd...$QIKON 1d., NY 11.971 Ik„Lse Naber Street Hamlet County Tax Map No. 1000 Section ..5.Q Block .1 lot .i Subdivision Filed Map lb. Lot (Hare) '. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..sing-e:family.r.esidence..of.app]i.cadt b. Intended use and occupancy same .A A -1 Ai illoY'm ;ii @o : .. :.a: i v&2014 rt iS!'.. C) CS.4.4 r c ..uw+t3'sdt rs nod 3. Nature Of work (check which apfilicable): New Building -- Addition Alteration ..:.,._^._.. ` Repair Removal Daunt ition Other Work canst ucti.00. at in74rn1td'_P901 (Description) and patio 4. Estimated Cost fee (to be paid on filing this application) 5. If dwelling, Domer of dwelling units limber of dwelling units on each floor If garage, camber of cars. G. If Insiress, commercial or mixed occu ncy, specify nature and extent of each type of use See attached survey 7. Himensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of sate structure with alterations or additions: Front Rear Depth Height limber of Stories R. Dimensions of entire new construction: POOL: Free-form 40 feet by 20 feet, maximum depth 9 feet PATIO: 70 gqx30 9. Size of lot: IrrcinP�tL attached survervar - Depth 10. Nile of Purchase Nemo of Former Owner II. Zone or use district in which premises are situated .R-4 9 • 12. Does proposed construction violate any zoning lase, onlinance or regulation: Intt;ta(les .int? bluff setback 13. Will lot be regraded ...40 Will excess fill be removed from premises: YES ND 14. Names of Owner of premises ..Ca shy iindMi.sthns.... Address .Sallie Phone No. 5 365- .. 90/U Name of Architect Address Phone No. Nate of Contractor Address Phone lb. 15. Is this pduperty within 300 feetof a tidal wetland? * YES N17 X *IF YES, ammo 7 n 1RnSIli&S PRRurr MAY BE RE( IIWI). PLOT DIAGRAM locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions, from property lines. Give street and block outlier or description according todeed, and show street nares and indicate whether interior or corner lot. SEE ATTACHED SURVEY SIAM. OF MN YORK, SS (UJNIY ov -`fpi Charles.R...Cuddy being duly sworn, deposes and says that he is the;.applicant (Nore-of-individua --signi.ng-cdntracl). alnwe maned, It is the .agent (Contractor, agent,-corporate officer, etc.)of said owner or owners, and is duly authorized toperform or have performed the said work and to make and file this I application; that all staterentscontained in this application are true to the best of hisknowledge and belief; and that_ the work will be berfonned in the nrmner set forth in the application filed therewith. Sworn to before ne this thy of .Manch .2D.O0. Notary RhbIic�.S+ -.c.i_...C�.,.4 !: 44C7 PATRICIA A. CLARK (Signature of Applicant) Notary Public,State of New York No.5711005 Qualified in Suffolk County Commission Expires September30,2002) -6S700 cc° • '2' 'i'OWN OF SOOT/1OLD, NEW YORK Th 4.�-19f ;• : APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Kdr.rlr...C.a.sh.y...£...Mar.:La...M.i.stho.s...of Name of Appellont Street and Number Plandome' Hei hts .o.,. Ii,Y ,,..... ..HEl2EBl' APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE, BUILDING _INSPECTOR ON APPLICATION FOR PERMIT NO .... DATED .M4,y,..2, 2000 WHEREBY THE BUILDING INSPECTOR DENIED TO Cx(S.h flS.i hA.S' Name of Applicant for permit of Street and Number Municipality Stote ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X ) Permit for accescory in-ground swimmtng pool and q�+ tub I. LOCATION OF THE PROPERTY 1.900•..H.y.att...R.oad Soik. k+.cV 4 Street / aline / Use District on Zoning Map District 1000 Section 50 Block 1 Lot 3 Current, Owner Applicant Map No. Lot No. Prior Owner 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXI I I Section 100.219 -4A 1 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of occess (State of New York Town Low Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 ( 4 PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance ) is requested for the reason that the proposed pool extends into the bluff area and would be located within + /- 74 feet of the top of the bluff. REASONS FOR AREA VARIANCE ONLY (to be completed'by `appiicent) C Do not use these standards for "use variance" or "special exception. " (Also attach sheets if necessary, with `signatures. 1. An undesirable change will NOT be produced in the character of the neighborhood ' or a detriment to nearby properties, if granted BECAUSE: the amenities are the same as exist at other properties 2. The benefit sought by the applicant CANNOT be achieved by pope method, feasible for the applicant to pursue, other than an area variance BECAUSE;L the pool cannot" `be `placed in another location . ' 3. The amount of relief requested is not substantial BECAUSE the variance mould be 26% 4. The variance.will NOT have an adverse effector impact en the physical or environmental conditions in the neighborhood or district BECAUSE it will not destabilize the bluff - - - , 5. Has the alleged difficulty been self-created? ( ) Yes. ( x ) No. 6 . This is the minimum that is necessary and adequate,Landcat the same time preserve and protect the character of theneighbarhoo4 and the health, safety and welfare of the-community. - 4 STATE OF NEW YORK) « n. COUNTY OF SUFFOLK) (APp i Znt) - Agent must attach written consent from owner. Sworn to before me this 02day of in , wg000• N ry Public - ates r 0. 9osae *** :es ` xtlk/form.var/temp St,TVA,Stale of Slew iliod 906072276 ,G-j caws aoatuora Ejttw oTugu¢.zg, 2000 a SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF HEARINGS HELD APRIL 19, 2001 (Prepared by Paula Quintieri) Present were: Chairman Goehringer Member Dinizio Member Tortora Member Collins Member Horning Secretary Kowalski PUBLIC HEARINGS: 6:55 p.m. Appl.No. 4937—SOUTHOLD PARK DISTRICT Withdraw by applicant 7:19 p.m.— 8:30 p.m. Appl.No. 4837 H. CASHY and M. MISTHOS. This is a request for a Variance under Article XX!V, Section 100-239.4A to locate an accessory swimming pool and hot tub construction less than 100 feet from the bluff of the Long Island Sound, at 1900 Hyatt Road, Southold; 1000-50-1-3. CHAIRMAN GERARD P. GOEHRINGER: Is there anything that you would like to say for the applicant council. CHARLES R. CUDDY, ESQ.: I'll wait until the opposition finishes. CHAIRMAN: That was Mr. Cuddy. Thank you sir. We are ready for your presentation sir. GWEN SCHROEDER: Hi, I'm Gwen Schroeder, I'm the Southold Coordinator for the Northfork Environmental Council. I would like to address the board about the application, specific application which is before you. As well as, express the Council's general philosophy on construction within 100 feet of the bluff After going over the agenda tonight I can see my comments apply to many of the applications. NFEC believes that the board of appeals should exercise extreme prudence when considering granting relief from the 100 foot setback requirement. We believe that due to the environmentally sensitive nature of the bluff and adjoining e-flow systems, as well as, the potential impact the construction will have on neighboring properties; relief should be granted only in situations of hardship. NFEC does not consider the inability to construct a pool on one's property to be a hardship. The bigger picture must be considered. The board has the right to deny this application. Although the applicant's attorney correctly sights instances in which the board has granted relief in excess of the 26 feet that is being requested in this case, we ask you to consider the what the cumulative effects would be if every property owner on the bluff were to come to you for review of the 100 foot setback rule. When would be the time to draw the line and say no. With development pressures r { r Paget Apnl 19,2001 ' ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD escalating on the North Fork, I would say the time is now. Why do we have the setback requirement at all if we it is routinely allowed to be jeopardized. Granting relief should be the exception, not the rule. I just want to quote a statement of a publication put out by the New York Department of State. This is from the Long Island Sound Management Program, it is a draft from 1993. I quote, "Respecting the dynamics of shore line change is necessary to protect human life and properties and to gain both the economic and environmental benefits associated with a more natural shore line. The coast is not imperatively hazardous. It is the inappropriate location of development that creates a hazard for life and property. Avoiding an appropriate decision for locating structures near eroding land is the first and most usable way to respect the dynamics of changing shorelines Allowing the sound shorelines to operate at the natural dynamics system and restoring these natural processes also provides benefits of public access, scenic beauty, wetlands and water quality improvements and erosion and flood protection. Interference• with the sound shoreline dynamics will continue to result in the loss of these and other benefits at public costs. Accepting these costs is only appropriate in areas where public benefits clearly outweigh public costs." Thank you. CHAIRMAN: Thank you. Good evening, sir. Could you state your name for the record. JOHN CIARELLI: Good evening, Mr. Chairman and members of the board. My name is John Ciarelli. I am an attorney with the firm Ciarelli and Dempsey. We represent the neighbors on both side, adjacent to the subject property on both sides. I know that Mary Butz, one of our clients who owns the property to the west,has additional evidence that she would like to present at this time consisting of photographs and some comments. MARY BUTZ: First of all, it's a good camera it's really not a good photographer. These photos were taken on Monday, of,what I call Passover Monday. I happened to have been off from work that day. We met a neighbor of ours, Mr. Mallady, who is here. We walked up and down the bluff,yet again. Mr. Mallady does not walk the bluff as often as we do during the summer months. About 150 yards down from the site request for this pool, exists this (shows photograph). CHAIRMAN: We need to see it. You've got a glistening here Miss Butz. M. Butz: These are the steps that went up to the property. CHAIRMAN: We can keep this, right? M. BUTZ: Sure. The Lester property it's called. You can see what happened to'the steps. You can see what happened to the land. You can see the gullies. This is the chair rail going up and the gullies and the streams coming down. The absolute corrosion that's Page 3 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD going on, on this block. You couldn't stage that. That really is what is going on at this moment. MEMBER COLLINS: Mr. Chairman, could you ask this lady(I'm sorry) M. BUTZ: My name is Butz (spells it). MEMBER COLLINS: You don't have to do it right now. But if these photos are going to be put in, I would like a clear annotation on the back of each one of them. The date it was taken,you've told us,but I would like it on the document; and, where, you said about 150 feet from a place, M. BUTZ: 150 yards MEMBER COLLINS: Please when you have an opportunity to, come in the office and annotate these pictures. Because, otherwise, they're just pictures. CHAIRMAN: We're doing that as you speak. What did you say the date was? M. BUTZ: I don't have a calendar. The 9th, I know because it was my day off. So I associate it only as that date. This year our holiday... CHAIRMAN: Can I have that picture back so I may...thank you. You may continue. M. BUTZ: Okay, I don't know if I should move on to the next. I think I'll stop talking about, I was asked simply to speak about the photographs that I had. I took them myself. They were taken on apparently the date of the 9th, or whatever that Monday is. The one that just passed. I took them with a Canon EOS camera. I brought them to a local photography shop and had them blown up and mounted them. I wish I were better at it. But this is one of the primary concerns that we have with this variance. We have many other concerns as well that will come out as we speak. CHAIRMAN: Miss Butz,before you sit down, this is 150 yards from your property due east. M. BUTZ: No, I think it's more appropriate from the Cashy property. We are right next to them. So it is about 150 yards from the Cashy property, the property in question. CHAIRMAN: East of applicant. MEMBER COLLINS: Which end of applicant's property? I'm not being bloody-minded we're being asked to consider the condition of the bluff and I want to know where. M. BUTZ: I'm not saying that at all. I'm just terrible with directions. MEMBER DINIZIO: I'd like to ask a question Mr. Chairman. . Page 4 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: Surely. Can I just give these to council so he can look at them. Would you give those to council. Thank you. MEMBER DINIZIO: What's at the top of this bluff. M. BUTZ: This particularly one? Someone's property. MEMBER DINIZIO: Is there a swimming pool there? M. BUTZ: Next door there is. MEMBER DINIZIO: No, in front of this here? MEMBER HORNING: Yes, I'm curious to see what the relationship is between approval and erosion of the bluff. CHAIRMAN: You have to use a mike sir, and you have to state your name. BOARD SECRETARY KOWALSKI: Excuse me,before you speak sir, we need your name please. JOHN MALLADY: My name is John Mallady. I own the property ambiguous to the slide. They're on my right when I look out my window. CHAIRMAN: That's east of your property? JOHN MALLADY: Yes, on the east side. I'm 1400, that's 1300. On top of the bluff there is about 110 feet of grass and then°a house. I'm talking about the property, and then a house. There is nothing there, as far as, a pool, or weight on that property. The reason I came up is that I thought I could just clarify that,because Miss Butz didn't know that. MEMBER DINIZIO: What would be the cause of that erosion? JOHN MALLADY: I don't mean to be flippant,but if I was on better terms with mother- nature I might be able to answer that. I don't know, what I can tell you is that in the last three or five years,we have had an inordinate amount of water flowing through the area. There are a lot of underground springs up there. Mr. and Mrs. Lester, who are my neighbors to the east where the slide occurred, invested a considerable amount of money 11/2 years ago to let someone fix it. This spring, a northeaster came and unfixed it. I think what is important, also, is if you know the area and you can walk the area; I'm not saying you people should do this,because it's something that we do all the time, that from the point (we call it the point, Horton's point)which is about two properties east of this property we're talking about where the slide is just past that is where the Park District is, there is a little jetty. There are some rocks on the beach, this is where the Park District Page 5 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD ends. From that area all the way down to Kemity, which is the old Betty Parson's house, Otto Lindemeyer was next to that, Lester(which is the slide),me and then three more properties this spring for the first time, we have seen substantial underground water coming out through the bluffs. Every year there's been a little there. We've always had a little bit. There's been a little here, a little there, a little over there. This year, right,now, every property you walk down and mother-nature doesn't define by property, as you walk down the bluff from the Parson's property which is 300 feet east of me, down to probably two properties past me which is to the west another 200 feet; there's a lot of water Running down because of the rainfall we had. That has nothing to do with should we build a pool or not build a pool. But, I think it certainly should enter into our thinking when we say, should we do something. That,maybe we should interfere with this bluff unnaturally,because,unfortunately mother-nature may have other things in store. But we just don't know. The bluff is not as stable as I've heard people say. "Don't worry, it's been there for a long time, it's not going to change. It has changed, it is changing; and unfortunately, it's changing right now. I haven't really questioned it,but I'd be glad to help you if I can. MEMBER DINIZIO: I guess;in answer to my question, this erosion has occurred naturally. JOHN MALLADY: I can't say it. MEMBER DINIZIO: In other words, someone didn't build a house too close to that JOHN MALLADY: The house that's there has been there for; I would guess, eighteen or 20 years. It's back, well it's now not as far back from the bluff as it was 2 years ago. But it's probably, right now, it's back (a guess) 70 feet, 75 feet something like that. MEMBER DINIZIO: I just wanted to see if there was something on top. JOHN MALLADY: No, no, they did not do anything two years that said, oh look what happened. No, I don't think so, not at all. CHAIRMAN: Okay, Mrs. Tortora has to ask a question. MEMBER TORTORA: I really appreciate listening to testimonies made which you live in an area. I'm going to pick your brain. JOHN MALLADY: Well, thank you very much. MEMBER TORTORA: How long have you lived there? JOHN MALLADY: This is eleven now. MEMBER TORTORA: Has your property eroded back from the bluff line during those eleven years? Page 6 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD JOHN MALLADY: We have not, yet. I will have to tell you that, and you probably know, that when you get a slide over here, it has a tendency to go like that. We're probably right on the edge; and it's going to happen unless we do something, or combined we do something to do it. The property east of the slide property,has already been affected. Maybe five to six feet,no dramatic thing,but it's still affected. MEMBER TORTORA: It's not all properties, there's properties that there is obviously some sort of gully. Where there's that gully, then....Has the overall line of the bluff within 300 feet of the Cashy property? Has that eroded? JOHN MALLADY: Has that eroded? MEMBER TORTORA: Would you say that's receded within the last ten years that she's been there? JOHN MALLADY: You'd have to be talking, to the east. I'm not, I can't say. I think that has happened. But I think I've seen areas where I though, oh gee, last year I thought there was more out here than there is right now. You know, that's not a gospel kind of thing,no. MEMBER TORTORA: In some areas that we've seen in Southold, we've actually seen very, very firm that we've seen. In some cases,we've seen foundations crack. JOHN MALLADY: Oh yes. You see it in Peconic. You see it right at the Lighthouse. You see the fence hanging off at the Lighthouse. That's a little further east. But, this is all just washing down, year after year, after year. The benches they put up last year, on the beach by one part of the Lighthouse, they're gone. They were washed down this spring with the run that hit the Lesters again. So yes, there are changes. For me to say I haven't seen it, doesn't really mean it hasn't happened. MEMBER TORTORA: Okay, thank you very much. MEMBER HORNING: The other neighbors aren't here,but to your knowledge, the house immediately to the west of the Cashy property around McKinsey, was that built before the applicant of JOHN MALLADY: Oh yes, it was moved there. Yes, it was there quite some time before. MEMBER HORNING: Before the Cashy house? JOHN MALLADY: The Cashy house is probably the newest house in the area, right now. MEMBER HORNING: Okay, thank you. Page 7 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: Thank you sir. CHAIRMAN: Sir, state your name for the record. CHAIRMAN: We know you're the next door neighbor. WILLIAM TOEDTER: William Toedter, and the next door neighbor to the east. To answer Lydia's question, I would say that our property from the bluff on down has had some erosion. It is difficult to see because of the undergrowth. But, as a youngster growing up there and living there for forty years, and walking through the forest and retrieving balls; I can tell you that throughout the whole property and the property now next to us that is being built, we have lost substantial amount of dirt over the years. MEMBER TORTORA: How long have you been there? CHAIRMAN: Forty years, he said. WILLIAM TOEDTER: Forty years, yes. MEMBER TORTORA: How much property would you guess. I'm just asking for a guess. WILLIAM TOEDTER: Property from the bluff on out, from our bluff point? When the house was built, fifty-two years ago now, I believe, what happened is that there was a bulkhead put in at the edge of the bluff there. We haven't lost anything from the bluff line. What we have lost is the portion of the soil that used to be flush with that, going down,has now dropped about five feet down below that bulkhead. CHAIRMAN: You haven't had a slide though? WILLIAM TOEDTER: We haven't had a slide,but,because of the bulkhead. 1 CHAIRMAN: Well that's still a slide. That's still an erosion. WILLIAM TOEDTER: But we haven't lost, I guess from the bluff line, what you consider sort of an edge we haven't lost that. But because of the.... CHAIRMAN: Last Saturday, I was back up to your piece of property, yours and your mothers. I spent some time looking over that edge that you were referring to right now. You certainly can see that there is some movement there. I hope you don't mind that I went up there. It is an absolutely magnificent spot. I did see some movement. There's no question about it. Any other questions of this gentleman? Ladies and gentlemen. Page 8 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD No. We thank you. DIANE RAVITCH: My name is Diane Ravitch, and I share the property directly to the west with Mary Butz. We purchased the house in 1999. The house was built in 1895. It is one of the historic houses of Southold. There's a photograph of the house on the wall right outside on the other side of the corridor. It's described as the Marshall Estate. Half of the house was torn down in 1932. It was next door to the Cahoon Estate, the two houses were side by side. The Cahoon Estate was ripped down, thrown away. Half the Marshall Estate was ripped down and the remaining half was brought, I think by barge, that's the story I was told to a second location in 1932. The house is an absolutely amazing antique structure. It sits on a very low piece of land and the question'came up at the last hearing, why were we so concerned about this pool. In addition to the other forces and concerns the neighbors have, the particular concern that I have is, that we will be looking at a wall that encloses this pool that will look like a structure on the L.I.E. We will be,because of the grade, their pool will be over our heads. Their pool will be eye- level with our second floor. I have an office on the second floor, and when they have parties, I will be eye-to-eye with people on the patio. When we are in our yard, we will be looking at their underside. From our yard, from our door and from our windows, we will be looking at a wall that is 30 feet wide and 8 feet high. This is such an esthetic intrusion, that we feel that this is a terrible invasion of our privacy, our tranquility, and will have most certainly a detrimental effect on our property value. I can't imagine that when we saw this house and feel in love with it, that we would've fallen in love with it had we seen a structure 30 feet wide and about 8 feet high attached by this 70 foot long structure towering over our heads. From the ground it will be obsessive kind of barricade over our heads. So,when I think about this looming over us, this forbidding fortress-like structure that is about to be built, it is very frightening, it's very upsetting. I can't think of anything that could mitigate the esthetic ugliness of this structure. Thank you. I'll be glad to answer any questions, if you have any. CHAIRMAN: Any questions? Yes, MEMBER TORTORA: You're primary concern is the visual impact of the wall? DIANE RAVITCH: I think it would be, A: very ugly, and because it is so ugly and imposing on our privacy, that it would damage our property value. I think, that therefore, it is something that we find very intolerable. MEMBER TORTORA: If there were no wall involved, would, the proposed pool be a concern to you? DIANE RAVITCH: Well it would be hard to imagine, I mean, everything that they've shown us now since they first brought this forward, has involved this large structure facing us. The change in the grade, this wall, the change in the grade that is particularly oppressive and it is hard for me to imagine that this could be changed in such a way that It would not be looming over us,because of the change in grade. Their property towers Page 9 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD Over us. Their deck is 12 feet over us. We currently have a four-foot bulkhead between our property and theirs, which has trees in it; and behind that four-foot bulkhead, would be an eight-foot bulkhead, at least eight feet. Thank you. I don't know if this will convey it,but this is, standing on our property, this was taken on the same day, April 9th (showing a photo) standing on our lawn and looking up at their deck. You can see the four-foot bulkhead, in front of us, it's five-feet in some places,but then, above that is the deck and the pool will be built up almost to the same level as the deck. The deck is 10 feet over the current bulkhead. CHAIRMAN: We can keep this Miss Ravitch? DIANE RAVITCH: Yes, thank you. CHAIRMAN: We are ready for you council. JOHN CIARELLI: Thank you. I would like to offer to the board that a real estate appraiser has testified, I believe, on the second hearing of this matter. I had asked him to review the changes that the applicant has made to the proposal. Essentially lowering the elevation of the deck of the pool, approximately 2.4 feet and moving and shifting some of the components of the application to the east. Aside from the fact that shifting, I think that shift was in response to some of the concerns about noise. Those concerns were merely shifted over to impact the neighbors to the east, more than the neighbors to the • west. That really didn't solve the problem. But, I want to offer a letter that Mr. Gibbon, who still finds a negative effect on the property value associated with the project even though it has been modified to a certain extent. I know that this is the fourth night that you have been here, considering this application. • CHAIRMAN: We really hope we can close it tonight. JOHN CIARELLI: I hope so too. We have looked at some of the decisions that this board has made considering similar applications. Not in the same area,because, this area really doesn't have any pools. I believe that the record contains evidence to the fact that, of the thirty-six properties that comprise this neighborhood, there are only two pools. One of them is, incidentally, immediately to the west of the Ravitch/Butz property; but that pool is almost at sea level. It's slightly higher than beach level,because, right after the applicant's property, the property continues to slope down; whereas the Ravitch/Butz property is much,much lower. The property to the west, is even, it's probably the same dimensions or lower. So that pool is down near the water,probably an elevation of 10 or 12 feet. Quite frankly, I don't know where the other one is. The aerial shows it could be a significant distance away. So this is not an area that is characterized by common use of swimming pools. I know you have considered these types of applications in the past, you have looked to see what the neighborhood has looked like and whether pools are common in the area. The pools are not common in this area. As a result, it's our contention that there will be an undesirable change in the character of the neighborhood. Miss Ravitch Page 10 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD Has spoken to the esthetic impact of this project, actually the pool is proposed at an elevation of 44.8 feet. I believe that at the property line, the elevation is approximately 35 feet. At some places, there is a 3, 3 V2 or 4 1/2 railroad tie retaining wall. There will be another 7 or 8 foot railroad tie retaining wall. It's going to extend, I mean I don't need to describe it,because Miss Ravitch described it quite adequately. It's a significant structure, it will have a significant esthetic impact. It's going to have the kind of adverse effect that you look to on previous applications to see whether this would unjustifiably intrude on the neighbor and we believe that it does. Shifting the hot tub to the east only adds to the burden that our clients to the east will have to endure. There's a hot tub, so there's going to have to be a heater. There are pumps, and the noise that is going to be generated,not only from the people who justifiably and understandably will use the pool, but from the equipment that is associated with. Nobody here wants to deprive anybody of the right to use their property. In this particular case, it's just that they have maximized their right to use their property by building the house where and the way that they did. You have also considered, in the other applications, whether this benefit that they want, the pool, could be achieved by some other way. Right now you might say, they can't achieve it any other way, because that deck is built right to the 100 foot line. But, in reality, they could have achieved this some other way two years or three years ago when they conceived of and built this house. So, answer to that question, is yes. The applicant could have reasonably sought the benefit of a pool by not building his or her house up to the hilt,right up to the line. The site plan shows that the deck and the house are built right up to that 100 foot line. That wasn't invert ant, that was intentional. The applicant will say that was a result of restrictions,health restrictions that were out of our control. We don't believe that it was out of their control. Another thing you also consider is the size and the substance of the variance. I believe, consistent with your other decisions. I also believe consistent with, Mr. Cuddy has said on the record, that it's undisputed. That this is a substantial variance of 26% of 100, 26% of the setback as being encroached on. Are there physical and environmental impacts, negative impacts, associated with this application. Obviously, Mr. Mallady's comments were compelling and we appreciate the support from the North Fork Environmental Council. Because, as a general concept, I know you know, that this is a problem. The town has to consider these types of setback variances different than they consider setback variances that do not have potential environmental consequences. So that it's one thing to allow someone to vary their sideyard to accommodate a porch or a shed; and, it's another thing to vary the setback variance as it is set back off of a bluff line or a coastal erosion area. So, for that reason, even though there is no engineer to say that the installation of this pool will have an adverse impact on the stability of the bluff, we all are confronted with natural forces that override all of these concerns. And certainly there would have been an engineer, two or three years ago, to say that on the Lester property, the installation of a pool wouldn't have an adverse impact on the bluff. But then again you had natural forces undermining the Lester property. You can see that. You can see that if you go there. You've heard it from Mr. Mallady. Erosion for no apparent reason other than natural causes. That should send a red flag up with respect to this application. It should send a red flag up with respect to your decision as to whether you are going to allow an encroachment on this setback by 26% for a pool, which we might distinguish from a house or some living area. But,this in essence is a pool. It's not critical to the use and enjoyment of one's property, Page 11 Apri119,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD where pools are uncommon in the area. And where there, obviously have, it's waterfront property. So the question of whether a pool is necessary for the use and enjoyment of a property, is a question that has to be answered in the context whether or not this is waterfront property. Is the need self-created? Mr. (line 74, side A, tape 2) I respect, the need is not self-created,because we had to comply with the health department's 100 foot setbacks between wells and septic systems. Rather than constructing the building right to the line, that 100 foot line,the applicant could have modified the design to accommodate the Health Department and accommodate the future need for a pool. It's not enough to say that the Health Department imposed 100 foot setback. We couldn't do anything about it. This hardship itself created,because, in the face of Health Department regulations, the applicant still decided to build this building to the hilt. It's a large house, and they built it without consideration for future needs. That's really a significant amount of concern. If they anticipated the need for a pool, then they failed to make provision for it by building the house to the line. If they didn't anticipate the need for a pool, then it couldn't be that important to them. They've chosen to use their property in this way, and they have realized the use and enjoyment of their property. We've heard that the NFEC concern that this is an undesirable precedent; Mr. Mallady has said that on previous occasion. We feel that if this board grants a various of 26% for a swimming pool,not for a house, it will be in effect changing the line to 26%. We feel most respectfully that there are few structures that might be presented to you for a variance that would less justify an intrusion or encroachment on this bluff than a swimming pool. So that by granting this for a swimming pool from 26%to 74 feet, you're never going to be able to-deny any kind of accessory structure for 74 feet. You are • in essence changing the line in that area to 74 feet. I don't believe that's justified. Your neighbors do not deserve to be subjected to these adverse impacts on something that either wasn't a significant consideration to the applicants a couple of years ago when they built the house; or it's an example of that, I hate to say it, development maxim let's build to the hilt and then we'll ask for more later. We urge you to deny the variance for all of the five reasons that the statute tells you to consider and we really appreciate the time and effort you've made considering this application. Thank you very much. CHAIRMAN: Thank you. • MARY BUTZ: I just would like to inform everyone on the Zoning Board, that this is the only piece of property that I own, the only piece of property that I own. I sold a house in Bay Ridge invested my money and looked for three or four years to find this house. Losing 10% of it's value will have dramatic impact on my fiscal well being, for an incidental item. So, I just want that to be known. It's not my vacation property. CHAIRMAN: Thank you. Council. Mr. Cuddy? We would like to wrap this up tonight, if it's all right with you. CHARLES CUDDY, ESQ.: My understanding is you want to close the hearing. Page 12 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: That is correct. CHARLES CUDDY, ESQ.: Often when I sat there I look at you, and you look at us, and say that probably you would like us to go quickly and quietly. I will try and do both,but I would like to say a few things considering the testimony that has been given. We appeared here many months ago, and when we did, there were certain things that were brought to our attention by our opponents. We attempted to make every effort, at the chairman's urging and the board's urging, to compromise with our neighbors. Our neighbors had indicated to us that,by letter, it was in offering; and currently, they've had a change of mind, as well as, a change of council. I'm disappointed,but I would like to say to you I now understand what a moving target is. When we first came,people were worried about drainage; they were worried about bluff stabilizations. They were worried about noise. We virtually didn't hear about that as to this property. We heard about bluff stabilization a football field and a half away, 150 yards. That's not this property. It's not even close to this property. But, that was what we heard from them. You have before you conservation statement from the county, an unbiased source, saying that it isn't a stabilization problem at this particular site. The noise issue has seemed to abate, somewhat, after our noise expert testified. There is, in fact, not really a noise concern. We're going to hand up shortly the statement of Mr. Penesis who is here tonight,but that's gone. Each time that we did something, they countered, so that we now have a whole different scenario before us. We're now worried about the esthetics. We have our landscape architect here. I think he can testify shortly, very quickly. I think he will show you, not only are we on level piece of land, in lieu of the site; but that we are going to, we said to you we will,have sufficient foliage there so that this will block this very big concern that seems to be apparent now. I would like to go back,because I want to tell you that we made the effort that you asked us to make with our neighbors. Neighbors who write us saying, through their attorney, that they want to make an effort to resolve this problem. So we moved the pool, we moved the hot tub, we shorted the pool. We said to them we would put in more landscaping. We did all of those things, and, on the verge of finding out that we had a compromise, we had none. So all of this time, there appears to be a sham. What they're saying to us is,under any circumstances, we don't want the pool. It would have been nice if they came forward and said that four to six months ago. They could have done that. Instead,we've been led down this path where we're going to find a reason, any reason at all to stop it. I don't think the reasons are sufficient. We've gone through, we've had testimony. We've had testimony from engineers, including your engineer,who really didn't disagree with our engineer. We've had testimony from a noise expert. We've had evaluation testimony. We've had virtually all the testimony that was necessary,under any circumstance on a bluff case, to obtain approval for a pool. What this amounts to is someone who has a house much further into the bluff than our pool will be, telling us that we shouldn't use our area. But, when they talked to us about what you should have,whether you should have a pool or whether you should have a deck. Let me tell you, if we'd asked to put a deck in this pool. Or anything that would be improving to the bluff, they would be here opposing us. They would be saying to us, don't come to the site. Theirs is a general upset, it's not a specific upset. Page 13 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD They don't want a pool. They don't want us to use the area where our pool will be. Whether it's a patio, whether it's a volley ball net, they just don't want us to use that area. I don't think that is opposition that's sufficient to defeat the pool, and I would hope that you would not either. Because, then anybody, from any neighborhood can oppose an application; would say to you, we don't like it you should defeat it. Because, that is essentially what has happened here. I would point out to you, again, that we attempted to work with them, we,because they really didn't want us to work with them. I have decisions with me, a letter, that granted pool and deck variances in the last eight years on the bluff. On the bluff from Mattituck to East Marion. Most of the decisions are in the last three or four years. Half of them are pools,half them are decks; six pools, five decks. Nearly all of them involved narrow lots. Nearly all of them involved a more substantial than 26%variance. I say to you, that in each case, when we went through criteria similar to what you have in this case, and you've found that these did not disturb that criteria. I'm sure you've proven that met the criteria. I believe that that's the case here. I believe that we have a similar situation. I believe that we have testimony that supports the same findings that were made here. I'll hand these out, and I ask that you, in considering this application,recognize what the applicant has done. Recognize that the applicant has made the effort to work his neighbors, and he was effectively rejected then. The applicant here is not asking for an intrusion on his neighbors. The applicant here is doing what many other applicants do, and that is trying and makes use of their property. Yes, they're making use of their(Side A, tape 2 line#422) but there's nothing wrong with that that I know of I really would hope that the board would look very carefully at the arguments that have been made,because they keep moving. When one argument isn't good, we throw another one at them. I don't think there is a specific argument that prevail against this pool. I would Mr. Bosman to testify briefly about the landscaping which has been brought up tonight,because of the enormous wall that is going to be on level with the pool. Is going to be around the retaining area. But all of that is going to be screened. We said that before, we're saying it now. That, in itself, certainly(inaudible) MEMBER TORTORA: Mr. Cuddy, I just want to say one thing. Yes, this board has reviewed applications for setbacks from bluffs and on Long Island Sound, from Mattituck to East Marion. However, I think, and all of the board members should agree, each area in our Township and the shoreline is very different. We look at them very differently. In some areas are and in other areas, when the board makes it's decision, it looks at that particular error, not on all the past issues. The other thing I wanted to ask you is, one of the things we always look at, is alternate locations on the property. I don't know how much we've discussed that with you, so let's discuss it now. What has prevented you from putting the pool in the front yard? MR. CUDDY: The cesspool and well are there. MEMBER TORTORA: The cesspool is, I'm talking about the relatively,because it's a waterfront lot you have a choice of which area you want to concern, the front yard or the rear yard. I'm talking about the area south of the cesspool. MR. CUDDY: So putting it out towards the street? Page 14 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD MEMBER TORTORA: Yes. MR. CUDDY: Well, number one, I think the distance between the cesspool and the street is not significant. It's perhaps, it's that mark under here. That would have a lot to do with trying to get a pool in that location and to set up all the things that you normally need for a pool. I think it would be difficult to put it in that location. MEMBER TORTORA: Because of? MR. CUDDY: Because A; of the cesspool, and B; of the, where that would have to come out of that side. I just think it would be hard for them to. MEMBER TORTORA: I'm serious. Is there a certain requirement of a certain distance that a pool has to be from the cesspool? I'm not aware of it: MR. CUDDY: Well, I think then you get into a information question, as to, how much the pool is,versus where the cesspools are. I think that would be a problem. MEMBER TORTORA: Well, it's a fuzzy area to me,but that is one of the things that MR. CUDDY: I,would be glad to push on everyone here to comment on it. MEMBER TORTORA: It looks like the elevations are relatively stable in that area. MR. CUDDY: I'll have him comment so you can CHAIRMAN: State your name for the record. By the way, I didn't swear you in,but you're officially sworn in. ( ?): The entrance to the park area, to the drive area is landscaped totally and would involve large tree clearing on the property. Since there were a lot of trees that were cleared to put the property in. MEMBER TORTORA: Is the area fairly level then? ( ?): It's level behind the stone wall,but it does slope down. MEMBER TORTORA: Is the elevation clear like 57 all the way over to 54 does not look like it's, anyway the elevations look much higher than the area where the proposed pool is, much more unstable. ( ?) It seems rather level in that area,but it would involved a lot of land clearing. BOARD SECRETARY KOWALSKI: Could I have your name please, I'm sorry. Page 15 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD GARRETT BOSSEN: My name is Garrett Bossen. MEMBER TORTORA: Under the criteria that we look at, it's very simple; that there is no other alternative location on the property that would not require variances. MR. CUDDY: (INAUDIBLE) BOARD SECRETARY KOWALSKI: I'm not catching what you're saying. MR. CUDDY: I said I would give you an engineer's statement so that you have that for the record. The buffers will have the ,because I believe that there is a problem putting it in that location. MEMBER TORTORA: I would appreciate that. CHAIRMAN: Mr. Cuddy,while you're still there, normally, and of course, I haven't discussed alternate relief either. This applicant also has the ability to take a portion of that deck down and put this pool as close to, structurally as close to the house as possible. Which would push it way back into the, in the house area. That's another alternate location. MR. CUDDY: To remove the deck? CHAIRMAN: A portion of the deck. Yes. And actually put the pool underneath the deck, closer to the house. Let me just back track, okay. I haven't looked at your list of places that we've granted variances on. Okay. Let me just mention two things to you. We take houses in Mattituck on the 150 foot highest location above the sound very seriously,because there is a significant amount of erosion in those areas. If the major portion of the applications that you've given us that we've granted are in the pebble beach area, we find those to be a little less environmentally unsound;because, they have series of lips on their bluffs. Some of those bluffs in the pebble beach area have almost three lips. It's a gradual contour with lips going down before you get down to the actual beach area. Although the height is similar, in reference to the height. We're just mentioning that,that's some of the reasons why we've dealt with that. It appears to me that in this specific area, Horton's Point,has always been an area which has some significant erosion. I'm not saying that this applicant's property is specifically in Horton's Point; but, it's within the area of Horton's Point. We do have an application before us just on the other side of the steps that lead down to the beach at Horton's Point Lighthouse. The conservation has commented on it and asked us to go to another agency. So, I consider, and correct me if I'm wrong, and that's the reason I'm bringing this issue up. I consider Horton's Point very similar to Mattituck. All right. Let me just give you an example. I have a father-in-law who lives on the bluffs in Mattituck. His property is about 162 feet high. He, in the mid-80's had to move the house back 140 feet. That house now sits back Page 16 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD 140 feet. The reason why I consider these to be very similar is because, I think,they had very similar soil content. Although, I think Horton's Point is rockier, at the beach area than some of the beach areas in west Mattituck. When I say west Mattituck, I refer to west of the inlet. They have a similar clay situation. When you have erosion and the clay strips,the sand strips away; the clay comes out and is exposed, the clay shears off in certain places. That's why I consider Horton's Point similar to Mattituck, in that respect. It also has similar height analogies. So, I'm just saying in general that there are some areas in town where we have less environmental problems and there are areas where we have more. So, we take a look at those a little more stringently than we do others, and, of course,we deal with soil and water conservation, significantly. One of the main concerns that I had with your applicant's property was that of drainage and that drainage field that exists. Of course, we've addressed that issue to a certain degree, in your mind. I'm not sure I'm totally agreeable with it,based upon significance of that wall, a bank that exists between the Butz/Ravitch end of your applicant's house, in the respect that I've just never seen a drainage system like that before. Toward the bluff,but, that's not a 8:15—MEMBER HORNING LEAVES THE HEARING. CHAIRMAN: So in reality, there are still additional concessions that, we do appreciate that you mentioned the fact that you did try to arrive at some happy medium with the neighbors. But, in general, there are still additional concessions that your applicants could agree to that would place this in a different location. Either, adjacent to the house, or in the location that Mrs. Tortora was referring to. I am just mentioning that in general. That's it. MR. CUDDY: I just want to comment a little bit on the stabilization issue. The testimony has been,by knowing you, their side or our side, that it really poses a problem. Also,by the soil conservation people. I agree, that that's certainly a very serious consideration. That's why the first thing we did was to go to them and say this was a problem. That they would probably agree with us. The answer was no. The answer from their engineer was that, it was not a stabilization problem. The answer from conservation bureau was that it was not a stabilization problem. I understand there are fences that do have that problem. It could occur any place, at any time. Unfortunately, The house location of other people will also be effected by that type of situation. What we are saying here is that we're going distance into the bluff, not a great distance into the bluff, and that bluff from all testimony that we had, it is stable at that point. And I believe that's true,based on the testimony. We would, again,be pleased to have that effect once more. I believe there is even further evidence, that other agencies don't believe that this particular site is the problem. You can see, granted the stairs, down that slope. Based upon(inaudible). So, I think all the evidence would show, that at some length the stabilization would be effective on this particular site. I understand Mrs. Tortora has a serious problem because of(inaudible). MEMBER TORTORA: That's a requirement under the law. Page 17 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD MR. CUDDY: I understand. I absolutely will move aggressively so that,hopefully, you will be satisfied. I would like for them, taking a lot of time(inaudible) question about this wall in a different situation. CHAIRMAN: Could I just touch one last area on that, and I'll leave it at that point. As I said to you before, I have never seen a drain in that situation, where it's been placed in the lowest area of the property toward the bluff. We have had testimony from Miss Butz who has indicated to us, that she has had water in her basement of her house. I truly, truly,honestly believe, and I know the drainage calculations that you have given us. I know the significant tailing of the drains that are going to go back on that side of the property. I honestly believe, that that particular situation really has caused some of the water intrusion in the Butz/Ravitch house. That's my opinion. That is not an opinion by anybody else. Based upon the fact that that drain sits there. That's just it. I'm going to leave it at that point. MR. CUDDY: I would add one of the things, Mr. Penesis was here last time. He made a short statement; I'll give you a copy of it to the opposing attorney. Just simply bringing his testimony so that you have it. I had also given to you, and I don't think I mentioned it on the record, that Mr. Ingegno had given us a statement, indicating the location of the pool and the well and this close to the house. I just wanted to confirm that with you- MR. CHAIRMAN: Right. MR. CIARELLI: With respect to the Suffolk County Soil and Water Conservation report, I disagree with Mr. Cuddy, in the sense that I don't believe it's a green light for this project. The technician points out many potential hazards,potential causes of erosion that can be created by this particular project. I think, also, that all of the issues that you've spent a lot of time over the last year considering are still before the board. We don't wish to abandon any of the significant concerns; like the drainage, like the noise. Potential erosion is not a new issue that was created tonight. These are concerns that moved on throughout this proceeding. I know that noise; it's in the record as a particular concern with Miss Ravitch, who works there. I just wanted you to know that We have given this serious consideration. We have given the applicants these serious considerations. We have given everything that has been presented to you over this period of time, serious consideration and still consider them serious issues. I am sure, with respect to whether people certify things as adequate and competent, I'm sure the D.E.C. gave the Lester's a permit with their steps that we see in those pictures are on the downside of the slope. 'They felt in good faith, that the slope and the terrain there was sufficient to hold those steps and to keep them stable over the years. Thank you. CHAIRMAN: Yes, go ahead. MR. TOEDTER: I just like to correct something. Jim Toedter, again. I think, Bob Hyatt's daughter, Jerry, who lives on the property said it best when all this came up. She , • Page 18 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD said, "It's a shame 10 or 15 years ago we, as a community, would get together and talk about changes. Even if Mr. Lindermeyer was making a change to his property 150 yards away, we, as a community, stopped by and talk to him. At no point has council,has the property owners, from the day the house was built until today, approached the Toedter household about any of these issues. Until last meeting,we were not represented by council. Until last meeting, until the pool was shoved over to our side of the property, for council to say that we approved that as neighbors, is totally inaccurate and a false statement. We, at no time,had a chance to do, talk with the property owners, or talk with the council to give a blessing to something that would be so close to our property. CHAIRMAN: Thank you. Sir? MR. BOSSEN: Is there a picture showing the, CHAIRMAN: Yes,right here. MR. BOSSEN: From the time that I,previously, that you received the last meeting. From the point where you see on this picture, where these evergreens are, it would be another row of 9 feet each, doubling up this row here. And then, at the point where it ends, would be approximately 25 to 15 foot barrier. Then the line would continue on up to the point, almost to the end of the neighbor's house. Far enough, so that when you are in the pool area, you would not be able to see people in the pool. You would not be able to see the neighbors. So this view would not be there. This view would have all these trees in this location. The retaining wall would not be shown, you couldn't see that. You wouldn't be able to see anything. Unless you were peeking through the bushes look at the neighbor's property. CHAIRMAN: Any questions for this gentleman?You must pose the questions to the Board sir. MR. BOSSEN: Let me address that. At the point that I was contracted to design the planting plan, the only issue that was posed to me was to screen the neighbors to the southwest. Upon hearing the concerns of the other neighbors, I would be most definitely planting upon the eastern side of the property, similarly, to screen out noise, sight, anything that would be a problem on that side. At the point when I drew this, it was not a concern; it was not addressed to me. But it will be when the design is planted; there will be plantings on that side of the property. CHAIRMAN: Thank you. Any questions of this gentleman? Just a minute, Diane. Any questions of this gentleman, ladies and gentlemen? Okay. Miss Ravitch. MISS RAVITCH: Thank you, I appreciate the opportunity, I am Diane Ravitch, to speak to a point that Mr. Cuddy made. He said that we did not complain about the noise. I think the record is very clear, that we were very concerned about the noise. I have to Page 19 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD submit that I am a professional writer. I have published seventeen books. I have a book that came out in September. I am writing another book now. I work in Southold. My office overlooks the area where the pool will go. I will be at eye level with the people walking around the deck. I am very concerned. We moved here,because we wanted to retire here and I wanted to write here. I thought this would be an extremely quiet, tranquil environment. I did anticipate that I would be eye level with a deck, a patio and a swimming pool and a hot tub. I respect their right to use their property. But I would suggest, if you look at their map that has been submitted, there are other places they can put a pool. But, I am very, very concerned about the noise. I am sure it will be intrusive. And I thought, that technically, the noise expert was dubious to me;because I have a location. My location will be turned up, literally, 12 feet from, well we're 6 feet from the property line)unfortunately, there's nothing we can do about that. Thank you. CHAIRMAN: Yes, last, quick comment. UNKNOWN GENTLEMAN: Could I just say something,because my testimony was brought up? CHAIRMAN: Okay MR. PENESIS: Dan Penesis, I testified last time. I understand that Miss Ravitch is a writer. I don't know what it means that, it's dubious, what I said. The allegations that were made by Mr. Petrulli, "regarding the activity of the water and the bowl of sound energy rolling down the hill." I would be glad to repeat that. The activity that is going to take place there, in the pool, is, frankly, no different than kids playing ball or people having a party. That's what I said. CHAIRMAN: Thank you. Sir. Quickly,please. JOHN MALLADY: I'm John Mallady,just, very quickly. One or two comments to Mr. Cuddy, was that maybe a moving target is hard to find. I was here the first night of the first hearing, and I said basically what I said tonight. We're concerned about the bluff, we're concerned about slide, and we're concerned about erosion. Now, if he didn't remember that-- CHAIRMAN: Please, mister—sir. There is no theatrics here. . JOHN MALLADY: I'm sorry. Mr. Chairman I apologize. #2 Mr. Cuddy made a comment that he felt, that while they tried to work out some sort of a compromise here. Now he's to the point where he thinks that no matter what his client wanted to do, it was going to be, that with no. I would agree with that 155% from my perspective. Because, if he wants to do anything that's going to invade that bluff; I would say, I'm against it. I'm sorry, I'm against it. I don't care who was building it or what it was, or what it was going to look like. I also take a little bit of a front; I've been described, as "he's a football field away, who cares". I care. Thank you, sir. • Page 20 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: We want to thank everybody. This has been a very extensive hearing. MEMBER TORTORA: Your written reasons why no other alternative is acceptable? CHAIRMAN: You will give those reasons to council, at the time that you submit them to us, to Counsel, once you receive them, Sir,you can have five business days to respond to them. Please send your response to Mr. Cuddy. MR. CIARELLI: Of course. CHAIRMAN: So we will close this hearing to no further testimony. We will officially close it on May 3rd MEMBER TORTORA: Thank you all very much. End of Hearing. CHAIRMAN: We realize you're all here; we just have been sitting here since about 6:15. We're just going to take about a three-minute recess and, we'll be right back. 8:30 p.m. CHAIRMAN: Motion MEMBER TORTORA: I'll second it. CHAIRMAN: All in favor, Aye(all) 8:40 p.m. Appl. No. DORIS ANDERSON (owner) and JOHN HURTADO. Applicants request variances under Article XXIII, Section 100-239.4A.1,based on the Building Department's December 20, 2000 Notice of Disapproval. Applicants propose a new dwelling with setbacks at less than 100 feet from the top of the bluff, less than 30 feet from combined side yard setbacks, and less than 40 feet from the front property line. Location: 3400 Lighthouse Road, Southold; 1000-50-2-2. CHAIRMAN: We are to review the letter from the Soil and Water Conservation, which I believe I mentioned tonight at the prior hearing. BOARD SECRETARY KOWALSKI: You're going to recess that with a date? CHAIRMAN: Yes, recess it to June. BOARD SECRETARY KOWALSKI: You have to give a date. May 31st you were going to... • APPEALS BOARD MEMBERS Southold Town Hall Derard P. Goehringer, Chairman isr*0 �Gy 53095 Main Road James Dinizio,Jr. ; o d I P.O. Box 1179 Lydia A. Tortora ci3117 ` Southold,New York 11971-0959 Lora S. Collins �� �� ZBA Fax(631)765-9064 George Horning %=-_,45.,/ 4,011.11Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 7, 2001 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 7, 2001 commencing at 6:25 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Paula Quintieri, Secretary 6:25 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Conditional Approval: Appl. No. 4948— George L. Penny, Inc. Approved as applied for: Appl. 4924—John M. John Brief Discussion: Appl. 4837 - Harry Cashy and Maria Misthos Cashy. The Chairman stated that this will be carried to end of tonight's meeting. Also, possible Special Meeting June 20, 2001 if not • addressed tonight. Appl. No. 4909 — McNamara/Mueller. No decision at this time. (Possible Special Meeting June 20, 2001.) (See end of Minutes for action taken at this meeting.) Page 1.0 —Minutes ^ T'1e1/'ting tGeld June 7,2001 Southold;town Board of Appeals Conditional Approval: f Appl. No. 4954—Gene Walker Appl. No. 4959— Dennis and Desiree O'Clair Appl. No. 4866— Norma Miller Appl. No. 4906—V. and R. Lynch Approved as applied for: Appl. No. 4956 — Robert and Kathleen Lawrence Appl. No. 4953— Henry L. Ferguson Museum, Inc. Appl. No. 4955—Anthony and Carol Mitarotondo Appl. No. 4961 — Robert and Patricia Winchester Appl. No. 4909— McNamara/Mueller— Reversed B.P. Denied: Appl. No. 4837 — Harry Cashy AGENDA ITEM V: RESOLUTIONS/UPDATES/OTHER: A. Chairman offered motion, seconded by Member Tortora, to confirm the following applications for August 16, 2001 calendar: 1. Appl. No. 4939 —Janet Wockenfuss 2. Appl. No. 4958 —A. Marinakis 3. Appl. No. 4927— Kace LI, Inc. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was-duly adopted (5-0). B. The Chairman discussed possible correspondence in reply to Attorney Price's "inquiry" Re: prior ZBA variance adult home use and request for tourist home use. AGENDA ITEM VI: EXECUTIVE SESSION (none held). * * * Brief reviews of pending files and general discussions by Board Members followed. * * * There being no other business properly coming before the Board, at this July 16, 2001 ' Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Re: Appl. No. 4837 — Cashy Variance Determination Dear Mr. Cuddy: Please find enclosed for your records a copy of the determination received today from the Suffolk County Department of Planning. Very truly yours, Gerard P. Goehringer Chairman Enclosure J AtozU�' � COUNTY OF SUFFOLK \i "r �1 con )„1 ROBERT J GAFFNEY SUFFOLK COUNTY EXEC F-1 L' tyl'Sp{S ISLES, AICP DEPART MENT OF PLANNING DIR AOR OF PLANNING JUL t 20®1 ! July 6, 2001 Town of Southold Zoning Board of Appeals Applicant: Cashy (Harry and Maria Misthos) Municipal File No.: 4837 S.C.P.D. File No.: SD-01-01 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comment: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. The pool should be moved to the deck area to minimize encroachment within the 100 ft. bluff setback area. Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD2001\JULY\SD01-01 JUL LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TT-1 FLOOR ■ P 0 BOX 6 100 ■ (63 I) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(63 I) 853-4044 'P BOARD MEMBERS ,�,''",, - H tiff ,I'�,®��SQFf®( COG% Southold Town= 53095 Main Road Hall rard P. Goehringer,_Chairman it h� y . James Dinizio,Jr. 'i `• t ® 4 ; P.O. Box 1179 Lydia A.Tortora , ,'a Southold,New York 11971-0959 . Lora S. Collins G '',. / ZBA Fax(631)765-9064 • 4_ �"• 0- Telephone(631)765-1809 ;'Ol 4 , j George Horning -a„,� BOARD OF APPEALS TOWN OF SOUTHOLD 5, 2001 , 401 • June 2 hbr Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning , .A P. O. Box 6100 Hauppauge,'NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ' t Appl. No. —4837 Harry Cashy and,Maria Misthos Cashy Action Requested: Bluff setback variance for swimming pool and,hot-tub construction • Within 500 feet of: ( ) State or County Road I ( X) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing'or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerar. :. Goeh ger, Chairman By: /lyre, / %A..2 Enclosures / 03/15/2002 15:12 6313E95080 CHARLES R CUDDY PAGE 01!01 • ZAS T�;x , ! S rbc CHAR LES R.CUDDY ��� ATTORNEY AT LAW 445 GRIPPING AVENUE RIVE.R1-1EAD,N W YORK Ma;l;rig A.ddress: TEL: (631)369-8230 P.O.Box [547 SAX; (631)369-9080 Rivorlhe d,NY 11901 if.;`E-xriat):�srauciay_Ocarthlin,lflet J' MAR 6 5 12 i'; 10 )i March 15 , 2002 qriu vIA FAX: 765-9064 Board of Appeals Town of Southold • Main Road Southold, New York 11971 Reg Hyatt Road, Southold Cashy _ Butz/Ravitch Dear Board Members: I have received a Notice to Adjacent Property Owner for an application made by Mary Butz and Diane Ravitch to place a hot tub at their premises at the edge of the bluff. The Board should be aware of this new development, since this is an application being made to the Trustees by the very people who strenuously opposed a hot tub and swimming pool at the adjoining premises. Very truly yours, C-1444--6r. Charles R. Cuddy CRC: cg 03/18/2002 09:13 6313699080 CHARLES R CUDDY PAGE 02/03 Mar 14 0209: 41p p. 2 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES TOWN OF 'SOUTHOLD 'In the matter of •applicant: SCT S#1000- 50- Of-.24 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: ,gocJ .2),421a44 se,Q4 124 r, 7b ?4 NS'r,AJ 'l I�!k RA•ei9 • 1b 7'LNC.E W07• 71,1B ,o.ei 2. That the property which is the subject of Environmental Review-.,is located adjacent to your property and is described as follows . oZ• ota7ZZoboxD erbrme.6 111°41,t)G1 so A7vey 4 vrz- v a>/4.4/.&-- )Q, /9 * 3. That the project which is subject to Environmental Review under Chapters 32, 37 , or 97 of the Town Code is open to public comment on; /c O/a You may contact the Trustees Office at 765-1892 or inn writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal . OWNERS NAME: I1 __ ll�a'__ 1 Ovaily MAILING ADDRESS: ac' 640000 . f'l ,/oPn, `� 0241/PHONE #:_ '7l C Ig -— 7*--C' - Enc. : Copy of sketch or plan showing proposal for your convenience. `_, 3/•.ir. c' —L --i- co FENCE o 36-8 0 a 36.3 or) FOUND s 35 8!I/ 37.2 37 3 25.3 _ CONC _i1A�' m fo ENE -� .i a! 36_G ;� f OOD ON 38 - :�'O00 STIP ,34.9 u,� J ti. v` t ( - OVEPHEA _�o_ qa'LO\ 34.7' in 28 2 LP GAS ' - r• cr,_ o • IANR re C„) 1rIRc d i moo\F• N\° N Iti - EXISTING �� -_I_§� 2 STORY .al u!rto�, c, J co �� j� _� gtIOWE � 27.9' G9 rA �', ooD ( PATIO ' 4O FRAME HOUSE o,'���'�j1J1�1 ` `II ,. -a a . TI- - -- . ,,rJ 4a lf� ''I�-� IE r\�4V 4YDOG' STz?5 q •r Z fir.- " o� 1'3.5' 1€bV 1 pr ; r 60 & LA?iD'kr 73 • "Ai `O rJ '� l�3 %�j/j ADDITION 4.5 Illi _1 `t ! 1 1 r zip- j l l%J� 20.5' f� --(4:t,-,..121 (�I ')33 TI CLRBiNC :7 sC t:\ I •� • TC0.-e c•�' AL PPO•/ / iiDliAIF in ' / ` t 'NEW COVE:REO\ . 1NI PORCI-J ` r, � 4 �'� z i I= 4 :2o� O( ' i I i " . o e rG�' 0 - tivG {JITH SCG STEPS 'HOOD STEPS _ _1 {;pFL .,_ •.1. - Mal 1 DRY • m — °' FENCE FENCE M `rte''LP i 1.5 WOOD POST & lstRE FENCE '.6'S 4/ 7.34' Z cr co M c-+ en A'/0%, STEVEN BA U/i-IA T c' BONNIE BA UMA N (10 N -n 03/15/2002 15:12 6313699090 CHARLES R CUDDY PAGE 01/01 T `S CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIP ZINC AVENUE [,boh ' � RIVERHEAD,NEW YORK M,;1,ng Address: TEL: (631)369-8200 P,O.Box 154+7FAX, (631)'0-9080 1<It 1 i et Riverhead, („-E•'- aIreuct y_ arthin,h_nRiverhead,7,N,I 11901 �'iI Jj ( �1 nn 5 March 15 , 2002 Jil ' � '111 VIA PAX: 765-906 ._•-,__ Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Hyatt Road, Southold Cashy Butz/Ravitch Dear Board Members: I have received a Notice to Adjacent Property Owner for an application made by Mary Butz and Diane Ravitch to place a hot tub at their premises at the edge of the bluff„ The Board should be aware of this new development, since this is an application being made to the Trustees by the' very people who strenuously opposed a hot tub and swimming pool at the adjoining premises. Very truly yours, (2)(4.._6-f7 Charles R. Cuddy CRC:Cg APPEALS BOARD MEMBERS ��1#''V�FO( o' �S ,j'C Southold Town Hall Gerard P. Goehringer, Chairman 010 �Gy 53095 Main Road ' James Dinizio,Jr. o • P.O. Box 1179 Lydia A.Tortora >k Southold,New York 11971-0959 ar Lora S. Collins ���� ZBA Fax(631)765-9064 George Horning = ®� �^ 4:00' Telephone(631)765-1809 • BOARD OF APPEALS TOWN OF•SOUTHOLD MEMORANDUM TO: Frank A. Isler, Esq. FROM: ZBA Office DATE: October 11, 2001 SUBJECT: Cashy v. ZBA Please find enclosed an extra copy of the October 19, 2000 Hearing Transcript. This is in addition to the set transmitted previously (you may wish to have someone check the "page numbers" written on the bottom right-hand corner of the duplicate ZBA file, delivered to you (either by Jerry or Greg). We wouldn't want any part of the record to be missingq�-' Thank you. Enclosures: October 19, 2000 Hearing Transcript and Agenda -.,... • '41 , • 4' L&--t SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.0. BOX 389 HOWARD M.FINKELSTEIN RIVERHEAD, N.Y.11901-0203 PIERRE G LUNDBERG FRANCIS J.YAKABOSKI FRANK (631) 727-4100 A.ISLER REGINALD C. SMITH SUSAN ROGERS GRUN GAIR G.BETTS FAX (631) 727-4130 1926-1983 MATTHEW M.FINKELSTEIN E-MAIL sfliy@peconic.net PETER J. BACHMORE August 8 , 200�L,L. . I' \ ~7 ' ^, i i7 fry r-� Charles R. Cuddy "' 1 :;1 �i�I I 445 Griffing Avenue n, j AUG 9 2001 (;+ 1 I Riverhead, New York 11901 '0 ll) re : Cashy v. Town of Southold ZBA Index No. 01-17016 Dear Charles : Here is the stipulation we discussed. Kindly return a copy after you have executed it and the original if you want me to arrange the adjournment with the Court . Thank you for your ongoing cooperation. V: truly ® rs, / 41,ii Frank A. Isler ✓c . Gerard P. Goehringer w/ encl . • • , y - SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK x Assigned to Justice In the Matter of the Application of HARRY CASHY and MARIA MISTHOS CASHY, his wife Petitioners, For a Judgment under Article 78 of the Civil Practice Law and Rules STIPULATION in the Nature of Certiorari -against- Index No. 01-17016 GERARD P. GOEHRINGER, chairman, JAMES DINIZIO, JR. , LYDIA A. TORTORA, LORA S . COLLINGS, and GEORGE HORNING, constituting the TOWN OF SOUTHOLD BOARD OF APPEALS respondents . x The following submittal schedule is hereby stipulated and agreed among counsel for the parties herein, subject to the approval of the Court : 9/7/01 : respondents answering papers and Return 9/28/01 : petitioners ' responsive papers and memorandum of law 10/5/01 respondents ' responsive papers and memoranda of law 10/12/01 petitioners ' reply papers and reply memorandum 10/19/01 return date of proceeding (or the next motion date for the Justi easssned) . t h.(41, Pill/1;1411,-91: ItiyAri-11,/,/,',, ! Charles R. Cuddy, Esq. Smith, Finkeilstein/ Lun erg,i1, Attorneys for petitioners Isler & Yakaboski, LLP Attorneys for respondents 1 TRANSMITTAL MEMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: ?pa p/ SUBJECT: File Update With reference to the above application, please find attached the following new information added to the official ZBA office file: _cad* Comments: Number of Pages Attached: L TrMemo.doc I � 4 `t TRANSCRIPT OF ZBA HEARINGS HELD MARCH 15, 2001 Appl, No. 4837 — Application for H. CASHY and M. MISTHOS. This is a request for a Variance'ander Article XXIV, Section 100-239.4A to locate an accessory swimming pool and hot tub construction at less than 100 feet from the bluff of the Long Island Sound, at 1900 Hyatt Road, Southold; 1000-50-1-3. CHAIRMAN GERARD P. GOEHRINGER: Mr. Cuddy, it's a pleasure seeing you tonight. (Thank you for closing that door.) We are ready for you, sir. CHARLES R. CUDDY, ESQ: Good evening, Charles Cuddy for the applicants, Harry Cashy and Maria Misthos. As you know, we have been here before and I'm sure I can get a sense that you would not ben disappointed if we did not come back. But unfortunately we had to every though my clients had made a significant effort to resolve the questions that the Board has asked us to do. I earlier sent you a map or ax survey that showed that the pool, which is the subject of this application, the pool and the bluff area, had been • moved in so that now the pool was shortened but it was also more feet away from the westerly side. So that it was 48 feet from the boundary line of the property and the property inside going to the neighbor's house on the west is another 10 feet, so as it stands now the pool will be 58 feet away from their house. In addition, the applicants had retained a landscaped architect who had added additional landscaping. I will go through that with you in a few minutes, and present to you a copy of his work so that we thought by moving the hot tub, which we moved from one end to the other, moving over the pool and adding significant additional landscaping so that we would satisfy those people on the west that had objected. I thought that had resulted in some sort of resolution. It did not, so we've asked to be heard again. We have tried very much as I've indicated, to be sensitive to their concerns. I don't know why we have not succeeded — • that I have not heard. But I do have several witnesses that I would like to continue the hearing with. The first one is George Penesis. He's an engineer who is an acoustical engineer. There was some testimony at the last hearing on sound. I believe he's a sound expert and that he can testify about the sound from the pool. I would like him to come up and in the mean time I'd like to give you his C.D. or resume so that you can look at it while he's'talking. CHAIRMAN:thank you very much (Handed up copy of resume for Mr. Penesis.) GEORGE PENESIS, P.E: raised his right hand and was sworn in by the Chairman. CHAIRMAN: It's a pleasure to meet you, sir. MR. PENESIS: I guess in my introduction I'll saying I have 10 years of experience as an engineer, several of those years I have done doing school work mostly for the N.Y.S. D.O.T. I have a P.E. and actually a Master's Degree in engineering from Cooper Union. I guess the first thing I wanted to cover is the testimony that was given by John1Paciulli int • ZBA Hearing(Cashy) Meeting of March 15,2001 Mr. PENESIS, continued: to play ball, or any kind of crowd. It's an issue of behavior; it's basically one person being considerate of the other person and not screaming at the top of their lungs. You know, there's nothing magical about the pool or the water which is going to make this a noisier use than if it's just a regular yard. CHAIRMAN GOEHRINGER: The only question I have is that you did raise the issue which is rather unique regarding the issue of lapping of water because uniquely both of these pieces of property are on the water. One a little bit closer to the water than the other one is. And one having more trees before the water, which is the nature of the applicant's property that is before us here. But what's your opinion regarding the lapping of water within the pool itself during the period of time that the pool is being used, in reference to that type of activity MR. PENESIS: I think that is equally insignificant and the sound of water hitting the side of the pool, do you mean? CHAIRMAN (nodded yes): Or lapping in a' vertical position by someone swimming or by someone jumping into the pool or whatever the case might be. MR. PENESIS: My opinion is that'that's no different than in terms of the amplitude of that sound than the sound of voices, or the sound of any other activity that might go on in the yard. CHAIRMAN: When somebody does that, what happens to that sound in your particular opinion? Does the sound go up, does the sound vertically elongate? What happens. MR. PENESIS: What happens when somebody does what, slap? CHAIRMAN: Either slap, jump, physically you know jump into the pool, or swim in the pool. Something that is out of the ordinary than the normal setting of the pool, of water in the pool itself. MR. PENESIS: Well, there would be that point, wherever the person jumped into the pool would be a point source for the sound and it would spread in all directions. It would be attenuated just by geometrical spreading at the rate of six decibels per double the distance. So, by the time it was forty feet away it would be a lot quieter than it was than say, five feet away. ,Just off the top of my head I would say maybe 16 decibels at 5 feet. So at 10,feet, 57, 54 and so on. I guess I forgot to mention that there are also some trees that are already there on the western edge of the property, and they are being extended to provide visual shielding, and some significant landscaping which will do something to attenuate the noise. I can't say without analyzing it in detail. I also can't say why exactly the ambient sounds are that we're comparing to. But having been there, I feel confident - 3 - ' • ZBA Hearing(Cashy) Meetmg of March 15,2001 its level is very low. So if that's the issue, I don't think there could be anybody to satisfy somebody who says I can hear you doing that and it bugs me. CHAIRMAN: What interesting is here is that we have two pieces of property, and this particular piece we will refer to as the applicant's property, and that particular piece sits here and then the neighbor's property sits below like this, ok. And that's what intrigues me that much more is the height elevation factor. MR. PENESIS: I don't think so. I visited the site, I don't think that the height is that much of an issue. CHAIRMAN: No. But we haven't now put the structures on the property, ok. Because my the nature of this being the next door neighbor's property to the west, it is the ability of their structure, their dwelling, as is a 2-1/2 story house, and that particular line of that dwelling as it pertains to this particular piece of property — and that's the reason why the testing is somewhat intriguing to me. MR. PENESIS: You're saying there's sort of a shorter path between the two things because of there's a difference in elevation. CHAIRMAN: Because the difference in elevation and the fact that the second floor of their house is actually closer and almost a direct line across the lot to the construction of this accessory structure that this applicant is requesting us grant, truly on an area variance aspect, ok. And that very simply is something that goes back to my childhood and that is the setting off of. a fire cracker in a wood pile, which was high enough to have the acoustics zero in on one of my ears when the fire cracker went of And very simply • made me deaf for about two weeks. MR. PENESIS: You're saying there was some concentration of the sound. CHAIRMAN: Yes. MR. PENESIS: In this case, the elevation distance is small compared to the distance between the two properties. What you effectively have is like a high ( ) and so long which the sound is traveling is close to a.direct distance, and the difference in the path lengths is not that great but I am willing to entertain what you are saying and that certainly can be incorporated as part of an effort to quantify the sound. But to date we had these claims and my response. CHAIRMAN: I can't see any other way of doing it except through a test, the objectivity of which has to be dealt with on the basis of a professional person as yourself, as you are. MR. PENESIS: I think you would have to agree on the terms of how do you interpret the data, how to take the data, it's not just take the data. There's going to be second guessing with that as well. But I would be happy to submit a protocol for doing it and so forth. 6 t ZBA Hearing(Cashy) Meeting of March 15,2001 MR. CUDDY. Based on the request of the Board in the last hearing which was quite awhile ago, we made an effort, through myself and Mr. Tohill, to come up with a plan that might be acceptable as far as landscaping, and obtained landscape people to do that, and I would like Derek Bossen to testify concerning the plan —that I'll hand you — which extends the existing foliage and adds a fair amount to it at the corner, which is closer to the objectants' house. CHAIRMAN: thank you. Mr. Bossen, would you raise your right hand? Do you solemnly swear that the information you are about to give us is the truth to the best of your knowledge? MR. DEREK BOSSEN: (Raised right hand and responded yes.) CHAIRMAN: what would you like to tell us? MR. BOSSEN: As per the request of the Cashys and Mr.Cuddy, I just designed an extension of the existing plantings that were already on the property. There's, as you see on the plan, there's an existing Leyland screen up to about where the end of the proposed retaining wall would be. The darker area just behind, just below that as you are looking at the plan, there's a new screen of Leyland Cypress down to about almost to the Sound edge of the nearest property, and then I wrapped it around to further thicken up that hedge and to block any visual contacts or if he had thick evergreen screen of the neighbors property — especially of that first floor. The first floor. Behind that initial screen I put another barrier of evergreen shrubs which were the Inkberries. And then in front it was more decorative ornamental plantings that would benefit the Homeowners and also provide screening to the neighbor's property. There's also, you see the dark line above it, that's the existing tree line. That's where the canopy is, as you stand at the 30 feet from the deck, as you look up there's the canopy of the existing tree line. Now the trunks of those trees are back about another 20 feet, 15 feet depending on the tree. There's a lot of shrub, underbrush in there that's existing. And you know, that's about all I have. Any questions? • CHAIRMVIAN: What is the total maximum height of the shrubs that you are proposing? MR. BOSSEN: Maximum height installed? CHAIRMAN: Installed. MR. BOSSEN: Six to eight feet. CHAIRMAN: And what is their maximum groth potential? MR. BOSSEN: Their maximum growth potential is, on Long Island, would be about 50 to 60 feet at their oldest. They can even be sheared to be maintained at a lower level. CHAIRMAN: So they could get as high as a poplar tree. ZBA Hearing(Cashy) - Meeting of March 15,2001 Affidavit he does not find that it has an adverse effect, so I'd like to make that part of the record. CHAIRMAN: You are referring to the neighbor's swimming pool — I mean, to the neighbor's property? MR. CUDDY: I am talking about the fact that a swimming pool that is on this property, the Cashy property, and that it would not have an adverse effect upon the property to the west. CHAIRMAN: Thank you. (Mr. Cuddy handed up additional information to the Chairman.) MR. CUDDY: Mr. Cashy and Mrs. Misthos are very anxious to conclude the hearings. They would have liked to be hear tonight but could not be hear tonight. They have nevertheless asked that we go ahead with the hearing, and I asked Mr. Cashy to supply us with an Affidavit regarding his use of the pool and also hand that up, and at the same time so I don't glare to you with trips, I will hand up a short memorandum that I have prepared really in response to the questions that were raised in the earlier memorandum, having to do with practical difficulties, the balancing test and so on. So I'll give you both of those, if I may. And then we'll conclude. (Mr. Cuddy handed up additional information with enough copies for all Members.) CHAIRMAN: Mr. Cuddy, the question is, have you discussed anything with present counsel on the other side? MR. CUDDY: No, I have not had an opportunity to do that. I was hoping that the communications with the prior counsel would have carried over — I had given him so the Board is aware, the plans that you had before you for landscaping, had given him the new revised survey, had discussed with him on a couple of occasions what we were doing, what we proposed to do, where we were putting the hot tub, how the pool was moved over, and I thought we were going in a different direction, but I have not discussed it further as you asked. CHAIRMAN: I guess the question is between now and the next hearings that we intend to schedule this for, do you intent to discuss this with counsel? MR: CUDDY: I would be pleased to discuss it with them. I believe they have the file. I have no problem discussing it with them whatsoever. Hopefully we were all on the same track and I would hope that we would get there again. Thank you. CHAIRMAN: Ok, in an attempt to wrap up this evening, I certainly don't want not to return to the opposite side, and I just ask those persons who would like to speak that they — that counsel has just taken 35 minutes, but there will be a final hearing because in all ZBA Hearing(Cashy) Meeting of March 15,2001 BOARD SECRETARY: Do you want to make it for approximately 6:30 p.m.? CHAIRMAN: 7:00 P.M. April 19th is another special meeting for us, so we will have, we would conclude this public hearing at that time, and that's all I can say at this point. I thank you very much for your courtesy and safe home. Motion seconded by Member Tortora, and duly carried. See Minutes. * * * _, / 1 --- Page 8 - July 6, 2000 Transcripts of Hearings Board of Appeals 6:51 P.M. - Appl. No. 4837 - HARRY CASHY & MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold. Parcel 1000- 50-1-3. CHAIRMAN GOEHRINGER: Mr. Cuddy, can I have the Affidavit of Posting. • (Affidavit handed up). How are you tonight Sir. CHARLES R. CUDDY, ESQ.: Fine, thank you. CHAIRMAN GOEHRINGER: You might just as well stay right up there, we're ready to go. Any time your ready, Mr. Cuddy. MR. CUDDY: I'm Charles Cuddy. I represent the applicants who have property at Hyatt Road, in Southold. This is an application to permit to go into the bluff area 26 feet from the top of the bluff line. The purpose of that is to build a pool. The pool is to have surrounded a brick patio area at the ground level. The patio will be in sand. It will not be in.concrete. So there won't be anything affected seriously by it. The pool as shown on the survey is a pool that in dimension is 40 x 20 x 18 feet. The patio area itself is 70 feet across, 30 feet deep. This house was built at the site that it's on because the location was dictated by the Health Department. The applicant could not go forward of the line that he is on. That is, could not go closer to the street because the well and cesspool • constraints dictated by the Health Department put his house right where it is. Mr. Ingegno is here, who is the surveyor, and can also indicate to you but I am stating it to you on behalf of the applicant, that his house is there because that was where he had to put his house. What we're asking the Board for is essentially a 26 foot variance to permit that patio area and the pool to go into the bluff area. We're aware of concerns that have been expressed about drainage. I'm aware of the Suffolk County Soil & Water Conservation statement. We have delivered today and I believe as part of the record Mr. Chairman, a statement from Cronin & Cronin Engineers indicating, that they're satisfied that we can place sufficient drainage at this site, sufficient capacity drainage rings so that there won't be any run-off that will adversely effect any of the neighbors. We believe that this is an appropriate application. Certainly having a swimming pool along this area is not an unusual amenity to a house. It's an amenity that a lot of people have. Unfortunately, because of the location we have to somewhat into the bluff area. But our engineers have indicated and think the County confirms it. that this does not destabilize the bluff. The main Page 9 - July 6, 2000 Transcripts of Hearings Board of Appeals concern is with drainage. We would say to you two things. That one, we will have an engineer certify that the run-off will be contained on our site, and we will produce that at the end of our construction so that part of getting the C.O. will be that we will produce for you an engineer's certification, that there will be no run- off that cannot be contained on our site, and that we have sufficient drywells to contain that. We also note there was some concern about the fence going into the foliage area. We will move the fence back if the Board desires so that it does not cut into that area. For those of you who have been here, this is a long walk down the steps but this is a well-vegetated area. This is not a bluff that's in any destabilization. I would think at this point, that what the applicant is saying to you is that he recognizes that he is asking for a variance. The variance is not a significant variance but it is a variance going to the bluff area. It does not cause destabilization. But we are aware of drainage concerns, and we will take care of all of those concerns. I'd be pleased if the Board has any questions. And to let you know that the Cashys are here. As I said, Mr. Ingegno is here and we are as I said, willing to produce a certificate from our engineer that we have taken care of the drainage concern. CHAIRMAN GOEHRINGER: Two quick things. The pool itself would not be linked to the house in any way, is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: Because we have a brick patio laid in sand which there is no way to anchor that to the house. Number 2, I think we've gotten to the point when we deal with these applications that we are significantly going to be discussing gunite pools as opposed to liner pools. Is this a gunite pool? MR. CASHY: That it is. MR. CUDDY: I believe it is. Mr. Cashy says yes. CHAIRMAN GOEHRINGER: And I'm saying that in general. I'm making a generalization because of fragile nature of the top of the bluff. Basically, a gunite pool is even more substantial than the foundation that the house is sitting on. MR. CUDDY: The answer to that is, that it will be a gunite pool. Page 10 - July 6, 2000 Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: At that juncture, this pool is never anticipated to be enclosed. Is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: We'll start with Mr. Dinizio. Any questions Sir? MEMBER DINIZIO: Well, it looks to me like according to these contour lines, that you can start at about 50 foot contour, and go down to 42? (Adjusted microphones at this point.) MR. CUDDY: Yes. MEMBER DINIZIO: How does that, how is that going to be built? Are you building it up, or are you digging into - MR. CUDDY: On the east side we'd be digging in. The grade would come out of the middle, and we go down on the east side and try to maintain the grade as we go along to the west side. — MEMBER DINIZIO: So you'll probably build it up where the hot tub is, and lower it? MR. CUDDY: Yes. MEMBER DINIZIO: So, what are you putting you know, on that side of the-, what's going to hold that pool and the sand and all of that on the - MR. CUDDY: There's going to be a retaining area that's going to built along the edge of it, so that that will be behind it. MEMBER DINIZIO: Is that wooden or concrete? MR. CUDDY: Yes, it should be wooden. It shows it on here but that's what it is. MEMBER DINIZIO: So, your drainage and that, how are you going to attack the drainage? MR. CUDDY: The drainage will be, two piped then will be off to the side, so it'll be the low point of trying to catch which is coming to that little point of the right because it goes across approximately 10 to 12 feet as it goes across the lot. " Page 11 - July 6, 2000 Transcripts of Hearings Board of Appeals MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: I think I'll pass for now, Mr. Chairman. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: I'll reserve,my comments. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: I won't ask any questions at this time. CHAIRMAN GOEHRINGER: OK. So, I guess what we'll see is what we'll develop throughout the hearing. As you know, we have a request to hold this hearing over until the next regularly scheduled,meeting, and we'll deal with that aspect at the end of the hearing. MR. CUDDY: Thank you. CHAIRMAN GOEHRINGER: Is there anybody would like to 'speak in favor? Does the Board have any questions of Mr. Ingegno? Mr. Ingegno has become a renowned surveyor in this area, and I see him on all kinds of stuff. Any questions of'Mr. Ingegno while he's here? I guess not. We thank you for coming. Anybody else like to speak in favor of this application? Anybody like to speak against the application? Yes, Ma'am. Would you state your name for the record. MS. BUTZ: Yes, Sir. My name is Mary Butz, and I am one of the owners of 2022 Hyatt Road which is right next door. CHAIRMAN GOEHRINGER: Standing on the street, is it on the left or the right? MS. BUTZ: On the west. CHAIRMAN GOEHRINGER: On the west side. MS. BUTZ: I'm on the right. I'm going down the road. CHAIRMAN GOEHRINGER: You're going down the road more towards - BOARD SECRETARY KOWALSKI: It's on the left though. - Page 12 - July 6, 2000 . Transcripts of Hearings Board of Appeals F MS. BUTZ: More towards Kenny Beach. I'm from Brooklyn. East, west, these are difficult issues. CHAIRMAN GOEHRINGER: I'm sorry. MS. BUTZ: Alright. CHAIRMAN GOEHRINGER: I didn't mean to confuse you. MS. BUTZ: OK, anything of that nature can. I first became aware of this on, think it was Thursday evening that this was going on. Apparently the registered letters were sent to the previous owner as opposed to us:. And I wrote a handwritten letter which nobody does today. Everybody does computers so you can tell how distressed I was. A handwritten letter, and presented it to your office on Friday, in the hope of having this be a continuance. Continuance which is what I believe it is called, and the very little time that I've had between • then and now, since it's Independence weekend, I mean you try and getting somebody. The very little time I've had between then and now has led me to believe that a very minor investigation that I've done, has led me to believe, that this will be harmful, very, very harmful to the property that I own. The drainage issue is an issue of tremendous concern to me. The inquiries I've made of the people who have lived in the area, neighbors, people who have been there, and the previous owner, all, everyone has told the same tale, and that tale is, when this house was built that that property formerly the Lowell property suffered enormously. The lawn was flooded, the basement was flooded and the path going down to the beach was flooded as well. They're terrific drainage issues. I'm in the process of trying to find out who to hire about this and where to go about this. But that taken aside, my novice not knowing east, west, north, south, left or right. My novice analysis of this is, that I am firmly opposed to it for several reasons. (1) certainly my own holdings; (2) the impact it will have on the bluff. I invested my life savings, and this is my primary residence in that. piece of property because it was beautiful and I want it to remain so and I cannot be clearer about this. And it's uncomfortable because these folks are nice neighbors and this is an uncomfortable kind of place to be but I cannot be silent and I know there are several others who - CHAIRMAN GOEHRINGER: Can I share something with you apart from the drainage issue and I brought this up before and I don't mean to be redundant with this Board, but it's very important that we do so. This Board took over a series of three meetings. A pool issue in Mattituck with a bluff that's higher than yours, that's not a sarcastic statement, OK. It's equally as beautiful as yours and the applicants. However, much more frail in reference to the foliation of the bluff " Page 13 - July 6, 2000 Transcripts of Hearings Board of Appeals I and the stability of the bluff. And they brought in engineers and again, this has nothing to do with the main issue. I think that one of the main issues that your concerned about is the issue of drainage at this point. They brought in engineers and there was an engineering study done that the weight of the pool with the water in it was actually lighter than compacted soil as rain water hits it and compacts it down on the property. And we found that to be a very interesting aspect in dealing with these particular applications. So the Board very simply does one thing. The first thing we do is we contact Soil & Water Conservation. I don't know if you get a copy of that report. MS. BUTZ: Yes, I got it, I was able to get a copy today. CHAIRMAN GOEHRINGER: We don't construe;that to be law, but we are very happy, that there is an agency out there that assists us in looking at these applications. Number 2, based upon my conversation with counsel, we make sure that these accessory structures are never linked to the house. Number 3, you heard me say, that we are concerned about the pool and its stability and that is, is it a gunite pool and we are with the understanding that it is a gunite pool. Number 4, the drainage issue because pools occasionally, the pool filter has to be reversed and sometimes the pool itself overflows based upon water or whatever the case might be. And these are all issues that concern us apart from the other main •drainage issue that you're concerned about, which you're investigating. I am not speaking for this Board. I'm speaking as an individual. I've been here a long time. I'm not saying that I'm a well-versed person in pools on bluffs. We do grant a substantial amount. Most of them we push them back a little bit farther. We shrink the pool a little bit and we go back and look at it when they're done and they really have very little environmental hazard once they're completed and they go through our review. And I have no objection in giving you the time to evaluate this drainage issue. But what I need to do, is make an appointment with you on a Saturday and go over and look at your property because I want to see your concern from a grass roots point of view. I'm not going to discuss that concern with you at that point. I'm just very simply there to see how your concern basically lines up with everything that we are discussing here and in no way am I second guessing your concern. These are very valuable pieces of property. These are extremely probably the nicest pieces of property in all of Southold on the Sound. What's the date of our next meeting? BOARD SECRETARY KOWALSKI: August 10th. CHAIRMAN GOEHRINGER: August 10th. What's the weekend before that? That is Thursday, somewhere around the - Page 14 - July 6, 2000 Transcripts of Hearings Board of Appeals MEMBER COLLINS: 5th. CHAIRMAN GOEHRINGER: 5th, OK, alright. MS. BUTZ: 5th of August? There are several people who wish to speak as well. CHAIRMAN GOEHRINGER: Yes, I know. I think what I'll do is, if you will just leave us your name and telephone number and I'm not positive I'm going to be here on August 5th, but I'll be here the weekend before that, which is seven days prior, which is the end of July. So, if I could meet you out here and you know, just take a look at the entire area because that concerns me deeply. MS. BUTZ: I'll have to check my business schedule. I travel quite a bit, so I'll have to find out. I even stated that in the letter as well. So this just hit me like a bolt of lighting. CHAIRMAN GOEHRINGER: I understand. MS. BUTZ: And there are several others who wish to speak. CHAIRMAN GOEHRINGER: Surely, we'll continue. Thank you. MEMBER DINIZIO: Can I ask a question. CHAIRMAN GOEHRINGER: Oh, wait, Mr. Dinizio has a question of you Ma'am. MEMBER DINIZIO: You mentioned about when they built the house. You said, _ it caused problems on a piece of property that you currently own? MS. BUTZ: Correct, yeah. MEMBER DINIZIO: Has that been corrected MS. BUTZ: To my knowledge yes. For the current disposition of the house believe yes. MEMBER DINIZIO: I mean do you live there now? MS. BUTZ: Yep. MEMBER DINIZIO: So you have no complaints about what happens now when it rains with the house there? Page 15 - July 6, 2000 Transcripts of Hearings Board of Appeals MS. BUTZ: No, not yet. I've only lived there since September 19th. MEMBER DINIZIO: OK, no, no, no, I understand that but what I'm looking at here is, do we know what they did to correct that problem,'or was it just - MS. BUTZ: That we have to do some investigation on. It would only be hearsay at this point. MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Good evening Ma'am. MS. RAVITCH: Good evening. My name is Diane Ravitch. I am: co-owner of 2022 Hyatt Road. I was recently appointed a Member of the Southold Landmark Preservation Commission and our house is not yet a landmark. Yet, it may soon be because it's a original part of the Marshall Estate which was moved from about a mile east of where we are now. I'm very unhappy about having to be at the hearing because I think the Cashys are lovely people, and very fine neighbors, and it's a very uncomfortable position for neighbors to be in, so would wish that this were not taking place. But my concern was, first of all we ® didn't receive notice. I received a registered notice, a registered letter yesterday giving me in effect 24 hours notice. Now the Clerk of this Commission knows that I stopped by Friday, because I heard from neighbors, that there was going to be a hearing and I don't think, that is an appropriate way for a next door neighbor to find out about it, and there was some confusion about why the letter was sent to the previous owner because we've owned this property since September, and we do get tax bills. They haven't missed us once on getting reassessed and so forth. My concern in addition to not getting notice, and not having time to investigate this is that there is a very different pitch in the property between one that's under consideration and our as an next door neighbors. • Their highest point at the eastern end of their property is 54 feet high. Their lowest point I believe is 40 feet. So, they have a 14 foot pitch on their property, rolling down to ours, and our then drops then to about 35 feet. So, it's almost a 20 foot drop and we saw an architect today who said, your property is a catchment basement for the property next door. So, our drainage concerns are very serious concerns. We're very concerned, that this could have an impact on what is a historic house which is 100 years old, and we feel that our property is very much aggress from the kinds of changes that are being proposed and there would have to be very extensive preparations made to assure us, that our house will not be flooded as it was before, and we learned only today, the full extent of the damage which was that the lawn had to be replaced, the driveway was damaged, the whole area was under water as a result of the* work under • Page 16 - July 6, 2000 Transcripts of Hearings Board of Appeals construction. So, needless to say, this is not just an esthetic issue, it's a very serious structure concern for us. Thank you very much. CHAIRMAN GOEHRINGER; Thank you. MEMBER COLLINS: Mr. Chairman? CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: Before this lady sits down. MRS. RAVITCH: Yes. MEMBER COLLINS: I'm sorry, I just want to get clear in my head, which property is yours. MS. RAVITCH: 2022 Hyatt Road. MEMBER COLLINS: I'm sorry. MS. RAVITCH: I'm sorry, it's the property directly to the west of the Cashy — property. MEMBER COLLINS: Oh, that's formerly Lowell? MS. RAVITCH: The former Lowell property. MEMBER COLLINS: I'm sorry, I thought formerly Lowell was Ms. Butz's property. MS. RAVITCH: No, we're co-owners of this property. MEMBER COLLINS: Oh, thank you. The same property. MS. RAVITCH: Thank you. CHAIRMAN GOEHRINGER: Next person. Yes Ma'am. How are you tonight? MS. JUDGE: I'm Diane Judge along with Peggy Hadley. I own a house adjacent to the capping of this house, just above the Butz-Ravitch house, on half the lot. I'm not against swimming pools. I wish I could afford one what with the jelly fish. But I'm here to voice objections to the consideration of variance. To use 26 illegal feet of dunes for the purpose of building a swimming pool, hot tub and Page 17 - July 6, 2000 Transcripts of Hearings Board of Appeals brick terracing, into the precious dunes on the Southold inlet. The point is, that between Horton's light and Kenny Lane, there are some 20 houses maybe. I don't know, I've never counted them. Most of them cannot be seen from the magnificent beach along the sound. What happens if the Town of Southold allows its law against encroachment on the beach to be bent this one time? Why Mr. & Mrs. Toedter, the people who live on the eastern side of Misthos's house, will be on the phone next year themselves asking for a similar swimming pool, and how about Jack LeLane, he'll be there next, and probably even Diane Ravitch and Mary Butz will start thinking about putting in a swimming pool. mean Liz'Worths, Otto Lindermayer, Rayne Norman, the Lesters, the people who own Zone Bluff. I noticed last week they're surveying the only empty lot on this road. Obviously it's for sale. Once you see a beautiful swimming pool right on the dunes you have the right:to expect that you can do the very same thing yourself. Certainly, someone new will see that and want. We are being ask to give 26 feet of dune. That's one-fourth of the illegally forbidden zone. They can't do it all from one side. Bulldozers, backhoes, cement throwers,-they have to go around. They have to cut into this dune no matter what anybody says. It's not possible to do it in any other way. To grant this variance would be opening too many steps to too many diving boards. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally configures to the run- off. Much of the woodsy sites on the hill have been converted to lawns, and in some case nothing but muddy driveways to accommodate the trucks. I'm sorry, I'm out of whack here. I left out a paragraph. Let me back-up a second. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally contributes to the run-off. Much of the woodsy sites on the hill have been converted to lawns, and in some cases, nothing but muddy driveways. East of this location, just such a driveway and drain pipe, and I do think they put in a drivewell to take off the runway after they built the house. And I personally saw the damage that was done to the Lowell's basement, and to their lawn which the people had to reseed at least three times in the course of one summer. Plus the Lowells had to put a tar strip on the bottom of their driveway and a cement thing guiding the water down because there is a right-of- way, where seven or eight houses use of this path to the beach which was once a for road runners. It's the only natural cut in this point of the island, and this is only going to add further to the erosion of, that beach. If you go down there today, you will see half of the sand and dirt from the Lowells, abuts Ravitch's property out on the dunes. Just to-the east there's a house that has a similar drain pipe whether it's legal or illegal I don't know but they have a driveway and a drain pipe leading out to the dunes, and last year at least 35 feet of dune fell into the sea. All of these enormous big black pine trees, you can still see their trunks as you're sitting on the beach. They lost their steps. They lost everything. And my concern really is not as I say about swimming pools. I think the people are lovely people. I don't object to anything they're doing except the Page 18 - July 6, 2000 Transcripts of Hearings Board of Appeals ) law. The laws must be fair and sound to begin with. You all made them. assume Southold fathers who go to Zoning Law deemed it to be fair and correct. It would be unfair, and incorrect to everyone on Hyatt Drive. Everyone who uses the public beach, and all of natures creatures who depend on this habitat of what. was and could still be the bucolic North Fork. I cannot see again you bend the law this time, you're going to be bending it 14 or 15 times in the next few years and that was my objection. Thank you. CHAIRMAN GOEHRINGER: Thank you. Next person. Good evening Sir. MR. MULLADY: Good evening. My name is John Mullady of. My wife and I own a parcel of property. Five parcels to the east of town property in question. Again, I'm not here to discuss swimming pools, except one correction that the gentleman who was talking earlier said there are numbers of swimming pool up there. There are about 36 home sites in the area ( ) an extension. As far as my knowledge there are two pools. So, I mean, a number of, yeah, two is a number. All I wanted to say merely was that a ruling of 100 feet, I don't think that was pulled out of the air by somebody who said, that's a nice number. 26 feet is a quarter of it. To take the quarter of this piece of wood which is if it were solid to the floor, take a quarter of it off, and cut out what's holding it by at least 14 feet on one end, and maybe 8 on the other end, you've got a tremendous whole line made here. That's going to be petitioned or supported by ( ). Will it work? Well, there's one way you can find out is to do it. However, I would just like to mention, that the property directly contiguous to ours, on the east, two years ago, one Saturday night, the entire top of the bluff and vegetation disappeared, and the gentleman who owns the property was away, came back that night, Saturday night, got up Sunday morning and looked out and said, what's different out there? What's different out there was that it was all gone. Why did it all go because he was building? No, he wasn't building, there were no machines back there. He wasn't digging anything. The house has been there probably for 15-17 years. There's been nothing changed there except this thing went one day. Why did it go? I have no idea. I asked Mother Nature but she hasn't you know, E-Mailed me back yet. These things happen. Unfortunately, they happen. I'm next door. I lost some bluff. I'm concerned about all of the bluff. If you go from the Lighthouse at Horton's Point, east or west, you will see where it's eroded, and I know you people have all seen that. Peconic Shores, part of it, is a disaster. We have some vegetation on the bluff? Yes, sure. The property next door to me was highly vegetated. Overnight it wasn't. He wasn't putting in a swimming pool. I'm not saying that would make it happen or not happen. But it seems to me, you're going to cut out that big a piece of property, and that much of a retaining a natural retaining behind it, something is going to change there. I would prefer not to see it change that way. It seems to me, that the rules are the rules, and breaking them or bending them, for something of this Page 19 - July 6, 2000 Transcripts of Hearings Board of Appeals nature, I think is poor establishment. Terrible precedent that a lot of people here today, or tomorrow might regret. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Yes Ma'am. MRS. TOEDTER: I'm Mrs. Toedter. I'm on the other side of the property. I did send a letter. Did you enter that into the file? CHAIRMAN GOEHRINGER: I believe we did. MRS. TOEDTER: The letter? CHAIRMAN GOEHRINGER: I believe we did. MRS. TOEDTER: OK, but one point that no-one else seems to make is, we own our pumps and wells are in the back and the cesspools are in the front, naturally we had to do it that way. If anything happens when they put in the cesspools with all the septic systems and everything, I don't know that what do you do with your, if they disrupt wants going on there? I think there's a lot of big problems ) that could go on up there. • CHAIRMAN GOEHRINGER: We would hope there's no disruption. MRS. TOEDTER: We would all hope. CHAIRMAN GOEHRINGER: When you say in the back. You're saying the cesspools are in the front of the house, or in the back of the house? MEMBER COLLINS: Roadside. MRS. TOEDTER: It depends on what you're calling the front. MEMBER COLLINS: Roadside. CHAIRMAN GOEHRINGER: You're on the roadside. MRS. TOEDTER: Actually on the dirt roadside and the cesspools - CHAIRMAN GOEHRINGER: Let me just say one thing, OK? The third lady that spoke tonight concerned herself about heavy machinery. We've gotten this thing down to the point, when I say thing in general, I'm making a generic statement. We allow one backhoe, alright. One small to medium size backhoe in the construction of these pools. I don't care if it costs the man 20 or the lady ' Page 20 - July 6, 2000 Transcripts of Hearings Board of Appeals ,,--�, I $25,000 to pump the cement in over the top of their house with a cement pump. But there is no heavy equipment allowed in the construction of any swimming pool in the Town of Southold, on a bluff, on a dune, at this particular time, if it's �-: granted by this Board. That is clearly stated within these decisions, and we have started this process also. I am not orchestrating. I am not pushing for the swimming pool in any way, manner or form. I'm just telling you, that we are trying to take every possible precaution. That is - MRS. TOEDTER: The weight of the cement and the weight of the water? CHAIRMAN GOEHRINGER: Everything is taken into consideration. We are not an environmental group. But I assure you, if it requires triple layering of some type of barrier when it's being.constructed. I'm talking about straw or hay or anything. The least amount of defoliation of the grassed area when it's being constructed, so on and so forth. These are very important factors for us to concern ourselves with in the construction of these pools. Again, I'm not orchestrating this application. I am not trying to push for. I'm just telling you, that _ these are things that we do. When the swimming pool is done, we go back and look at it. (change tape) between the houses to the west, and that concerns me, _ and that's the reason why I want to look at them. I want to look at this Valley issue that's in between. I'm not an engineer but I want to look at it anyway. I've been doing this for 20 years, and I want to see what these ladies are talking about. MRS. TOEDTER: Is there a cesspool right there where they want to put the pool? CHAIRMAN GOEHRINGER: No. MRS. TOEDTER: There's a pipe. I guess that's the drain. CHAIRMAN GOEHRINGER: I have no knowledge of any cesspool. The cesspool is in front of the house. MRS. TOEDTER: OK. CHAIRMAN GOEHRINGER: So let us do our job. You know we're going to ' carry this on to the next hearing and I will look at that in between the two hearings. I think this lady in back had a question there but we'll wait until you sit down. So, we'll take all of your concerns and we'll deal with them and that's why your here to voice your concerns. ' Page 21 - July 6, 2000 Transcripts of Hearings (Th. Board of Appeals I MRS. TOEDTER: I thought maybe you had already investigated and that's why you're - CHAIRMAN GOEHRINGER: I have been to the site. I am very:happy about the bluff itself because it's not that frail. In reference to it's very well foliated and you know, that makes me very happy. Unfortunately, I had shorts on that day, and get poison ivy like you will not believe, so I did not walk anywhere, maybe within 30 feet down the bluff and I didn't go all the way. Normally I go all the way. But we will take everything into consideration. So please - MRS. TOEDTER: I'm sorry I missed the beginning of the meeting. I didn't know if I could get here. That's why I wrote the letter. You took into consideration the fact that you passed a law,,,and now they want the circumventure of law, and you'll probably pass the law- CHAIRMAN GOEHRINGER: Can I just explain this? I said this at nauseum, and this has nothing to do and I will reflect upon this also. When this law went on the books, I discussed it with the orchestrater of the law, and I told him, that this will create a tremendous problem for people that have existing dwellings, and people that want to build new dwellings, on smaller lots. This is not necessarily - — a smaller lot. But we had heard from counsel,. that they were mandated to put the house in this location. That does not mean that we constantly push this 100 foot issue. The orchestrater of this law told me, all he wants us to do is look at every individual application, and he wants us to minimize the type of construction that we have. That doesn't mean the law doesn't stand. It stands. Only this Board can vary it and only this Board will vary it, and that's the way it's been since the law has been effect. MRS. TOEDTER: What is itlike between houses, because you know someone calls it's pretty, they carry the sound and that's why I'm trying how many feet it has to be from another house? CHAIRMAN GOEHRINGER: There's no law in that respect. MRS. TOEDTER: Because I know the people below them, their bedroom, the Lowell's bedroom is right next to the water there, and that's the water ( ) over and if a pool were there, you could hardly even and people were jumping in and out at night, they could hardly use that room as a bedroom. CHAIRMAN GOEHRINGER: I see. .MRS. TOEDTER: There's no law about that? Page 22 - July 6, 2000 Transcripts of Hearings Board of Appeals a CHAIRMAN GOEHRINGER: So let us do our job. Let us continue the process throughout this hearing, into the next hearing which will be in August and we will report back to you what we found, and we always do, and then we'll - MRS. TOEDTER: We're unfortunate are on that side of the bluff, because we don't have as much on the other side but it's starting, and just last winter what use to be better crossing to that bulkhead down, and so it's a, it's been fragile. CHAIRMAN GOEHRINGER: They are fragile. Thank you. MRS. TOEDTER: Thank you. CHAIRMAN GOEHRINGER: Ma'am, I believe you had, I don't mean to'-point at you, but I believe you had a question before that you wanted to - MS. : When you said no heavy equipment. How big is a truck that brings the water in alone? CHAIRMAN GOEHRINGER: The truck has to remain in the front of the house. There is nothing that is allowed to the rear of the dwelling except for, except for ) a small backhoe to dig the hole. That is it. That's the condition. MEMBER COLLINS: Mr. Chairman, can I put two cents in? CHAIRMAN GOEHRINGER: Yes, but this lady hasn't - MEMBER COLLINS: Oh, I'm sorry. I thought Ms. Butz had finished. CHAIRMAN GOEHRINGER: I'm=sorry, again I apologize for pointing at you. MS. MITZNER: I know this is going to be ( ). I feel very strongly about it. Terry and Jennie had me here tonight cause I - CHAIRMAN GOEHRINGER: We need your name for the record. MS. MITZNER: Melanie Mitzner and I bought their house on 1050 Hyatt Road. And I have, I was in on the hearing on the other, well I wasn't on the other side "r because I was happy that the property was large and they couldn't develop it.' When a very delicate ( ) system they are more protected and there is a bluff that has collapsed within five or six properties or less in that area, just due to north eastern rainfall run-off tide, whatever you know is happening. I think that building in that location is taking an undue risk, and the bottom line is, when it's nature against man, we all very well know who wins out. Page 23 - July 6, 2000 Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Thank you. You want to make a statement Ms. Collins? MS. BUTZ: Sir, when is the next meeting going to be, did you say? MEMBER TORTORA: August 6th. MEMBER COLLINS: No, 10th. CHAIRMAN GOEHRINGER: August 10th. MS. BUTZ: 10th, QK. I have to see you after this, is that,correct? CHAIRMAN GOEHRINGER: No, if you would call me tomorrow. Call the office tomorrow and just leave your phone number and we'll set up some date that's convenient for everyone. MS. BUTZ: OK. —� CHAIRMAN GOEHRINGER: I mean it's not necessary if this nice lady sitting next to you is going to be there, you don't have to be there. MS. BUTZ: I own 50% of it. I want to be there. CHAIRMAN GOEHRINGER: OK. MS. BUTZ: This is my primary residence. CHAIRMAN GOEHRINGER; I understand. I mean I'm not trying to strip you of that. MS. BUTZ: It's not my summer home. This is what I own, but I wanted to ask one more question. CHAIRMAN GOEHRINGER: Sure. MS. BUTZ: I have to go and check my calendar. I may have to postpone this. We may have to have another discussion like I don't know if I'm going to be here August 10th. This all came like gang busters_ CHAIRMAN GOEHRINGER: I understand. Page 24 - July 6, 2000 Transcripts of Hearings Board of Appeals MS. BUTZ: Alright? MEMBER HORNING: Mr. Chairman. That particular lady I think is the one who mentioned the right-of-way. Can someone tell us more about it?- This is right- of-way ,- that you say is used a - MS. RAVITCH: On the property that we jointly own there's a right-of-way and there are several families that are entitled to come through that right-of-way to the beach and it's on the west side of the property that we own leading from our driveway down to the beach. MEMBER COLLINS: It's a footpath, right? MS. RAVITCH: It's a right-of-way. It's a footpath. MEMBER COLLINS: Footpath, OK. MS. RAVITCH: And it was as I mentioned earlier washed out during the construction of this home. This home by the way, was constructed after the passage of the 100 foot requirements as I understand. CHAIRMAN GOEHRINGER: H'm, h'm. OK, Ms. Collins. MEMBER COLLINS: Mr. Chairman, I just wanted briefly to address a couple of comments to the neighbors which I think they deserve to hear from us. We hear frequently at this Board, we must obey the absolute letter of the law. The law is the law. Someone here tonight used the word, circumvent with respect to the _ request for a variance. It's not circumventional of law. The State of New York, the Law of the State of New York, says that if a locality has zoning setbacks and other things like that, a locality must have a Zoning Board of Appeal as an Appeal Board for people who are unable to do what they want with their property because of zoning and our job is to balance and to weigh and the State tells us that's our job. And the laws are on the books, and the laws are the laws and it's our job to hear appeals from them and it's not circumventing the law. I just don't want you folks to think, that there's something predacious about our appeals process. This is the way it's suppose to work. Thank you Mr. Chairman. MEMBER DINIZIO: Can I make a comment also that may be helpful to you folks? CHAIRMAN GOEHRINGER: Sure. 1 ' Page 25 - July 6, 2000 Transcripts of Hearings , _. ("') Board of Appeals • MEMBER DINIZIO: If I were to hear from say, an expert on your side. Say you go out and find an expert on your side, I'd want to hear about three things. One is if that erosion is still going on from the house and whether it's still effecting •.: your property? The second one is, if I could hear an expert tell..me, why that bluff that you say went down five lots, why it went down? Give me a reason because living here all my life, it doesn't just happen overnight. There's always some way, some how something has happened, and if you can bring a reason and I'm not suspecting what the reason will be good or bad to this applicant, but certainly would be helpful for me if you want to inject that into this conversation. If it's helpful to you, good. If it's not, you know, maybe you don't bring it up. And certainly, I think that the 100 foot setback as I've always seen it, you know, it's just that. It's a 100 foot setback and you try to live by that, as much as you .,- possibly can but when the other zoning laws, the other laws gave him a waiver, a person a use of his property, you know he has to have a place to seek relief because you know he's a taxpayer just like anybody else. And I can probably say from my point of view, that this application will look much different when we're done with it, and I know you're probably all friends and I hope you all leave friends, but if you can inject and try to show us you know, why, give me a concrete reason as to why you think that this particular pool will cause any erosion at all. You know there are experts. People that may be able to say, give a good reason for that. I'm certainly willing to hear it. I do know seating on this Board now for 14 years, you can build this close to a bluff, and you can do so without disturbing that bluff. But you know, if you have concerns, and you know, express your concerns to an expert and he can explain to us, I have no problem whatsoever, you know believing that fact. Thank you. CHAIRMAN GOEHRINGER: OK, we are at this particular point, we have requested, oh, you want to say something? Pardon me. MEMBER TORTORA: I just like to ask the attorney for the applicant. CHAIRMAN GOEHRINGER: Mr. Cuddy. At that point, if it's alright with everyone then we're going to recess until the next regularly scheduled meeting. MS. BUTZ: Or later if necessary. CHAIRMAN GOEHRINGER: You'll have to send us a letter on that respect. MS. BUTZ: I shall do so but I want that on the record. CHAIRMAN GOEHRINGER: Right. Mr. Cuddy. I don't know if he can hear 1 you. ti ' Page 26 - July 6, 2000 Transcripts of Hearings .. - , _ Board of Appeals ---.) MEMBER TORTORA: How high is that retaining wall? MR. CUDDY: The retaining wall that's on - MEMBER TORTORA: The retaining wall of, the timber retaining wall that holds the brick patio? . MR. CUDDY: You mean the proposed wall - MEMBER COLLINS: The proposed. MR. CUDDY: There, I think probably Mr. Ignego could say how high. MR. IGNEGO: It's going to be approximately 4 to 5 feet high. They intend to dig into the east side by about 3 feet and then fill to about an 8 or 9 foot difference in elevation. MEMBER TORTORA: It's going to be graded? MR. CUDDY: It's going be graded to the middle. ) MR. IGNEGO: The middle will be the center grade and then they'll cut into the eastern and fill to the west. MEMBER TORTORA: OK, the other thing I was reading Soil & Conservation and you read the report, you know the concerns. One of the concerns was, that the erosion would be compounded from the brick patio being impermeable _ surface but I wondered if you come with any options on that? MEMBER COLLINS: It's in sand. MR. CUDDY: Two points that I was making. One was that the brick surface is not going to be completely impervious because of the placement of the sand, which probably makes it very little different from hard dirt that would be packed at that site. Secondly, that's the purpose of having to drainage it at the south west corner. Any run-off that would come by virtue of the elevation at that point, would be picked up by the drainage pools that would be there, and we, that's why I indicated initially, that we're willing to have our engineers, Cronin & Cronin, certify to the Board, that what we proposed would be adequate to take all of the drainage run-off and will not go on to the neighbor's property, and I understand that concern. Page 27 - July 6, 2000 Transcripts of Hearings (', Board of Appeals J MEMBER TORTORA: Well, the other question we always ask, and you know the question is, is this the minimum setback that you can live with? MR. CUDDY: Well I would say, that=there's a few feet less but not an awful lot the way this pool is setup here. With the pool as you can see is a basically a 20 foot cross pool. As far as the width of it goes, coming from the deck out towards the bluff area, part of that pool as a matter of fact is within with the inside of the liner, that's probably 2 to 3 feet. I would think, that there's very little I think you can cut-off and still have an adequate pool. We probably could cut some of it r but not an awful lot. CHAIRMAN GOEHRINGER: Thank you. George, you have a question? ' MEMBER HORNING: No. CHAIRMAN GOEHRINGER: Again, at this particular point, we're in recess. I will make a motion recessing it to the next regularly scheduled meeting, which at this time is August 10th. However, unless I get a letter from you, (Ms. Butz), it will be up to the Board to make that determination then at that point, OK? MS. BUTZ: Yes, I understand. But I do need sometime to get my own expert witness as well. • CHAIRMAN GOEHRINGER: I understand and you'll give us a call tomorrow and leave your telephone number. MS. BUTZ: I won't be back at work until Monday. CHAIRMAN GOEHRINGER: That's fine. This is not going to be until the end of July anyway. MS. BUTZ: This has been a wonderful vacation. I wanted to tell you all that had a wonderful time. CHAIRMAN GOEHRINGER: We're sorry about that but we would like you to call us so that I can make an appointment with you around the 27th, 28th, 29th of July, whatever. MS. BUTZ: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you. Yes, that is a motion. See Minutes for Resolution. • APPEALS BQARD MEMBERS " r g`OStFFO`�C0' ; Southold Town Hall Gerard P. Goehringer, Chairman is • Dy% 53095 Main Road ; James Dinizio,Jr. o A`' P.O. Box 1179 Lydia A. Tortora Southold,New York 11971-0959 Lora S. Collins : ° X4'7 - ZBA Fax (631)765-9064 George Horning ;_�Q! ' • ao'i/ Telephone (631)765-1809 • BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 7, 2001 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 7, 2001 commencing at 6:25 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Paula Quintieri, Secretary 6:25 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Conditional Approval: Appl. No. 4948—George L. Penny, Inc. Approved as applied for: Appl. 4924—John M. John Brief Discussion: Appl. 4837 - Harry Cashy and Maria Misthos Cashy. The Chairman stated that this will be carried to end of tonight's meeting. Also, possible Special Meeting June 20, 2001 if not addressed tonight. Appl. No. 4909—McNamara/Mueller. No decision at this time. (Po§sible Special Meeting June 20, 2001.) (See end of Minutes for action taken at this meeting.) Page 10 —Minutes ~ '�1eting IfaId June 7,2001 Southold Town Board of Appeals Conditional Approval: Appl. No. 4954—Gene Walker Appl. No. 4959 — Dennis and Desiree O'Clair Appl. No. 4866— Norma Miller Appl. No. 4906 —V. and R. Lynch Approved as applied for: Appl. No. 4956 — Robert and Kathleen Lawrence Appl. No. 4953— Henry L. Ferguson Museum, Inc. Appl. No. 4955—Anthony and Carol Mitarotondo Appl. No. 4961 — Robert and Patricia Winchester Appl. No. 4909 —McNamara/Mueller— Reversed B.P. Denied: Appl. No. 4837— Harry Cashy AGENDA ITEM V: RESOLUTIONS/UPDATES/OTHER: A. Chairman offered motion, seconded by Member Tortora, to confirm the following applications for August 16, 2001 calendar: 1. Appl. No. 4939—Janet Wockenfuss •2. Appl. No. 4958 —A. Marinakis 3. Appl. No. 4927— Kace LI, Inc. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). B. The Chairman discussed possible correspondence in reply to Attorney Price's "inquiry" Re: prior ZBA variance adult home use and request for tourist home use. • AGENDA ITEM VI: EXECUTIVE SESSION (none held). * * * Brief reviews of pending files and general discussions by Board Members followed. * * *. There being no other business properly coming before the Board, at this l � '� s Q�o CASHY / MISTHOS PROPERTY SOUTHOLD, NEW YORK REVIEW OF SITE DRAINAGE AND INSTALLATION OF POOL, SPA & PATIO AREA STEVEN L. MARESCA CONSULTING ENGINEER 188-07 W. MONTAUK HIGHWAY •HAMPTON BAYS, NY 11946 • (516)728-9480 • FAX (516)728-9484 October 18, 2000 .F • ' , /V V J � 6ARAdE . HOUSE I DECK LO C4 lUc-i 54 `I I of Da.WwELL n SINSLE STORY ISECTION OF HOUSE PROPOSED vPOOL A .. - .11•11•1•1• - =NM= A / --\\ \) . SPA . E 54 52 DECK 'r~ 5o1-1( . --- 48 46--� --- TOP O --�-- UFF 44 'NI\ _ _ 42-- 3A 40 36 • GASITY/M I STHOS RAV I TGH/BUTZ PROPERTY PROPERTY 2 SITE LAYOUT SCALE I " = 30' fl } IE ! 11111 i JIII • • t � e i W a) ca z = r3 A— Q c. I- Z y > z . �: CASITY/MISTHoS RESIDENCE � , a w1w PROPOSED SPA t i - � z D z 0,7_1' 2 story frame structure .___I up ' 2 1 wl PROPOSED RETAINING v m s EL. 54..0 I WALL I, CI) PROPOSED PATIO r EL. 50.011. 446%'***'"....„,,,,,_ �� EXISTING DECK ELEV. 50.0 RREITDENEUTZ I STONE WALL,.. . '., ;:R . . . ..,. - - �� EL. 47.0 H w!w l proposed o-Iz M1 - pool 0:p EL. 41.0 EI - `- 1 ` bedroom area - , EL. 37.0 FIN FLR. EL. 36 5 . . EL. 35.0 - EXISTINta DRYWEL ; ; basement is — aW TIMBER71 £ 1O 0/ , _ ase F = . < • section a ;_ � • J $ SCALE 3/32' - 1'-0" > ; Q ►— a cF) 3 1 DRAWN : I CHECKED SM DATE :IO/12/OO SCALE : AS NOTED JOB N0, SHEET IOF ! SHEETS IIIIIIIIIIIIIIIIIIIIIIIII it y ° ........„."'-e',/.3 ' k -,a:.'' ‘ ik ft e f Lk •ate, k i.. ` • { „ ,,,,,,,,-?::4,1.,-%, i e. �a'�"rky.P •.K . ie• ti . ” . , •: •'r • ta �-•„'.--.,m: z- ° a., sz - ' — . '9' u'LR . yqS ._ _ 44, ,I•.• ", % r S; ' 11111}1! v ram—li._i--,—N—g' r _ — — -___ .,,,t,,,c;.i', t e4'.' v�,y,l 4f1 l7i `♦' 1 3• EYP'- ` laud 1 .„ . .� .. .4, , a.,-a ..7 . r ..'-.A 1.t. .w`,;IN. ;w •:.-40...,. s':,... M l+;e' • . t. t S 5, ' ;At± tib View of Cashy/Misthos House. Photo taken from the Ravitch/Butz property. Note the grade difference between the two homes. The rear portion of the Ravitch/Butz home is noted on the left side of the photo. . , . • - • il "Itk 4 ' -)., , it • '14/.*.k, ',:•• , •• ' — . '„ •• •" '•« .,.-•.4,, - - tb• • '\ . ' '',', ' - 'it,,• ., ';',`,.* .... . .1„,,, IIIPIII '''r 'IL ', 44. if. IL , ..' • 4 , 4-.,*fi,. , , . 1 — w5«.- rt• , -.!T i' ' , . , ,,,,,, 1.4. . 4,-‘ - ----,•.' ., .t..,e.,#,-.., •., -• i iv:%,-.11..-,o,sgov.-,s '4 ' 0.-, • ,),( ,. ),,, .....g, . ... . ,. ....,.„ .:„ ,-, • , - •, . , x. :,r, r • . ' ....., -• .,..., , 1 r .4rIP i , • ift.'„,: .-... , Ve'lf 1' tittnt4..* • .1001)*- ,-:` 4. '1• ...`f Mi;-,..c-:- 1,!' . ' ' l' .. - . ,•• .:.11%. .4 v.., :...k. , , ,,,,r i;',..c.krictfltv,. *..,.74.1. :. 4%;••.. 1#4• ':-A.6-l- „„:,5•J: • . , • E ,... - e^• ..- 4. 1. ';',• ' ''PP :4,11/7ilf....:.;:.Y'•'''-4:".011 '*.'4.1... t• :•..‘ •,... . SO.c. •• :' ••' - « 4 '' '4,.: ...•,e% • Y ''' • .,;•• '1,-;11,1iii:..''A Z...4.. .- •• •:• •' t.- ' ./i t.,,.''''‘,14. 1 .4` . ' .-.t.'l V. "W!..04. •ic .. , $ "E'''.• ...4.••-vir -%' 1•51i'i . ' -A -s . .,. •;• ' s I,- ”• :•i ib,: . . .0,, ." h. ... i:t...r._ ,7"..t, ..41 ,•,1 . '.... Iiii'I x . .... .44i.. : ,f„..... /•`4'''' ."*. 2:- •• ^iyi• . '7,-4— ,,''' .„t .r..e ef ..%, ' •*:.t:ii,.. •0"..‘40%;,:...,,:......„ .,: ,, , • ''. `. '.. -a• It:.' '•Aft •. . ; • .-'3- - ':VS. 4 - '" i': !: •.. • ...14-.,',I,, ' , ' teV• ' - '+1. ••, lir,i•-.3.:,, .,..•to. -•L,. 7,4,--, . -- ... il...- . 73451-, 4,,,,:,.....- • ..., .. .... • . :.,0 .. . .. , . , .0,.,. "f• Vie :t. • 4C.' I .. 01-''..':. -,4e- - ` -4, .1 i- • '''' ,4 7.' „,,, ..,. •• • , . . .• ,,,,1 ' , -- 4 1 ' ' ''. I IS. . s•441.54*** ',If.• ' •'.. , wit -6 •' '• • . - ....,,r View of the Ravitch/Butz house. The only portion of the home visible is the roof of the single level portion of the home. Photo is taken from the rear of the Cashy/Misthos Property. The rear deck of the Cashy/Misthos house is on the left side of the photo. • 0 44 � •: y' , ..s '* Imo'! , ., I. .• _ ,rte .a, .`7�` f".. '.' - 4... loVrit )44 . •• 174124* . ' , .41 , ,.._ #,If .• , 't. '• .'";::4'"". _gv} i.i"''1 t?., fill ., ,` If.f _ ~ , 4 '4 Tk. fit, •i _ r .. •. 1, , „. - t ;yy. /y _ Ifs I f, ,t /1:44..,...,',l` � a ., .�� 4 Y +•xa"V� •�: , f. f •�.'.,,,, -e# 7T`` ,1' I- • 1 r,i,L• RLt c.st\. .. :� _ ..i,' .;*/ . . i✓/ ' j.J .i _,- e- 1:31^ 9t' J 1 is." I.- . View of a drain located in the rear of the Cashy/Misthos property. This drain presently catches some of the water runoff from the Cashy/Misthos property. The new patio and retaining structure will impede the flow of water to this drain. 4114 ( y: - f ,G .a ' ti's`•,- lilt,,. " _ •. - ,it_Jr ,... :-.. -A- , r • .,...._ , . . ... .. . .: ....... ... . .... A i';111 . .' -,,:...f I, ....",-,t,t*,,-4,,,k. 4 .-.:4,.. .._.- --; ,.; .,, k View of water erosion at the front of the Cashy/Misthos property. This soil erosion is below the front deck of the house. This is indicative of the quantity of water running from the front yard to the west side of the rear yard. The runoff of the front yard and driveway is not being controlled. R will overcome the capacity of any drywells in the rear of the property. • .• „- joB al-tr [ s SHEET NO DATE CHECKED / 707.--) CALCULATED BY CHECKED BY DATE SCALE [ RA/( ( est-ittpw.PF7-4),,v( 4( I f.-( I L. AO-0- 01-Z1 ORO l.7:1-9Prf),774.---C4- cjiT6TIVAiti FRiolLfr- 100 bc-) /(2- 1-(363 az) 2) 12,0or - 100 % -4- qo 1-1c79 -°\ 3 4,)0o , op6-72._. (62), 3• C, 1-t-) P(4-T7o -f-- R.)06_ (-7(2) /(,2.) 122 3, DP--cr - I Ac Co t- , 4T---• Nt 12i5(5 ,f LI) 7" 16 .51??7.- Fr- -2, OF V2 I MKS cc t1 j12-aw oFF 7 Pf2or" -"-rir (-,Nr.T7nAI ic,nni chpmo 2nq I IParldoAl A. STORM WATER DRAINAGE DESIGN CRITERIA - All storm water collection systems shall be designed in ac- . cordance with the following minimum standards and shall be submitted on design sheets to be reviewed by the Village Engineer. (1) Rational Method: (a) Q = Ac,2 Q = Discharge in cubic feet per second (c. f.s. ) A = Tributary drainage area in acres• within the subdivision and shall include areas outside the subdivision c = Coefficient of runoff of drainage area The following values of "c" shall be used: Type of Surface Flat Rolling Roofs 1.00 Concrete or Asphalt Pavement 0.90 1.00 Bituminous Macadam 0. 70 0.90 Gravel 0. 25 0. 70 Lawn Areas 0.10 0. 35 Wooded Areas 0.10 0. 20 Rural Districts 0.10 0. 25 Parks, Golf Courses, etc. 0.10 0. 35 Agricultural Areas 0. 20 0.60 (b) "I" , the rainfall intensity in inches per hour, shall be determined by the following formula: I = 120 • t + 20 .where "t" is the time of concentration in minutes at the point of design. ( 2) Closed conduits and open channels shall be designed using Mannings Formula: (a) V = 1.486 x R 2/3 x S 1/2 Where: V = velocity in feet per second R = hydraulic radius in feet S = Slope in ft./ft. 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U, I A �,Il� �I I , .... , .- ..-- -113,05`1' U )J-4A-6• EgmhE , .1,1\ AAA CHARLES R.CUDDY � � I �E i Zoog, • ATTORNEY AT LAW 445 GRIFFING AVENUE ` RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net May 31, 2001 Zoning Board of Appeals Town of Southold 53095 Main Road Southold,NY 11971 Re: Cashy pool variance application 1900 Hyatt Road, Southold SCTM 1000-50.00-01.00-003.000 Dear Board Members: In response to the letter from John Ciarelli, dated May 17, 2001, enclosed please find an affidavit from Joseph Ingegno explaining the differences in the surveys dated August 20, 1997 and December 16, 1997. Once again, the opponents have attempted to raise an issue which is without substance. Repeatedly,those opposing the Cashy swimming pool have attempted to raise any device that might get the Board's attention, although when reduced to its core, the opposition is subjective and personal. The Cashy proposed swimming pool is a fair request by a family to enjoy its property and, as is evident, its affect is for three months a year. It is submitted that the diatribe of the opponents is directed not at the standards set forth in the Town Code and in the State Law,but is self serving. The Cashy application is made pursuant to the terms of the Town Code and should be granted Very truly yours, eiLe Charles R. Cuddy CRC JML Enclosure cc: Ciarelli & Dempsey r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application AFFIDAVIT of Appeal No. 4837 Harry Cashy/Maria Misthos X STATE OF NEW YORK ) ) ss. COUNTY OF SUFFOLK ) JOSEPH A. INGEGNO, being duly sworn, deposes and says: 1. I am the surveyor who completed the surveys showing the Cashy residence in connection with obtaining the building permit from the Town of Southold and approval from the Suffolk County Department of Health Services. 2. The survey dated August 20, 1997 showed a typical diagram of a proposed house in order to determine at the Building Department level whether the permit would be issued for a house at the Cashy premises. This is a normal and routine procedure 3. The actual survey showing the house is the survey dated December 16, 1997. This is the house as designed by the architect and its location, as previously indicated, was dictated by the placing of the wells and cesspools as directed by the Suffolk County Department of Health Services. 4. There is no discrepancy in the survey as presented. The first survey was a general outline of a house structure, and the second and later survey depicted the actual house built at the site. 5. I make this affidavit knowing that it will be relied upon by the Southold Town Zoning Board of Appeals. / i� ; Sworn to before me this °acc".day of May, 2001. Notary Public PATRICIA A. CLARK Notary Public,State of New York No.5711005 Qualified in Suffolk County Commission Expires September 30.20Q1 2 RANSMITTAL MFMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: M o,i /e 2P SUBJECT: File Update card 2p,JD d 4 J 3 7 With reference to the above application, please find attached the following new information added to the official ZBA office file: Comments: _ji _A _ 9_afg4 /r6 ds dweri, 41atted-- - - -AL-1122(1:0424-61 -/h - _ Number of Pages Attached: 4 TrMemo.doc CIARELLI & DEMPSEY ATTORNEYS AT LAW JOHN L CIARELLI FAX:(631)369-5132 PATRICIA A.DEMPSEY 737 ROANOKE AVENUE P.O.BOX 488 [� © f �W 1 EDWARD T MCINTYRE RIVERHEAD,NEW YORK 11901 (�,�'- 11 f OF COUNSEL � I (631) 369-5100 C � , MAY (182001 11 ,1 LA-raj/ May 17, 2001 VIA FACSIMILE (631) 765-9064 & REGULAR MAIL 'Hon. Gerard P. Goehringer, Chairman Hon. James Dinizio, Jr. Hon. Lydia A. Tortora Hon. Lora S. Collins Hon. George Horning Zoning Board of Appeals Town of Southold 53095 Main'Road . P.O. Box 1179 . Southold; New York.11971 RE: Cashy/Misthos Appeal - - No. : 4837 Premises : 1900 Hyatt Road, Southold, New York SCTM No. : 1000-50-1-3 Dear Chairman & Board Members: In connection with the Iasi Board Public Hearing held on April 19, 2001, we had submitted a-FOIL request to inspect the Subject Premises' Building Department file. Unfortunately, the file was not available for inspection until after our last submission on May 9, 2001. A review of the file conducted on May 16, 2001, revealed the following pertinent information: 1. The' Certificate of Occupancy was only issued on December 8, 1998, pursuant to a building permit application dated December 29, 1997. The Certificate of Occupancy"indicated it was based, in part, on Suffolk County Health Department approval (No. R10-97-0136), dated October 19, 1998. (A copy of Certificate of Occupancy is enclosed).',Based on the other information we submitted, it appears that the Cashys had CIARELLI & DEMPSEY Attorneys at Law 2 submitted its plans for the non-conforming pool less than a year later. 2. The survey, dated December 16, 1997, on which the final structure was based, shows the rear line of the dwelling, with rear wood deck, set back only 8 feet from the 100' setback line from top of bluff. (Pages of December 16, 1997 survey enclosed). 3. At the same time, in the file, there is an earlier survey for a one-dwelling home on this same lot,dated August 20, 1997, also approved by the Suffolk County Health Department, where the rear of the proposed one-family dwelling was set back approximately 34 feet from the 100' setback line, in which site, the proposed pool and hot tub could have been located without the need for the 26 foot variance. (Pages of August 20, 1997 survey enclosed): Based on the foregoing, it appears that this lot was adequate to allow for the construction of a one-family dwelling and pool, without the need for a variance. This fact, and the earlier survey, contradicts the basis for the applicants'seeking the variance,which was repeatedly stated to be because "the house was built at the site that it is on because the location was dictated by the Health Department." Further,this evidence demonstrates the siting of the septic system and well did not mandate or create the problem, but the problem was self-created by the applicants, which factor should be weighed by the Board in its deliberation about the relative merits of the application. We are submitting this information to assist the Board in its deliberations. Thank you for your assistance in this matter. Respectfully submitted, c 6(-A/1- 0 N L. CIARELLI JLC/tr - Enclosures cc: Charles R. Cuddy, Esq. 445 Griffing Avenue - - P.O. Box 1547 - Riverhead, New York 11901 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-26147 Dates 12/08/98 THIS CERTIFIES that the building NEW DWELLING Location of Property: 1900 HYATT RD SOUTHOLD ' (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473839 Section 50 Block 1 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 18, 1997 pursuant to which Building Permit No. 24579-Z dated DECEMBER 29, 1997 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED TWO CAR GARAGE, REAR DECK, WRAP AROUND PORCH & SECONC STORY BALCONY AS APPLIED FOR. The certificate is issued to HARRY CASHY & MARIA MISTHOS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-97-0136 10/19/98 ELECTRICAL CERTIFICATE NO. N466655 09/29/98 PLUMBERS CERTIFICATION DATED 1 9/98 CUTCHOGUE EAST PLUMB. Building Inspector ,Rev. 1/81 . • • • ...; . .-1..e,„,".•tt•Z tt‘.' , •••••;_••• . *." ..'4'5.•pr„r`z'i . • ' ' ' I . .• 4; 'i;'4 4:4; ,•%.'-'. n ,.',...' • • - SURVEY OF PR6 rERTY ....'•,':;,:,.%•° i,,,t-o„..?:(,.: .., ,,,, •'4i,bIrl Oikt.,Ttf,,•r. SITUATED A r , . ,......,. ,"•4,(1-0,..t1., . . ..• .„ • .,,,„...,.,I.,.•,ey , , . i t••,..,,,, • .t . . .• i ,. HOTTON poiNfr. s ..:, TOWN OF SOUtHOLD ,,....il'isAr,,,,e144 • • , ..., •.,-3","417$0;,c4•;,..„:,4 SUFFOLK COUNTY, NEW YKOR • ,.. ,,, t,,t,„..,,, • t.."-I, ,14.,,,,,,, , :: • .,..,..,, • ::;•• CIA,...,T,,r,..‘f. . . • -—. ? ,. ..ipli.., , ... . S.C. TAX No 1000-.50,-0.1 —03 .• . .Alt( 4:4.1 l'',t si le•?„t , •,.,• .,t."...•.,:. SCALE 11? ,„•,-,,., ,,,,,,,, ,. . • mi,,tlicl.•:. • , . ,• ,,;:-.3. 1;4.:•, / ); '. '4 DECEMBER 16 1997 . • .„ .-,,,,,.?,..:1!!.p, - •,.,%:.,••i e.i 1.s. t' • JANUARY 30, 1998 FOUNDATION LOCATION ' , ‘•.,.‘4. ,•(.'• -,:,.% 1.‘'.:1,!, ,t'zi 1•4;1•5:.••,'„ ' ‘.il,":)'.`., :q,• • JUNE 22, 1998 FINAL SURVEY • ,.,..,,,,,cf,;‘,... • ..„A c.:I.:. . : . . " ' :1.'.. • •'., '1 • •.•• ' :• ( ) • ` •:••.'''.'•••'— •.1.:. •• •• ,, : .• •:.%„, • • AREA = 45,014:45 sq. ft. . .. l• -,, ..-•-<....,, . : .,...t.„...:•.> -.,•‘'l.::, ...:;•, t,' 1.035 ac. •:"--•,-;:,:'..7. e , r•.. P I. ,. '••'I.• . . s. .......i ,Pj..'• '.. - . •,•"'" .'.:f...;IF ''.'; ••'.•... , . ,,,,•• •..,,..s. . ,• • ••,•. , :4 7.* .•,-k-.11'' • • - . . • . -CERTIZIELZe, . _.• .- . • „ g_' Ie.,`,..• TH, (AND -TIRE INSPRANCE. • ,takieANY •;-• • -; -;;1,•..-:e.),... ' . 'z ”.'`" ' ". on 44AtiottAi: BANK. - .- ' • .., .t:: •-• ,-,:- •,-:.-i.:--c-••• IiikRRT ._, • Y ., . ` '.* ; •'' •:' ;:=,,,,• .-i..,,•1!.. ;:t:::: • • • -.. ..-.''', ,•c.-...r.f,ic. :....... • • . 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Pq-t_9(ith. t9-03 19 c? —1 (Rife li CIARELLI & DEMPSEY ATTORNEYS AT LAW JOHN L CIARELLI FAX:(631)369-5132 PATRICIA A DEMPSEY 737 ROANOKE AVENUE P.O.BOX 488 RIVERHEAD,NEW YORK 11901 • EDWARD T.MCINTYRE OF COUNSEL (631) 369-5100 May 9, 2001 VIA FACSIMILE (631) 765-9064 & REGULAR MAIL Hon. Gerard P. Goehringer, Chairman Hon. James Dinizio, Jr. Hon. Lydia A. Tortora Hon. Lora S. Collins Hon. George Horning Zoning Board of Appeals Town of Southold , . .. ;1: 53095 Main Road d .5 . .. . _ _ P.O. Boxc 1179 Southold; New'York 11971 . • , RE: Cashy/Misthos Appeal No. : 4837 Premises : '1900 Hyatt Road, Southold, New York SCTM No. : 1000-50-1-3 Dear Chairman & Board Members: At the last scheduled Zoning Board of Appeals' hearing held on April 19, 2001, on the above-mentioned application for an area variance to reduce the 100-foot minimum setback in the bluff area (Section 100-239.4(A).1), the Board granted our clients, as the owners of the neighboring properties, an opportunity to reply to, and comment on, any report or study submitted by the applicants on the issue of alternative •sites. The Chairperson's direction to the applicants followed the Board's raising the question that based on a review of the site, it appeared that siting the pool and hot tub at other locations on the site was feasible, whereby no intrusion into the bluff area would be needed. CIARELLI & DEMPSEY Attorneys at Law 2 At the April 19, 2001 hearing, a Board member made the specific observation that it appeared the pool could be sited in the front without the need for a variance. The second observation made was that the removal of the 13.6' rear wood deck, and installation of the pool in this same area, would dramatically reduce the magnitude of the intrusion into the bluff area, by reducing any needed variance by the same 13.6 feet. This second alternative would also, by necessity, lower the pool,further diminishing the negative impact on the neighbors' properties. These were only two observations made at the hearing, suggesting that the applicants should have, and could have, first considered the extent to which any alternative sites were feasible, or practical. • The applicants,submitted.a Supplemental:Memorandum•prepared by their attorney, which is not supported or accompanied by any competent evidence or testimony in the form of an analysis or study conducted by an engineer or architect. In the Memorandum, the applicant's counsel makes the following admissions, although in an apparent effort to undermine the feasibility of the alternatives: 1. The pool could be sited in the front within the minimum setbacks. 2. Siting the pool in the front would require a retaining wall. The applicants claim such a retaining wall could not be "aesthetic", although this argument appears to conflict with the applicant's landscaping architect's testimony at the April 19th hearing wherein he stated he could allegedly buffer the proposed retaining wall. In the applicants' Supplemental Memorandum, the applicants' counsel calls the issue of the retaining wall "bogus", because any retaining wall "would be landscaped so as to shield the wall from view." The applicants' argument also ignores the fact that at its current proposed location, the pool is elevated by 7-8 feet, and is eye-toeye with the second floor of the Butz-Ravitch residence. Siting the structure in.the front results in no similarly, significant intrusion into, or negative impact on, this dwelling. 3. The applicants could not allegedly remove the rear deck"without jeopardizing the integrity Of the deck." There is no-evidence to support this claim. 4. Removal of the deck and siting the deck and surrounding deck area, next to the house,would only reduce the variance. This last observation, like all of the three other observations made in the Supplemental Memorandum, represents an admission that the alternatives as raised at the April 19th hearing are feasible, and were always practical, as well as available to the applicants when designing their pool and hot tub. The significance of that fact is highlighted by the date when these same applicants first built their house. A review of the available Town Building Department records reveal that the Certificate of Occupancy for the one-family dwelling, with 13.6 foot-wide rear deck and two front-yard parking areas, was issued sometime in late 1998. The applicants' first application to the Town's Board of Trustees for a variance to build a pool was denied in December, 1999, meaning the pool proposal was conceived,at the latest,within the same year the residence was constructed. It is difficult for the applicants to complain that their layout of their home CIARE•LLI & DEMPSEY Attorneys at Law 3 precluded siting a pool on the property without the need for a variance when it is apparent a pool was part of their original design for the lot. That design was reached well after the dates of all the pre-existing neighboring homes,,yet it appears the house was sited in such a way as to mandate a later application for a 26-foot area variance into the bluff area, at a site where it would be most intrusive to these same neighbors. The question raised by this sequence is whether the applicants would have been able to offer any credible defense of this same variance application had they not built the house one year, and asked to build the non-complying pool, the next. The applicants' concession that they can now site the pool in front; or abutting the rear of the residence, represents an acknowledgment that their current application is based on a self-created "hardship". Clearly, these same applicants could have built the house with the pool and decking area, and hot tub, without the need for any-v :iahce the-year earlier. -'instead; t 0.4, chose to tyild the house.at the particular site with a large 13.6 -foot rear deck only to be able one year later to argue that they allegedly have no room for the pool. In fact, the attorneys' Supplemental Memorandum concedes otherwise. After admitting there is no need for the variance given the multiple "no-variance" alternatives available, the applicants now argue that this Board is without authority to consider their variance application. First, if the applicants believed this was a valid interpretation of the intent of the Code, they should have withdrawn their application, and brought a declaratory action against the Building Inspector's determination that the swimming pool was subject to the bluff area setback provided for in Section 100-239.4A.1. The applicants have not chosen to take such action, instead acquiescing to the Building Inspector's decision and the Board's jurisdiction. That jurisdiction stems from Section 100- 239.4(a), which Town Ordinance established the minimum setback requirements for all properties located adjacent to Long Island Sound. That ordinance was adopted in 1992 and defined the Board's jurisdiction. Once the power to grant variances is vested in a Zoning Board of Appeals, it cannot be delegated or.diminished by the Town Board, such that any subsequent attempt to restrict the Zoning Board's jurisdiction is invalid. See,, Jewish Reconstructionist Synagogue of North Shore, Inc. v. Levitan, 41 A.D.2d 537 339 N.Y.S.2d 274(2d Dept., 1978), order affdd 34 N.Y.2d 827 359 N.Y.S.2d 55, 316 N.E.2d 339 '(1974) rearg,umn nt:dehied, 3 'N.Y.2d 855,-363-N.Y.S.2d 1-026,321 N.F:2d 883 (197.4). Any recent change in the definition of a building made by the Town Board could not have intended to restrict the Zoning Board's authority because the Town Board is without such authority. Based on the Supplemental Memorandum, the arguments presented therein and the absence of any credible, expert evidence to support the arguments as presented, it appears that the applicants have conceded: 1)the Board's authority to render a decision; and 2) the availability of alternate sites for the proposed swimming pool which does not require a variance to be granted. Based on said admissions, our clients, Mary Butz, Diane Ravitch,Virginia Toedter, and William Toedter, representing the neighbors to the east and west of the subject parcel, respectfully request the Board deny the 26-foot area variance as being substantial and unnecessary. Further, our clients contend that based on the. testimony, the record before the Board, and your personal inspection, the Board can find CIARELLI & DEMPSEY Attorneys at Law 4 • as follows: 1. The benefit sought by the applicants can be achieved by another method, feasible for the applicants to pursue; 2. The shape and grade of the lot does not make it impractical to locate a swimming pool in the front yard; 3. The requested area variance is substantial; 4. Granting the area variance will produce an undesirable, and unnecessary, change ;nt the'character of the nleighborhaoc; and a,-detrirnent-`to the neighboring properties; 5. Swimming pools are uncommon in this area; and • 6. The proposed pool location does intrude on neighbors and their homes. Thank you for your continuing courtesy and cooperation, and consideration of these supplemental remarks. Respectfully submitted, if/ 6 rOHN L. CIARELLI JLC/tr' cc: Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box-1547 .Riverhead, New York 11901 TRANSMITTAL '"SMO TO: ZBA Chairman and Members FROM: ZBA Of 'ce Staff DATE: 5519 a( SUBJECT: File U date With reference to the above application, please find attached the following new information added to the official ZBA office file: • • _Comments: Number of Pages Attached: TrMemo.doc • 05-09-01 15:35 CIARELLIDEMPSEY ID=6316947633 P02/04 r r4 - f _ 5 C�tELLI & DEMPSEY g°� 1 OA ATTORNEYS AT LAW JOHN L, • ` FAX:(631)369-5132 PATRICIA A •u •SEY 737 ROANOKE AVENUE P.O.BOX 488 RIVE HEAD,NEW YORK 11901 3DWAAD T MCINTYRE OF COt1NSEL (631) 369-5100 May 9, 2001 VIAACSIMlLE{6391x65-9064 & REGULAR MAIL Hon. Gerard P. Gcehringer, Chairman Hon. James Dinizio, Jr. Hon. Lydia A. Tortora Hon. Lora S. Collins Hon. George Horning Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Cashy/Misthos Appeal No. : 4837 Premises : 1900 Hyatt Road, Southold, New York SCTM No. : 1000-50-1-3 Dear Chairman & Board Members: At the last scheduled Zoning Board of Appeals' hearing held on April 19, 2001, on the above-mentioned application for an area variance to reduce the 100-foot minimum setback in the bluff area (Section 100-239.4(A).1), the Board granted our clients, as the owners of the neighboring properties, an opportunity to reply to, and comment on, any , report or study submitted by the applicants on the issue of alternative sites. The Chairperson's direction to the applicants followed the Board's raising the question that based on a review of the site, it appeared that siting the pool and hot tub at other locations on the site was feasible, whereby no intrusion into the bluff area would be needed. 05-09-01 15:35 CIARELLIDEMPSEY ID=6316947633 P03/04 CIAfELLI & DEMPJL t Attorneys at Law 2 At the April 19, 2001 hearing, a Board member made the specific observation that it appeared the pool could be sited in the front without the need foravariance. The second observation made was that the removal of the 13.6' rear wood deck, and installation of the pool in this same area, would dramatically reduce the magnitude of the intrusion into the bluff area, by reducing any needed variance by the same 13.6 feet. This second alternative would also,by necessity,lower the pool,further diminishing the negative impact on the neighbors' properties. These were only two observations made at the hearing, suggesting that the applicants should have, and could have,first considered the extent to which any alternative sites were feasible, or practical. The applicants submitted a Supplemental Memorandum prepared by their attorney, which is not supported or accompanied by any competent evidence or testimony in the form of an analysis or study conducted by an engineer or architect. In the Memorandum, the applicant's counsel makes the following admissions, although in an apparent effort to undermine the feasibility of the alternatives: 1. The pool could be sited in the front within the minimum setbacks. 2. Siting'the pool in the front would require a retaining wall. The applicants claim such a retaining wall could not be "aesthetic", although this argument appears to conflict with the applicant's landscaping architect's testimony at the April 19th hearing wherein he stated he could allegedly buffer the proposed retaining wall. In the applicants' Supplemental Memorandum, the applicants' counsel calls the issue of the retaining wail "bogus", because any retaining wall "would be landscaped so as to shield the wall from view." The applicants'argument also ignores the fact that at its current proposed location, the pool is elevated by 7-8 feet,and is eye-to-eye with the second floor of the Butz-Ravitch residence. Siting the structure in the front results in no similarly, significant intrusion into, or negative impact on, this dwelling. 3. The applicants could not allegedly remove the rear deck"without jeopardizing the integrity of the deck." There is no evidence to support this claim. 4. Removal of the deck and siting the deck and surrounding deck area, next to the house,would only reduce the variance. This last observation, like all of the three other observations made in the Supplemental Memorandum, represents an admission that the alternatives as raised at the April 19th hearing are feasible, and were always practical, as well as available to the applicants when designing their pool and hot tub. The significance of that fact is highlighted by the date when these same applicants first built their house.A review of the available Town Building Department records reveal that the Certificate of Occupancy for the one-family dwelling, with 13.6 foot-wide rear deck and two front-yard parking areas, was issued sometime in late 1998. The applicants'first application to the Town's Board of Trustees for a variance to build a pool was denied in December, 1999, meaning the pool proposal was conceived,at the latest,within the same year the residence was constructed. It is difficult for the applicants to complain that their layout of their home 05-09:-01 15 : 36 CI ARELL I DEMPSEY ID=6316947633 PO4/04 CIARELLI & DEMPSEY Attorneys of Law • 3 precluded siting a pool on the property without the need for a variance when it is apparent a pool was part of theiroriginal design for the lot. That design was reached well after the dates of all the pre-existing neighboring homes,yet it appears the house was sited in such a way as to mandate a later application for a 26-foot area variance into the bluff area, at a site where it would be most intrusive to these same neighbors. The question raised by this sequence is whether the applicants would have been able to offer any credible defense of this same variance application had they not built the house one year, and asked to build the non-complying pool, the next. The applicants' concession that they can now site the pool in front, or abutting the rear of the residence, represents an acknowledgment that their current application is based on a self-created "hardship". Clearly, these same applicants could have built the house with the pool and decking area, and hot tub,without the need for any variance the year earlier. Instead, they chose to build the house at the particular site with a large 13.6-foot rear deck only to be able one year later to argue that they allegedly have no room for the pool. In fact, the attorneys' Supplemental Memorandum concedes otherwise. After admitting there is no need for the variance given the multiple "no-variance" alternatives available, the applicants now argue that this Board is without authority to consider their variance application. First, if the applicants believed this was a valid interpretation of the intent of the Code, they should have withdrawn their application, and brought a declaratory action against the Building Inspector's determination that the swimming pool was subject to the bluff area setback provided for in Section 100-239.4A.1. The applicants have not chosen to take such action, instead acquiescing to the Building Inspector's decision and the Board's jurisdiction. That jurisdiction stems from Section 100- 239.4(a), which Town Ordinance established the minimum setback requirements for all properties located adjacent to Long Island Sound. That ordinance was adopted in 1992 and defined the Board's jurisdiction. Once the power to grant variances is vested in a Zoning Board of Appeals, it cannot be delegated or diminished by the Town Board, such that any subsequent attempt to restrict the Zoning Board's jurisdiction is invalid. See, Jewish Reconstructionist S, na•,••ue of North Shore inc. v. Levitan, 41 A.D.2d 537 339 N.Y.S.2d 274(2d Dept., 1978), order offd 34 N.Y.2d 827 359 N.Y.S.2d 55, 316 N.E.2d 339 (1974), reargument denied, 35 N.Y.2d 855, 363 N.Y.S.2d 1026, 321 N.E.2d 883 (1974). Any recent change in the definition of a building made by the Town Board could not have intended to restrict the Zoning Board's authority because the Town Board is without such authority. Based on the Supplemental Memorandum, the arguments presented therein and the absence of any credible, expert evidence to support the arguments as presented, it appears that the applicants have conceded: 1)the Board's authority to render a decision; and 2) the availability of alternate sites for the proposed swimming pool which does not require a variance to be granted. Based on said admissions, our clients, Mary Butz, Diane Ravitch,Virginia Toedter,and William Toedter, representing the neighbors to the east and west of the subject parcel, respectfully request the Board deny the 26-foot area variance as being substantial and unnecessary. Further, our clients contend that based on the testimony, the record before the Board, and your personal inspection, the Board can find CIARELLI & DEMPSEY Attorneys at Law 4 as follows: 1. The benefit sought by the applicants can be achieved by another method, feasible for the applicants to pursue; 2. The shape and grade of the lot does not make it impractical to locate a swimming pool in the front yard; 3. The requested area variance is substantial; 4. Granting the area variance will produce an undesirable, and unnecessary, change in the character of the neighborhood, and a detriment to the neighboring properties; 5. Swimming pools are uncommon in this area; and 6. The proposed pool location does intrude on neighbors and their homes. Thank you for your continuing courtesy and cooperation, and consideration of these supplemental remarks. Respectfully submitted, CV'6--etke-114,' OHN L. CIARELLI JLC/tr cc: Charles R. Cuddy, Esq. 445 Griffing Avenue P.G. Box 1547 Riverhead, New York 11901 1). 1 r(0)1 MAY - 22001 `� o 81; I CHARLES R.CUDDY Ilk\ /y1 ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 May 1, 2001 E-mail: crcuddy@earthlink.net Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Attention: Gerard P. Goehringer Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Mr. Goehringer: I am submitting a short memorandum in reference to the alternatives proposed at the last hearing and also to note that I am concerned with the testimony at the last hearing, as well as to pose a fundamental question to the Board. It is my understanding that John Ciarelli and Patricia Dempsey, attorneys for the opponents, will have five days to respond. Please note that this memorandum was delayed as a result of the surveyor ' s not immediately being in a position to review the alternative proposals to relocate the pool . Very truly yours, Charles R. Cudd, Encs. cc: Members of the Zoning Board CRC:cg ews MAY ® 2 2001 I ll JJ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application of Appeal No. 4837 H. CASHY/M. MISTHOS X STATE OF NEW YORK) ) : ss: COUNTY OF SUFFOLK) CATHERINE M. GIVEN, being duly sworn, deposes and says: I am not a party to the action, am over 18 years of age and reside at 104 Jayne St. , Port Jefferson, New York 11777 . On May 1, 2001 I served the within Applicant' s Supplemental Memorandum by hand delivering a true copy thereof addressed to each of the following persons at the last known address set forth: John L. Ciarelli, Esq. Patricia A. Dempsey, Esq. at the offices of Allen M. Smith, Esq. 737 Roanoke Avenue Riverhead, NY 11901 Ca i)2,( - Catherine M. Given Sworn to before me this 1st day of May, 2001 Notary Public Notary Public 8 ate of New York No.5711005 County Commission Qualified September 30.20 fNJnr • ` flj22oaIllU/I II ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application • of Appeal No. 4837 H. CASHY/M. MISTHOS X APPLICANT'S SUPPLEMENTAL MEMORANDUM ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application of Appeal No. 4837 H. CASHY/M. MISTHOS X This memorandum is written primarily to respond to alternative locations for the applicant's swimming pool as proposed at the meeting of the Zoning Board of Appeals held on April 19°i, 2001. One alternative suggested was to place the pool in the front yard,which again would adjoin the parcel on the west. After measuring the front yard setback, the area in which the pool would be located was found to have an elevation of 54, while the surveyor noted the slope ran to the north and west to an elevation of 37, thereby necessitating erecting a wall in excess of 15 feet This, together with the motel-like aesthetics of locating a pool in the front yard, make this alternative neither desirable nor feasible. Another alternative proposed by the Chairman and supported by one of the opponent's attorneys was to move the pool partially under the deck or to remove the deck and construct the pool in its place. It should be noted that vertical deck supports could not be removed without jeopardizing the integrity of the deck Removal of the deck and moving the pool closer to the house would not be a complete solution. This would not eliminate the need for a variance, but merely reduce the amount of variance required. Furthermore, in these circumstances, a deck is hardly a luxury. Unlike the neighbors' home to the west which sits in the bluff area, the Cashy house does not afford an unobstructed view of Long Island Sound, whereas their deck would offer a limited water view. The Cashy's view of the Sound from their deck is integral to their enjoyment of their waterfront property. Again,moving the pool closer to the house would not eliminate the retaining wall, and would probably increase its height. Not parenthetically, the retaining wall issue is bogus. A retaining wall from the ground to the patio would be landscaped so as to shield the wall from view. Meanwhile, the neighbors, who now object to the retaining wall proposal, originally proposed a canvas cabana and canopy to obstruct noise. Presumably,this would rise more than 10 feet in height above the pool, as measured from the patio. This proposal is set forth in a letter from their attorney dated July 20, 2000, which was delivered by the opponents and placed in the file on their behalf. Either the objectants forget their original position or argue whatever is convenient. This vacillating approach of constantly moving from argument to argument makes their credibility more than suspect. Their testimony is merely a venting of their personal upset over the prospect of a neighbor's pool — to be used only intermittently for three months a year — intruding into their lifestyle. Whether one is an author, musician, artist or an electrician, plumber or contractor is of no consequence. Zoning is about land use, not personal predilections. With respect to the need for a variance, this is not an area variance application resulting from the bulk schedule or arising from accessory setback requirements. This application results from a determination ofthe Building Inspector that a swimming pool cannot be located in the bluff area since it is contrary to Southold Town Code §100-239 4A 1. In examining cases before the Board and then reviewing the Town Code, a fundamental problem becomes apparent: The framers of§100-239.4.A.1 were concerned only with buildings- 2 l . • perhaps not wanting the Board to expend time considering accessory structures. The provision reads: (1) All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. Town Code §100-239.4 (emphasis supplied) "Building" is defined as "A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property." -- Town Code- Zoning - Definitions "Structure" is defined as "An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings." -- Town Code- Zoning- Definitions "Swimming pool" is defined as "A structure containing an artificial body of water which is greater than six feet long or wide and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45° shall not be included in this definition " -- Town Code - Zoning - Definitions "Accessory building or structure" is defined as "A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building." -- Town Code - Zoning - Definitions 3 i , Y � 4 , At best, swimming pools are accessory structures. Structures per se are not included in the "Building" definition. This is not a question of interpretation, it is a question of jurisdiction. As accessory structures, swimming pools are not covered by this Section of the Town Code. Under the circumstances, Harry Cashy, Maria Misthos and their children should be able to install a swimming pool at the site designated. None of the contrary evidence is persuasive and it appears that the Town Code neither applies to nor.prevents this modest proposal. Dated: May 1, 2001 Respectfully submitted, CHARLES R. CUDDY, Esq. Attorney for Harry Cashy and Maria Misthos 445 Grilling Avenue PO Box 1547 Riverhead, NY 11901 (631) 369-8200 4 CIARELLI & DEMPSEY ATTORNEYS AT LAW JOHN L CIARELLI FAX.(631)369-5132 PATRICIA A.DEMPSEY 737 ROANOKE AVENUE - -• - P.O.BOX 488 RIVERHEAD,NEW YORK 11901 - - ' EDWARD T.MCINTYRE - , - - • OF COUNSEL -• . ' (631) 369-5100 May 1, 2001 By Fax &Mail 631-765-9064 Zoning Board of Appeals Town of Southold 53095 Main Road-PO Box 1179 Southold,NY 11971 Re: BZA Application of H. Cashy/M. Misthos Dear Ms. Kowalski: At the last BZA hearing held on April 19, 2001, the Chairman directed the applicant to submit a report on alternative siting for the project, and indicated we, as attorneys for the two next-door neighbors would have five (5) business days to reply to this information. At the same time the Chairman indicated the hearing would be closed as of May 3, 2001, thereby implicitly directing the applicant to comply with his request , by no later than April 26, 2001. Unfortunately, to date we have not received any information from the applicant. If the BZA has, in fact, received any such information, we would appreciate receiving this information. At the same time we would respectfully request that the hearing remain open in order for us to be able to submit a reply within the five business day deadline. Thank you for your consideration of this request. Yours truly, Patricia A. Dempsey PAD\ls Cc: Charles Cuddy •'.\ ZONING BOARD OF APPEALS j> ` TOWN OF SOUTHOL [ J 53095 MAIN ROAD SOUTHOLD , NY 11971 - 0959 ( 631 ) 765 - 1809 • FAX ( 631 ) 765 - 9064 FACSIMILE TRANSMITTAL SHEET TO: FROM: ZBA OFFICE STAFF 765-1809 COMP Y: r DATE: 5/0 ( FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 3 6 -S732_ ! 3 NOTES/COMMENTS: D f 0<1 �! ,.1/ / i GCS 1 / ' • ie (� L '" . ) " r ,1 ' . IA,� Q—vcO 0 Ce-cam-)6 § 100-13 SOUTHOLD CODE § 100-13 § 100-13 ZONING § 100-13 BREEZEWAY— Open construction with a roof projecting from the outside wall of a building, not to or occupied as living and sleeping quarters for seasonal fe exceed dimensions of 8 feet by 10 feet, connecting the occupancy. _ main building and a garage. Other types of attachments TOWN BOARD— The Town Board of the Town of t, which extend more than 10 feet,or exceed 80 square feet Southold. in area, shall not attach a main building to a separate building unless such attachment meets the requirements TOWNHOUSE— A dwelling unit in a building of livable floor area. [Added 5-31-1994 by L.L. No. containing at least three connected dwelling units 10-1994] divided by common vertical party walls with private entrances to each dwelling. A townhouse may include BUILDABLE AREA—The area of a lot remaining after dwelling units owned in fee simple or in condominium or the minimum yard and open space requirements of this cooperative ownership or any combination thereof: chapter have been met. TRAILER OR MOBILE HOME— Any vehicle mounted BUILDABLE LAND— The net area of a lot or parcel on wheels, movable either by its own power or by being after deducting wetlands, streams, ponds, slopes over drawn by another vehicle and equipped to be used for 15%, underwater land, easements or other restrictions living or sleeping quarters or so as to permit cooking. preventing use of such land for construction of buildings The term"trailer"shall include such vehicles if mounted or development. on temporary or permanent foundations with the wheels removed and shall include the terms"automobile trailer" BUILDING— A structure wholly or partially enclosed and"house car." within exterior walls, or within exterior and party walls, • and a roof, affording shelter to persons, animals or USABLE OPEN SPACE—An unenclosed portion of the property. [Amended 11-12-1997 by L.L. No.26-1997; ground of a lot which is not devoted to driveways or 12-8-1998 by L.L.No.27-1998] parking spaces,which is free of structures of any kind,of which not more than 25% is roofed for shelter purposes BUILDING AREA— The aggregate of the maximum horizontal cross section of the buildings on a lot, only, the minimum dimension of which is 40 feet and measured between the exterior faces of walls. which is available and accessible to all occupants of the building or buildings on the said lot for purposes of (1) The term"building area"shall include the following: active or passive outdoor recreation. (a) Balconies. USE— The purpose for which land or a structure is (b) Terraces, patios, decks and other structures arranged, designed or intended or for which either land above the finished grade. or a structure is or may be used,occupied or maintained. (c) Swimming pools, tennis courts and other USE, ACCESSORY—A use customarily incidental and subordinate to the main use on a lot, whether such similar structures. accessory use is conducted in a principal or accessory (2) The term"building area"shall exclude the following: building. WIRELESS COMMUNICATION FACILITY— Any unstaffed facility for the transmission and/or reception of wireless telecommunications services or other radio 10016 5-15-2000 10033 5-15-2000 • § 100-13 SOUTHOLD CODE § 100-13 (4) A street shown on the Town Official Map. STREET LINE— The dividing line between a lot and a street. STRUCTURAL ALTERATION— Any change in the supporting members of a building, such as beams, columns,girders,footings,foundations or bearing walls. STRUCTURE— An assembly of materials, forming a construction framed of component structural parts for occupancy or use,including buildings. [Added 12-8-1998 by L.L.No.27-1998] SWIMMING POOL— A structure containing an artificial body of water which is greater than six feet long or wide and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45° shall not be included in this • definition. TELECOMMUNICATION TOWER — A telecommunication tower is a type of wireless communication facility designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting tower, guy-wire support tower and other similar structures. A wireless communication facility attached to an existing building or structure shall be excluded from this definition. [Added 11-12-1997 by L.L.No.26-1997] TOURIST CAMP— Any lot, piece or parcel of ground where two or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located,said camp being,operated for or without compensation.2 TOURIST COTTAGE—A detached building having less than 350 square feet of cross-sectional area, designed for 2 Editor's Note:See also Ch.88,Tourist and Trailer Camps. 10032 s-15-99 • • r TRANSMISSION VERIFICATION REPORT r TIME : 05/02/2001 12:38 DATE,TIME 05/02 12:37 FAX NO./NAME 3695132 DURATION 00:01:33 PAGE(S) 03 RESULT OK MODE STANDARD ECM 5 \D\� 11 \ `v; ra O ' CHARLES R.CUDDY 1� { i ; ' 2 ATTORNEY AT LAW /, p� 445 GRIFFING AVENUE ✓ RIVERHEAD,NEW YORK Mailing Address. TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail. crcuddy@earthlink.net February 27 , 2001 HAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Ravitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at the westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill ' s consent, that this matter be adjourned 'to the March 15th meeting of the Board. Very truly yours, 0(4.47 Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg APPEALS BOARD MEMBERS r gfe % FFOL4 =, 1�����® ®G Southold Town Hall Gerard P Goehringer, Chairman .` ir, ��. 53095 Main Road James Dinizio, Jr. y - P.O. Box 1179 Lydia A. Tortora • % y;,.' �t Southold, New York 11971 Lora S. Collins p-•0' ZBA Fax(631)765-9064 George Horning = 1 *.0"*., Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prep. 3/19/01 AGENDA SPECIAL MEETING THURSDAY,APRIL 19, 2001 6:30 p.m. I. STATE ENVIRONMENTAL DUALITY REVIEW\DECLARATION: Type II Category under SEORA Statewide List: II. PUBLIC HEARINGS: (Should your presentation be lengthy, please provide a written copy of your statements, which is made a permanent part of the record.) 7:00 p.m. Carryover hearing: • Appl. No. 4837 — H. CASITY: (Continued from 2/28; 3/15). This is a request for a Variance under Article XXIV, Section 100-239.4A.1 to locate an accessory swimming pool and hot tub construction at less than 100 feet from the bluff of the Long Island Sound; 1900 Hyatt Road, Southold; 50-1-3. III. DELIBERATIONS/DECISIONS (as deemed appropriate by Board): all pending applications. IV. RESOLUTIONS/UPDATES/REVIEWS: • 1. Resolution to Approve Minutes of the following Meeting(s): 2. Resolution. After discussion, review and updates on pending applications; Resolution confirming status and sending reply to applicant(s) or other action as deemed appropriate by the Board; also confirmation of the following calendars: May 3, 2001 — Regular Meeting and Public Hearings; deliberations/decisions/resolutions. V. EXECUTIVE SESSION (if any). ! APPEALS BOARD MEMBERS ,�� SQFFO`/r ��i�p eek Southold Town Hall Gerard Goehringer, Chairman �� i : James Dinizio, Jr.P. • 53095 Main Road `y �A� P.O. Box 1179 Lydia A. Tortora PPI'$ Southold, New York 11971 Lora S. Collins _l' ���_. ® ZBA Fax(631)765-9064 ' George Horning =- 1%*.' � Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 19, 2001 To: Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Ciarelli & Dempsey, Esqs. 737 Roanoke Ave. P.O. Box 488 Riverhead, NY 11901 Re: April 19, 2001 Hearing - Appl. No. 4839 (Cashy/Misthos) Dear Sir or Madam: As a follow-up to my communications dated March 14, 2001 and the public hearing held March 15, 2001, this will confirm that the hearing has been extended as requested regarding the above application, for a continuation on April 19, 2001 at the Southold Town Hall, 53095 Main Road, Southold, New York. The hearing time has been scheduled for 7:00 p.m. Thank you. Sincee-eiy yours f,. GERARD P. e - ,' GE- CH A AN 0dl/ 3//5/Ol al'h--9 ZONING BOARD OF APPEALS G� TOWN OF SOUTHOLD X In the Matter of the Application of Appeal No 4837 H. Cashy/M. Misthos X The applicants request a variance to construct a swimming pool and brick patio which extend 26 feet into the 100 foot setback from the bluff area. The application before this Board is grounded in the provision of the Town Code that permits accessory uses, including swimming pools (Town Code § 100-31(C)(4). Swimming pools are thus recognized as customary and incidental uses to residences. Contrary to contentions made on behalf of the neighbors Butz-Ravitch, the basis is not mere convenience and the standard is not practical difficulty as set forth in the cases referred to and annexed to the memorandum submitted on behalf of Butz-Ravitch. It may and should be argued that a variance seeking relief from the bluff restrictions (§100-239.4(A).1) is a unique variance. It is not simply a set back or area variance based on the bulk schedule, rather it is founded on a specific section of the Code. There may be other criteria for evaluation but as recognized by the parties appearing, both pro and con, bluff stabilization and drainage are central factors. The Board itself recognizes the stabilization issue by engaging the Suffolk County Soil and Water Conservation District to review the integrity of the bluff in connection with each application. If also viewed as a traditional area variance then the factors to be considered must include the balancing test- not practical difficulties. (Town Law §267-b) This was set forth by the Court of Appeals in Sesso v. Osgood 86 N.Y. 2nd 374, 633 N Y.S.2nd 254 (1995). It is submitted that cases relying on•the practical difficulty standard are not on point Moreover, the cases cited stand for the proposition, which is a standard in Article 78 proceedings, that the courts will not set aside a determination supported by substantial evidence. The cases denied a variance. Conversely, decisions approving a variance supported by substantial evidence are sustained. In applying the balancing test to the Cashy application there is minimal detriment to the health, safety and welfare of the neighborhood or community. (1) There will not be an undesirable change in the character of the area by locating a swimming pool 74 feet from the top of the bluff. Swimming pools and decks have received variance approval from this Board without changing or adversely affecting the community. To assure that the pool will have minimal affect on nearby properties the applicant has employed engineers to remedy any drainage problems, has moved the hot tub and pool, engaged an acoustical engineer and hired a landscaper to install a buffer of shrubs and trees. It should also be noted that the swimming pool is open for use only 3 months of the year. Not parenthetically, the homes on the adjoining lots extend farther into the bluff area than will the Cashy/Misthos pool. (2) The location of applicant's house, the placement of which was dictated by the Suffolk County Department of Health Services requirements for the distance between wells and cesspools, does not permit the applicant any alternative but to place a significant part of the pool and patio in the bluff area (3) The variance requested is 26 feet or 26% . The Zoning Board has frequently granted variances of at least 30% and also granted variances where the structure to be 2 'Y • v , constructed was closer to the top of the bluff (4) By carefully considering drainage concerns, agreeing to install sufficient catch basins and to have the project monitored by its engineer, the applicant has actually eliminated the problem of rain water run off. The movement of the pool and hot tub, as well as installation of additional landscaping, should eliminate adverse physical or environmental impact. (5) This is not a case of self created hardship. Based on Health Department requirements the house was located near the bluff set back line The set back problem was not voluntarily created by the applicant. Here the Cashy/Misthos application requests that a swimming pool and patio be constructed to complement their home. They will expend effort and resources to reduce any negative impact this will have on their neighbors including additional landscaping and drainage. While respecting the sensitivity of their neighbors, the uses of the Cashy/Misthos property intermittently over a 3 month period for family swimming cannot and do not create any greater noise problem than other play activities of children or of their parents. Despite protest to the contrary the real opposition to the pool is the Butz-Ravitch claim that during some period in the summer months the tranquility they cherish will be disturbed. The attempt to stop the Cashy family from enjoying their property is, in reality, subjecting the Cashy's to the Butz-Ravitch standards for seclusion and apparently a cloistered setting Although on a lot with virtually no side yard, their house was erected in the bluff area and purchased after the Cashy's constructed their home. They seek to impose a structured lifestyle on their neighbor and prevent their neighbor from making use of their site as many others do on the pretext that the swimming pool will cause undue noise. 3 The evidence and everyday experience does not support the Butz-Ravitch claims. Noise is not amplified by the swimming pool or greater than in any other ambient activity The applicants have re-located the hot tub, moved the pool, added landscaping and through its engineers have assured the Board that drainage will not be a problem. The applicants have agreed to employ their engineers during the construction process to certify the absence of a drainage problem to the building department at the conclusion of construction. Based on the mitigation measures, the response to neighbors' concerns, the stabilization of the bluff and employing the balancing standards, the application should be approved. Dated: March 15, 2001 Respectfully submitted, Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 4 FEB-23-01 21"31 FROM: P ID: PAGE 4/5 f�Q George K.Penesis,P.E. (j°E 33-41 149th Place 1 I� Flushing,NY 11354 718-886-3239(Home) EMPLOYMENT HISTORY Noise,Air,Water Quality,Transportation/Traffic Analyst 4/94-Present Konheim&Ketcham,Brooklyn,NY Highway noise analyses using STAMINA 2.0/OPTIMA and TNM.Perform measurements,computer modeling of community noise levels and noise barrier design. Mobile source air quality analyses using Cal3QHC and stationary source analyses using ISC.Traffic analysis using HCM,signal optimization using Synchro,microscopic simulation using SimTraffic and CORSIM,planning studies using TRANPLAN,high accident location analysis. Demographic studies using Mapinfo,familiar with TransCad and ArcView. Surface and ground water analysis,Toler method for impacts of de-icing salts.Part of a team that created a WEB site to increase public participation in the transportation planning pi ocess. Maintain office network 15 computers,provide computer support for all staff and share responsibility for the purchase of new software/hardware. Air/Water Quality Analyst&GIS Manager 10/92-4/94 McKeown&Franz Inc.,NY,NY Responsible for computer-based analyses,including mobile and stationary source air quality impacts, groundwater modeling,and computer mapping.Extensive experience using MOBILE,CAL3QHC. Modeled the dispersion of emissions from a medical waste incinerator using ISC dispersion modeling software. Responsible for all aspects of computer aided design(CAD)drawings for mobile and stationary source analyses and for documentation of the analyses for regulatory review. Investigated emerging environmental technologies for potential investors. Adjunct Lecturer 9/92-5/95 New York University Taught Calculus,Algebra&Trigonometry,Math 1 &2 and Math Stategk.s to adult students in the School of Continuing Education. Used the Internet and mathematics software to enhance the standard curriculum. EDUCATION The Cooper Union for the Advancement of Science and Art Master of Mechanical Engineering May. 1993 Graduate GPA 3.7/4.0 Bachelor of Mechanical Engineering May, 1991 Cumulative GPA 3.2/4.0 Major GPA 3.2/4.0 LICEN$URES AND CERTIFICATIONS Licensed Professional Engineer in New York State Completed PTA Training Course on Transit Noise and Vibration Impact Assessment Completed Advanced Mapinfo Workshop MEMBERSHIPS National Society of Professional Engineers TRB Committee on Transportation Noise and Vibration Institute of Noise Control Engineers COMPUTER/MODELING SKILLS Traffic Engineering/Planning—HCM,Synchro/SimTraffic,CORSIM,TRANPLAN Noise Analysis-STAMINA 2.0,TNM Air Quality Modeling-MOBILE 5b,CAL3QHC,ISC . Groundwater Quality Modeling-MODI LOW,RANDOM WALK GIS-Mapinfo,ArcView,Maptitude,TransCad CAD-AutoCAD 2000(proficient),MicroStation(familiar) FEB-23-01 21 . 31 FROM. ID. PAGE 5/5 . Detaked project experienc Noise Analysis: • LIE Exit 63-67 (5 miles),Suffolk County,NY Noise measurements(20 sites),computer modeling of existing and future noise levels and noise barrier design. ▪ Route 112 reconstruction(1.5 miles),Suffolk County,NY Noise measurements(15 sites)and computer modeling of existing and future noise levels. Shore Parkway Improvement Study,Brooklyn,NY:Noise measurements(10 sites)and computer modeling of existing and future noise levels_ • Route 25 Reconstruction(3 miles),Suffolk County,NY. Noise measurements(16 sites)and computer modeling of existing and future noise levels. ▪ Hutchinson River Parkway Design Study,Westchester County,NY. Noise measurements for a 3- mile improvement project. ▪ West Hills II Development Noise Mitigation,Suffolk County. Assistance on the design of a noise barrier to reduce the impacts of highway noise on a residential development. • New York Helicopter Noise Coalition. Measurement and analysis of community noise impacts from commercial helicopter operations. Acoustics Research: • Investigation of the feasibility of pyrotechnic shock simulation using air guns. (Master's Thesis) Mr quality analysis for mobile source networks: • Route 25 Reconstruction,Suffolk County,NY. Microscale air gaiality analysis following NYSDOT procedures. Selection of intersections to be modeled,selection of emission factors,dispersion modeling for CO impacts at two intersections. • Route 112 Reconstruction,Suffolk County,NY.CO Dispersion modeling at one intersection. • Cross Bronx Expressway,Bronx,NY. Air quality analysis for evaluation of CO impacts,both within a tunnel,and on a network of street-Ievel receptors. Performed research and developed methodologies for estimating CO concentration within the roadway mixing zone and the amount of pollutant recirculation between adjacent tunnel portals. • Nicholls Plaza Carrefour Development DEIS,Brookhaven,NY. Analysis including carbon monoxide(CO)impacts on 8 receptors and 33 links. • Verrazano Narrows Bridge One-Way Toll Study,Staten Island and Brooklyn,NY. Air quality impacts on 13 receptors and 55 links. Stationary Source Air Analysis: • Roswell Park Cancer Center Incinerator,Buffalo,NY. Stack height determination using ISC2 dispersion modeling software;pollutant impacts analysis over a complex network of receptors. Transportation Planning/Traffic Analysis • FHWA Smart Growth Case Studies Project-For the Federal Highway Administration,reviewed growth management practices employed by MPOs nationwide. Selected three locations to be the subject of case studies detailing the techniques used to quantify the benefits of their growth management programs. • Grand Central Parkway/BQE Connectors,Queens,NY. CORS IM traffic simulation of two-mile segment of Grand Central Parkway. Calibration of existing conditions model,testing of roadway and signal timing modifications to reduce congestion and improve safety. • Triboro Bridge Toll Plaza Redesign,NY,NY. Determine impact on toll revenues of toll plaza redesign,phased construction,addition of new ramps to Randall's Island,expansion of Randall's Island sports activities.Helped to develop traffic assignments,ba lanced networks,created spreadsheet for estimating energy and air quality impacts of proposed changes. • High Accident Locations,NY,NY.Creating accident database and collision diagrams for about 3,000 accidents at eight separate locations,identifying non-standard geometric features and relating them to accident patterns, making recommendations for safety improvements. • Queens Boulevard Bridge Reconstruction,NY,NY TRANPLAN was used to estimate diversion of traffic that would result from closing one lane of the QBB for reconstruction. I assisted in the plausibility analysis of the results produced by TRANPLAN_ • Presbyterian Hospital Expansion,NY,NY.Reduce traffic data collected at nine intersections, balance traffic networks,perform HCM and Synchro/SimTraffic runs to evaluate project impacts, design traffic mitigation measures.Develop maps of on and off street parking. Analyze origin and destination patterns using GIS(Mapinfo). Groundwater Quality Analysis: Nicholls Plaza Carrefour Development DEIS,Brookhaven,NY. Groundwater quality analysis requiring a detailed source inventory,as well as execution and interpretation of the model calculations (MODFLOW and RANDOM WALK computer models). • Route 112 reconstruction,Suffolk County,NY Toler method for impacts of de-icing salts,PIMA model for effects of auto emissions on surface water and groundwater and federal sole source aquifer analysis. FEB-23-01 21-30 FROM: ID: - PAGE 2/5 My name is George Penesis,P_1✓_, and I am an expert consultant on environmental acoustics, a licensed professional engineer and a member of i he Institute of Noise Control Engineering. I have conducted several noise analyses to assess the impacts of highway traffic noise and designed noise barriers for impact mitigation_ I have also measured helicopter noise at a Manhattan heliport. My Master's Degree thesis was in acoustics research. My curriculum vitae is attached. I have reviewed Mr.Paciulli's testimony with regard to the Cashy variance and have the following comments_ Testimony Excerpt#1 "If you can understand that all sides of this property are now enclosed, two by semi, semi-absorptive sides-it's the natural bluffs to the northward and to the east of the property." Response to Excerpt#1 It is reasonable to think that the"natural bluffs"would be more than semi-absorptive,if their surface is covered with soil and/or vegetation. They would be very absorptive_ Testimony Excerpt#2 "However,you're going to be installing one that is not going to be of use to sound absorption at all which will be the water, OK, sound moves across water extraordinarily quickly_ It actually tends to accelerate sound pressure due to the nature of you know the phenomenum [sic] of the water itself." Response to Excerpt#2 Sound does not move across water quickly. Sound moves through water faster than it does through air. According to Cowan's Handbook of Environmental Acousticsi,the speed of sound, at 70 degrees F,is 1,128 ft/sec in air and 4,920 ft/sec in sea water_ Water does not"accelerate sound pressure". If the intended meaning was intensify pressure,no medium which is passive,i.e. does not supply energy to the sound that is passing through it,can intensify the pressure of the sound passing through it. The"most the medium can do"is allow the sound to pass through it unattenuated. Similarly,no passive surface(water, wood,metal) can intensify sound by reflecting it. The "most it can do" is reflect the sound without attenuating it. Handbook of Environimental Acoustics,James P.Cowan,Van Nostrani t Reinhold,New York, 1994 Table 1-1 on page 8. FEB-23-01 21 : 30 FROM: ID: - PAGE 3/5 u • , :4 1 Testimony Excerpt#3 "So you're creating a bowl more or less of collection,of sound collection and the only place it really has to go is the place of least resistance which is the lowest elevation.__" Response to Excerpt#3 The implication that the sound will be collected in a bowl and"spill"down to the lowest elevation,in the way that water might,is wrong. Sound waves are not influenced by gravity in the way that is implied. General comments on Mr.John Paciulli's testimony and Curriculum Vitae Mr. Paciulli's testimony does not quantify the noise impacts that are alleged. Without calculation of the noise levels that are likely to result from the proposed activity, and comparison of these levels with existing noise standards and ordinances, it is not possible to state conclusively what the noise impact of the proposed action will be. In order to quantify any potential impact,ambient noise leve I s should be measured and the noise characteristics of any equipment, such as pumps,that are proposed for use with the pool should be obtained from the manufacturer. With regard to noise generated by • people congregating at the pool or hot tub, it is difficult to say what this noise level will be since it depends on the behavior of the people. The distance between the pool/hot tub and the noise receptor is also an important factor. Based on his CV,it appears that Mr. Paciulli has considerable experience in lead-based paint and asbestos inspection. His CV does not,however,document extensive experience in the field of noise analysis and control. In the section titled"Pertinent Experience",it is stated that Mr. Paciulli"has been retained to conduct sound pressure level audits"and"has been qualified for testimonial [sic] as an expert in the field of environmental hazard noise pollution and control". However,no further proof of his knowledge or experience in noise analysis and control is provided. _ \ 1 �\ AFFIDAVIT HARRY CASHY, being duly sworn, deposes and says : 1 . With my wife, Maria Misthos, I own a home at 1900 Hyatt Road, Southold; 2 . We have made an application to permit us to construct a swimming pool and patio which will extend to the bluff area; 3 . The swimming pool is an integral part of our use of our home during the summertime and it will permit my wife, my children and myself to use and enjoy our home; further, it will permit our family to have recreational use of our parcel during the summer months . It will allow us to be together with our children. We have engaged engineers, landscape designers and other consultants to ensure that the swimming pool is properly constructed to have a minimal adverse impact on our neighbors . We respectfully request that our app/ pp ,cation be granted. At Hai y Cashy Sworn to before me this J '\day of March, 2001 . 416WY2 di. 9asje . SW,. 01906o72z7hf/ tLQc- Not a r, �i �,. u+diugu t 24,2.42-a 01,0a12001 15:00 53135- 90 CHARLES R CUDDY PAGE 02/0 0 3bity 4E1_ A TIDAVIT ROBERT SCALIA, being duly sworn, deposes and say's: That 1 am a licensed real estate broker and own and operate Century 21 Albertson Realty in the Town of Southold. I airy familiar with the marketing and sale of residential property and have been involved with literally hundreds of sales of homes throughout the Town of Southold. Many of the homes which I have sold have swimming pools. 's a.ny other homes that I have sold have been located next to parcels which have swimming pools . The fact that a swimming pool has been constructed at a home does not adversely affect the market value of a home on adjoining property_ In particular, I am aware that the home on the west side of the `;.ashy parcel is close to the property line and that the Cashy pool and. adj acen.t . patio will extend into the bluff area. Based upon my experience ;in the sale of residential parcels with a pool , on the adjoining parcel, the presence of )f-he swimmifig pool and patio at the Cashy residence will not adversely aff`/eot the market value of the Butz and Ravitch home._/1_,A6, __hj . r' r / Robe fT Se6aiia Sworn to before me this i day ' of January, 2001. —747______ ., `/ K4) / , . , . , . . . , , I�Otary, , .. - .,.• EDWINA U CALI.EN, Notary Public State of=New York' - • - No,4991462 Qualified m Suffolk Cou Commission Expires February 3, CU;kJ4 2F9:JL Lb: al 63136`- '80 CHARLES R CUDL1V PALiE K12/U { AFFIDAVIT ROBERT SCALIA, being duly sworn, deposes and says: That I am a licensed real estate broker and own and operate Century 21 Albertson Realty in the Town of Southold. I am familiar with the marketing and sale of residential property and have been involved with literally hundreds of sales of homes throughout the Town of Southold. Many of the homes which I have sold have swimming pools. Many other homes that I have sold have bean located next to parcel.. which have swimming pools _ The fact that a swimming pool has been constructed at a home does not adversely affect the market value of a home on adjoining property. In particular, I am aware that the home on the west side of the Cashy parcel is close to the property line and that the Cashy pool and. adjacent patio will extend into the bluff area.. Based upon my experience in the sale of residential parcels with a pool on the adjoining parcel, the presence of ,the swimm' ig pool and 2 • will not advar patio at the Cashy residence ely of_ the market value of the Butz and Rav itch home. 1�.Ii- / ...16‘___ ,oberr, £alia Sworn to before me this t day of January, 2001. ..._j.-____:___ - • Notary; ubiic ., , -' EDWINA L CALLE,N; Notary Public,State of New York No.4991462 Qualified in Suffolk Coot" �� Commission Expires February 3, . kJlr LI+-1+`AIe71 lb:FIM 6:i1�b`� CHARLES F: 011)U'r 1110F'�",inE G�li N:i AFFIDAVIT ROBERT SCALIA, being duly sworn, deposes and says: That I am a licensed real estate broker and own and operate Century 21 Albertson Realty in the Town of Southold. I am familiar with the marketing and sale of residential property and have been involved with literally hundreds of sales of homes throughout the Town of Southold. Many of the homes which I have sole have swimming pools. Many other homes that I have sold have been located next to parcels which have swimming pools . The fact that a swimming pool has been constructed at a home does not adversely affect the market value of a home on adjoining property. In particular, I am aware that the home on the west side of the Cashy parcel is close to the property line and that the Cashy pool arid, adjacent patio will extend into the bluff area. Based upon my experience in the sale of residential parcels with a pool on the adjoining parcel, the presence of ;she swimm' g pool and patio at the Cashy residence will not acre ely affe ,. the market value of the Butz and Ravitch home. :/ z' ii„,/,i ./ 4de„..._ ✓ C.01.._ 7 Fober,, alis Sworn to before me thistday of January, 2001. ,...,/ _____‘/ . . „ i o,tary uhlic MAMMAL CALLENy , Notary Public,State()New York' ' No.4991462 Qualified in Suffolk Coup,��� Commission Expires February 3, • ''' FFO` 1111 APPEALS BOARD MEMBERS �,�� V r' \s 00Southold Town Hall Gerard P Goehringer, Chairman ��_ : 53095 Main Road James Dinizio,Jr. P.O. Box 1179 Lydia A.Tortora ; • 0 Southold, New York 11971 Lora S. Collins °j'*/ x, ®�/ ZBA Fax(631) 765-9064 George Horning �= •�l $-.1'. Telephone (631) 765-1809 ��.. .0° BOARD OF APPEALS TOWN OF SOUTHOLD March 14, 2001 By Fax Transmission 369-5132 • John L. Ciarelli, Esq. Ciarelli&Dempsey 737 Roanoke Avenue P.O. Box 488 Riverhead, NY 11901 Re: Appl. No. 4837—Cashy Application Dear Mr. Ciarelli: This will confirm that the public hearing will continue as scheduled for the ZBA's March 15, 2001 meeting in order to receive testimony from all persons appearing at that time. It is recommended that your office representative also attend the hearing, which has been calendared to begin at 7:50 p.m., or as soon thereafter is possible. After receiving testimony from persons appearing at that time, the Board will consider your request for additional time. It is possible that additional time will be extended to the April Meeting to receive final documentation and testimony, either orally or in writing. Very truly y. " , Gerard P. oehringer Chairman cc: Charles R Cuddy, Esq. T 1 RANSMISSION VERIFICATION REP , TIME : 03/15/2001 15: 02 DATE,TIME 03/15 15:01 FAX NO./NAME 3695132 DURATION 00:00:30 PAGE(S) 01 RESULT OK MODE STANDARD ECM n 0 TRANSMISSION VERIFICATION REP TIME : 03/15/2001 14: 59 DATE,TIME 03/15 14:59 FAX NO./NAME 3699680 DURATION 00:00: 31 PAGE(S) 01 k RESULT OK MODE STANDARD ECM 03-12-01 13: 10 CI ARELL IDEMPSEY ID=6316 47633 P01/03 CIARELLI &DEMPSEY 737 Roanoke Avenue P.O. Box 488 Riverhead, NY 11901 (631) 369-5100 Fax (631) 369-5132 TELECOMMUNICATION COVER SHEET DATE: r TO: oh' rI oa.v. o t fte �.� .e.,-...„4„4„.. a FAX NO. (6 5)) 7b — 9%4 FROM: z, ir' 2 J cE RE: ZA _ 01- 4 C () NUMBER OF PAGES INCLUDING THIS ONE: - If you have any problems with this telecommunication,please call us immediately at(631)369-5100. COMMENTS: ' The information contained in this facsimile message is attorney-privileged and confidential information intended only for the use of the individual or entity named above, if the reader of this message 3s not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, disclosure or copying of this communication is strictly prohibited.' If you have received this communication in error,please immediately notify us by telephone and return the original message to us via the U.S. Postal Service. APPEALS BOARD MEMBERS fib' ,,�'���FF04 ���00 x..-„; - `'®G Southold Town Hall Gerard P. Goehringer, Chairman �'_ • y.04: 53095 Main Road James Dinizio,Jr. ; :x i P.O. Box 1179 Lydia A.Tortora ;:` ��� Southold, New York 11971 Lora S. Collins �' 4 0' ��� ZBA Fax(631) 765-9064 George Horning '�ol HJig *•111. Telephone (631) 765-1809 -00 BOARD OF APPEALS TOWN OF SOUTHOLD March 2, 2001 To: Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Anthony B. Tohill, P.C. 12 First St. P.O. Box 1440 Riverhead, NY 11901 Re: Appi. No. 4837 — Cashy Application Gentlemen: This will confirm that the hearing regarding the above variance application has been recessed as requested to the Board's March 15, 2001 T” ' e`-iearing is calendared for 7:50 p.m. and will take place at the Southold Town Hall, 53095 Main Road, Southold. Sincerely yours, GERARD P. GOEHRINGER CHAIRMAN 03/14/2001 12:33 6313 i80 CHARLES R CUD PAGE 01/01 5../k;IVq CHARLES .CUDDY A7TCRNI;Y AT LAW• 445 C RI FFING AV'TN L"6 RIVaHEAD,NZW YORK M a;lix AsItlies: TEL (G31)369-13200 O0 P.O.Box 1547 FAX: (631)369-980 Riverhead,NY 11901rcv(140eartill ink..net March 14, 2001 Via Fax: 309-8132l; 7�- f i /�` 1 John L. Ciarelli, Esq. • 1i 1'1 Ciarelli & Dempseyi PO Box 488 Ij I MAR 4 200( €� ��i Riverhead, NY 11901 - 1.L__/: f:t i Re: Boning Board of Appeals/Cashy _ M__ _",•� --- ,.•� _� 1900 Hyatt Road, Southold Dear Mr. Ciarelli: received your letter of March 12, 2001, requesting an adjournment of the above application which is on the Zoning Board of Appeal's calendar for March 15, 2001. I have regularly made an attempt to honor requests from other attorneys, however, in this instance I cannot consent to the adj ournment. This matter has been adjourned previously and was scheduled to be heard as recently as two weeks ago. It was then adjourned with the expectation that the objectants, you now represent, would settle their dispute. This has not occurred and the applicants wish to proceed at the hearing on March 15, 2001. Very truly yours, Charles R. Cuddy CRC/pc cc: Zoning Board of Appeals 03-12-01 13: 10 CIARELLIDEMPSEY ID=6316947633 P02%03 5 x'3�l3 CIARELLI & DEMPSEY ATTORNEYS AT LAW TORN L CTARF.U.T FAT(691)369-51.32 PATRICIA A.DEMFSEY 737 ROANOKE AVENUE P.O.SOX 488 RIVERHEAD,NEW YORK 11901 EDWARD T.MC.IN7YRR OF COUNSEL (631) 369-5100 March 12, 2001 VIA FACSIMILE1631)765-9064 Zoning Board of Appeals Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 Attention: Linda Kowalski, Secretary of Board Re: BZA Application of H. Cashy/M. Misthos Appeal No.4837 Out Clients: Mary Butz and Diane Ravitch Dear Ms. Kowalski: Please be advised, we have only now been retained to represent our clients' interests in this pending application based on their neighboring property's location, to the immediate east of the Subject Premises. The change in attorney was necessitated to insure our clients' representation at the next hearing on the application. At this point,we have just today received our clients' former counsel's file, based on which we can determine if we need to review the board's file, as well as other records of the Town. At this pont, we are very interested in learning if the Town maintains; 1) aerial photographs. of this area; and 2) records of other swimming pools in the area of the bluffs, and if so, reviewing same. At this late day we would need an adjournment of the next public hearing scheduled for March 15, 2001. An adjournment would not prejudice the applicant since there has been little or no activity on this application since October 19, 2000, the date of the last hearing. We will be requesting this adjournment at the hearing unless it can be considered by the Board in advance of Thursday's meeting. We would respectfully ask that this request be considered as soon as possible. 03-12-01 13: 11 CIARELLIDEMPSE7 ID=6316547633 P03/03 i CIARELLI 8 DEMPStT Attorneys at Law Please advise. Thank you for your consideration of this matter. You s truly, '...--'" i b (ijat. - L JOHN L. CIARELLI JLC/tr Z01.-. AG BOARD OF APPEaLS TOWN OF SOUTHOLD ( 631 ) 765 - 1809 FAX ( 631 ) 765 - 9064 53095 MAIN ROAD SOUTHOLD , NY 11971 - 0959 FACSIMILE TRANSMITTAL SHEET TO: FROM: ZBA OFFICE STAFF 765-1809 COMPANY: DATE: t FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 049 %° IP PHONE NUMBER: RE: ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY❑ PLEASE RECYCLE NOTES/COMMENTS: ,/ e ,egy 2,,e5/4 1 J, RANSMISSION VERIFICATION REPORT TIME : 03/12/2001 15: 55 DATE,TIME 03/12 15: 54 FAX NO. /NAME 3699080 DURATION 00:01: 07 PAGE(S) 03 RESULT OK MODE STANDARD ECM Pi !t CHARLES R.CUDDY I " f' 2 7 r 2 f I ATTORNEY AT LAW aL 1 /` 445 GRIFFING AVENUE RIVERHEAD,NEW YORK . Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net February 27 , 2001 BAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Ravitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at the westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill's consent, that this matter be adjourned 'to the March 15th meeting of the Board. Very truly yours, (2-4-a/r Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg ({" 1 �4! CHARLES R.CUDDY # '°1 il ( FEB 27r: ATTORNEY AT L AW 445 GRIPPING AVENUE RIVERHEAD,NEW YORK m Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net February 27 , 2001 HAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Ravitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at the westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill 's consent, that this matter be adjourned 'to • the March 15th meeting of the Board. Very truly yours, Calt—Ler Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg .. F I••04/64 i ‘....) 7 i \ / 4 Co • 4044 , A_ / , <0 % '28•00, OPOCitiND / *41 . 0* / Co 0 4, P,:6, ivc. 4104! . .77 ‘P:z. 44/..9 / / / ', cV / '' V .,• • ,1:5 . . ' / 0 ;-$ \ I r.z. / 41 I I .2 I I / / , 1 , ,\, c, • •P --A / / //e/// / / / / / / 1 / / / / 1 /7&) '`q) _82 •,40 4 r4 7 4 c / f i / / / //,/ 1 //// / / / / / lip?? 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O 4 .t, 2 ' •, 43&)(\i'v0v (o/ 'T•siiE.4c Nip,.,,,,, --_,_ _ ____ -..-i r 1,% Ac " ..„---_\ \ 4, 4,. c, :. 4 _ .1.. :. c,3cv N./.....__-.4,...,4, 0.t7,94ke, ,r; --- ..-4(11 /0'0- &; ciA, iu49 6•4 .....//9.8. --, .cik. z, 7,? • . • • / v 4 • ____---,/ , "- • 36 Z /A . /4, cv,. en?, .0, 6,,e 4 a cc, a' ---- 43.4. - ...6. „..........6, / x Atot;........._ IF %• # 4 it ---.---.. w.2-, 0 I 6e‘-`° / / *--,',0 s-1*s --- if‘ ' • --It. ; 1,\, * /R. 0, 14- • ...t API*6- .- c?-7, • (.0"- 00,0 0441 _ ,---'; . / ''''.F A,r4st- .4,,, 44, 4 . 4 • \ • ------..'s,3. , cv - ' .• Ckz: • f BELGIUM BLOCK OU z "--5-„te ` -• 36. a 411 4'CESSPO8L (DIxcc, Re s97,Pivel e c3 4'Z 'i'lf"6 -'"Ia'")?/ x.3,6? .4., f to 1 " v - • 2 __ ' '. .....P_4 tii, "*--..11,,,,,,, i7.0pdt -..---- .4, . z'.‘ --, ----,... 0,, . --.4 01*11A .....••• 4 •I\ 4 4 1,•••••. • 4 . — 0 4! 4. •. - . / a- I § e 4,• 01.0?6, _-....,.511 ., ikti 47 , . .... cli 1$7441— 4-0;01 '— 44;'' ' • 1..4 ' ,•1 "/ 'T . 4, • .. k g , 0 0 44 lf, - •<, 41 :. . o , . • - -• . E., , , 4, .6. i . , , 4 3 c.'. ,4 ' . /9'. , / .. 4 cl - 4/7 „, .. 555 4A •, ; • (.60 / 0 , I tf) 4-• , ..) •Q . .,_ • , . ,. ,.. , • , ; r 44?4'a 41;•, 464 ce• .0 C.F..- 0„‹-eo -9?., i 44,. 45'4 4DY., i MAP OF PROPERTY o?au A .. 7) SITUATED AT , i.,„- .. . 4 . • j , .. . 1 HORTON POINT I TOWN OF SOUTHOLD , c 1 IFFY) ! v rni 1 NTY N FW YnPV L \ n .1 5{1! f j I IT -----:-'---L-------1--,—: LLL.a \\,, � _ ` CHARLES R.CUDDY 1} EBilti f ' J ATTORNEY AT LAW 'l •, / /,` 445 GRI FFI NG AVENUE �` ! �� RIVERHEAD,NEW YORK ,�_. / Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail. crcuddy@earthlink.net February 27 , 2001 HAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Rilvitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at tie westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill 's consent, that this matter be adjourned to the March 15th meeting of the Board. VeryCe2 truly yours, 4,Gg-�" l Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg 12/06/2009 10:20 63136 CHARLES R CU' Dv. PAGE 01101 vo/ e CHARLES R. CUDDY Attorney at. Law • 445 Griffing Avenue Riverhead, New York 11901 Tel #631-369-8200 Fax , 6'31 69 080.�7 TO: Zoning Board of Appeals _© ���'--._ l�\y/7 Fax #: 765-9064 - DEC ' 6 L��Q � IIII �t ! Total Number of pages including cover sheet: I --' If transmission is faulty or incomplete, please inform us as soon as possible. Operator: Catherine Date: December 6, 2000 • COMMENTS: Re: easily - ZEA - Southold Through their attorneys, the parties have not been able to get together because of serioue scheduling difficulties. We anticipate meeting shortly. However, upon consent, we request that this matter be rescheduled to the Board's meeting in January. Charles R. Cuddy This fax transmission together with materials following are intended for the person or persons named hereon and are considered confidential information. It you have received this transmission in error, you are directed to return these materials immediately by regular mail to the sender at the above address. Postage incurred for the return will be paid by this firm. v+.+rr i=�rtr:_": _ '� �---. :..,:. �s.,+�.l..xizsos,.wn.a3+..,. -,...e+z� .� _.v..,,,.::vts.._;,=.-fir.�s.:.., -•, hc.._ `.rac;.. :...v;.:" ..<�_ .. _......� " - .. i_ :::_i-..:�.-rte :ctiJ ic. APPEALS BOARD MEMBERSSVFFO(4-- - Southold Town Hall Gerard P. Goehringer,Chairman 01.% Gym? 53095 Main Road James Dinizio,Jr. y = P.O. Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S. Collins / ZBA Fax(516)765-9064 �^ George Homing VT/s00 Telephone(516)765-1809 evi BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 18, 1999 • Appl. No. 4733 -VITO &JULIE CARNAVALE 1000-50-1-7 STREET&LOCATION: 1500 Hyatt(Private) Road, Southold DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 40,894.89 sq. ft. in area with 104.12 ft. frontage along Hyatt Road at Horton's Point, Southold. The lot is improved with a single-family, two-story frame house and wood platform-stairs leading to the L.I. Sound as shown on the survey updated by Joseph A. Ingegno on May 11, 1999. BASIS OF APPLICATION: Building Inspector's July 7, 1999 Notice of Disapproval citing' Article XXIII, Section 100-239.4A of the Zoning Code with respect to a proposed six ft. extension for a porch at the west side of the dwelling with views of the L.I. Sound. The Zoning Code requires a minimum 100 ft. setback from the top of the bluff. The applicant's existing setback is 31 feet at its • closest feet and a setback of 25 feet is proposed for the six-ft. porch extension. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 25 ft. setback from the top of the bluff (15 ft. from the Coastal Zone Hazard Line), for construction of a six (6) ft. extension for one-story height reconstruction (to allow a new enclosed porch at the west side of the dwelling). (No other areas are noted in the Notice of Disapproval, which is the basis of applicants'request.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the six ft. extension is proposed to be constructed over an existing concrete area, and limited to one-story height. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because a major part of the dwelling already exists within the 100 ft. setback range. 3. The requested area variance is not substantial. 4. No evidence has been submitted to show that the proposed deck extension would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or Page 2-August 18, 1999 i m ZBA Appl. No.4733-Vito and Julie Caavale Parcel 1000-50-1-7 at Southold '- !1 T if ln district(see recommendations of the Suffolk County Soil &Water Conservation District). 5. ffiht e . In considering cultythisas applicationnoben , the self-createdBoard deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new one-story porch, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED,to GRANT the variance, as applied for. 4 VOTE OF THE BOARD: AYES: MEMBERS GOEHRIi - R, D NI 0 0' LLINS AND HORNING. This Resolution was duly adopted (5-0 ;y / GERARD P. GOEHRI GER - 4 CHAIRMAN il For Filing about 8/24/99 - y 9 •1 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK t DATE 0-0/9Y HOUR /a ''60" 1 _____e+datta4efaile______ Town Clerk, Town of Southold , , S O 2 - ,._^ _�... - - _ „z„----_.„,�..r.n, "':.,.�:-re�,c^_„r-�,.:-..,,r„...,,._-.,-„,-n..4�:�:,:e��.�_ x�-_-:� ''r,+,1m-tr:.�i�t-y—':�-_ 3_- ----•<e:-": :1rM<r--_ 4 1 .,- --''' 0 6c }.5-r) . /6-oa HiNTT eo0 1 o ' L ell) // t, L a / ',, 1 i rAC‘ljaejle' ( Oktri9 1 I gq V5q- ( 5-ev vr,41) / ! 1- 1 . 1 / 1 L- 4 i 4 ,f, 1 I , w( I 1i (I I 'Iid- 3 7 e3 --".'".. ! I 7.1 PA/ A1 G ,, I r- i / / 2� i .. � i ' f f i5 rpm; "c04,41/ 1I ? 3/' 1101 , 37i _ Iii-. - - - • - - , * ,!� " ' -"' 'I'I II - i W C7"--- li f AUG -,9 k:Y :I ilj 2"' Sodn/.D :10.1 1, i :":"7._< <^_--- ,-....r. _ ."--: _;..w<+- ",-:.-.-»-. .Z.`.'S.! � ": .;i= .;�„r".:. ".:P."-c�s_ -4.4" ji'Sns;7--...._ >--... .. .�---isG�'a s.,T., E:c=.e.:u�..:.+X-�a::�.4.;m.�.vS+Ja�+Y',f.,. ..:._ifc tea:.:- ..5' r,.?e.aeG>`;ea-..i-. ,.:^';�;�,.,•;Z;"k2.:'__.`15 .,. _-:,v, »cyv.- .rte. -« 'ca..r - .n c. .. 3T.C.j,_.' . COUNTY OF SUFFOLK yS v�t�j'Y,L�yB ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (516)727-3160 (516)727-2315 Gerard P. Goehringer, Chairman l Southold Town Board of Appeals 5 (Y Southold Town Hall p 0 53095 Main Road i 0 Southold, NY 11971 • August 17, 1999 } Dear Mr. Goehringer: We have completed a site inspection of the parcel known as the Carnavale/ Porch Addition located at 1500 Hyatt Road in Southold. The bluff face is very heavily vegetated over the entire slope. At the toe of the bluff, there is no toe stabilization present and it appears that none is required, high tide does not appear to reach the toe. Most of the beach is gravel and numerous glacial erratics are present below the high tide line. No toe stabilization is present to either side of the subject property also. Land above the bluff face appears to slope away from the bluff. There is no evidence of overbank runoff. The house roof runoff is directed into downspouts that lead into drywells. The addition of a wrap around porch over the existing concrete patio will not increase the amount of runoff presently being discharged to the ground surface. Our only recommendation at this time would be to cut back or top the existing trees that ate on the bluff face. Sincerely, Paul TeNyenhuis, Senior District Technician, Suffolk County SWCD ' 4 RIVERHEAD COUNTY CENTER . 300 CENTER DRIVE, ROOM N-210 . RIVERHEAD, NY 11901 () S CLI .il31 ( --� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD I - y - x In the Matter of the Application • of Appeal No. 4837 H. CASHY/M. MISTHOS • x ANTHONY B. TOHILL, P.C. ATTORNEY AT LAW 12 FIRST STREET P.O. BOX 1330 RIVERHEAD, NEW YORK 11901 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Application of • Appeal No. 4837 ' H. CASHY/M. MISTHOS • x INTRODUCTION This memorandum is submitted by counsel for the westerly adjacent neighbors, Diane Ravitch and Mary Butz, who oppose this application to build a swimming pool, hot tub and patio within 74 feet of the bluff where Zoning Ordinance §100- 239 .4 (A) (1) requires a setback of 100 feet . BASIS OF OPPOSITION The proposed construction of the pool, hot tub and surrounding patio--given the existing narrow sideyard setbacks, • the existing sharp change of grade from 52 feet elevation on the east side of the proposed patio to less than 42 feet on the west side of the patio and the resulting need to build retaining walls to elevate the west side of the proposed construction--will allow the introduction of an undesirable in-your-face source of noise immediately adjacent the Ravitch-Butz residence. In addition, the construction will cause surface water runoff problems which-- r given the 34 foot elevation at the southeast corner of the Ravitch-Butz residence--means that the 16 foot change in grade from the east side of Cashy/Misthos to the east side of Ravitch- Butz will pitch water northwest of the pool patio which cannot be collected by the present drainage trap which will be at the west base of the proposed retaining wall . Persons using the hot tub and patio located about 30 feet from a bedroom in the Ravitch- Butz residence will--as a result of the retaining wall, fill and change in grade--be above any boundary vegetation, including any noise attenuating benefits of that vegetation. Because of the new drainage patterns to the northwest, there is a likely loss of existing bluff-stabilizing vegetation. THE APPLICABLE LEGAL STANDARDS An application for a swimming pool or a tennis court is not subject to the same standards on an area variance application as a residence. This was so before the New York Legislature codified the five statutory standards on July 1, 1992 and since. A swimming pool area variance application in particular requires 2 that the applicants demonstrate they cannot use their land for a home without coming into conflict with the 100 foot bluff setback requirement. A desire for a pool, in other words, is considered a "desire . . . of a personal nature, tenuously related to their r use of the property as a one-family residence" and does not form the basis of a practical difficulty. This is the express holding of the Second Department Appellate Division in Bienstock v. ZBA of Town of East Hampton, the text of which is annexed as Exhibit A. The holding in Bienstock was repeated in Delavore v. Scheyer, annexed as Exhibit B, and in Seumenicht v. ZBA of City of Rye, annexed as Exhibit C. Each of these is an opinion of the Second Department Appellate Division. In Delavore, the Court reasoned that the swimming pool variance was properly denied because the applicants failed to prove "they would be unable to utilize their land" for a residence. The Court implicitly is following that line of cases that considerswimming pools and tennis courts both a "luxury" and as Justice Daniel F. Luciano upheld in Walentas v. ZBA of Village of Southampton, annexed as Exhibit D, an objectionable source of noise. In Seumenicht, the Court observed that to the extent the applicant had a home which he occupied on his lot, the 3 • applicant ' s pool variance application was properly denied. Effectively, the Appellate Division was saying the pool is not a necessity but instead a personal convenience, which is not a basis for variance relief. Under Town Law §267-b, the Board should evaluate whether: A. the location of a hot tub, patio and swimming pool so close to Ravitch and Butz and elevated as required is an undesirable change or will result in detriment to the Ravitch and Butz residence; B. the benefit sought by the applicants could be achieved by another method, for example, a smaller pool, a smaller patio, moving the hot tub to the east side of the Cashy/Misthos parcel, providing for collection on site of surface water runoff, prohibiting removal of vegetation and trees, and providing a noise attenuation barrier that recognizes and deals with the proposed newly elevated height of the west side of Cashy/Misthos; C. the relief sought is substantial (when viewed in terms of the imposition of these improvements atop the privacy of the Ravitch and Butz residence, this 26% variance request is substantial) ; 4 D. the grant of relief will have adverse environmental consequences, for example, new water runoff volume and patterns, the destruction or removal of existing vegetation between these properties and corresponding or resulting • risks to the stability of, the bluff; and R E. the difficulty is self created, where as here the house and existing deck are as far seaward as the Zoning Ordinance allowed or allows, so that applicants created their own hardship in the process pushing that "hardship" on the face of the neighbors with a loss of privacy and enjoyment in the use of their home. DISCUSSION OF PRESENT RECORD ' The present record leaves unresolved or unaddressed at least the following: 1 . Where will the pool pumps and motors--with their customary persistent noise--be located and what type of noise baffle is proposed to attenuate that noise? ; 2 . May the pool and deck be reduced in size (raised by Member Tortora on July 6) ?; 3 . What is the actual result of the change of grade-- which is from elevation 52 feet to elevation 34 feet from the east side of Cashy/Misthos to the east side of Ravitch 5 and Butz and which is an even sharper change of eight feet from 42 feet to 34 feet over the thirty foot separation of the hot tub and the bedroom in the southeast corner of the Ravitch and Butz home--and could not cross sectional drawings and actual drainage calculations (not a narrative collection of conclusions) be provided and evaluated (raised by Member Dinizio on July 6) ? ; 4 . Are there noise attenuating steps that could be taken, e.g. , moving the shallow end of the pool away, building and maintaining a noise attenuation barrier, moving the hot tub to the east side of Cashy/Misthos, etc. ? ; 5 . What is the damage risk of new drainage or pool backwash or hot tub maintenance or pool cleaning on the bluff vegetation, and the stability of the bluff? ; 6 . What is the effect in amplification of noise of the aluminum siding on the Cashy/Misthos residence? ; 7 . In terms of the balancing of interests required under Town Law §267-b, what steps/conditions/requirements must the applicants recognize and implement toward leaving the peace and privacy of their neighbors undisturbed? ; and 8 . The applicants' burden of proof under established case law, including Bienstock and its progeny, and under Town Law 267-b. 6 CONCLUSION This application should in all respects be denied - because the applicants have failed to address, much less satisfy, their burden of proof. On a balancing of interests, this record would not permit the interests of Ravitch and Butz to be ignored. They now have a home but tomorrow they will have a receptacle for noise--children in the pool and hot tub, guests at parties on the patio and the constant droning whir of the pool pump equipment, all within the reach of a few arms and towering over their residence now set 8 feet below the proposed hot tub. Dated: October 19, 2000 Respectfully submitted, ANTHONY B. TOHILL, P.C. Attorneys for Diane Ravitch and Mary Butz 12 First Street P.O. Box 1330 Riverhead, New York 11901 631-727-8383 C:\My Documents\Realestate\ZONING\Ravitch&Butz-Memorandum-ZBA.doc 7 }i. . - 1004 589 NEW YORK SUPPLEMENT, 2d SERIES • ' '} Before MANGANO, P.J., and `- y7; Sh- SULLIVAN, BALLETTA and O'BRIEN, 187 A.D.2d 578 appe JJ. In the Matter of Herbert BIENSTOCh, .- Ga et al., Appellants, ,Hun.` MEMORANDUM BY THE COURT. •r• G� f resp, •In a proceeding pursuant to CPLR article v' 78 to review a determination of the Zoning ZONING BOARD OF APPEALS OF the ;ts ,. ; COP • Board of Appeals of the Village of Kings TOWN OF EAST HAMPTON, Point, dated January 9, 1990, which denied Respondents. i: : M-_ the petitioners' application for a variance, S-',5; the appeal is from a judgment of the Su- Supreme Court, Appellate Division, `, I^ 'r .y' 78 t preme Court, Nassau County (Yachnin, J.), Second Department. '-�' Boa: entered June 21, 1991, which granted the Nov. 16, 1992. - -i `';fi` Boa Han petition, annulled the determination, and ` • ter granted the petitioners a variance. =�' ; for . ORDERED that the judgment is re- : -- -- •- •• ..v. ILA..0 uAle• V1` tii t-GtiL..5 1UU11:05 2 ._ Cite as 589 N.Y.S.2d 1004 (A.D.2 Dept. 1992) - Sheila L. Birnbaum, New York City, for 441, 444, 410 N.Y.S.2d 56, 382 N.E.2d 756). ;;aYn appellants. The zoning board's determination will ordi- .4... r_, rOC fi '''- Gary N. Weintraub, Sp. Town Atty., narily be sustained if the determination has ," Huntington (Brian Neary, of counsel), for a rational basis. It is incumbent upon an -- respondents. applicant for an area variance to demon- , strate that "strict compliance with-the zon- Before THOMPSON, J.P. and EIBER in or OF the COPERTINO and PIZZUTO, JJ. tiesdinance will result in practical diffi- cu (Matter of Fuhst v. Foley, supra, MEMORANDUM BY THE COURT. at 445, 410 N.Y.S.2d 56; 382 N.E.2d 756, ;ion, In a proceeding pursuant to CPLR article citing Conley v. Town of Brookhaven 78 Zoning Bd. of Appeals, 40 N.Y.2d 309, 386 to review a determination of the Zoning Board of Appeals of the Town of East N.Y.S.2d 681, 353 N.E.2d 594). While Hampton, dated April 10, 1990, which, in- there is no precise definition of the term `', ' application "practical difficulties"', in general, the "pe- ter glia, denied the petitioners - for an area variance and a Natural Re- titioner must show that as a practical mat- roperty sources Special Permit to build a swimming ter he cannot utilize his property or a struc- armina-_- pool, the petitioners appeal from a judg- ture located thereon `without coming into , which _ ment of the Supreme Court, Suffolk Coun- conflict with certain of the restrictions of ariance ty (Leis, J.), dated October 3, 1990, which the zoning ordinance' " (Matter of Fuhst v. mit to . dismissed the proceeding. Foley, supra, at 445, 410 N.Y.S.2d 56, 382 Court, i ORDERED that the judgment is af- N.E.2d 756, quoting from 3 Rathkopf, Law roceed- i firmed, with costs. of Zoning andPlanning [4th ed], ch 45, § 1; apreme Matter of Grace v. Palermo, 182 A.D.2d groper- The petitioners own a parcel of water- 820, 582 N.Y.S.2d 284). lifficul- front property in the Town of East Hamp- ;a vari- ton which is presently improved by a one- ' family residence. They filed an application [2] The petitioners may continue to use with the Zoning Board of Appeals of the the dwelling on their property. Under Town of East Hampton (hereinafter the these circumstances, the petitioners are Zoning Board) for an area variance and a hard-pressed to establish "practical difficul- Natural Resources Special Permit to build ties" (see, Matter of Fromer v. Citrin, 187 a swimming pool on their property. The A.D.2d 588, 589 N.Y.S.2d 1003 [decided to var- Zoning Board denied the application after herewith]; Matter of Malhotra v. Town of deter- finding that the petitioners had not estab- Brookhaven, supra; Matter of Pacheco v. , k lished practical difficulties or special and De Salvo, 127 A.D.2d 597, 511 N.Y.S.2d unique circumstances warranting the 396). The record indicates that they desire granting of a variance, and that they had to build a swimming pool because they feel failed - not met the standards necessary for the that it is significant to their enjoyment of which issuance of a Natural Resources Special their house and property. Under the cir- istruc- - Permit. Contrary to the petitioners' asser- cumstances presented, their desire is one of town ' , tions, the Zoning Board's determination a personal nature, tenuously related to pplica- _:,_ was not arbitrary and capricious and was their use of the property as a one-family prop- - supported by the record. residence, and does not form the basis of a • gelling :-�;y: "practical difficulty".) buu „;ild � :� [1] It is well settled that local zoning P "Only in rare cir- hat it boards have discretion in considering appli- cumstances * * * may problems of a per- f their ;- cations for variances and that judicial re- sonal nature possibly constitute `practical rsonal , view is limited to determining whether the difficulties' to the landowner, therefore jus- • use of action taken by the board is illegal, arbi- tifying the issuance of an area variance" - ,.,3., trary and capricious, or an abuse of discre- (Matter of Fuhst v. Foley, supra, 45 ce. xs.- .: °:f-- tion (see, Matter of Malhotra v. Town of N.Y.2d at 446, 410 N.Y.S.2d 56, 382 N.E.2d rid Brookhaven, 185 A.D.2d 817, 586 N.Y.S.2d 756). Given the facts of this case, the r ,N" 643; Matter of Fuhst v. Foley, 45 N.Y.2d petitioners did not qualify for an area vari- dry 1006 589 NEW YORK SUPPLEMENT, 2d SERIES '; ance, andthe Zoning Board's denial of their issue must either timely file note, or more E:4'.. 4 ar. application had a rational basis. to vacate notice or for an extension of time f-` 7 (se In light of our determination, the peti- within which to file. McKinney's CPLR 4 55 y #n-i_ 5° tioners' assertion concerning the adequacy 3216. ,*, t of the reasons for the denial of the Natural 2. € 1 e Pretrial Procedure 46 ' '4 _= Se Resources Special Permit is academic. We Sanction of dismissal was proper, as °°` G , note, in any event, that the applicants response to plaintiff's failure to comply of failed to sufficiently demonstrate that the Ali' .'` with discovery, which occurred despite ''"` , 's relevant standards enunciated in the Town exis his of East Hampton Code § 153-5-40 could be tence of prior court orders. McKinnev's F' • CPLR 3126. -�- complied with (see, Matter of Dausey v., T a prc Kelley, 137 A.D.2d 686, 524 N.Y.S.2d 776). A•1 Therefore, the record supports the denial Lawrence Levine, New York City, for Mo. t%rt of that permit. appellant. { w Bower & Gardner, New York City (Jona- mis O 5 KEY NUMBER SYSTEM than Siegel and Steven J. Ahmuty, Jr., of 1 ass- t counsel), for respondent CommunityHosp. `;,,, Ho; A F- , of Brooklyn, Inc. Y: sua McAloon, Friedman & Mandell, P.C., wit -,; wit: 187 A.D.2d 566 New York City (Steven C. Mandell, of coun- i ' 174 Immanuel KIRKLAND A sel), for respondent Frederic J. Cohen. '' .' Du, ppellant, r .z,; Before BRACKEN t ' v. tilL , J.P., and ' LAWRENCE, MILLER, COPERTINO and COMMUNITY HOSPITAL OF BROOKLYN, INC., et al., SANTUCCI, JJ. ':R„ 4x Respondents. MEMORANDUM BY THE COURT. `` tc Supreme Court, Appellate Division, In an action to recover damages for med- ,3; Second Department. ical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings ,. Nov. 16, 1992. County (Bellard, J.), dated October 5, 1990, -' 1.- Stu: which, upon an order of the same court, '4. dated September 17, 1990, Malpractice action was brought. Thegranting the mo tion of the defendant Frederic J. Cohen to `t` `�3 Supreme Court, Kings County, Bellard, J., • _ . dismissed complaint as to one defendant dismiss the complaint for a failure to prose 1 '� for failure to prosecute, and against anoth- cute and the cross motion of defendant er defendant for failure to comply with Community Hospital of Brooklyn, Inc., to s : _i.. ,;t discovery orders. Appeals were taken, dismiss the complaint for failure to comply .,; 1 The Supreme Court, Appellate Division, with discovery orders, is in favor of theis "" held that: (1) dismissal for failure to prose- defendants and against him. of cute was warranted after plaintiff failed to ORDERED that the judgment is af- z. w file note of issue within 90 days of request firmed, with one bill of costs. to do so, and (2) dismissal as to one defen- [1] Where a plaintiff fails to comply . dant was warranted, based upon plaintiff's with a 90-day notice to file a note of issue r • failure to comply with discovery orders. tle a: pursuant to CPLR 3216, a defendant i` _ dant. Affirmed. entitled to dismissal if the plaintiff fails to Court show an adequate excuse as well as a meri- � ' ,.,,.... tion o torious cause of action. To avoid being r3" miss 1. Pretrial Procedure 589 held in default, a plaintiff served with a 90- ,','" € To avoid being held in default, plaintiff day notice must either timely file a note of ,.r-'., appea .�. .34LL;�,. Divisi, served with 90 daynotice to file note of issue, or move to vacate the notice or for t r: to:. comp]: ,`';v:-: 58q. 260 626 NEW YORK SUPPLEMENT, 2d SERIES P mortgage in the name of a sham corporation 2. Zoning and Planning «503 •;. -.tOp F corr, with the apparent purpose of perpetrating a Town correctly denied landowners' vagi- .' >y.`• that -,;v- F they fraud upon the plaintiff, the holder of a sec- ance requests to enable them to build pool - (sec. and mortgage. Accordingly, the court did deck and fence, since owners failed to estab- E; ' _ not err in finding that a merger of the inter- lish that, absent granting of variances, they iz"x w A.D.. :e ests of the owner and the first mortgagee would be unable to utilize their land ,i?=. sloth had occurred. a 9 f" 4, 1004: appellant's 3. Zoning and Planning x503 ° ', Hum The remaining contentions are Showing of practical difficulties must be :,,,,,: _.::; A.D. without merit. made to warrant granting of area variance. :-,,,,,,,/, - 1,1, : ter c, McKinney's Town Law § 267—h, subd. 3(b}. -!-',,,4i N i . - - •- conte x w 4. Zoning and Planning 503 ,'` rnus O E KEY NUMBER SYSTEM t.•' No discernible difference exists between `- ; an a requirements set forth in statute governing �- = diffu' considerations to be made by town in decid- forth ing whether to grant area variance and re- ' ;`,-,i::o- ,; of th, quirements of practical difficulty standard. ter 0. 215 A.D.2d 478 McKinney's Town Law § 267—b, subd. 3(b). ‘''', Y--.:' N•'i 199 .-' In the Matter of Lee DELAVORE, l'i't' et al., Petitioners, Eugene L. DeNicola, Sayville, for petition- 1, , 86; ers. `_ Pa ICI v. In ar Vincent J. Messina, Jr., Town Attorney, Richard I. SCHEYER, etc., Islip (Bruce P. Vetri, of counsel), for respon- we fi. et al., Respondents. dents. comp, ft Town Supreme Court, Appellate Division, Before MILLER, J.P., and RITTER, We Second Department. PIZZUTO and S_ANTUCCI, JJ. .,r ing c ' merit May 8, 1995. MEMORANDUM BY THE COURT. Proceeding pursuant to CPLR article 78 to �` review a determination of the responder: Landowners brought Article 78 proceed Board of Appeals of the Town of Islip, dated ing to review town's decision to deny them April 13, 1993, which, after a hearing, denied area variances for pool deck and fence. The the petitioners' applications for two of four ,x Supreme Court transferred case. The Su- ',•' Ir requested area variances. preme Court, Appellate Division, held that town correctly denied requests for variances, ADJUDGED that the determination i= Yy,. since owners failed to establish that, absent confirmed and the proceeding is dismissed on t. the merits, with costs.the granting of variances, they would be unable ' � to utilize their land. [1] Initially, we note that the Supreme i -. - ` Court should have disposed of the proceeding l' In t Confirmed. i on the merits instead of transferring it to this court (see, Town Law § 267—c[4] ) - 1. Courts €488(3) However, this court will decide the case on - x: ,-Y"' ` Pau} Although Supreme Court should have the merits in the interest of judicial economy' _ ;;; _ (see, Matter of Cucci v. Zoning Bd. of AP- r,., -• c • i disposed of proceeding to review towns deci- peals, 154 A.D.2d 372, 545 N.Y.S.2d 850 . sion to deny area variances on the merits rather -than transferring it to Supreme [2-1] Upon our review of the record. NV' ,1,,:__ Court, Appellate Division, the latter court find that the respondents' determination Nva.' t:','1.,..;-,--,',.-„ would decide case on the merits in interest of reasonable and rationally based upon sub ,4 -''' ;` variance ' ". . i Z judicial economy. McKinney's Town Law stantial evidence. The petitioners -,- ^r .,- . see § 267—c, subd. 4. requests for their pool deck and fenCe Avete `�..;,..:. , Cite as 626 Y.Y.8.2d 261 (A.D.2 Dept. 1995) `fly' , =� .° ': correctly denied since they failed to establish university expelling students upon disciplin- vari- ' that, absent the granting of the variances, ary findings. The Supreme Court, Suffolk =�" they would be unable to utilize their land County, Hall, J., granted petition, and uni- pool ' . ;see, Matter of Slakoff v. Hitchcock, 194 versify appealed. The Supreme Court, Ap- stab- 'r; .,: i.D 2d 613, 599 N.Y.S.2d 63; Matter of Bien- pellate Division, held that: (1)' students' due they �.t Zoning Bd. of Appeals of Town of E. process rights were not violated by their lack ;. ;r•: aro,z, 187 A.D.2d 573, 589 N.Y.S.2d of legal representation at disciplinary hear- low; Matter of Grando v. Town of Islip, 172 ing; (2) State Administrative Procedure Act 1st be ': -,•D d 663, o68 N.Y.S.2d 635; see also, Mat- x ter of Framer v. Citrin, 187 A.D.2d 588, 589 did not apply to university disciplinary pro- s;;. ian,ce. . _' S_2d 1003). Contrary to the petitioners' ceedings;. but (3) students were entitled to ' 3(b). contentions, a showing of practical difficulties new hearing because university employee . `' ,,,,,,:t. ,:till be made to warrant the granting of participated as cocomplainant in violation of ,1n area variance. There is no discernible University Student Code. ,ween- p: erning -- difference between the requirements set :6. Affirmed. deeid- r' forth in Town Law § 267-b(3)(b) and those nd re- :: of the practical difficulty standard (see, Mat- ndard. = ter of Sasso v. Osgood, 206 A.D.2d 837, 614 1. 3(b). N.Y.S.2d 660; Matter of O'Keefe v. Donovan, 1. Colleges and Universities <==9.30(7) 199 A.D.2d 681, 605 N.Y.S.2d 150; :Platter of .4 Constitutional Law 278.5(7) Vibledi v. Roth, 192 A.D.2d 662, 597 N.Y.S.2d 0 etition- Ali; see also, Matter of Clowry v. Town of University students were not denied due _ .'•:.rli11Yb 202 A.D.2d 663, 609 N.Y.S.2d 299). process at disciplinary hearing, where they ,.. any event, upon our review of the record had names of witnesses against them, oppor- ;torney, X we End that the respondents' determination respon- P tursty to present defense, results and finding „iicomports with the statutory standards of the of hearing, and right to advisor; due process .;x, Town Law. did not require university to provide students ER, ' •1- We have reviewed the petitioners' remain- with legal representation at disciplinary ` ing contentions and find them to be without hearing. U.S.C.A. Const.Amends. 5, 14. .„ merit. RT. -'5:--ku- 2. Constitutional Law x278.5(7) ;;,y., w cle 78 to f' O 5 KEY NUMBER SYSTEM ;pondent,ti,,.:;r ;, r Due process requires that university stu-. 'f ` dents at disciplinary hearing be given names 'ip, dated-- ;, denied""'.` ` of witnesses against them, opportunity to ` 215 A.D.2d 481 present defense, and results and finding of of four In the Matter of Jeffrey GRUEN, hearing. U.S.C.A. Const.Amends. 5, 14. 'f4tt ': -1 Respondent, m Zation isa 3. Administrative Law and Procedure 5 ' , v. pissed on -, ;., j- Paul W. CHASE, etc., et al., Appellants Colleges and Universities «9.30(7) ` , . .• (Proceeding No. 1). Supren1g State Administrative Procedure Act did .roceedirn �' !:, In the Matter of Leonard CORDOBA, not apply to university disciplinary proceed- • ring it tA: Respondent, ' ings, where there was no statute requiring 267-c[41 `' - v, those proceedings to be on record. McKie- ,e 'case 4' Paul W. CHASE, etc., et al, Appellants ney's, State Administrative Procedure Act I econo''i `;c. (Proceeding No. 2). § 102, subd. 3. 3d. of'�°`` - Supreme Court,Appellate Division, 4. Administrative Law and Procedure a5 • S'2d• 1`9, Second Department. :,-;,,,,,t... � ' State Administrative Procedure Act is M1May 8, 1995. ' applicable solely to adjudicatory proceedings nation,., '. ..' is 4., 'a, _required by law to be made on record. Upon A. university students brought Article 78 McKinney's State Administrative Procedure s' v" ;: , Proceeding to review determination of state Act § 102, subd. 3. fence ':r:` t' a rya is 784 629 NEW YORK SUPPLEMENT, 2d SERIES ' incredible as matter of law and, thus, evi- Martin v. Adduci, 138 A.D.2d 599. -,• ' ,.. dence was sufficient to sustain burdening of N.Y.S.2d 181, supra; Matter of Ko i,,, ► - �, proving guilt by clear and convincing evi- State of New York Dept. of Motor j•eli ; t rc ► dence. McKinney's Vehicle and Traffic Law 134 A.D.2d 595, 521 N.Y.S.2d 494). § 1180(d). , ''`= We have reviewed the petitioner's remain- ,.. F ing contentions and find them to be without :..-'r Leonard B. Isaacs, Valley Stream, for peti- merit. . tioner. Dennis C. Vacco, Atty. Gen., New York E O s KEY NUMBER SYSTEM City (Harvey M. Berman and Kay—Ann D. T • Porter, of counsel), for respondent. , Before MILLER, J.P., and ALTMAN, i GOLDSTEIN and FLORIO, JJ. MEMORANDUM BY THE COURT. 217 A.D.2d 632 Proceeding pursuant to CPLR article 78 to In the Matter of Karl H. SEUMENICHT, review a determination of the respondent Respondent, New York State Department of Motor Vehi- v. cies dated April 25, 1994, which sustained the , ZONING BOARD OF APPEALS OF finding of an Administrative Law Judge that the petitioner had violated Vehicle and Traf- the CITY OF RYE, Appellant. ,s fic Law § 1180(d), imposed a fine of $350, Supreme Court, Appellate Division, and revoked her New York State driver's Second Department. license. %; ADJUDGED that the determination is July 17, 1995. confirmed and the proceeding is dismissed. • on the merits. with costs. ; Applicant sought review of denial of are;, x The determination that the Petitioner \-lo- variance for deck and pool. The Supe••,t lated Vehicle and Traffic Law § 1180(d) is Court, Westchester County, Murphy, J.. , supported by substantial evidence on the rec- granted the petition, and zoning board of ord and therefore must be confirmed (see, appeals appealed. The Supreme Court, ?.p•. . Matter of Martin v. Adduci, 138 A.D.2d 599, pellate Division, held that: (1) denial of van- 526 N.Y.S.2d 181). The ticketing police offi- ance for deck and pool which were built cer testified, properly referring to his notes without building permit was not illegal, arbi- (see, People v. Klepper, 25 N.Y.2d 46, 302 trary, or abuse of discretion; (2) applicant ' N.Y.S.2d 555, 250 N.E.2d 51), that based who had occupied single-family residence for upon his training and expertise. he estimated 30 years could not meet burden of pro,:'. ? the petitioner's speed at 50 miles per hour in that he could not utilize property With"_:: } a posted 30—mile—per—hour zone (see, People coming into conflict with zoning restriction:,: v. Olsen, 22 N.Y.2d 230, 292 N.Y.S.2d 420, and (3) applicant's health needs did not es- 239 N.E.2d 354; People v. Praete, i44 tablish practical difficulties where pool could, Misc.2d 801, 545 N.Y.S.2d 499, affd. 150 be placed elsewhere on property. Misc.2d 389, 575 N.Y.S.2d 623) and that this Judgment reversed and determination visual estimate was verified by radar. The confirmed. officer's testimony was not incredible as a ►' matter of law and was thus sufficient to sustain the respondent's burden of proving 1. Zoning and Planning c=.48S, 607 :_y the petitioner's guilt by clear and convincing, Zoning boards have broad discretion in ' evidence (see, Matter of Miranda v. Adduci, considering applications for variances, and 172 A.D.2d 526, 567 N.Y.S.2d 869; Matter of judicial review is limited to determining 4: EXHIBIT "C_ ' r g) *,,.{s: ,'- Cite as 629 N.Y.S.2d 784 (A.D.2 Dept. 1995)~ J �� 1 " , lihether action taken by board is illegal, arbi-• The petitioner, Karl H. Seumenicht, had a .Hx{,sou �+" , vary, or abuse of discretion. deck and above-ground pool constructed on ' his property without obtaining a building Zoning and Planning 503,!4Y.rt''". permit. As the deck and pool substantially Denial of variance for deck and pool ). `" iencroached on rear and sideyarcl setback re- 1 %,;uca were built without building permit and i:lcil encroached on rear and sideyarcl set- quirements of the applicable zoning orcii- rack requirements was not illegal, arbitrary, nance, the petitioner applied for an-area vagi- or abuse of discretion. ance. The appellant Zoning Board denied his application on the ground that he failed to ' 3 Zoning and Planning x493 establish practical difficulties. The Supreme ' Applicant for area variance had burden Court annulled that determination and grant- of proving that, as practical matter, he could ed the variance subject to certain conditions !i( t utilize property without coming into con- set forth in a dissenting decision by one of ., :1ict with zoning restrictions. the Zoning Board members. We now re- 4, 4. Zoning and Planning c=>503verse. iY Applicant who had occupied single-fami- [1, 2] It is well settled that zoning boards z !y residence for 30 years and who sought have broad discretion in considering applica- . area variance for deck and swimming pool tions for variances and that judicial review is . could not meet burden of proving that, as ew ' � limited to determining whether the action practical matter, he could not utilize property • �;r'lout coming into conflict « th zoning 1e_ taken by the board is illegal, arbitrary, or an ,it•:ctions. abuse of discretion (see, Matter. of Fu;ist c. Foley, 45 N.Y.2c1 441, 410 N.Y.S.2d 56, 382 5. Zoning and Planning x503 N.E.2d 756; Conley r. Town of Brookhaven Applicant's health needs did not estab- lish Zoning Bd. of Appeals, 40 N.Y.2d 309, 386 practical difficulties warranting area var- N.Y.S.2d 681, 353 N.E.2d 594). Although the iance for swimming pool where pool could be Zoning Board might t have exercised its dis • - h placed elsewhere on property «Zthin setback cretion to grant the variance, we cannot say restrictions, albeit on smaller scale. that its determination to deny the variance was illegal, arbitrary, or an abuse of discre- tion. 'r Richard M. Gardella, Corp. Counsel, Rye, ' for appellant. [3-5] The petitioner had the burden of establishing that, as a practical matter, he ' Before SULLIVAN, J.P., and O'BRIEN, could not utilize his property without coming { THOMPSON and SANTUCCI, JJ. into conflict with zoning restrictions (see, i 1 MEMORANDUM BY THE COURT. Matter of Fuhst v. Foley, supra). The peti- tioner failed to meet that burden as he had In a proceeding pursuant to CPLR article occupied a single-family residence on the ;;` to review a determination of the Zoning property for over 30 years (see, e.g., Matter Board of Appeals of the City of Rye, dated of Fuhst v. Foley, supra; Matter of Slakoff v. ! ' .lane 10, 1993, which denied the petitioner's Hitchcock, 194 A.D.2d 613, 599 N.Y.S.2d 63; application for an area variance, the appeal is Matter of Bienstock v. Zoning Bd. of Appeals •;;;,,-, fom a judgment of the Supreme Court, Westchesterof Town of E. Hampton, 187 A.D.2d a'78, 589 I. ..N4-', -,,s..F ^ County (Murphy, J.), entered N.Y S.2d 1004). Moreover, it was not irra- December>; December 14, 1993, which anted the eti- '` tion p tional or an abuse of discretion for the Zon- es - , annulled the determination, and granted ing Board to conclude that this was not one r ,t. r,:r �-. the petitioner a variance. i =F of those rare circumstances where a resi- ! f ;_.:r ORDERED that the judgment is reversed, dent's ,.bxc,,;,:.;�: health problems constituted practical on the law, with costs, the determination is difficulties (see, Matter of Fuhst v. Foley, �` Y.,` '. "'ntu med and the proceeding is dismissed on supra) • ,the p g p ), particularly as it appeared that the "' . merits. pool could be relocated on the property with- (!I 786 629 NEW YORK SUPPLEMENT, 2d SERIES A.°r in the setback restrictions, albeit on a was insured by another insurer, burden n( --.•. smaller scale. proof then shifted to other insurer, as part‘ • -•, N seeking to disclaim coverage, to demonstrate •= W that it had cancelled offending vehicle's in- '' 0 T KEY NUMBER SYSTEM surance policy prior to accident. ":..3,4. • .' L' , li 3. Insurance x578 {`y ~ Because automobile insurer '' " as part} .:..�,. seeking to disclaim coverage, failed to dem- ` r:• 1 - a�z is 217 A.D.2d 633 onstrate that it had cancelled vehicle's insur- "- ance policy prior to accident, petition perm :t- ! the Matter of STATE FARM MU- pc i.,t;t- • TUAL AUTOMOBILE INSURANCE nently staying arbitration of uninsured nt(�. `<-;- i COMPANY, Petitioner—Respondent, torist (UIM) claim was properly granted. :_ '._' 1 v. Lori KANTER, et al, Respondents. Debra A. DiCicco, Brooklyn (A. Paul Gold blum, of counsel), for appellant. "_ ' 't2' e Liberty Mutual Insurance Martin, Fallon & Mulle, Huntington (Lay- C Company, Appellant. ry M. Shaw, on the brief), for petitioner- respondent. Supreme Court, Appellate Division, Second Department. Sweetbaum & Sweetbaum, Lake Success ' (Marshall D. Sweetbaum, of counsel), for re- July 17, 1995. spondent Allstate Ins. Co. Before MILLER, J.P., and ALTMAN, • In proceeding to stay arbitration of GOLDSTEIN and FLORIO, JJ. uninsured motorist (UIM) claim, automobile Y- i. insurer appealed from judgment of the Su- MEMORANDUM BY THE COURT. preme Court, Nassau County, Trainor, J., In a proceeding pursuant to CPLR article granting petition to stay arbitration. The 75 to stay arbitration of an uninsured ntv,t.,' • - Supreme Court. Appellate Division, held ist claim. Liberty Mutual Insurance Collin-, that, because insurer, as party seeking to ny appeals from a judgment of the Supreme disclaim coverage, failed to demonstrate that Court, Nassau County (Trainor, R.), dated it had cancelled vehicle's insurer prior to March 7, 1994, which, after a hearing, grant accident, referee properly granted petition ed the petition. permanently staving arbitration of UIM '- ' claim. ORDERED that the judgment is affirmed. -_ with costs. . ,. .r_ Affirmed. _ [1] The Referee properly determined that Liberty Mutual Insurance Contl):lr.} 1. Insurance x578 (hereinafter Liberty Mutual) had insured thr In proceeding to stay arbitration of motor vehicle that had struck Lori Kanter, • uninsured motorist (UIM) claim, automobile motor vehicle. At the hearing, the petition.- insurer met its burden of proving that of- � } er, State Farm Mutual Automobile Insurance fending vehicle was insured by another insur- Company, met its burden of proving that the pro- er by producing certified copy of vehicle's offending vehicle was insured by Liberty ".T13- '' registration record indicating that it was in- tual by producing a certified copy of -le sured by the other insurer. vehicle's registration record which i''T1li`•: '••. '~ that it was insured by Liberty Mutual as 0: s,,: tti, , C 2. Insurance «578 April 30, 1986 (see, Matter of State Fa''"' In proceedingto stay arbitration of Mut. Auto. Ins. Co. v. Fenelon, 202 A.D.2d `'' a- uninsured motorist (UIM) claim, after auto- 436, 608 N.Y.S.2d 709; Matter of Eagle Ii�` �°'t' f . mobile insurer proved that offending vehicle Co. v. Tichanan, 185 A.D.2d 884, 5- i . t� • • MEMORANDUM SUPREME COURT . SUFFOLK COUNTY IAS PART X In the Matter of the Applicatin of: BY : DANIEL F. LUCIANO, J . S. C. ' DAVID WALENTAS, Petitioner, DATED (71A5 ] 1989 For a Judgment pursuant to Article : ' 78 of the Civil Practice Law and INDEX NO. -241g—"-- Rules MOTION DA 3/ -against- CALENDAR DATE 4/17/89 • GDISPSJ ELISE KORMAN , KEVIN GUIDERA, REV. : MARVIN DOZIER, HARRY MARMION and RONALD HILL , constituting the Zoning Board of Appeals of the Village of Southampton , Respondents . . BENNETT & O'SHEA , ESQS . DAVID J. GILMARTIN, ESQ. Attorneys for Petitioner /Attorney for Respondents 212 Windmill Lane 320 Hampton Road Southampton , New York 11968 Post Office Drawer WWW Southampton, New York 11968 This is an Article 78 proceeding commenced by the petitioner, David Walentas , seeking a judgment "annulling and setting aside that part of a determination dated January 19 , 1989 of the Respondents , which denied an area variance Petitioner requested, on the grounds that the Respondents ' action was illegal, unconstitutional,* arbitrary , capricious , discriminatory, and constituted an abuse of discretion and commanding the Respondents , SOUTHAMPTON VILLAGE.,ZONING BOARD OF APPEALS, to issue Petitioner's requested variance. ..'. The variance sought by the petitioner, David Walentas , is relief from sections 116-9(A) ( 11) (a) and 116-4(D) of the Southampton Code in order to permit him to build a tennis court on his residential property . The subject property is a corner lot , thus fronting on two streets . The petitioner, David Walentas, proposes to place his tennis court in one of his two front yards and as close as * No argument is offered in support of the contention that the subject determination of the respondent, Zoning Board , is unconstitutional and, thus , denial of the relief requested herein on constitutional grounds is summarily denied . ra �`P % ..--, o GE' 2 - 'WALENTAS V. ZONING INDEX NO. 89/2479 ten feet from the fronting street . Section 116-9(A) ( 11 ) (a ) of the Southampton Code requires that ' i a tennis court be "installed in the rear yard or a side yard of Fremises" . Pursuant to section 116-4(D) of the Southampton Code (;which incorporates by reference the Southampton Codes- Residence L'istricts Table of Dimensional Regulations) a tennis court (which d :fined as a. structure in section 116-9(A) (11 ) of the Southampton is .Cpde) must be located at least ninety feet from the street. The petitioner, David Walentas , asserts that in order to. The • .c 'nform with the Code requirements it would be necessary for him to r •move several large trees located on his property and to relocate t :o cesspools and his septic system at a considerable expense. He farther asserts that an existing hedge will block the view of the p 'oposed tennis court from the street. In addition, he contends that o her properties in the vicinity have tennis courts including one w th a tennis court in a front yard as close -to the street as that w'.ich he proposes . Moreover„ he notes that his closest neighbor, w ose residence is situated on a narrow, non-conforming lot, has i dicated his preference for the proposed location as opposed to a f ily conforming location since the tennis court is further from his r• sidence as proposed . In denying the variance application the respondent, Zoning B ard , observed that variances from the Code requirements for the 1• cation of tennis courts are "all but invariably denied by this B ard" due to their appearance and the noise which they generate . T} e respondent, Zoning Board , further stated that " [a]s we view the property, it appears that a tennis court may be constructed in a c' nforming location , i . e.. to the rear of the existing dwelling. , C' rtainly , it may be constructed in a more conforming location than s! ggested by this application" . Moreover, the respondent Zoning B( :trd concluded that "it should be notedthat a tennis court is not ri :essary for the use of the property as a residence . In fact, it is Tewhat of a ' luxury.-. " Among the standards which the Southampton Code directs the rf .;pondent, Zoning Board , to apply in considering a variance a1olication is that "such variance is the minimum variance that will rrlieve such practical difficulties or unnecessary hardships . " ( :. duthampton Code section 116-27 (C) (2) . ) As observed in 2 Anderson , New York Zoning Law and Practice ( 1 iird edition) , section 23 . 68 provisions in zoning ordinances so liniting a Zoning Board 's power do "not appear to have undergone » frequent judicial construction in New York. " Nevertheless , Professor Rc •)ert M . Anderson concludes that "[i]t seems clear that the 'linitation adds an element to the case of the applicant. " It is also worthy of note that when, at the October 27 , 1988 hearing of the his application the petitioner, David Walentas , as _erted that there was , across the street, a front yard tennis court- - tei feet from the street, it was observed by the respondent, Zoning i E 3 - WALENTAS V. ZONING01/ INDEX N0. 89/2479 Board member Kevin Guiders, that construction of that tennis court preceded the applicable Southampton Code provisions . The respondent, Zoning Board , chairman thereupon stated: "I think you should note , historically, the reason we passed laws is when we see such abuses , or' something so unattractive , or found so unattractive by people in authority, they pass laws so that it doesn't happen again. And when they saw front, tennis courts going into front yards , that's what percipitated °!" (sic) this . " Clearly, this was an application for an area variance rather than . use variance thereby requiring only the proof of practical difficulties rather than unnecessary hardship. (E.g. , Village of Bronxville v . Francis , 1 A .D. 2d 236 , aff'd , 1 N.Y. 2d 839 ; 2 Anderson , surra section 23 . 33 . ) Nevertheless , the Court concludes that the determination of th'- respondent, Zoning Board , denying this variance application should be sustained . At the hearing of the application the respondent, Zoning Board, raised the possibility of minimizing the variance sought by.shortening tt, - length of the proposed tennis court. It was noted at the hearing by the respondent, Zoning Board member Kevin Guidera , and the chairman that "quite a few tennis courts in the past had been shortened from a standard 120 foot length to 110 feet . " As this has not been refuted as one available option it appears that for the respondent, Zoning Board , to grant the variance as sought would be to grant the variance without a determination that it would be the minimum variance necessary to relieve the existing practical difficulties . Notwithstanding that the respondent, Zoning Board, might have granted the requested variance conditioned on the shortening of the tenni court and an additional ten foot setback from the street, the fact remain that the variance sought , even as so modified , is a substantial one . Further, the finding that the tennis court is not necessary for t- use of the property (which enjoys the benefit of a deck and swimming poo and is "somewhat of a ' luxury'" reflects another reason for denial of th' variance sought. Rather than establishing the "practical difficulties" upon which the petitioner, David Walentas , seeks to rely he has merely made a showing of personal convenience . (see Fuhst v . Foley, 57 A .D. 2d 956 , aff'd, 45 N.Y. 2d 441 ; D'Aurio v. Board of Zoning Appeals of the Towt of Colonie . Albany County, 92 Misc. 2d 898 . ) This showing is insufficienA to support a judgment setting aside the determination of the respondent, Zoning Board . ' The respondent , Zoning board , is entitled to a judgment affirming its determination denying the petitioner's , David Walentas , application for an area variance and dismissing the petition on the merits . Settle judgment. ., J. S .C. :lr; ASSOCIATES,,,.../...2„ .._. _ ._... PGIVEN piy- �d 'p,/7,66 REAL ESTATE APPRAISERS AND CONSULTANTS October 13, 2000 Anthony B. Tohill, Esq. • Attorney's at Law 12 First Street P.O. Box 1330 Riverhead, NY 11901-0903 Via Fax:631-727-6336 Re: Variance Application of Cashy and Misthos Dear Mr. Tohill: I As per your request, I have visited the property which is the subject of the above variance application for the purpose of addressing the impact, if any, from a valuation standpoint on the property abutting on the west owned by Diane Ravitch and Mary Butz. Based upon this visit and from my research of the material you have supplied, which included the minutes from the initial hearing on this variance application, conclude that the proposed construction of a 4 - 5 foot high retaining wall near the westerly border of the subject property and the construction of a swimming pool, hot tub and surrounding brick patio will have a negative affect on the value of the Ravitch - Butz property. . The existing house owned by Cashy - Misthos has a substantially higher elevation than the Ravitch - Butz house by virtue of the sloping topography in this area; however, it is set back an estimated 30 feet from the rear line of the Ravitch - Butz house. The house also has a 13' deep first floor deck which comes within an estimated 17' of the rear of the Ravitch - Butz house and the proposed construction will bring an active use area an estimated 13' beyond the rear line of the Ravitch - Butz house. This active use area (pool, hot tub, and patio) will be elevated at least 4 -5' and possibly more above property grade and as the property is sloping to the west the result will be that the patio level will be at least 5 -6' higher than the easterly line of the Ravitch - Butz property. When you add to this patio level the height of an average human you can see that people using the patio, hot tub and pool will be 10 -12' above the easterly line of the Ravitch - Butz property. This elevation will lead to a significant increase in noise and a significant decrease in privacy for the abutting property, factors which will have a negative influence on value. BOX 5305 , 550 ROUTE 111 , HAUPPAUGE , NY 11788 ( 631 ) 360 - 3474 FAX ( 631 ) 360 - 3622 www g i v e n a s s o c i a t e s . c o m a +.. y- 1 Anthony Tohill October 13, 2000 The Ravitch - Butz house has been at its current location for more than 75 years and it is currently very close to the top of the bluff and any construction on a nearby parcel that would have the potential to disturb the bluff in any way would be of great concern as there is little, if any, margin of safety around the Ravitch - Butz house. It is difficult to predict market reaction to these concerns, however, based upon my experience I conclude that the potential effect on the value of the Ravitch - Butz property could be in excess,of 10%. Should you have any questions or would like to discuss this matter further please call me. Thank you for this opportunity to serve you. Sincerely, Patrick A. Given, SRPA NYS Certified General Real Estate Appraiser#46-704 • rGIVEN ASSOCIATES r { -_ 4/7"1‘-/ 4/1. APPRAISER'S QUALIFICATIONS pS pi' PATRICK A. GIVEN, SRPA _ ii ' i 1111107) DESIGNATIONS: SRPA/Appraisal Institute CSA-G/Columbia Society of Real Estate Appraisers MEMBER: Senior member of the Long Island Chapter of the Appraisal Institute; Senior member and Past Governor of Columbia Society of Real Estate Appraisers; New York State Society of Real Estate Appraisers; National Association of Real Estate Boards; New York State Association of Real Estate Boards; Long Island Board of Realtors EDUCATION: A.A.S. - Suffolk County Community College; • B.B.A. - Hofstra University; Society of Real Estate Appraisers; Course 101, Introduction to Real Estate Appraising W 4 Course 201, Income Property Valuation Course 202, Applied Income Property Appraising Standards of Professional Practice Columbia Society of Real Estate Appraisers; Course I and II Attended numerous seminars and lectures on real estate appraising rGIVEN ASS OCIAISS APPRAISER'S QUALIFICATIONS (CONTINUED) PATRICK A. GIVEN, SRPA STATE CERTIFICATION: Patrick A. Given has been certified as a General Real Estate Appraiser by the State of New York, Certificate #46000000704 EXPERIENCE: Patrick A. Given is a real estate appraiser and consultant and is the owner of Given Associates, 550 Route 111, Hauppauge, New York 11788. He has been active in the real estate and appraisal field for more than twenty five years. Licensed real estate broker. Past Chairman of Town of Smithtown's Board of Assessment Review. Has lectured on real estate appraising at Stony Brook University and Hofstra University. Has prepared appraisals for the Federal Government, State of New York (various agencies), County of Suffolk, Town of Smithtown, Town of Islip, Town of Babylon, Town of Southampton, Town of Southold, Town of East Hampton, Town of Brookhaven, Suffolk County Water Authority, Incorporated Villages, banks, corporations, attorneys, estates, school districts and individuals. These appraisals have included all forms of real estate, such as residential, commercial, industrial and leaseholds. Has testified as an expert in real estate values in the Federal District Court, Supreme Court of New York(both Nassau and Suffolk Counties)and New York State Court of Claims. Has been tested and qualified as a fee appraiser by the State of New York. rGIVEN ASSOCIATES REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Automated Data Processing CSW Associates Inc. . Ahern, William F., Esq. Deer Park Fire Department Associates & Ferren DeNicola, Eugene L., Esq. Associates Relocation Company Devitt, Spellman, Barrett, Calahan, Attonito and Schoepelin DiCanio Organization Bank of New England Dime Savings Bank Bank of Great Neck DL Rothberg &Associates pc Bank of Smithtown Dowling College Bankers Trust Company East Hampton Housing Authority Bausch & Lomb Eghrari, Mark, Esq. Better Homes & Gardens Relocation Eichinger, Charles, Esq. Bivona, John, Esq. Empire of America Relocation Blydenburg, Donald, Esq. Environmental Conservation Boatmen's Relocation Management Episcopal Health Services Bracken and Margolin Erwin, John, Esq. Brown-Forman Corporation Executive Relocation Busch Properties Express Financial Services Byron Reed Transequity Extebank Cahill, Gordon & Reindel Exxon Corp. Cahn Wishod & Lamb Farber Estates Campbell & Miller Farmingville Fire District Castle Auto Parts Figgie International Cendant Mobility First Mortgage Network Charwat, Mark S., Esq First National Bank of Maryland Chase Bank of Texas. First Pioneer Farm Credit Chase Lincoln First Bank Fishers Island Garbage & Chase Mortgage Corp. Refuse District Chemical Bank Geico Insurance Chicago Title Insurance General Foods Circuit City Stores Genesis Relocation Cohen & Warren Glynn & Mercep Co!dwell Banker Relocation Goldstar Credit Corporation Commack Public Library Grumman Corporation Commack Medical Associates Grundfast, Michael Esq. Commonwealth Relocation Guide Dog Foundation Corporate Relocation Management Inc. Haring, J. Christopher, Esq. County of Suffolk Department of Public Hauppauge Fire District Works Hebrew Academy County of Suffolk Department of Law Hirsch Fuels, Inc. County of Suffolk Planning Department Historic Preservation County of Suffolk Real Estate Division Home Insurance rGIVEN ASSOCIATES _4 - REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Homequity Nesconset Fire District Hunter Turbo Corp. New York State Department of Huntington Community First Aid Transportation Insurance Auto Auctions New York State Parks, Recreation and Intelicom US Inc. Historic Preservation Island Resources Foundation New York State Office of Mental Kane, Mary F., Esq. Retardation & Development Disabilities Kasper Properties New York State Attorney General's Kennedy, Bruce, Esq. Office Key Bank New York State Department of King, Donald, Esq. Environmental Conservation Kings Park School District New York State Dormitory Authority Klein, John V.N., Esq. New York State Facilities Development Kodak Corporation Kraft Foods N.J. Trust Company Lamb & Bamosky Nixon Hargrave Lawrence Aviation North Suffolk Medical Association Legacy North County Realty L.I. Adolescent & Family Services North Fork Bank Leyden & Kenney North Shore Surgi-Center Lite, Russell &Acocella Northville Industries Corp. Long Island Lighting Company NYNEX Long Island Savings Bank P.H.H. Homequity Loral Information Display Systems Pacific Ventures Mattimore, Timothy J., Esq. Pall Corporation McCarville Ford Peconic Bank McDonald's Corporation Peconic Land Trust Inc. Meyer, Suozzi, English & Klein Petersen, Charles, Esq. Michigan National Bank Pinks, Arbeit & Nemeth Miller Place School District Pinnacle Group Miteq Inc. Pistell, Joseph, Esq. Molloy, Kevin, Esq. Post-Morrow Foundation Morgan Guaranty Trust Company Prudential Relocation Morris & McVeigh Quantuck Beach Club Inc. Moses & Singer, LLP Racanelli Associates National City Bank Raisman & Gerardi National Park Service Ralph Oldsmobile National Residential Inc. Rand Consulting Group Inc. National Equity Inc. Real Property Service Bureau Nations Credit Relocation Group Nature Conservancy Resolution Trust Corporation GIVEN ' ASSOCIATES REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Resource Asset Management Inc. Tower Financial Retardation and Development Town of Babylon Disabilities Town of East Hampton Robins Island Holdings Town of Islip Rocky Point Fire District Town of Riverhead Rosenberg, Jules H., Esq. Town of Smithtown Sabatino, Paul, II, Esq. Town of Southampton St. Christopher-Ottilie Town of Southold St. Georges Golf& Country Club Trac Inc. Salvation Army Trans Equity Relocation Sarisohn, Floyd, Esq. Travelers Relocation Sause, Richard, Esq. TRFCA Relocation Schaefer Agency Inc. Trimarco, Vincent, Esq. Schechter, Schechter, Kenney & Rock Trust for Public Land Scheyer& Jellenik Twomey Latham Shea & Kelley Seaman Fuels TYCO Systems Sgroi, Sandra, Esq. U.S. Department of Agriculture Simon Properties U.S. Department of the Interior; Skadden, Arps, Slate, Meagher& Flom National Park Service Small, Stephen J., Esq. U.S. Attorney's Office Smithaven Dodge U.S. Postal Service Smithtown Fire District U.S. Relocation Services Inc. Smithtown Historical Society Union Chelsea Bank Society of St. Johnland United Guardian Inc. Source Financial Mortgage Valuation Administrators South Fork Broadcasting Village of Amityville • Sovereign Bank Village of Head of the Harbor S.P.L.I.A. Village of Islandia Stamen Building Materials Village of Lake Grove S.T.A.R.S. Village of Patchogue State University of New York Village of Quogue State Bank of Long Island Village of Sag Harbor Storybook Homes Village of Greenport Stuart, Susan D., Esq. Village of the Branch Suffolk County Sewer District#10 Village of Saltaire Suffolk County Water Authority W. A. Baum & Company Suffolk Marketing Weichert Relocation Company Symbol Technologies Inc. Walsh, Michael G., Esq. Texaco Wertz, Robert C., Esq. Thurm & Heller Western Relocation Management Tohill, Antony, Esq. Zummo, Richard, Esq. CGIVEN ASSOCIATES bego S2 CASHY / MISTHOS PROPERTY SOUTHOLD, NEW YORK REVIEW OF SITE DRAINAGE AND INSTALLATION OF POOL, SPA & PATIO AREA STEVEN L. MARESCA CONSULTING ENGINEER 188-07 W. MONTAUK HIGHWAY • HAMPTON BAYS, NY 11946 • (516)728-9480 • FAX(516)728-9484 October 18, 2000 • • ,. , . L 1 ,,, 1, 1""l . _ i6ARA4E . . HOUSE _•-________ DECK ` ` I LO cg7nat-1 54 - d 1 p�`1 W EL L 51NC+I.E STORY �L JVWLI�JJ SECTION OP HOUSE PROPOSED V POOL . /' A — — — �- / ---\ SPA 1g 54 l 52 DECK �~ 50 45-�_j---- • 44-- — TOP O VP 42—----- —35 40 —36 .ASHY/M I STHOS RAV I TGH/BLITZ PROPERTY PROPERTY SJTL LAI'QUT SCALE I " = 30' BEBE - ' --_-" - --. ‘ i . --- - W d p LU = O — CC w _ j3 . CASHY/MISTHOS RESIDENCE Z g } "'!w_ PROPOSED SPA • F— - d. J m � 'J 2 story frame structure oz . EL 54.0 I PROPOSED RETAINING 8 m _ WALL • Cf)PATIO EL. 50.0 v EXISTING DECK ELEV 50.0 RAVITCH/BUTZ -/ EL. 47.0 ;I RESIDENCE - STONE WALL .. ..• cc. 1 r - w!W • proposed 1� o_ z ool p EL 41.0 0,- 1 , t bedroom area EL. 36.0 �.-7- EL. 3/ 0 FIN. PLR. EL 36.5 /1. EL. 35.0 •baSTING DRYWEt_L.--7 basement '= ~ w CC w — . 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' ^ . • ' ~ ^ I ...4 .. . ., r ,, , _ , „. ,,,,,,,,,____,, -.,,,,,..'4,7-.;t:; '.' ..-.% . ' • ..e...'"-Vo„).-\•fli.c.-4'i:::-.. -:-,-,-, ., . • -„,,, ; ,4.,i0",;:Ni...27.-1:4-''11,i'll .,AzI.:';,,.c'!:::.4%-c..ti.1:4 il•:Kt-t'4:' ".-4711?ez..1::'•:.'''''-"; ' '.., ''',,..''' A : , ' .:;•....,- :',::..A.-,1.,„,''.. .e.,•:•-,s'',..rr.;,""A;•1,,.`t.1.•,,...7,1-"*..0e4:4.7ziiii:::, i.,',24.10%,,,'''..,1 lip ';',- t'S.VrTsvtte.i.." --"!':A.-.1:•• '4'A • ' ^. . � ^ I . � �'�� � � � � � ` �� ' � � � ` -'r ^ � ^ � .� . , , � . � � � ` ^ . ^ '��` ` � . ^ . 4. ___ View of the Ravitch/Butz house. The only portion of the home visible is the roof of the single level portion of the home. Photo is taken from the rear of the Cashy/Misthos Property. The rear deck of the Cashy/Misthos house is on the left side of the photo. - . ' '- \Pg.,-• —.---:--,...:.•;,.....'. •C,I"'"-,g•,` X.-4,,,,„4", ,.---.. 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';',./• ...1.'.5?,,;;:* :...;:.),''',,'. .• 1...' ‘,.•-•''.‘'•,'..,:„:1,... .,..•,,,,,, ''',.,..5:4,7,..: i,,i-,,,,.,,,,1 .-.. „.-4 4,4%,,,,,,,,v.,N,-..._.,-..",-,...% •••,, ......... .-, .,,,.. „ .. . .... .- . View of a drain located in the rear of the Cashy/Misthos property. This drain presently catches some of the water runoff from the Cashy/Misthos property. The new patio and retaining structure will impede the flow of water to this drain. • F y ti, r+ •,` . ,,,• is w3 i s •-aA1� a*ma.31 k t d.. ' 0,7 �✓ 4 _..s t �� 'ems£ ... t c,."s < :` ,. • �, s � X t Sk vl' --ii, ��'.,er ,1, -i cif, - a...• E + ',I � ••Y t .1- 7' .11!, 3'-' ',Vt #-• iii t . r,f.' may,T 3 a;,,,.‘"t,„, '4..' �S' 'y1 S armo r4. i k� ', ''''. 4.-%,S.'"•,:.- '.41--,_ .."-11;LIM*--- .,-..-- zfre- .::."`-'.••;";'I‘'`it-'t'-`*--.41ePr• •.v.." 7 r 3.a 4 ;�..'b+�'v.,,}sr,'M� t .rte-w nor t +a ''-.N.4:-.N.;. + r e 'iY` 7 t'P } �.} - i r ,ft i ,.ns.. !-s ,1+`^.✓ "'"y x i aaw;ry : ,- w + , r -A a s R� .1 M "+'. , h s+ .sit' J 3 • • CT:.'.'. tY .`.mit`w A- •- '�. View of water erosion at the front of the Cashy/Misthos property. This soil erosion is below the front deck of the house. This is indicative of the quantity of water running from the front yard to the west side of the rear yard. The runoff of the front yard and driveway is not being controlled. it will overcome the capacity of any drywells in the rear of the property. . . JOB CO Sl`+C ( 1 /( I S. 11402 SHEET NO OF CALCULATED BY DATE �/� CHECKED BY DATE SCALE C�Z7A-'I a ( (A 6 0() Y1t4 i TF;(`(--( 1.--/FT-A- R... - F.-( I (--I-i? , L-,A01-4-i- 9 A1.. �r` 1-f4 V2OL --IuG T6--PPA, r r, /o ,.fit f�(0 3 F-r70(L-rte too bs--) /,z @,3c) - 1-13s F- [ , ( OD (g°) 62-7_) L , 37) i200 F" 100 % 1 �-r- 0 rC + ie10 6o)2 (t a `I s® 14 (6z) 742_ 66 ' 0 &0) (?A2) C. ��) " i22_ l Fb2 e1 Wit? r <� IAC �. -- PR-trlc. \(_ Co , 7747 4r. /)4`7 ( 1?;5564, ( c -7 - s t)Erir 1 , OF A. ' I (t)FT- 1 M CL A t '__ A. STORM WATER DRAINAGE DESIGN CRITERIA - All storm water collection systems shall be designed in ac- cordance with the following minimum standards and shall be submitted on design sheets to be reviewed by the Village Engineer. (1) Rational Method: (a) Q = AcI Q = Discharge in cubic feet per second (c. f. s. ) A = Tributary drainage area in acres within the subdivision and shall include areas outside the subdivision c = Coefficient of runoff of drainage area The following values of "c" 'shall be used: Type of Surface Flat Rolling Roofs 1.00 Concrete or Asphalt Pavement 0.90 1.00 Bituminous Macadam 0.70 0.90 Gravel 0. 25 0. 70 Lawn Areas 0.10 0. 35 Wooded Areas 0.10 0. 20 Rural Districts 0.10 0. 25 Parks, Golf Courses, etc. 0.10 • 0. 35 Agricultural Areas 0. 20 0.60 (b) "I" , the rainfall intensity in inches per hour, shall be determined by the following formula: I = 120 t + 20 where "t" is the time of concentration in minutes at the point of design. • (2) Closed conduits and open channels shall be designed using Mannings Formula: (a) V = 1.486 x R 2/3 x S 1/2 Where: V = velocity in feet per second R = hydraulic radius in feet S = Slope in ft./ft. The slope (S) shall generally be considered to be the slope of the pipe invert except that such slope shall be checked against the available hy- draulic gradient wherever the system dis- charges against an existing hydraulic head. - 1 - '. ob Wm° U' Iol�q APPRAISER'S QUALIFICATIONS PATRICK A. GIVEN, SRPA DESIGNATIONS: SRPA/Appraisal Institute CSA-G/Columbia Society of Real Estate Appraisers MEMBER: Senior member of the Long Island Chapter of the Appraisal Institute; Senior member and Past Governor of Columbia Society of Real Estate Appraisers; New York State Society of Real Estate Appraisers; National Association of Real Estate Boards; New York State Association of Real Estate Boards; Long Island Board of Realtors EDUCATION: A A.S. - Suffolk County Community College; B.B.A. - Hofstra University; Society of Real Estate Appraisers; Course 101, Introduction to Real Estate Appraising Course 201, Income Property Valuation Course 202, Applied Income Property Appraising Standards of Professional Practice Columbia Society of Real Estate Appraisers; Course I and II Attended numerous seminars and lectures on real estate appraising PGIVEN A : 5 0 C I A T : 0 APPRAISER'S QUALIFICATIONS (CONTINUED) PATRICK A. GIVEN, SRPA STATE CERTIFICATION: Patrick A. Given has been certified as a General Real Estate Appraiser by the State of New York, Certificate #46000000704 EXPERIENCE: Patrick A. Given is a real estate appraiser and consultant and is the owner of Given Associates, 550 Route 111, Hauppauge, New York 11788. He has been active in the real estate and appraisal field for more than twenty five years. Licensed real estate broker. Past Chairman of Town of Smithtown's Board of Assessment Review. Has lectured on real estate appraising at Stony Brook University and Hofstra University. Has prepared appraisals for the Federal Government, State of New York (various agencies), County of Suffolk, Town of Smithtown, Town of Islip, Town of Babylon, Town of Southampton, Town of Southold, Town of East Hampton, Town of Brookhaven, Suffolk County Water Authority, Incorporated Villages, banks, corporations, attorneys, estates, school districts and individuals. These appraisals have included all forms of real estate, such as residential, commercial,- industrial and leaseholds. Has testified as an expert in real estate values in the Federal District Court, Supreme Court of New York(both Nassau and Suffolk Counties)and New York State Court of Claims. Has been tested and qualified as a fee appraiser by the State of New York. FGIVEN ASS OCIA TES W _ REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Automated Data Processing CSW Associates Inc. Ahem, William F., Esq. Deer Park Fire Department Associates & Ferren DeNicola, Eugene L., Esq. Associates Relocation Company Devitt, Spellman, Barrett, Calahan, Attonito and Schoepelin DiCanio Organization Bank of New England Dime Savings Bank Bank of Great Neck DL Rothberg &Associates pc Bank of Smithtown Dowling College Bankers Trust Company East Hampton Housing Authority Bausch & Lomb Eghrari, Mark, Esq. Better Homes & Gardens Relocation Eichinger, Charles, Esq. Bivona, John, Esq. Empire of America Relocation Blydenburg, Donald, Esq. Environmental Conservation Boatmen's Relocation Management Episcopal Health Services Bracken and Margolin Erwin, John, Esq. Brown-Forman Corporation Executive Relocation Busch Properties Express Financial Services Byron Reed Transequity Extebank Cahill, Gordon & Reindel Exxon Corp. Cahn Wishod & Lamb Farber Estates Campbell & Miller Farmingville Fire District Castle Auto Parts Figgie International Cendant Mobility First Mortgage Network Charwat, Mark S., Esq First National Bank of Maryland Chase Bank of Texas. First Pioneer Farm Credit Chase Lincoln First Bank Fishers Island Garbage & Chase Mortgage Corp. Refuse District Chemical Bank Geico Insurance Chicago Title Insurance General Foods Circuit City Stores Genesis Relocation Cohen & Warren Glynn & Mercep Coldwell Banker Relocation Goldstar Credit Corporation Commack Public Library Grumman Corporation Commack Medical Associates Grundfast, Michael Esq. Commonwealth Relocation Guide Dog Foundation Corporate Relocation Management Inc. Haring, J. Christopher, Esq. County of Suffolk Department of Public Hauppauge Fire District Works Hebrew Academy County of Suffolk Department of Law Hirsch Fuels, Inc. County of Suffolk Planning Department Historic Preservation County of Suffolk Real Estate Division Home Insurance FGIVEN ASS O : ATES I u • - ) J REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Homequity Nesconset Fire District Hunter Turbo Corp. New York State Department of Huntington Community First Aid Transportation Insurance Auto Auctions New York State Parks, Recreation and Intelicom US Inc. Historic Preservation Island Resources Foundation New York State Office of Mental Kane, Mary F., Esq. Retardation & Development Disabilities Kasper Properties New York State Attorney General's Kennedy, Bruce, Esq. Office Key Bank New York State Department of King, Donald, Esq. Environmental Conservation Kings Park School District New York State Dormitory Authority Klein, John V.N., Esq. New York State Facilities Development Kodak Corporation Kraft Foods N.J. Trust Company Lamb & Bamosky Nixon Hargrave Lawrence Aviation North Suffolk Medical Association Legacy North County Realty L.I. Adolescent & Family Services North Fork Bank Leyden & Kenney North Shore Surgi-Center Lite, Russell &Acocella Northville Industries Corp. Long Island Lighting Company NYNEX Long Island Savings Bank P.H.H. Homequity Loral Information Display Systems Pacific Ventures Mattimore, Timothy J., Esq. Pall Corporation McCarville Ford Peconic Bank McDonald's Corporation Peconic Land Trust Inc. Meyer, Suozzi, English & Klein Petersen, Charles, Esq. Michigan National Bank Pinks, Arbeit & Nemeth Miller Place School District Pinnacle Group Miteq Inc. Pistell, Joseph, Esq. Molloy, Kevin, Esq. Post-Morrow Foundation Morgan Guaranty Trust Company Prudential Relocation Morris & McVeigh Quantuck Beach Club Inc. Moses & Singer, LLP Racanelli Associates National City Bank Raisman & Gerardi National Park Service Ralph Oldsmobile National Residential Inc. Rand Consulting Group Inc. National Equity Inc. Real Property Service Bureau Nations Credit Relocation Group Nature Conservancy Resolution Trust Corporation rGIVEN & S : . = I A T E 5 • ; 'Page`8 - July 6, .YL Transcripts of Hearings . .T ., Board of Appeals 6:51 P.M. - Appl. No. 4837 - HARRY CASHY & MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the 'top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold. Parcel 1000- 50-1-3. ,;CHAIRMAN GOEHRINGER: Mr. Cuddy, can I 'have the Affidavit of, Posting. (Affidavit handed up). How are you tonight Sir. CHARLES R. CUDDY, ESQ.: Fine, thank you. CHAIRMAN GOEHRINGER: You might just as well stay right up there, we're ready to go. Any time your ready, Mr. Cuddy. MR. CUDDY: I'm Charles Cuddy. I represent the applicants who have property at Hyatt Road, in Southold. This is an. application to permit to go into the bluff area 26 feet from the top of the bluff line. The purpose of that is to build a pool. The pool is to have surrounded a brick patio area at the ground level. The patio will be in sand. It will not be in concrete. So there won't be anything affected' seriously by it. The pool as shown on the survey is a pool that in dimension.'is 40 x 20 x 18 feet. The patio area itself is 70 feet across, 30 feet deep. This house was built at the site that it's on because the location was dictated by the Health Department. The applicant could not go forward of the line that he is on. That is, could not go closer to the street because the well and cesspool constraints dictated by the Health Department put his house right where it is. Mr. Ingegno is here, who is the surveyor, and can also indicate to you but I am stating it to you on behalf of the applicant, that his house'is therebecause that was where he had to put his house. What we're asking the Board for is essentially a 26 foot variance to permit that patio area and the pool to go into the bluff area. We're aware of concerns that have been expressed about drainage. I'm aware of the Suffolk County Soil & Water Conservation statement. We have delivered today and I believe as part of the record Mr. Chairman, a statement from Cronin & Cronin Engineers indicating, that they're satisfied that we can place sufficient drainage at this site, sufficient capacity drainage rings so that there won't be any run-off that will adversely' ffect any of the neighbors. • We believe that this is an appropri to application. Certainly having a swimming pool along this area is not an u usual amenity to a house. It's an amenity that a lot of people have. Unfortu ately, because of the location we have to somewhat into the bluff area. But ur engineers have indicated and I think the County confirms it that this does of destabilize the bluff. The main t .Page.9 - July 6, 20(;', Transcripts of Hearings i-M Board of Appeals ) concern is with drainage. We would say to you two things. That one, we will have an engineer certify that the run-off will be contained on our site, and we will produce that at the end of our construction so that part of getting the C.O. will be that we will produce for you an engineer's certification, that there will be no run- off that cannot be contained on our site, and that we have sufficient drywells to contain that. We also note there was some concern about the fence going into the foliage area. We will move the fence back if the Board desires so that it does not cut into that area. For those of you who have been here, this is a long walk down the steps but this is a well-vegetated area. This is not a bluff that's in any destabilization. I would think at this point, that what the applicant is saying to you is that he recognizes that he is asking for a variance. The variance is not a significant variance but it is a variance going to the bluff area. It does not cause destabilization. But we are aware of drainage concerns, and we will take care of all of those concerns. I'd be pleased if the Board has any questions. And to let you know that the Cashys are here. As I said, Mr. Ingegno is here and we are as I said, willing to produce a certificate from our engineer that we have taken care of the drainage concern. CHAIRMAN GOEHRINGER: Two quick things. The pool itself would not be linked to the house in any way, is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: Because we have a brick patio laid in sand which there is no way to anchor that to the house. Number 2, I think we've gotten to the point when we deal with these applications that we are significantly going to be discussing gunite pools as opposed to liner pools. Is this a gunite,pool? MR. CASHY: That it is. MR. CUDDY: I believe it is. Mr. Cashy says yes. CHAIRMAN GOEHRINGER: And I'm saying that in general. I'm making a • generalization because of fragile nature of The top of the bluff. Basically, a gunite pool is even more substantial than the foundation that the house is sitting on. MR. CUDDY: The answer to that is, that it will be a gunite pool. Page 10 - July 6, `,__0 - • ' . . Transcripts of Hearings Board of Appeals - i CHAIRMAN GOEHRINGER: At that juncture, this pool is never anticipated to be enclosed. Is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: We'll start with Mr. Dinizio. Any questions Sir? MEMBER DINIZIO: Well, it looks to me like according to these contour lines, that you can start at about 50 foot contour, and go down to 42? - (Adjusted microphones at this point.) MR. CUDDY: Yes. : MEMBER DINIZIO: How does that, how is that going to be built? Are you building it up, or are you digging into - MR. CUDDY: On the east side we'd be digging in. The grade would come out of the middle, and we go down on the east side and try to maintain thegrade as we go along to the west side. ) MEMBER DINIZIO: So you'll probably build it up where the hot tub is, and lower it? MR. CUDDY: Yes. MEMBER DINIZIO: So, what are you putting you know, on that side of the-, what's going to hold that pool and the sand and all of that on the - MR. CUDDY: There's going to be a retaining area that's going to built along the edge of it, so that that will be behind it. MEMBER DINIZIO: Is that wooden or concrete? MR. CUDDY: Yes, it should be wooden. It shows it on here but that's what it is. MEMBER DINIZIO: So, your drainage and that, how are you going to attack the drainage? MR. CUDDY: The drainage will be, two piped then will be off to the side, so it'll be the low point of trying to catch which is coming to that little point of the right because it goes across approximately 10 to 12 feet as it goes across the lot. 1 Page 11 - July 6, ' Transcripts of Hearings Board of Appeals MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: I think I'll pass for now, Mr. Chairman. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: I'll reserve my comments. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: I won't ask any questions at this time. CHAIRMAN GOEHRINGER: OK. So, I guess what we'll see is what we'll develop throughout the hearing. As you know, we have a request to hold this hearing over until the next regularly scheduled meeting, and we'll deal with that aspect at the end of the hearing. } MR. CUDDY: Thank you. CHAIRMAN GOEHRINGER: Is there anybody would like to speak in favor? Does the Board have any questions of Mr. Ingegno? Mr. Ingegno has become a renowned surveyor in this area, and I see him on all kinds of stuff. Any questions of Mr. Ingegno while he's here? I guess not. We thank you for coming. Anybody else like to speak in favor of this application? Anybody like to speak against the application? Yes, Ma'am. Would you state your name for the record. - MS. BUTZ: Yes, Sir. My name is Mary Butz, and I am one of the owners of 2022 Hyatt Road which is right next door. CHAIRMAN GOEHRINGER: Standing on the street, is it on the left or the right? MS. BUTZ: On the west. CHAIRMAN GOEHRINGER: On the west side. MS. BUTZ: I'm on the right. I'm going down the road. CHAIRMAN GOEHRINGER: You're going down the road more towards - BOARD SECRETARY KOWALSKI: It's on the left though. Page 12 - July 6, 0 • • • Transcripts of Hearings Board of Appeals MS. BUTZ: More towards Kenny Beach. I'm from Brooklyn. East, west, these are difficult issues. CHAIRMAN GOEHRINGER: I'm sorry. MS. BUTZ: Alright. CHAIRMAN GOEHRINGER: I didn't mean to confuse you. MS. BUTZ: OK, anything of that nature can. I first became aware of this on, think it was Thursday evening that this was going on. Apparently the registered s letters were sent to the. previous owner as opposed to us: And I wrote a handwritten letter which nobody does today. Everybody does computers so you can tell how distressed I was. A handwritten letter, and presented it to your office on Friday, in the hope of having this be a continuance. Continuance which is what I believe it is called, and the very little time that I've had between then and now, since it's Independence weekend, I mean you try and getting somebody. The very little time I've had between then and now has led me to believe that a very minor investigation that I've done, has led me to believe, that \ this will be harmful, very, very harmful to the property that I own. The drainage �f issue is an issue of tremendous concern to me. The inquiries I've made of the people who have lived in the area, neighbors, people who have been there, and the previous owner, all, everyone has told the same tale, and that tale is, when this house was built that that property formerly the Lowell property suffered enormously. The lawn was flooded, the basement was flooded and the path going down to the beach was flooded as well. They're terrific drainage issues. I'm in the process of trying to find out who to hire about this and where to go about this. But that taken aside, my novice not knowing east, west, north, south, left or right. My novice analysis of this is, that I am firmly opposed to it for several reasons. (1) certainly my own holdings; (2) the impact it will have on the bluff. I invested my life savings, and this is my primary residence in that piece of property because it was beautiful and I want it to remain so and I cannot be clearer about this. And it's uncomfortable because these folks are nice neighbors and this is an uncomfortable kind of place to be but I cannot be silent and I know there are several others who - CHAIRMAN GOEHRINGER: Can I share something with you apart from the drainage issue and I brought this up before and I don't mean to be redundant with this Board, but it's very important that we do so. This Board took over a series of three meetings. A pool issue in Mattituck with a bluff that's higher than yours, that's not a sarcastic statement, OK. It's equally as beautiful as yours and f the applicants. However, much more frail in reference to the foliation of the bluff `Page 13 - July 6, 2C,— • Transcripts of Hearings Board of Appeals } and the stability of the bluff. And they brought in engineers and again, this has nothing to do with the main issue. I think that one of the main issues that your concerned about is the issue of drainage at this point. They brought in engineers and there was an engineering study done that the weight of the pool with the water in it was actually lighter than compacted soil as rain water hits it and compacts it down on the property. And we found that to be a very interesting aspect in dealing with these particular applications. So the Board very simply does one thing. The first thing we do is we contact Soil & Water Conservation. I don't know if you get a copy of that report. MS. BUTZ: Yes, I got it, I was able to get a copy today. CHAIRMAN-GOEHRINGER: We don't construe_that to be law, but we are very happy, that there is an agency out there that assists us in looking at these applications. Number 2, based upon my conversation with counsel, we make sure that these accessory structures are never linked to the house. Number 3, you heard me say, that we are concerned about the pool and its stability and that is, is it a gunite pool and we are with the understanding that it is a gunite pool. Number 4, the drainage issue because pools occasionally, the pool filter has to be reversed and sometimes the pool itself overflows based upon water or whatever the case might be. And these are all issues that concern us apart from the other main drainage issue that you're concerned about, which you're investigating. I am not speaking for this Board. I'm speaking as an individual. I've been here a long time. I'm not saying that I'm a well-versed person in pools on bluffs. We do grant a substantial amount. Most of them we push them back a little bit farther. We shrink the pool a little bit and we go back and look at it when they're done and they really have very little environmental hazard once they're completed and they go through our review. And I have no objection in giving you the time to evaluate this drainage issue. But what I need to do, is make an appointment with you on a Saturday and go over and look at your property because I want to see your concern from a grass roots point of view. I'm not going to discuss that concern with you at that point. I'm just very simply there to see how your concern basically lines up with everything that we are discussing here and in no way am I second guessing your concern. These are very valuable pieces of property. These are extremely probably the nicest pieces of property in all of Southold on the Sound. What's the date of our next meeting? BOARD SECRETARY KOWALSKI: August 10th. CHAIRMAN GOEHRINGER: August 10th. What's the weekend before that? That is Thursday, somewhere around the - Page 14 - July 6, 0 Transcripts of Hearings Board of Appeals MEMBER COLLINS: 5th. CHAIRMAN GOEHRINGER: 5th, OK, alright. MS. BUTZ: 5th of August? There are several people who wish to speak as well. CHAIRMAN GOEHRINGER: Yes, I know. I think what I'll do is, if you will just leave us your name and telephone number and I'm not positive I'm going to be here on August 5th, but I'll be here the weekend before that, which is seven days prior, which is the end of July. So, if I could meet you out here and you know, just take a look at the entire area because that concerns me deeply. MS. BUTZ: I'll have to check my business schedule. I travel quite a bit, so I'll have to find out. I even stated that in the letter as well. So this just hit me like a bolt of lighting. CHAIRMAN GOEHRINGER: I understand. • MS. BUTZ: And there are several others who wish to speak. CHAIRMAN GOEHRINGER: Surely, we'll continue. Thank you. --- ' MEMBER DINIZIO: Can I ask a question. CHAIRMAN GOEHRINGER: Oh, wait, Mr. Dinizio has a question of you Ma'am. MEMBER DINIZIO: You mentioned about when they built the house. You said, _ it caused problems on a piece of property that you currently own? MS. BUTZ: Correct, yeah. MEMBER DINIZIO: Has that been corrected MS. BUTZ: To my knowledge yes. For the current disposition of the house I believe yes. MEMBER DINIZIO: I mean do you live there now? MS. BUTZ: Yep. MEMBER DINIZIO: So you have no complaints about what happens now when it rains with the house there? Page 15 - July 6, 2C, i Transcripts of Hearings . /,_ Board of Appeals MS. BUTZ: No, not yet. I've only lived there since September 19th. MEMBER DINIZIO: OK, no, no, no, I understand that but what I'm looking at here is, do we know what they did to correct that problem,'or was it just - MS. BUTZ: That we have to do some investigation on. It would only be hearsay at this point. MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Good evening Ma'am. MS. RAVITCH: Good;,evening. My name is Diane Ravitch. I am co-owner of 2022 Hyatt Road. I was recently appointed a Member of the Southold Landmark Preservation Commission and our house is not yet a landmark. Yet, it may soon be because it's a original part of the Marshall Estate which was moved from about a mile east of where we are now. I'm very unhappy about having to be at the hearing because I think the Cashys are lovely people, and very fine neighbors, and it's a very uncomfortable position for neighbors to be in, so would wish that this were not taking place. But my concern was, first of all we didn't receive notice. I received a registered notice, a registered letter yesterday giving me in effect 24 hours notice. Now the Clerk of this Commission knows that I stopped by Friday, because I heard from neighbors, that there was going to be a hearing and I don't think, that is an appropriate way for a next door neighbor to find out about it, and there was some confusion about why the letter was sent to the previous owner because we've owned this property since September, and we do get tax bills. They haven't missed us once on getting reassessed and so forth. My concern in addition to not getting notice, and not having time to investigate this is that there is a very different pitch in the property between one that's under consideration and our as an next door neighbors. Their highest point at the eastern end of their property is 54 feet high. Their lowest point I believe is 40 feet. So, they have a 14 foot pitch on their property, rolling down to ours, and our then drops then to about 35 feet. So, it's almost a 20 foot drop and we saw an architect today who said, your property is a catchment basement for the property next door. So, our drainage concerns are very serious concerns. We're very concerned, that this could have an impact on what is a historic house which is 100 years old, and we feel that our property is very much aggress from the kinds of changes that are being proposed and there would have to be very extensive preparations made to assure us, that our house will not be flooded as.it was before, and we learned only today, the full extent of the damage which was that the lawn had to be replaced, the driveway was damaged, the whole area was under water as a result of the work under Page 16 - July 6, ___0 Transcripts of Hearings Board of Appeals construction. So, needless to say, this is not just an esthetic issue, it's a very serious structure concern for us. Thank you very much. CHAIRMAN GOEHRINGER; Thank you. MEMBER COLLINS: Mr. Chairman? CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: Before this lady sits down. MRS. RAVITCH: Yes. MEMBER COLLINS: I'm sorry, I just want to get clear in my head, which property is yours. MS. RAVITCH: 2022 Hyatt Road. MEMBER COLLINS: I'm sorry. MS. RAVITCH: I'm sorry, it's the property directly to the west of the Cashy property. MEMBER COLLINS: Oh, that's formerly Lowell? MS. RAVITCH: The former Lowell property. MEMBER COLLINS: I'm sorry, I thought formerly Lowell was Ms. Butz's property. MS. RAVITCH: No, we're co-owners of this property. MEMBER COLLINS: Oh, thank you. The same property. MS. RAVITCH: Thank you. CHAIRMAN GOEHRINGER: Next person. Yes Ma'am. How are you tonight? MS. JUDGE: I'm Diane Judge along with Peggy Hadley. I own a house adjacent to the capping of this house, just above the Butz-Ravitch house, on half the lot. I'm not against swimming pools. I wish I could afford one what with the jelly fish. But I'm here to voice objections to the consideration of variance. To use 26 illegal feet of dunes for the purpose of building a swimming pool, hot tub and Page 17 - July 6, 20uu Transcripts of Hearings Board of Appeals brick terracing, into the precious dunes on the Southold inlet. The point is, that between Horton's light and Kenny Lane, there are some 20 houses maybe. I don't know, I've never counted them. Most of them cannot be seen from the magnificent beach along the sound. What happens if the Town of Southold allows its law against encroachment on the beach to be bent this one time? Why Mr. & Mrs. Toedter, the people who live on the eastern side of Misthos's house, will be on the phone next year themselves asking for a similar swimming pool, and how about Jack LeLane, he'll be there next, and probably even Diane Ravitch and Mary Butz will start thinking about putting in a swimming pool. I mean Liz Worths, Otto Lindermayer, Rayne Norman, the Lesters, the people who own Zone Bluff. I noticed last week they're surveying the only empty lot on this road. Obviously it's for sale. Once you see a beautiful swimming pool right •nr: on the dunes you have the right= to expect that you can do the very same thing yourself. Certainly, someone new will see that and want. We are being ask to give 26 feet of dune. That's one-fourth of the illegally forbidden zone. They can't do it all from one side. Bulldozers, backhoes, cement throwers, they have to go around. They have to cut into this dune no matter what anybody says. It's not possible to do it in any other way. To grant this variance would be opening too many steps to too many diving boards. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally configures to the run- e off. Much of the woodsy sites on the hill have been converted to lawns, and in some case nothing but muddy driveways to accommodate the trucks. I'm sorry, I'm out of whack here. I left out a paragraph. Let me back-up a second. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally contributes to the run-off. Much of the woodsy sites on the hill have been converted to lawns, and in some cases, nothing but muddy driveways. East of this location, just such a driveway and drain pipe, and I do . think they put in a drivewell to take off the runway after they built the house. And I personally saw the'damage that was done to the Lowell's basement, and to their lawn which the people had to reseed at least three times in the course of one summer. Plus the Lowells had to put a tar strip on the bottom of their driveway and a cement thing guiding the water down because there is a right-of- way, where seven or eight houses use of this path to the beach which was once a for road runners. It's the only natural cut in this point of the island, and this is only going to add further to the erosion of that beach. If you go down there today, you will see half of the sand and dirt from the Lowells, abuts Ravitch's property out on the dunes. Just to the east there's a house that has a similar drain pipe whether it's legal or illegal I don't know but they have a driveway and a drain pipe leading out to the dunes, and last year at least 35 feet of dune fell into the sea. All of these enormous big black pine trees, you can still see their trunks as you're sitting on the beach. They lost their steps. They lost everything. And my concern really is not as I say about swimming pools. I think the people are lovely people. I don't object to anything they're doing except the Page 18 - July 6, __ _0 ' Transcripts of Hearings Board of Appeals „-, law. The laws must be fair and sound to begin with. You all made them. assume Southold fathers who go to Zoning Law deemed it to be fair and correct. It would be unfair, and incorrect to everyone on Hyatt Drive. Everyone who uses ' the public beach, and all of natures creatures who depend on this habitat of what: was and could still be the bucolic North Fork. I cannot see again you bend the law this time, you're going to be bending it 14 or 15 times in the next few years and that was my objection. Thank you. CHAIRMAN GOEHRINGER: Thank you. Next person. Good evening Sir. MR. MULLADY: Good evening. My name is John Mullady of. My wife and I own a parcel of property. Five parcels to the east of town property in question. Again, I'm not here to.,discuss swimming pools, except one correction that the gentleman who was talking earlier said there are numbers of swimming pool up there. There are about 36 home sites in the area ( ) an extension. As far as my knowledge there are two pools. So, I mean, a number of, yeah, two is a number. All I wanted to say merely was that a ruling of 100 feet, I don't think that was pulled out of the air by somebody who said, that's a nice number. 26 feet is a quarter of it. To take the quarter of this piece of wood which is if it were solid to the floor, take a quarter of it off, and cut out what's holding it by at least 14 feet on one end, and maybe 8 on the other end, you've got a tremendous whole line made here. That's going to be petitioned or supported by ( ). Will it work? Well, there's one way you can find out is to do it. However, I would just like to mention, that the property directly contiguous to ours, on the east, two years ago, one Saturday night, the entire top of the bluff and vegetation disappeared, and the gentleman who owns the property was away, came back that night, Saturday night, got up Sunday morning and looked out and said, what's different out there? What's different out there was that it was all gone. Why did it all go because he was building? No, he wasn't building, there were no machines back there. He wasn't digging anything. The house has been there probably for 15-17 years. There's been nothing changed there except this thing went one day. Why did it go? I have no idea. I asked Mother Nature but she hasn't you know, E-Mailed me back yet. These things happen. Unfortunately, they happen. I'm next door. I lost some bluff. I'm concerned about all of the bluff. If you go from the Lighthouse at Horton's Point, east or west, you will see where it's eroded, and I know you people have all seen that. Peconic Shores, part of it, is a disaster. We have some vegetation on the bluff? Yes, sure. The property next door to me was highly vegetated. Overnight it wasn't. He wasn't putting in a swimming pool. I'm not saying that would make it happen or not happen. But it seems to me, you're going to cut out that big a piece of property, and that much of a retaining a natural retaining behind it, something is going to change there. I would prefer not to see it change that way. It seems to me, that the rules are the rules, and breaking them or bending them, for something of this Page 19 - July 6, 26u Transcripts of Hearings �� Board of Appeals nature, I think is poor establishment. Terrible precedent that a lot of people here today, or tomorrow might regret. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Yes Ma'am. MRS. TOEDTER: I'm Mrs. Toedter. I'm on the other side of the property. I did send a letter. Did you enter that into the file? CHAIRMAN GOEHRINGER: I believe we did. MRS. TOEDTER: The letter? CHAIRMAN GOEHRINGER: I believe we did. - MRS. TOEDTER: OK, but one point that no-one else seems to make is, we own our pumps and wells are in the back and the cesspools are in the front, naturally we had to do it that way. If anything happens when they put in the cesspools with all the septic systems and everything, I don't know that what do you do with your, if they disrupt wants going on there? I think there's a lot of big problems ) that could go on up there. CHAIRMAN GOEHRINGER: We would hope there's no disruption. MRS. TOEDTER: We would all hope. CHAIRMAN GOEHRINGER: When you say in the back. You're saying the cesspools are in the front of the house, or in the back of the house? MEMBER COLLINS: Roadside. MRS. TOEDTER: It depends on what you're calling the front. MEMBER COLLINS: Roadside. CHAIRMAN GOEHRINGER: You're on the roadside. MRS. TOEDTER: Actually on the dirt roadside and the cesspools - CHAIRMAN GOEHRINGER: Let me just say one thing, OK? The third lady that spoke tonight concerned herself about heavy machinery. We've gotten this thing down to the point, when I say thing in general, I'm making a generic statement. We allow one backhoe, alright. One small to medium size backhoe in the construction of these pools. I don't care if it costs the man 20 or the lady Page 20 - July 6, _ _) ry Transcripts of Hearings • Board of Appeals $25,000 to pump the cement in over the top of their house with a cement pump. But there is no heavy equipment allowed in the construction of any swimming pool in the Town of Southold, on a bluff, on a dune, at this particular time, if it's granted by this Board. That is clearly stated within these decisions, and we have started this process also. I am not orchestrating. I am not pushing for the swimming pool in any way, manner or form. I'm just telling you, that we are trying to take every possible precaution. That is - MRS. TOEDTER: The weight of the cement and the weight of the water? CHAIRMAN GOEHRINGER: Everything is taken into consideration. We are not an environmental group. But I assure you, if it requires triple layering of some type of barrier when it's being..constructed. I'm talking about straw or hay or anything. The least amount of defoliation of the grassed area when it's being constructed, so on and so forth. These are very important factors for us to concern ourselves with in the construction of these pools. Again, I'm not orchestrating this application. I am not trying to push for. I'm just telling you, that these are things that we do. When the swimming pool is done, we go back and look at it. (change tape) between the houses to the west, and that concerns me, and that's the reason why I want to look at them. I want to look at this Valley issue that's in between. I'm not an engineer but I want to look at it anyway. I've v' been doing this for 20 years, and I want to see what these ladies are talking about. r MRS. TOEDTER: Is there a cesspool right there where they want to put the pool? CHAIRMAN GOEHRINGER: No. MRS. TOEDTER: There's a pipe. I guess that's the drain. CHAIRMAN GOEHRINGER: I have no knowledge of any cesspool. The cesspool is in front of the house. MRS. TOEDTER: OK. CHAIRMAN GOEHRINGER: So let us do our job. You know we're going to carry this on to the next hearing and I will look at that in between the two hearings. I think this lady in back had a question there but we'll wait until you sit down. So, we'll take all of your concerns and we'll deal with them and that's why your here to voice your concerns. Page 21 - July 6, 2(A d Transcripts of Hearings Board of Appeals MRS. TOEDTER: I thought maybe you had already investigated and that's why you're - CHAIRMAN GOEHRINGER: I have been to the site. I am very.:happy about the bluff itself because it's not that frail. In reference to it's very well foliated and you know, that makes me very happy. Unfortunately, I had shorts on that day, and get poison ivy like you will not believe, so I did not walk anywhere, maybe within 30 feet down the bluff and I didn't go all the way. Normally I go all the way. But we will take everything into consideration. So please - MRS. TOEDTER: I'm sorry I missed the beginning of the meeting. I didn't know if I could get here. That's why I wrote the letter. You took into consideration the fact that you passed a law,c:and now they want the circumventure of law, and you'll probably pass the law- CHAIRMAN GOEHRINGER: Can I just explain this? I said this at nauseum, and this has nothing to do and I will reflect upon this also. When this.law went on the books, I discussed it with the orchestrater of the law, and I told him, that this will create a tremendous problem for people that have existing dwellings, and people that want to build new dwellings, on smaller lots. This is not necessarily a smaller lot. But we had heard from counsel, that they were mandated to put • the-house in this location. That does not mean that we constantly push this 100 foot issue. The orchestrater of this law told me, all he wants us to do is look at every individual application, and he wants us to minimize the type of construction that we have. That doesn't mean the law doesn't stand. It stands. Only this Board can vary it and only this Board will vary it, and that's the way it's been since the law has been effect. MRS. TOEDTER: What is itlike between houses, because you know someone calls it's pretty, they carry the sound and that's why I'm trying how many feet it has to be from another house? CHAIRMAN GOEHRINGER: There's no law in that respect. MRS. TOEDTER: Because I know the people below them, their bedroom, the Lowell's bedroom is right next to the water there, and that's the water ( ) over and if a pool were there, you could hardly even and people were jumping in and out at night, they could hardly use that room as a bedroom. CHAIRMAN GOEHRINGER: I see. MRS. TOEDTER: There's no law about that? Page 22.- July 6, :_....0 Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: So let us do our job. Let us continue the process throughout this hearing, into the next hearing which will be in August and we will report back to you what we found, and we always do, and then we'll - MRS. TOEDTER: We're unfortunate are on that side of the bluff, because we don't have as much on the other side but it's starting, and just last winter what use to be better crossing to that bulkhead down, and so it's a, it's been fragile. CHAIRMAN GOEHRINGER: They are fragile. Thank you. MRS. TOEDTER: Thank you. CHAIRMAN GOEHRINGER: Ma'am, I believe you had, I don't mean toxpoint at you, but I believe you had a question before that you wanted to - MS. : When you said no heavy equipment. How big is a truck that brings the water in alone? CHAIRMAN GOEHRINGER: The truck has to remain in the front of the house. There is nothing that is allowed to the rear of the dwelling except for, except for a small backhoe to dig the hole. That is it. That's the condition. MEMBER COLLINS: Mr. Chairman, can I put two cents in? CHAIRMAN GOEHRINGER: Yes, but this lady hasn't - MEMBER COLLINS: Oh, I'm sorry. I thought Ms. Butz had finished. CHAIRMAN GOEHRINGER: I'mfsorry, again I apologize for pointing at you. MS. MITZNER: I know this is going to be ( ). I feel very strongly about it. Terry and Jennie had me here tonight cause I - CHAIRMAN GOEHRINGER: We need your name for the record. MS. MITZNER: Melanie Mitzner and I bought their house on 1050 Hyatt Road. And I have, I was in on the hearing on the other, well I wasn't on the other side .`£s_ because I was happy that the property was'large and they couldn't develop it: When a very delicate ( ) system they are more protected and there is a bluff that has collapsed within five or six properties or less in that area, just due to north eastern rainfall run-off tide, whatever you know is happening. I think that building in that location is taking an undue risk, and the bottom line is; when it's nature against man, we all very well know who wins out. Page 23 - July 6, Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Thank you. You want to make a statement Ms. Collins? MS. BUTZ: Sir, when is the next meeting going to be, did you say? MEMBER TORTORA: August 6th. MEMBER COLLINS: No, 10th. CHAIRMAN GOEHRINGER: August 10th. MS. BUTZ: 10th, OK. I have to see you after this, is thatcorrect? CHAIRMAN GOEHRINGER: No, if you would call me tomorrow. Call the office tomorrow and just leave your phone number and we'll set up some date that's convenient for everyone. MS. BUTZ: OK. _ 4 CHAIRMAN GOEHRINGER: I mean it's not necessary if this nice lady sitting next to you is going to be there, you don't have to be there. MS. BUTZ: I own 50% of it. I want to be there. CHAIRMAN GOEHRINGER: OK. MS. BUTZ: This is my primary residence. CHAIRMAN GOEHRINGER; I understand. I mean I'm not trying to strip you of that. MS. BUTZ: It's not my summer home. This is what I own, but I wanted to ask one more question. CHAIRMAN GOEHRINGER: Sure. MS. BUTZ: I have to go and check my calendar. I may have to postpone this. We may have to have another discussion like I don't know if I'm going to be here August 10th. This all came like gang busters. CHAIRMAN GOEHRINGER: I understand. Page 24 - July 6, : 0 • Transcripts of Hearings Board of Appeals MS. BUTZ: Alright? MEMBER HORNING: Mr. Chairman. That particular lady I think is the one who rnentioned the right-of-way. Can someone tell us more about it?- This is of-way that you say is used a - MS. RAVITCH: On the property that we jointly own there's a right-of-way and there are several families that are entitled to. come through that right-of-way to the beach and it's on the west side of the property that we own leading from our driveway down to the beach. MEMBER COLLINS: It's a footpath, right? MS. RAVITCH: It's a right-of-way. It's a footpath. MEMBER COLLINS: Footpath, OK. MS. RAVITCH: And it was as I mentioned earlier washed out during the construction of this home. This home by the way, was constructed after the passage of the 100 foot requirements as I understand. CHAIRMAN GOEHRINGER: H'm, h'm. OK, Ms. Collins. MEMBER COLLINS: Mr. Chairman, I just wanted briefly to address a couple of comments to the neighbors which I think they deserve to hear from us. We hear frequently at this Board, we must obey the absolute letter of the law. The law is the law. Someone here tonight used the word, circumvent with respect to the request for a variance. It's not circumventional of law. The State of New York, the Law of the State of New York, says that if a locality has zoning setbacks and other things like that, a locality must have a Zoning Board of Appeal as an Appeal Board for people who are unable to do what they want with their property because of zoning and our job is to balance and to weigh and the State tells us that's our job. And the laws are on the books, and the laws are the laws and it's our job to hear appeals from them and it's not circumventing the law. I just don't want you folks to think, that there's something predacious about our appeals process. This is the way it's suppose to work. Thank you Mr. Chairman. y MEMBER DINIZIO: Can I make a comment also that may be helpful to you folks? CHAIRMAN GOEHRINGER: Sure. Page 25 - July 6, 26. Transcripts of Hearings - ---_-) Board of Appeals MEMBER DINIZIO: If I were to hear from say, an expert on your side. Say you go out and find an expert on your side, I'd want to hear about three things. One is if that erosion is still going on from the house and whether it's still effecting your property? The second one is, if I could hear an expert tall-=me, why that bluff that you say went down five lots, why it went down? Give me a reason because living here all my life, it doesn't just happen overnight. There's always some way, some how something has happened, and if you can bring a reason and I'm not suspecting what the reason will be good or bad to this applicant, but certainly would be helpful for me if you want to inject that into this conversation. If it's helpful to you, good. If it's not, you know, maybe you don't bring it up. And certainly, I think that the 100 foot setback as I've always seen it, you know, it's just that. It's a 100 foot setback and you try to live by that, as much as you , possibly can but when the other zoning laws, the other laws gave him a waiver, a person a use of his property, you know he has to have a place to seek relief because you know he's a taxpayer just like anybody else. And I can probably say from my point of view, that this application will look much different when we're done with it, and I know you're probably all friends and I hope you all leave friends, but if you can inject and try to show us you know, why, give me a concrete reason as to why you think that this particular pool will cause any erosion at all. You know there are experts. People that may be able to say, give a good reason for that. I'm certainly willing to hear it. I do know seating on this Board now for 14 years, you can build this close to a bluff, and you can do so without disturbing that bluff. But you know, if you have concerns, and you know, express your concerns to an expert and he can explain to us, I have no problem whatsoever, you know believing that fact. Thank you. CHAIRMAN GOEHRINGER: OK, we are at this particular point, we have _ requested, oh, you want to say something? Pardon me. MEMBER TORTORA: I just like to ask the attorney for the applicant. CHAIRMAN GOEHRINGER: Mr. Cuddy. At that point, if it's alright with everyone then we're going to recess until the next regularly scheduled meeting. MS. BUTZ: Or later if necessary. CHAIRMAN GOEHRINGER: You'll have to send us a letter on that respect. MS. BUTZ: I shall do so but I want that on the record. CHAIRMAN GOEHRINGER: Right. Mr. Cuddy. I don't know if he can hear you. Page 26 - July 6, _0 ` ' Transcripts of Hearings Board of Appeals - -. I MEMBER TORTORA: How high is that retaining wall? MR. CUDDY: The retaining wall that's on - MEMBER TORTORA: The retaining wall of, the timber retaining wall that holds the brick patio? MR. CUDDY: You mean the proposed wall - MEMBER COLLINS: The proposed. MR. CUDDY: There, I think probably Mr. Ignego could say how high., MR. IGNEGO: It's going to be approximately 4 to 5 feet high. They intend to dig into the east side by about 3 feet and then-fill to about an 8 or 9 foot difference in elevation. MEMBER TORTORA: It's going to be graded? MR. CUDDY: It's going be graded to the middle. MR. IGNEGO: The middle will be thecenter grade and then they'll cut into the eastern and fill to the west. - MEMBER TORTORA: OK, the other thing I was reading Soil & Conservation and you read the report, you know the concerns. One of the concerns was, that . the erosion would be compounded from the brick patio being impermeable surface but I wondered if you come with any options on that? MEMBER COLLINS: It's in sand. MR. CUDDY: Two points that I was making. One was that the brick surface is not going to be completely impervious because of the placement of the sand, which probably makes it very little different from hard dirt that would be packed at that site. Secondly, that's the purpose of having to drainage it at the south west corner. Any run-off that would come by virtue of the elevation at that point, would be picked up by the drainage pools that would be there, and we, that's why I indicated initially, that we're willing to have our engineers, Cronin & Cronin, certify to the Board, that what we proposed would be adequate to take all of the drainage run-off and will not go on to the neighbor's property, and I understand that concern. Page 27 - July 6, 2tiv Transcripts of Hearings Board of Appeals MEMBER TORTORA: Well, the other question we always ask, and you know the question is, is this the minimum setback that you can live with? • MR. CUDDY: Well I would say, that:'there's a few feet less but not an awful lot the way this pool is setup here. With the pool as you can see is a basically a 20 foot cross pool. As far as the width of it goes, coming from the deck out towards the bluff area, part of that pool as a matter of fact is within with the inside of the liner, that's probably 2 to 3 feet. I would think, that there's very little I think you can cut-off and still have an adequate pool. We probably could cut some of it but not an awful lot. • CHAIRMAN GOEHRINGER: Thank you. George, you have a question? MEMBER HORNING: No. CHAIRMAN GOEHRINGER: Again, at this particular point, we're in recess. I will make a motion recessing it to the next regularly scheduled meeting, which at this time is August 10th. However, unless I get a letter from you, (Ms. Butz), it will be up to the Board to make that determination then at that point, OK? I - MS. BUTZ: Yes, I understand. But I do need sometime to get my own expert witness as well. CHAIRMAN GOEHRINGER: I understand and you'll give us a call tomorrow and leave your telephone number. MS. BUTZ: I won't be back at work until Monday. CHAIRMAN GOEHRINGER: That's fine. This is not going to be until the end of July anyway. MS. BUTZ: This has been a wonderful vacation. I wanted to tell you all that I had a wonderful time. CHAIRMAN GOEHRINGER: We're sorry about that but we would like you to call us so that I can make an appointment with you around the 27th, 28th, 29th of July, whatever. MS. BUTZ: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you. Yes, that is a motion. See Minutes for Resolution. 'Rage-80 - July 6, 21 _ Transcripts of Hearings Board of Appeals MR. MESKOURIS: I just feel that I'm being called a liar. We're not up to par over here on the situation the way it's been handled, but it was a dirty deal from the beginning. CHAIRMAN GOEHRINGER: Thank you Chris. So lets close the hearing at this point and we'll wrap this up. Hearing no further comment, I'll make a motion closing the hearing reserving decision until later. See Minutes for Resolution. • End of Hearing. PHJULY 6 Prepared by Lucy Farrell py RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR 940 !o 0- P,1wt Town Clerk, Town of Southold - �� LE`1 I@ EE OWE E 5"( ° ilu - goo LICENSED PROFESSIO -- .2, NEW.YORKs',i (1-7 121f, _ Cronin and Condon Consuitinc-Engineers r` . 1755 Sigsbee Road y, Phone:631-734-7250 Mattituck,New York 11952 Fax :631-734-7014 July 5, 2000 r - Gerard P. Goehringer, Chairman, Zoning Board of Appeals Southold Town Hall P.O Box 1179 Southold, New York 11971 Re: Cashy and Misthos- Pool and Brick Patio 1900 Hyatt Road, Southold SCTM#1000-50-01-03 Your file No.4837 Dear Mr. Goehringer: On June 29, 2000,we completed an inspection of the existing conditions at the referenced property. We have also reviewed the property survey which indicates proposed new construction and have reviewed the June 23,2000 letter from Sufflok County Soil District Technician, Mr. Joseph W. Gabrinowitz. Based on that information, we have the following comments: 1. The proposed inground pool and brick patio will encompass part of the existing rear yard, but will not extend into the area currently occupied by trees and shrubs. Therefore; removal of vegetation in that area will not be required. 2. A portion of the perimeter fencing indicated on the survey is shown to be installed at the top of the bluff. The owner is willing to install that fencing southwarO of the top of bluff as per - recommendation by your office. 3. The north face of the proposed pool and patio area is a distance of approximately 75'from the top of bluff. This entire area is densly covered with healthy shrubs, vines, and trees. The . proposed construction will not have an adverse affect to the current conditior>I of the bluff, and will not adversely affect bluff stabilization. 4. We have completed preliminary storm water run off calculations and have determined that additional drainage pool/s will be required to properly accept additional storm water runoff from brick patio area. New pool/s can be installed just south of existing drainage pools. 5. Existing grade elevation at top of bluff is higher than surrounding areas(including proposed brick patio, existing lawn areas, and the vegetated bluff areas). The water intake grate at existing drainage pools is the lowest elevation on the property and the proposed , water intake grate elevation willmatch that of the existing grate;therefore all storm water will be self contained on this property. Please review and call if you have questions or require additional information. My direct line is 765-1798. Thank You. ce ely, Si /". 0 ��° � �' divr----- ti4 14IN SC,9 ), Mark K. Schwa ,AIA- •rchitectt�l 1 Cashy3.doc Q' '4'4 15 )‘ ., 02239 d° ns;.•-..S D 7) FOR BOARD AND STAFF USE 0000 Updated New Information 3//0/ )22 , �� -7/6/ Zaiaifi� dod> d 74 3/p/cA I Calla `7114, eter.ruz4r's ye jvh)(1,,az;4Adt-i,,) l b Pm-' / '. 1 _ . li %i l . / //. 2 /g �s a-ddZ;co Aa-u_ b�P loGQ�I LGlt�z��, !` �W .nT�� ik3 , 61 11M;". � J f t —� -a Lam✓/5;9),:-) sem'/ 41'le K04,-,P4 ig)c e & r �.�cu z�c f i Ars atic /a r ja. V _ c az&.-P ,z.*--/a -j:ro 31/C/01 10- 3190/ /-i71.. �4/ _ '` , � . - ji.e4 ;ft4 . _ -J tei2/4_5.- v /-4.5-7- ( ,, FOR BOARD AND STAFF USE --i.e,-/W .b, Updated New Information, //c)2 7 AA •76:20-ach_i -/X,--zi-VAe-i--1 .5-,0---/--cZ je _W____41-0-- -ed -� WI rwe.... -Ale _ e-; a-- .4._ ,_ "�,J4 f /0i_/ E v, 7// in4_Cel�rdam: ,,, e6 63° ez) /_, �/ Lam_' 0 - 111,1fi , AI 7/8— 3Ltrct46Y "765 =a6 / 6 _41/1 , 7d7 nedied dx - ,Q d,./.„, 6.,,,,,t,_;_a ff,„, /`(7• Ada ?ff. A ,0,440/ruzi) aAi/. neeeLir 0 /miyi - , sE a SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF HEARINGS HELD APRIL 19, 2001 (Prepared by Paula Quintieri) Present were: Chairman Goehringer Member Dinizio Member Tortora Member Collins Member Horning Secretary Kowalski PUBLIC HEARINGS: 6:55 p.m. Appl.No. 4937—SOUTHOLD PARK DISTRICT Withdraw by applicant 7:19 p.m.— 8:30 p.m. Appl.No. 4837 H. CASHY and M. MISTHOS. This is a request for a Variance under Article XX!V, Section 100-239.4A to locate an accessory swimming pool and hot tub construction less than 100 feet from the bluff of the Long Island Sound, at 1900 Hyatt Road, Southold; 1000-50-1-3. CHAIRMAN GERARD P. GOEHRINGER: Is there anything that you would like to say for the applicant council. CHARLES R. CUDDY, ESQ.: I'll wait until the opposition finishes. CHAIRMAN: That was Mr. Cuddy. Thank you sir. We are ready for your presentation sir. GWEN SCHROEDER: Hi, I'm Gwen Schroeder, I'm the Southold Coordinator for the Northfork Environmental Council. I would like to address the board about the application, specific application which is before you. As well as, express the Council's general philosophy on construction within 100 feet of the bluff After going over the agenda tonight I can see my comments apply to many of the applications. NFEC believes that the board of appeals should exercise extreme prudence when considering granting relief from the 100 foot setback requirement. We believe that due to the environmentally sensitive nature of the bluff and adjoining e-flow systems, as well as, the potential impact the construction will have on neighboring properties; relief should be granted only in situations of hardship. NFEC does not consider the inability to construct a pool on one's property to be a hardship. The bigger picture must be considered. The board has the right to deny this application. Although the applicant's attorney correctly sights instances in which the board has granted relief in excess of the 26 feet that is being requested in this case, we ask you to consider the what the cumulative effects would be if every property owner on the bluff were to come to you for review of the 100 foot setback rule. When would be the time to draw the line and say no. With development pressures r { r Paget Apnl 19,2001 ' ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD escalating on the North Fork, I would say the time is now. Why do we have the setback requirement at all if we it is routinely allowed to be jeopardized. Granting relief should be the exception, not the rule. I just want to quote a statement of a publication put out by the New York Department of State. This is from the Long Island Sound Management Program, it is a draft from 1993. I quote, "Respecting the dynamics of shore line change is necessary to protect human life and properties and to gain both the economic and environmental benefits associated with a more natural shore line. The coast is not imperatively hazardous. It is the inappropriate location of development that creates a hazard for life and property. Avoiding an appropriate decision for locating structures near eroding land is the first and most usable way to respect the dynamics of changing shorelines Allowing the sound shorelines to operate at the natural dynamics system and restoring these natural processes also provides benefits of public access, scenic beauty, wetlands and water quality improvements and erosion and flood protection. Interference• with the sound shoreline dynamics will continue to result in the loss of these and other benefits at public costs. Accepting these costs is only appropriate in areas where public benefits clearly outweigh public costs." Thank you. CHAIRMAN: Thank you. Good evening, sir. Could you state your name for the record. JOHN CIARELLI: Good evening, Mr. Chairman and members of the board. My name is John Ciarelli. I am an attorney with the firm Ciarelli and Dempsey. We represent the neighbors on both side, adjacent to the subject property on both sides. I know that Mary Butz, one of our clients who owns the property to the west,has additional evidence that she would like to present at this time consisting of photographs and some comments. MARY BUTZ: First of all, it's a good camera it's really not a good photographer. These photos were taken on Monday, of,what I call Passover Monday. I happened to have been off from work that day. We met a neighbor of ours, Mr. Mallady, who is here. We walked up and down the bluff,yet again. Mr. Mallady does not walk the bluff as often as we do during the summer months. About 150 yards down from the site request for this pool, exists this (shows photograph). CHAIRMAN: We need to see it. You've got a glistening here Miss Butz. M. Butz: These are the steps that went up to the property. CHAIRMAN: We can keep this, right? M. BUTZ: Sure. The Lester property it's called. You can see what happened to'the steps. You can see what happened to the land. You can see the gullies. This is the chair rail going up and the gullies and the streams coming down. The absolute corrosion that's Page 3 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD going on, on this block. You couldn't stage that. That really is what is going on at this moment. MEMBER COLLINS: Mr. Chairman, could you ask this lady(I'm sorry) M. BUTZ: My name is Butz (spells it). MEMBER COLLINS: You don't have to do it right now. But if these photos are going to be put in, I would like a clear annotation on the back of each one of them. The date it was taken,you've told us,but I would like it on the document; and, where, you said about 150 feet from a place, M. BUTZ: 150 yards MEMBER COLLINS: Please when you have an opportunity to, come in the office and annotate these pictures. Because, otherwise, they're just pictures. CHAIRMAN: We're doing that as you speak. What did you say the date was? M. BUTZ: I don't have a calendar. The 9th, I know because it was my day off. So I associate it only as that date. This year our holiday... CHAIRMAN: Can I have that picture back so I may...thank you. You may continue. M. BUTZ: Okay, I don't know if I should move on to the next. I think I'll stop talking about, I was asked simply to speak about the photographs that I had. I took them myself. They were taken on apparently the date of the 9th, or whatever that Monday is. The one that just passed. I took them with a Canon EOS camera. I brought them to a local photography shop and had them blown up and mounted them. I wish I were better at it. But this is one of the primary concerns that we have with this variance. We have many other concerns as well that will come out as we speak. CHAIRMAN: Miss Butz,before you sit down, this is 150 yards from your property due east. M. BUTZ: No, I think it's more appropriate from the Cashy property. We are right next to them. So it is about 150 yards from the Cashy property, the property in question. CHAIRMAN: East of applicant. MEMBER COLLINS: Which end of applicant's property? I'm not being bloody-minded we're being asked to consider the condition of the bluff and I want to know where. M. BUTZ: I'm not saying that at all. I'm just terrible with directions. MEMBER DINIZIO: I'd like to ask a question Mr. Chairman. . Page 4 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: Surely. Can I just give these to council so he can look at them. Would you give those to council. Thank you. MEMBER DINIZIO: What's at the top of this bluff. M. BUTZ: This particularly one? Someone's property. MEMBER DINIZIO: Is there a swimming pool there? M. BUTZ: Next door there is. MEMBER DINIZIO: No, in front of this here? MEMBER HORNING: Yes, I'm curious to see what the relationship is between approval and erosion of the bluff. CHAIRMAN: You have to use a mike sir, and you have to state your name. BOARD SECRETARY KOWALSKI: Excuse me,before you speak sir, we need your name please. JOHN MALLADY: My name is John Mallady. I own the property ambiguous to the slide. They're on my right when I look out my window. CHAIRMAN: That's east of your property? JOHN MALLADY: Yes, on the east side. I'm 1400, that's 1300. On top of the bluff there is about 110 feet of grass and then°a house. I'm talking about the property, and then a house. There is nothing there, as far as, a pool, or weight on that property. The reason I came up is that I thought I could just clarify that,because Miss Butz didn't know that. MEMBER DINIZIO: What would be the cause of that erosion? JOHN MALLADY: I don't mean to be flippant,but if I was on better terms with mother- nature I might be able to answer that. I don't know, what I can tell you is that in the last three or five years,we have had an inordinate amount of water flowing through the area. There are a lot of underground springs up there. Mr. and Mrs. Lester, who are my neighbors to the east where the slide occurred, invested a considerable amount of money 11/2 years ago to let someone fix it. This spring, a northeaster came and unfixed it. I think what is important, also, is if you know the area and you can walk the area; I'm not saying you people should do this,because it's something that we do all the time, that from the point (we call it the point, Horton's point)which is about two properties east of this property we're talking about where the slide is just past that is where the Park District is, there is a little jetty. There are some rocks on the beach, this is where the Park District Page 5 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD ends. From that area all the way down to Kemity, which is the old Betty Parson's house, Otto Lindemeyer was next to that, Lester(which is the slide),me and then three more properties this spring for the first time, we have seen substantial underground water coming out through the bluffs. Every year there's been a little there. We've always had a little bit. There's been a little here, a little there, a little over there. This year, right,now, every property you walk down and mother-nature doesn't define by property, as you walk down the bluff from the Parson's property which is 300 feet east of me, down to probably two properties past me which is to the west another 200 feet; there's a lot of water Running down because of the rainfall we had. That has nothing to do with should we build a pool or not build a pool. But, I think it certainly should enter into our thinking when we say, should we do something. That,maybe we should interfere with this bluff unnaturally,because,unfortunately mother-nature may have other things in store. But we just don't know. The bluff is not as stable as I've heard people say. "Don't worry, it's been there for a long time, it's not going to change. It has changed, it is changing; and unfortunately, it's changing right now. I haven't really questioned it,but I'd be glad to help you if I can. MEMBER DINIZIO: I guess;in answer to my question, this erosion has occurred naturally. JOHN MALLADY: I can't say it. MEMBER DINIZIO: In other words, someone didn't build a house too close to that JOHN MALLADY: The house that's there has been there for; I would guess, eighteen or 20 years. It's back, well it's now not as far back from the bluff as it was 2 years ago. But it's probably, right now, it's back (a guess) 70 feet, 75 feet something like that. MEMBER DINIZIO: I just wanted to see if there was something on top. JOHN MALLADY: No, no, they did not do anything two years that said, oh look what happened. No, I don't think so, not at all. CHAIRMAN: Okay, Mrs. Tortora has to ask a question. MEMBER TORTORA: I really appreciate listening to testimonies made which you live in an area. I'm going to pick your brain. JOHN MALLADY: Well, thank you very much. MEMBER TORTORA: How long have you lived there? JOHN MALLADY: This is eleven now. MEMBER TORTORA: Has your property eroded back from the bluff line during those eleven years? Page 6 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD JOHN MALLADY: We have not, yet. I will have to tell you that, and you probably know, that when you get a slide over here, it has a tendency to go like that. We're probably right on the edge; and it's going to happen unless we do something, or combined we do something to do it. The property east of the slide property,has already been affected. Maybe five to six feet,no dramatic thing,but it's still affected. MEMBER TORTORA: It's not all properties, there's properties that there is obviously some sort of gully. Where there's that gully, then....Has the overall line of the bluff within 300 feet of the Cashy property? Has that eroded? JOHN MALLADY: Has that eroded? MEMBER TORTORA: Would you say that's receded within the last ten years that she's been there? JOHN MALLADY: You'd have to be talking, to the east. I'm not, I can't say. I think that has happened. But I think I've seen areas where I though, oh gee, last year I thought there was more out here than there is right now. You know, that's not a gospel kind of thing,no. MEMBER TORTORA: In some areas that we've seen in Southold, we've actually seen very, very firm that we've seen. In some cases,we've seen foundations crack. JOHN MALLADY: Oh yes. You see it in Peconic. You see it right at the Lighthouse. You see the fence hanging off at the Lighthouse. That's a little further east. But, this is all just washing down, year after year, after year. The benches they put up last year, on the beach by one part of the Lighthouse, they're gone. They were washed down this spring with the run that hit the Lesters again. So yes, there are changes. For me to say I haven't seen it, doesn't really mean it hasn't happened. MEMBER TORTORA: Okay, thank you very much. MEMBER HORNING: The other neighbors aren't here,but to your knowledge, the house immediately to the west of the Cashy property around McKinsey, was that built before the applicant of JOHN MALLADY: Oh yes, it was moved there. Yes, it was there quite some time before. MEMBER HORNING: Before the Cashy house? JOHN MALLADY: The Cashy house is probably the newest house in the area, right now. MEMBER HORNING: Okay, thank you. Page 7 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: Thank you sir. CHAIRMAN: Sir, state your name for the record. CHAIRMAN: We know you're the next door neighbor. WILLIAM TOEDTER: William Toedter, and the next door neighbor to the east. To answer Lydia's question, I would say that our property from the bluff on down has had some erosion. It is difficult to see because of the undergrowth. But, as a youngster growing up there and living there for forty years, and walking through the forest and retrieving balls; I can tell you that throughout the whole property and the property now next to us that is being built, we have lost substantial amount of dirt over the years. MEMBER TORTORA: How long have you been there? CHAIRMAN: Forty years, he said. WILLIAM TOEDTER: Forty years, yes. MEMBER TORTORA: How much property would you guess. I'm just asking for a guess. WILLIAM TOEDTER: Property from the bluff on out, from our bluff point? When the house was built, fifty-two years ago now, I believe, what happened is that there was a bulkhead put in at the edge of the bluff there. We haven't lost anything from the bluff line. What we have lost is the portion of the soil that used to be flush with that, going down,has now dropped about five feet down below that bulkhead. CHAIRMAN: You haven't had a slide though? WILLIAM TOEDTER: We haven't had a slide,but,because of the bulkhead. 1 CHAIRMAN: Well that's still a slide. That's still an erosion. WILLIAM TOEDTER: But we haven't lost, I guess from the bluff line, what you consider sort of an edge we haven't lost that. But because of the.... CHAIRMAN: Last Saturday, I was back up to your piece of property, yours and your mothers. I spent some time looking over that edge that you were referring to right now. You certainly can see that there is some movement there. I hope you don't mind that I went up there. It is an absolutely magnificent spot. I did see some movement. There's no question about it. Any other questions of this gentleman? Ladies and gentlemen. Page 8 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD No. We thank you. DIANE RAVITCH: My name is Diane Ravitch, and I share the property directly to the west with Mary Butz. We purchased the house in 1999. The house was built in 1895. It is one of the historic houses of Southold. There's a photograph of the house on the wall right outside on the other side of the corridor. It's described as the Marshall Estate. Half of the house was torn down in 1932. It was next door to the Cahoon Estate, the two houses were side by side. The Cahoon Estate was ripped down, thrown away. Half the Marshall Estate was ripped down and the remaining half was brought, I think by barge, that's the story I was told to a second location in 1932. The house is an absolutely amazing antique structure. It sits on a very low piece of land and the question'came up at the last hearing, why were we so concerned about this pool. In addition to the other forces and concerns the neighbors have, the particular concern that I have is, that we will be looking at a wall that encloses this pool that will look like a structure on the L.I.E. We will be,because of the grade, their pool will be over our heads. Their pool will be eye- level with our second floor. I have an office on the second floor, and when they have parties, I will be eye-to-eye with people on the patio. When we are in our yard, we will be looking at their underside. From our yard, from our door and from our windows, we will be looking at a wall that is 30 feet wide and 8 feet high. This is such an esthetic intrusion, that we feel that this is a terrible invasion of our privacy, our tranquility, and will have most certainly a detrimental effect on our property value. I can't imagine that when we saw this house and feel in love with it, that we would've fallen in love with it had we seen a structure 30 feet wide and about 8 feet high attached by this 70 foot long structure towering over our heads. From the ground it will be obsessive kind of barricade over our heads. So,when I think about this looming over us, this forbidding fortress-like structure that is about to be built, it is very frightening, it's very upsetting. I can't think of anything that could mitigate the esthetic ugliness of this structure. Thank you. I'll be glad to answer any questions, if you have any. CHAIRMAN: Any questions? Yes, MEMBER TORTORA: You're primary concern is the visual impact of the wall? DIANE RAVITCH: I think it would be, A: very ugly, and because it is so ugly and imposing on our privacy, that it would damage our property value. I think, that therefore, it is something that we find very intolerable. MEMBER TORTORA: If there were no wall involved, would, the proposed pool be a concern to you? DIANE RAVITCH: Well it would be hard to imagine, I mean, everything that they've shown us now since they first brought this forward, has involved this large structure facing us. The change in the grade, this wall, the change in the grade that is particularly oppressive and it is hard for me to imagine that this could be changed in such a way that It would not be looming over us,because of the change in grade. Their property towers Page 9 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD Over us. Their deck is 12 feet over us. We currently have a four-foot bulkhead between our property and theirs, which has trees in it; and behind that four-foot bulkhead, would be an eight-foot bulkhead, at least eight feet. Thank you. I don't know if this will convey it,but this is, standing on our property, this was taken on the same day, April 9th (showing a photo) standing on our lawn and looking up at their deck. You can see the four-foot bulkhead, in front of us, it's five-feet in some places,but then, above that is the deck and the pool will be built up almost to the same level as the deck. The deck is 10 feet over the current bulkhead. CHAIRMAN: We can keep this Miss Ravitch? DIANE RAVITCH: Yes, thank you. CHAIRMAN: We are ready for you council. JOHN CIARELLI: Thank you. I would like to offer to the board that a real estate appraiser has testified, I believe, on the second hearing of this matter. I had asked him to review the changes that the applicant has made to the proposal. Essentially lowering the elevation of the deck of the pool, approximately 2.4 feet and moving and shifting some of the components of the application to the east. Aside from the fact that shifting, I think that shift was in response to some of the concerns about noise. Those concerns were merely shifted over to impact the neighbors to the east, more than the neighbors to the • west. That really didn't solve the problem. But, I want to offer a letter that Mr. Gibbon, who still finds a negative effect on the property value associated with the project even though it has been modified to a certain extent. I know that this is the fourth night that you have been here, considering this application. • CHAIRMAN: We really hope we can close it tonight. JOHN CIARELLI: I hope so too. We have looked at some of the decisions that this board has made considering similar applications. Not in the same area,because, this area really doesn't have any pools. I believe that the record contains evidence to the fact that, of the thirty-six properties that comprise this neighborhood, there are only two pools. One of them is, incidentally, immediately to the west of the Ravitch/Butz property; but that pool is almost at sea level. It's slightly higher than beach level,because, right after the applicant's property, the property continues to slope down; whereas the Ravitch/Butz property is much,much lower. The property to the west, is even, it's probably the same dimensions or lower. So that pool is down near the water,probably an elevation of 10 or 12 feet. Quite frankly, I don't know where the other one is. The aerial shows it could be a significant distance away. So this is not an area that is characterized by common use of swimming pools. I know you have considered these types of applications in the past, you have looked to see what the neighborhood has looked like and whether pools are common in the area. The pools are not common in this area. As a result, it's our contention that there will be an undesirable change in the character of the neighborhood. Miss Ravitch Page 10 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD Has spoken to the esthetic impact of this project, actually the pool is proposed at an elevation of 44.8 feet. I believe that at the property line, the elevation is approximately 35 feet. At some places, there is a 3, 3 V2 or 4 1/2 railroad tie retaining wall. There will be another 7 or 8 foot railroad tie retaining wall. It's going to extend, I mean I don't need to describe it,because Miss Ravitch described it quite adequately. It's a significant structure, it will have a significant esthetic impact. It's going to have the kind of adverse effect that you look to on previous applications to see whether this would unjustifiably intrude on the neighbor and we believe that it does. Shifting the hot tub to the east only adds to the burden that our clients to the east will have to endure. There's a hot tub, so there's going to have to be a heater. There are pumps, and the noise that is going to be generated,not only from the people who justifiably and understandably will use the pool, but from the equipment that is associated with. Nobody here wants to deprive anybody of the right to use their property. In this particular case, it's just that they have maximized their right to use their property by building the house where and the way that they did. You have also considered, in the other applications, whether this benefit that they want, the pool, could be achieved by some other way. Right now you might say, they can't achieve it any other way, because that deck is built right to the 100 foot line. But, in reality, they could have achieved this some other way two years or three years ago when they conceived of and built this house. So, answer to that question, is yes. The applicant could have reasonably sought the benefit of a pool by not building his or her house up to the hilt,right up to the line. The site plan shows that the deck and the house are built right up to that 100 foot line. That wasn't invert ant, that was intentional. The applicant will say that was a result of restrictions,health restrictions that were out of our control. We don't believe that it was out of their control. Another thing you also consider is the size and the substance of the variance. I believe, consistent with your other decisions. I also believe consistent with, Mr. Cuddy has said on the record, that it's undisputed. That this is a substantial variance of 26% of 100, 26% of the setback as being encroached on. Are there physical and environmental impacts, negative impacts, associated with this application. Obviously, Mr. Mallady's comments were compelling and we appreciate the support from the North Fork Environmental Council. Because, as a general concept, I know you know, that this is a problem. The town has to consider these types of setback variances different than they consider setback variances that do not have potential environmental consequences. So that it's one thing to allow someone to vary their sideyard to accommodate a porch or a shed; and, it's another thing to vary the setback variance as it is set back off of a bluff line or a coastal erosion area. So, for that reason, even though there is no engineer to say that the installation of this pool will have an adverse impact on the stability of the bluff, we all are confronted with natural forces that override all of these concerns. And certainly there would have been an engineer, two or three years ago, to say that on the Lester property, the installation of a pool wouldn't have an adverse impact on the bluff. But then again you had natural forces undermining the Lester property. You can see that. You can see that if you go there. You've heard it from Mr. Mallady. Erosion for no apparent reason other than natural causes. That should send a red flag up with respect to this application. It should send a red flag up with respect to your decision as to whether you are going to allow an encroachment on this setback by 26% for a pool, which we might distinguish from a house or some living area. But,this in essence is a pool. It's not critical to the use and enjoyment of one's property, Page 11 Apri119,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD where pools are uncommon in the area. And where there, obviously have, it's waterfront property. So the question of whether a pool is necessary for the use and enjoyment of a property, is a question that has to be answered in the context whether or not this is waterfront property. Is the need self-created? Mr. (line 74, side A, tape 2) I respect, the need is not self-created,because we had to comply with the health department's 100 foot setbacks between wells and septic systems. Rather than constructing the building right to the line, that 100 foot line,the applicant could have modified the design to accommodate the Health Department and accommodate the future need for a pool. It's not enough to say that the Health Department imposed 100 foot setback. We couldn't do anything about it. This hardship itself created,because, in the face of Health Department regulations, the applicant still decided to build this building to the hilt. It's a large house, and they built it without consideration for future needs. That's really a significant amount of concern. If they anticipated the need for a pool, then they failed to make provision for it by building the house to the line. If they didn't anticipate the need for a pool, then it couldn't be that important to them. They've chosen to use their property in this way, and they have realized the use and enjoyment of their property. We've heard that the NFEC concern that this is an undesirable precedent; Mr. Mallady has said that on previous occasion. We feel that if this board grants a various of 26% for a swimming pool,not for a house, it will be in effect changing the line to 26%. We feel most respectfully that there are few structures that might be presented to you for a variance that would less justify an intrusion or encroachment on this bluff than a swimming pool. So that by granting this for a swimming pool from 26%to 74 feet, you're never going to be able to-deny any kind of accessory structure for 74 feet. You are • in essence changing the line in that area to 74 feet. I don't believe that's justified. Your neighbors do not deserve to be subjected to these adverse impacts on something that either wasn't a significant consideration to the applicants a couple of years ago when they built the house; or it's an example of that, I hate to say it, development maxim let's build to the hilt and then we'll ask for more later. We urge you to deny the variance for all of the five reasons that the statute tells you to consider and we really appreciate the time and effort you've made considering this application. Thank you very much. CHAIRMAN: Thank you. • MARY BUTZ: I just would like to inform everyone on the Zoning Board, that this is the only piece of property that I own, the only piece of property that I own. I sold a house in Bay Ridge invested my money and looked for three or four years to find this house. Losing 10% of it's value will have dramatic impact on my fiscal well being, for an incidental item. So, I just want that to be known. It's not my vacation property. CHAIRMAN: Thank you. Council. Mr. Cuddy? We would like to wrap this up tonight, if it's all right with you. CHARLES CUDDY, ESQ.: My understanding is you want to close the hearing. Page 12 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: That is correct. CHARLES CUDDY, ESQ.: Often when I sat there I look at you, and you look at us, and say that probably you would like us to go quickly and quietly. I will try and do both,but I would like to say a few things considering the testimony that has been given. We appeared here many months ago, and when we did, there were certain things that were brought to our attention by our opponents. We attempted to make every effort, at the chairman's urging and the board's urging, to compromise with our neighbors. Our neighbors had indicated to us that,by letter, it was in offering; and currently, they've had a change of mind, as well as, a change of council. I'm disappointed,but I would like to say to you I now understand what a moving target is. When we first came,people were worried about drainage; they were worried about bluff stabilizations. They were worried about noise. We virtually didn't hear about that as to this property. We heard about bluff stabilization a football field and a half away, 150 yards. That's not this property. It's not even close to this property. But, that was what we heard from them. You have before you conservation statement from the county, an unbiased source, saying that it isn't a stabilization problem at this particular site. The noise issue has seemed to abate, somewhat, after our noise expert testified. There is, in fact, not really a noise concern. We're going to hand up shortly the statement of Mr. Penesis who is here tonight,but that's gone. Each time that we did something, they countered, so that we now have a whole different scenario before us. We're now worried about the esthetics. We have our landscape architect here. I think he can testify shortly, very quickly. I think he will show you, not only are we on level piece of land, in lieu of the site; but that we are going to, we said to you we will,have sufficient foliage there so that this will block this very big concern that seems to be apparent now. I would like to go back,because I want to tell you that we made the effort that you asked us to make with our neighbors. Neighbors who write us saying, through their attorney, that they want to make an effort to resolve this problem. So we moved the pool, we moved the hot tub, we shorted the pool. We said to them we would put in more landscaping. We did all of those things, and, on the verge of finding out that we had a compromise, we had none. So all of this time, there appears to be a sham. What they're saying to us is,under any circumstances, we don't want the pool. It would have been nice if they came forward and said that four to six months ago. They could have done that. Instead,we've been led down this path where we're going to find a reason, any reason at all to stop it. I don't think the reasons are sufficient. We've gone through, we've had testimony. We've had testimony from engineers, including your engineer,who really didn't disagree with our engineer. We've had testimony from a noise expert. We've had evaluation testimony. We've had virtually all the testimony that was necessary,under any circumstance on a bluff case, to obtain approval for a pool. What this amounts to is someone who has a house much further into the bluff than our pool will be, telling us that we shouldn't use our area. But, when they talked to us about what you should have,whether you should have a pool or whether you should have a deck. Let me tell you, if we'd asked to put a deck in this pool. Or anything that would be improving to the bluff, they would be here opposing us. They would be saying to us, don't come to the site. Theirs is a general upset, it's not a specific upset. Page 13 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD They don't want a pool. They don't want us to use the area where our pool will be. Whether it's a patio, whether it's a volley ball net, they just don't want us to use that area. I don't think that is opposition that's sufficient to defeat the pool, and I would hope that you would not either. Because, then anybody, from any neighborhood can oppose an application; would say to you, we don't like it you should defeat it. Because, that is essentially what has happened here. I would point out to you, again, that we attempted to work with them, we,because they really didn't want us to work with them. I have decisions with me, a letter, that granted pool and deck variances in the last eight years on the bluff. On the bluff from Mattituck to East Marion. Most of the decisions are in the last three or four years. Half of them are pools,half them are decks; six pools, five decks. Nearly all of them involved narrow lots. Nearly all of them involved a more substantial than 26%variance. I say to you, that in each case, when we went through criteria similar to what you have in this case, and you've found that these did not disturb that criteria. I'm sure you've proven that met the criteria. I believe that that's the case here. I believe that we have a similar situation. I believe that we have testimony that supports the same findings that were made here. I'll hand these out, and I ask that you, in considering this application,recognize what the applicant has done. Recognize that the applicant has made the effort to work his neighbors, and he was effectively rejected then. The applicant here is not asking for an intrusion on his neighbors. The applicant here is doing what many other applicants do, and that is trying and makes use of their property. Yes, they're making use of their(Side A, tape 2 line#422) but there's nothing wrong with that that I know of I really would hope that the board would look very carefully at the arguments that have been made,because they keep moving. When one argument isn't good, we throw another one at them. I don't think there is a specific argument that prevail against this pool. I would Mr. Bosman to testify briefly about the landscaping which has been brought up tonight,because of the enormous wall that is going to be on level with the pool. Is going to be around the retaining area. But all of that is going to be screened. We said that before, we're saying it now. That, in itself, certainly(inaudible) MEMBER TORTORA: Mr. Cuddy, I just want to say one thing. Yes, this board has reviewed applications for setbacks from bluffs and on Long Island Sound, from Mattituck to East Marion. However, I think, and all of the board members should agree, each area in our Township and the shoreline is very different. We look at them very differently. In some areas are and in other areas, when the board makes it's decision, it looks at that particular error, not on all the past issues. The other thing I wanted to ask you is, one of the things we always look at, is alternate locations on the property. I don't know how much we've discussed that with you, so let's discuss it now. What has prevented you from putting the pool in the front yard? MR. CUDDY: The cesspool and well are there. MEMBER TORTORA: The cesspool is, I'm talking about the relatively,because it's a waterfront lot you have a choice of which area you want to concern, the front yard or the rear yard. I'm talking about the area south of the cesspool. MR. CUDDY: So putting it out towards the street? Page 14 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD MEMBER TORTORA: Yes. MR. CUDDY: Well, number one, I think the distance between the cesspool and the street is not significant. It's perhaps, it's that mark under here. That would have a lot to do with trying to get a pool in that location and to set up all the things that you normally need for a pool. I think it would be difficult to put it in that location. MEMBER TORTORA: Because of? MR. CUDDY: Because A; of the cesspool, and B; of the, where that would have to come out of that side. I just think it would be hard for them to. MEMBER TORTORA: I'm serious. Is there a certain requirement of a certain distance that a pool has to be from the cesspool? I'm not aware of it: MR. CUDDY: Well, I think then you get into a information question, as to, how much the pool is,versus where the cesspools are. I think that would be a problem. MEMBER TORTORA: Well, it's a fuzzy area to me,but that is one of the things that MR. CUDDY: I,would be glad to push on everyone here to comment on it. MEMBER TORTORA: It looks like the elevations are relatively stable in that area. MR. CUDDY: I'll have him comment so you can CHAIRMAN: State your name for the record. By the way, I didn't swear you in,but you're officially sworn in. ( ?): The entrance to the park area, to the drive area is landscaped totally and would involve large tree clearing on the property. Since there were a lot of trees that were cleared to put the property in. MEMBER TORTORA: Is the area fairly level then? ( ?): It's level behind the stone wall,but it does slope down. MEMBER TORTORA: Is the elevation clear like 57 all the way over to 54 does not look like it's, anyway the elevations look much higher than the area where the proposed pool is, much more unstable. ( ?) It seems rather level in that area,but it would involved a lot of land clearing. BOARD SECRETARY KOWALSKI: Could I have your name please, I'm sorry. Page 15 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD GARRETT BOSSEN: My name is Garrett Bossen. MEMBER TORTORA: Under the criteria that we look at, it's very simple; that there is no other alternative location on the property that would not require variances. MR. CUDDY: (INAUDIBLE) BOARD SECRETARY KOWALSKI: I'm not catching what you're saying. MR. CUDDY: I said I would give you an engineer's statement so that you have that for the record. The buffers will have the ,because I believe that there is a problem putting it in that location. MEMBER TORTORA: I would appreciate that. CHAIRMAN: Mr. Cuddy,while you're still there, normally, and of course, I haven't discussed alternate relief either. This applicant also has the ability to take a portion of that deck down and put this pool as close to, structurally as close to the house as possible. Which would push it way back into the, in the house area. That's another alternate location. MR. CUDDY: To remove the deck? CHAIRMAN: A portion of the deck. Yes. And actually put the pool underneath the deck, closer to the house. Let me just back track, okay. I haven't looked at your list of places that we've granted variances on. Okay. Let me just mention two things to you. We take houses in Mattituck on the 150 foot highest location above the sound very seriously,because there is a significant amount of erosion in those areas. If the major portion of the applications that you've given us that we've granted are in the pebble beach area, we find those to be a little less environmentally unsound;because, they have series of lips on their bluffs. Some of those bluffs in the pebble beach area have almost three lips. It's a gradual contour with lips going down before you get down to the actual beach area. Although the height is similar, in reference to the height. We're just mentioning that,that's some of the reasons why we've dealt with that. It appears to me that in this specific area, Horton's Point,has always been an area which has some significant erosion. I'm not saying that this applicant's property is specifically in Horton's Point; but, it's within the area of Horton's Point. We do have an application before us just on the other side of the steps that lead down to the beach at Horton's Point Lighthouse. The conservation has commented on it and asked us to go to another agency. So, I consider, and correct me if I'm wrong, and that's the reason I'm bringing this issue up. I consider Horton's Point very similar to Mattituck. All right. Let me just give you an example. I have a father-in-law who lives on the bluffs in Mattituck. His property is about 162 feet high. He, in the mid-80's had to move the house back 140 feet. That house now sits back Page 16 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD 140 feet. The reason why I consider these to be very similar is because, I think,they had very similar soil content. Although, I think Horton's Point is rockier, at the beach area than some of the beach areas in west Mattituck. When I say west Mattituck, I refer to west of the inlet. They have a similar clay situation. When you have erosion and the clay strips,the sand strips away; the clay comes out and is exposed, the clay shears off in certain places. That's why I consider Horton's Point similar to Mattituck, in that respect. It also has similar height analogies. So, I'm just saying in general that there are some areas in town where we have less environmental problems and there are areas where we have more. So, we take a look at those a little more stringently than we do others, and, of course,we deal with soil and water conservation, significantly. One of the main concerns that I had with your applicant's property was that of drainage and that drainage field that exists. Of course, we've addressed that issue to a certain degree, in your mind. I'm not sure I'm totally agreeable with it,based upon significance of that wall, a bank that exists between the Butz/Ravitch end of your applicant's house, in the respect that I've just never seen a drainage system like that before. Toward the bluff,but, that's not a 8:15—MEMBER HORNING LEAVES THE HEARING. CHAIRMAN: So in reality, there are still additional concessions that, we do appreciate that you mentioned the fact that you did try to arrive at some happy medium with the neighbors. But, in general, there are still additional concessions that your applicants could agree to that would place this in a different location. Either, adjacent to the house, or in the location that Mrs. Tortora was referring to. I am just mentioning that in general. That's it. MR. CUDDY: I just want to comment a little bit on the stabilization issue. The testimony has been,by knowing you, their side or our side, that it really poses a problem. Also,by the soil conservation people. I agree, that that's certainly a very serious consideration. That's why the first thing we did was to go to them and say this was a problem. That they would probably agree with us. The answer was no. The answer from their engineer was that, it was not a stabilization problem. The answer from conservation bureau was that it was not a stabilization problem. I understand there are fences that do have that problem. It could occur any place, at any time. Unfortunately, The house location of other people will also be effected by that type of situation. What we are saying here is that we're going distance into the bluff, not a great distance into the bluff, and that bluff from all testimony that we had, it is stable at that point. And I believe that's true,based on the testimony. We would, again,be pleased to have that effect once more. I believe there is even further evidence, that other agencies don't believe that this particular site is the problem. You can see, granted the stairs, down that slope. Based upon(inaudible). So, I think all the evidence would show, that at some length the stabilization would be effective on this particular site. I understand Mrs. Tortora has a serious problem because of(inaudible). MEMBER TORTORA: That's a requirement under the law. Page 17 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD MR. CUDDY: I understand. I absolutely will move aggressively so that,hopefully, you will be satisfied. I would like for them, taking a lot of time(inaudible) question about this wall in a different situation. CHAIRMAN: Could I just touch one last area on that, and I'll leave it at that point. As I said to you before, I have never seen a drain in that situation, where it's been placed in the lowest area of the property toward the bluff. We have had testimony from Miss Butz who has indicated to us, that she has had water in her basement of her house. I truly, truly,honestly believe, and I know the drainage calculations that you have given us. I know the significant tailing of the drains that are going to go back on that side of the property. I honestly believe, that that particular situation really has caused some of the water intrusion in the Butz/Ravitch house. That's my opinion. That is not an opinion by anybody else. Based upon the fact that that drain sits there. That's just it. I'm going to leave it at that point. MR. CUDDY: I would add one of the things, Mr. Penesis was here last time. He made a short statement; I'll give you a copy of it to the opposing attorney. Just simply bringing his testimony so that you have it. I had also given to you, and I don't think I mentioned it on the record, that Mr. Ingegno had given us a statement, indicating the location of the pool and the well and this close to the house. I just wanted to confirm that with you- MR. CHAIRMAN: Right. MR. CIARELLI: With respect to the Suffolk County Soil and Water Conservation report, I disagree with Mr. Cuddy, in the sense that I don't believe it's a green light for this project. The technician points out many potential hazards,potential causes of erosion that can be created by this particular project. I think, also, that all of the issues that you've spent a lot of time over the last year considering are still before the board. We don't wish to abandon any of the significant concerns; like the drainage, like the noise. Potential erosion is not a new issue that was created tonight. These are concerns that moved on throughout this proceeding. I know that noise; it's in the record as a particular concern with Miss Ravitch, who works there. I just wanted you to know that We have given this serious consideration. We have given the applicants these serious considerations. We have given everything that has been presented to you over this period of time, serious consideration and still consider them serious issues. I am sure, with respect to whether people certify things as adequate and competent, I'm sure the D.E.C. gave the Lester's a permit with their steps that we see in those pictures are on the downside of the slope. 'They felt in good faith, that the slope and the terrain there was sufficient to hold those steps and to keep them stable over the years. Thank you. CHAIRMAN: Yes, go ahead. MR. TOEDTER: I just like to correct something. Jim Toedter, again. I think, Bob Hyatt's daughter, Jerry, who lives on the property said it best when all this came up. She , • Page 18 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD said, "It's a shame 10 or 15 years ago we, as a community, would get together and talk about changes. Even if Mr. Lindermeyer was making a change to his property 150 yards away, we, as a community, stopped by and talk to him. At no point has council,has the property owners, from the day the house was built until today, approached the Toedter household about any of these issues. Until last meeting,we were not represented by council. Until last meeting, until the pool was shoved over to our side of the property, for council to say that we approved that as neighbors, is totally inaccurate and a false statement. We, at no time,had a chance to do, talk with the property owners, or talk with the council to give a blessing to something that would be so close to our property. CHAIRMAN: Thank you. Sir? MR. BOSSEN: Is there a picture showing the, CHAIRMAN: Yes,right here. MR. BOSSEN: From the time that I,previously, that you received the last meeting. From the point where you see on this picture, where these evergreens are, it would be another row of 9 feet each, doubling up this row here. And then, at the point where it ends, would be approximately 25 to 15 foot barrier. Then the line would continue on up to the point, almost to the end of the neighbor's house. Far enough, so that when you are in the pool area, you would not be able to see people in the pool. You would not be able to see the neighbors. So this view would not be there. This view would have all these trees in this location. The retaining wall would not be shown, you couldn't see that. You wouldn't be able to see anything. Unless you were peeking through the bushes look at the neighbor's property. CHAIRMAN: Any questions for this gentleman?You must pose the questions to the Board sir. MR. BOSSEN: Let me address that. At the point that I was contracted to design the planting plan, the only issue that was posed to me was to screen the neighbors to the southwest. Upon hearing the concerns of the other neighbors, I would be most definitely planting upon the eastern side of the property, similarly, to screen out noise, sight, anything that would be a problem on that side. At the point when I drew this, it was not a concern; it was not addressed to me. But it will be when the design is planted; there will be plantings on that side of the property. CHAIRMAN: Thank you. Any questions of this gentleman? Just a minute, Diane. Any questions of this gentleman, ladies and gentlemen? Okay. Miss Ravitch. MISS RAVITCH: Thank you, I appreciate the opportunity, I am Diane Ravitch, to speak to a point that Mr. Cuddy made. He said that we did not complain about the noise. I think the record is very clear, that we were very concerned about the noise. I have to Page 19 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD submit that I am a professional writer. I have published seventeen books. I have a book that came out in September. I am writing another book now. I work in Southold. My office overlooks the area where the pool will go. I will be at eye level with the people walking around the deck. I am very concerned. We moved here,because we wanted to retire here and I wanted to write here. I thought this would be an extremely quiet, tranquil environment. I did anticipate that I would be eye level with a deck, a patio and a swimming pool and a hot tub. I respect their right to use their property. But I would suggest, if you look at their map that has been submitted, there are other places they can put a pool. But, I am very, very concerned about the noise. I am sure it will be intrusive. And I thought, that technically, the noise expert was dubious to me;because I have a location. My location will be turned up, literally, 12 feet from, well we're 6 feet from the property line)unfortunately, there's nothing we can do about that. Thank you. CHAIRMAN: Yes, last, quick comment. UNKNOWN GENTLEMAN: Could I just say something,because my testimony was brought up? CHAIRMAN: Okay MR. PENESIS: Dan Penesis, I testified last time. I understand that Miss Ravitch is a writer. I don't know what it means that, it's dubious, what I said. The allegations that were made by Mr. Petrulli, "regarding the activity of the water and the bowl of sound energy rolling down the hill." I would be glad to repeat that. The activity that is going to take place there, in the pool, is, frankly, no different than kids playing ball or people having a party. That's what I said. CHAIRMAN: Thank you. Sir. Quickly,please. JOHN MALLADY: I'm John Mallady,just, very quickly. One or two comments to Mr. Cuddy, was that maybe a moving target is hard to find. I was here the first night of the first hearing, and I said basically what I said tonight. We're concerned about the bluff, we're concerned about slide, and we're concerned about erosion. Now, if he didn't remember that-- CHAIRMAN: Please, mister—sir. There is no theatrics here. . JOHN MALLADY: I'm sorry. Mr. Chairman I apologize. #2 Mr. Cuddy made a comment that he felt, that while they tried to work out some sort of a compromise here. Now he's to the point where he thinks that no matter what his client wanted to do, it was going to be, that with no. I would agree with that 155% from my perspective. Because, if he wants to do anything that's going to invade that bluff; I would say, I'm against it. I'm sorry, I'm against it. I don't care who was building it or what it was, or what it was going to look like. I also take a little bit of a front; I've been described, as "he's a football field away, who cares". I care. Thank you, sir. • Page 20 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: We want to thank everybody. This has been a very extensive hearing. MEMBER TORTORA: Your written reasons why no other alternative is acceptable? CHAIRMAN: You will give those reasons to council, at the time that you submit them to us, to Counsel, once you receive them, Sir,you can have five business days to respond to them. Please send your response to Mr. Cuddy. MR. CIARELLI: Of course. CHAIRMAN: So we will close this hearing to no further testimony. We will officially close it on May 3rd MEMBER TORTORA: Thank you all very much. End of Hearing. CHAIRMAN: We realize you're all here; we just have been sitting here since about 6:15. We're just going to take about a three-minute recess and, we'll be right back. 8:30 p.m. CHAIRMAN: Motion MEMBER TORTORA: I'll second it. CHAIRMAN: All in favor, Aye(all) 8:40 p.m. Appl. No. DORIS ANDERSON (owner) and JOHN HURTADO. Applicants request variances under Article XXIII, Section 100-239.4A.1,based on the Building Department's December 20, 2000 Notice of Disapproval. Applicants propose a new dwelling with setbacks at less than 100 feet from the top of the bluff, less than 30 feet from combined side yard setbacks, and less than 40 feet from the front property line. Location: 3400 Lighthouse Road, Southold; 1000-50-2-2. CHAIRMAN: We are to review the letter from the Soil and Water Conservation, which I believe I mentioned tonight at the prior hearing. BOARD SECRETARY KOWALSKI: You're going to recess that with a date? CHAIRMAN: Yes, recess it to June. BOARD SECRETARY KOWALSKI: You have to give a date. May 31st you were going to... • APPEALS BOARD MEMBERS Southold Town Hall Derard P. Goehringer, Chairman isr*0 �Gy 53095 Main Road James Dinizio,Jr. ; o d I P.O. Box 1179 Lydia A. Tortora ci3117 ` Southold,New York 11971-0959 Lora S. Collins �� �� ZBA Fax(631)765-9064 George Horning %=-_,45.,/ 4,011.11Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 7, 2001 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 7, 2001 commencing at 6:25 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Paula Quintieri, Secretary 6:25 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Conditional Approval: Appl. No. 4948— George L. Penny, Inc. Approved as applied for: Appl. 4924—John M. John Brief Discussion: Appl. 4837 - Harry Cashy and Maria Misthos Cashy. The Chairman stated that this will be carried to end of tonight's meeting. Also, possible Special Meeting June 20, 2001 if not • addressed tonight. Appl. No. 4909 — McNamara/Mueller. No decision at this time. (Possible Special Meeting June 20, 2001.) (See end of Minutes for action taken at this meeting.) Page 1.0 —Minutes ^ T'1e1/'ting tGeld June 7,2001 Southold;town Board of Appeals Conditional Approval: f Appl. No. 4954—Gene Walker Appl. No. 4959— Dennis and Desiree O'Clair Appl. No. 4866— Norma Miller Appl. No. 4906—V. and R. Lynch Approved as applied for: Appl. No. 4956 — Robert and Kathleen Lawrence Appl. No. 4953— Henry L. Ferguson Museum, Inc. Appl. No. 4955—Anthony and Carol Mitarotondo Appl. No. 4961 — Robert and Patricia Winchester Appl. No. 4909— McNamara/Mueller— Reversed B.P. Denied: Appl. No. 4837 — Harry Cashy AGENDA ITEM V: RESOLUTIONS/UPDATES/OTHER: A. Chairman offered motion, seconded by Member Tortora, to confirm the following applications for August 16, 2001 calendar: 1. Appl. No. 4939 —Janet Wockenfuss 2. Appl. No. 4958 —A. Marinakis 3. Appl. No. 4927— Kace LI, Inc. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was-duly adopted (5-0). B. The Chairman discussed possible correspondence in reply to Attorney Price's "inquiry" Re: prior ZBA variance adult home use and request for tourist home use. AGENDA ITEM VI: EXECUTIVE SESSION (none held). * * * Brief reviews of pending files and general discussions by Board Members followed. * * * There being no other business properly coming before the Board, at this July 16, 2001 ' Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Re: Appl. No. 4837 — Cashy Variance Determination Dear Mr. Cuddy: Please find enclosed for your records a copy of the determination received today from the Suffolk County Department of Planning. Very truly yours, Gerard P. Goehringer Chairman Enclosure J AtozU�' � COUNTY OF SUFFOLK \i "r �1 con )„1 ROBERT J GAFFNEY SUFFOLK COUNTY EXEC F-1 L' tyl'Sp{S ISLES, AICP DEPART MENT OF PLANNING DIR AOR OF PLANNING JUL t 20®1 ! July 6, 2001 Town of Southold Zoning Board of Appeals Applicant: Cashy (Harry and Maria Misthos) Municipal File No.: 4837 S.C.P.D. File No.: SD-01-01 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comment: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. The pool should be moved to the deck area to minimize encroachment within the 100 ft. bluff setback area. Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD2001\JULY\SD01-01 JUL LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TT-1 FLOOR ■ P 0 BOX 6 100 ■ (63 I) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(63 I) 853-4044 'P BOARD MEMBERS ,�,''",, - H tiff ,I'�,®��SQFf®( COG% Southold Town= 53095 Main Road Hall rard P. Goehringer,_Chairman it h� y . James Dinizio,Jr. 'i `• t ® 4 ; P.O. Box 1179 Lydia A.Tortora , ,'a Southold,New York 11971-0959 . Lora S. Collins G '',. / ZBA Fax(631)765-9064 • 4_ �"• 0- Telephone(631)765-1809 ;'Ol 4 , j George Horning -a„,� BOARD OF APPEALS TOWN OF SOUTHOLD 5, 2001 , 401 • June 2 hbr Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning , .A P. O. Box 6100 Hauppauge,'NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ' t Appl. No. —4837 Harry Cashy and,Maria Misthos Cashy Action Requested: Bluff setback variance for swimming pool and,hot-tub construction • Within 500 feet of: ( ) State or County Road I ( X) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing'or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerar. :. Goeh ger, Chairman By: /lyre, / %A..2 Enclosures / 03/15/2002 15:12 6313E95080 CHARLES R CUDDY PAGE 01!01 • ZAS T�;x , ! S rbc CHAR LES R.CUDDY ��� ATTORNEY AT LAW 445 GRIPPING AVENUE RIVE.R1-1EAD,N W YORK Ma;l;rig A.ddress: TEL: (631)369-8230 P.O.Box [547 SAX; (631)369-9080 Rivorlhe d,NY 11901 if.;`E-xriat):�srauciay_Ocarthlin,lflet J' MAR 6 5 12 i'; 10 )i March 15 , 2002 qriu vIA FAX: 765-9064 Board of Appeals Town of Southold • Main Road Southold, New York 11971 Reg Hyatt Road, Southold Cashy _ Butz/Ravitch Dear Board Members: I have received a Notice to Adjacent Property Owner for an application made by Mary Butz and Diane Ravitch to place a hot tub at their premises at the edge of the bluff. The Board should be aware of this new development, since this is an application being made to the Trustees by the very people who strenuously opposed a hot tub and swimming pool at the adjoining premises. Very truly yours, C-1444--6r. Charles R. Cuddy CRC: cg 03/18/2002 09:13 6313699080 CHARLES R CUDDY PAGE 02/03 Mar 14 0209: 41p p. 2 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES TOWN OF 'SOUTHOLD 'In the matter of •applicant: SCT S#1000- 50- Of-.24 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: ,gocJ .2),421a44 se,Q4 124 r, 7b ?4 NS'r,AJ 'l I�!k RA•ei9 • 1b 7'LNC.E W07• 71,1B ,o.ei 2. That the property which is the subject of Environmental Review-.,is located adjacent to your property and is described as follows . oZ• ota7ZZoboxD erbrme.6 111°41,t)G1 so A7vey 4 vrz- v a>/4.4/.&-- )Q, /9 * 3. That the project which is subject to Environmental Review under Chapters 32, 37 , or 97 of the Town Code is open to public comment on; /c O/a You may contact the Trustees Office at 765-1892 or inn writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal . OWNERS NAME: I1 __ ll�a'__ 1 Ovaily MAILING ADDRESS: ac' 640000 . f'l ,/oPn, `� 0241/PHONE #:_ '7l C Ig -— 7*--C' - Enc. : Copy of sketch or plan showing proposal for your convenience. `_, 3/•.ir. c' —L --i- co FENCE o 36-8 0 a 36.3 or) FOUND s 35 8!I/ 37.2 37 3 25.3 _ CONC _i1A�' m fo ENE -� .i a! 36_G ;� f OOD ON 38 - :�'O00 STIP ,34.9 u,� J ti. v` t ( - OVEPHEA _�o_ qa'LO\ 34.7' in 28 2 LP GAS ' - r• cr,_ o • IANR re C„) 1rIRc d i moo\F• N\° N Iti - EXISTING �� -_I_§� 2 STORY .al u!rto�, c, J co �� j� _� gtIOWE � 27.9' G9 rA �', ooD ( PATIO ' 4O FRAME HOUSE o,'���'�j1J1�1 ` `II ,. -a a . TI- - -- . ,,rJ 4a lf� ''I�-� IE r\�4V 4YDOG' STz?5 q •r Z fir.- " o� 1'3.5' 1€bV 1 pr ; r 60 & LA?iD'kr 73 • "Ai `O rJ '� l�3 %�j/j ADDITION 4.5 Illi _1 `t ! 1 1 r zip- j l l%J� 20.5' f� --(4:t,-,..121 (�I ')33 TI CLRBiNC :7 sC t:\ I •� • TC0.-e c•�' AL PPO•/ / iiDliAIF in ' / ` t 'NEW COVE:REO\ . 1NI PORCI-J ` r, � 4 �'� z i I= 4 :2o� O( ' i I i " . o e rG�' 0 - tivG {JITH SCG STEPS 'HOOD STEPS _ _1 {;pFL .,_ •.1. - Mal 1 DRY • m — °' FENCE FENCE M `rte''LP i 1.5 WOOD POST & lstRE FENCE '.6'S 4/ 7.34' Z cr co M c-+ en A'/0%, STEVEN BA U/i-IA T c' BONNIE BA UMA N (10 N -n 03/15/2002 15:12 6313699090 CHARLES R CUDDY PAGE 01/01 T `S CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIP ZINC AVENUE [,boh ' � RIVERHEAD,NEW YORK M,;1,ng Address: TEL: (631)369-8200 P,O.Box 154+7FAX, (631)'0-9080 1<It 1 i et Riverhead, („-E•'- aIreuct y_ arthin,h_nRiverhead,7,N,I 11901 �'iI Jj ( �1 nn 5 March 15 , 2002 Jil ' � '111 VIA PAX: 765-906 ._•-,__ Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Hyatt Road, Southold Cashy Butz/Ravitch Dear Board Members: I have received a Notice to Adjacent Property Owner for an application made by Mary Butz and Diane Ravitch to place a hot tub at their premises at the edge of the bluff„ The Board should be aware of this new development, since this is an application being made to the Trustees by the' very people who strenuously opposed a hot tub and swimming pool at the adjoining premises. Very truly yours, (2)(4.._6-f7 Charles R. Cuddy CRC:Cg APPEALS BOARD MEMBERS ��1#''V�FO( o' �S ,j'C Southold Town Hall Gerard P. Goehringer, Chairman 010 �Gy 53095 Main Road ' James Dinizio,Jr. o • P.O. Box 1179 Lydia A.Tortora >k Southold,New York 11971-0959 ar Lora S. Collins ���� ZBA Fax(631)765-9064 George Horning = ®� �^ 4:00' Telephone(631)765-1809 • BOARD OF APPEALS TOWN OF•SOUTHOLD MEMORANDUM TO: Frank A. Isler, Esq. FROM: ZBA Office DATE: October 11, 2001 SUBJECT: Cashy v. ZBA Please find enclosed an extra copy of the October 19, 2000 Hearing Transcript. This is in addition to the set transmitted previously (you may wish to have someone check the "page numbers" written on the bottom right-hand corner of the duplicate ZBA file, delivered to you (either by Jerry or Greg). We wouldn't want any part of the record to be missingq�-' Thank you. Enclosures: October 19, 2000 Hearing Transcript and Agenda -.,... • '41 , • 4' L&--t SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.0. BOX 389 HOWARD M.FINKELSTEIN RIVERHEAD, N.Y.11901-0203 PIERRE G LUNDBERG FRANCIS J.YAKABOSKI FRANK (631) 727-4100 A.ISLER REGINALD C. SMITH SUSAN ROGERS GRUN GAIR G.BETTS FAX (631) 727-4130 1926-1983 MATTHEW M.FINKELSTEIN E-MAIL sfliy@peconic.net PETER J. BACHMORE August 8 , 200�L,L. . I' \ ~7 ' ^, i i7 fry r-� Charles R. Cuddy "' 1 :;1 �i�I I 445 Griffing Avenue n, j AUG 9 2001 (;+ 1 I Riverhead, New York 11901 '0 ll) re : Cashy v. Town of Southold ZBA Index No. 01-17016 Dear Charles : Here is the stipulation we discussed. Kindly return a copy after you have executed it and the original if you want me to arrange the adjournment with the Court . Thank you for your ongoing cooperation. V: truly ® rs, / 41,ii Frank A. Isler ✓c . Gerard P. Goehringer w/ encl . • • , y - SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK x Assigned to Justice In the Matter of the Application of HARRY CASHY and MARIA MISTHOS CASHY, his wife Petitioners, For a Judgment under Article 78 of the Civil Practice Law and Rules STIPULATION in the Nature of Certiorari -against- Index No. 01-17016 GERARD P. GOEHRINGER, chairman, JAMES DINIZIO, JR. , LYDIA A. TORTORA, LORA S . COLLINGS, and GEORGE HORNING, constituting the TOWN OF SOUTHOLD BOARD OF APPEALS respondents . x The following submittal schedule is hereby stipulated and agreed among counsel for the parties herein, subject to the approval of the Court : 9/7/01 : respondents answering papers and Return 9/28/01 : petitioners ' responsive papers and memorandum of law 10/5/01 respondents ' responsive papers and memoranda of law 10/12/01 petitioners ' reply papers and reply memorandum 10/19/01 return date of proceeding (or the next motion date for the Justi easssned) . t h.(41, Pill/1;1411,-91: ItiyAri-11,/,/,',, ! Charles R. Cuddy, Esq. Smith, Finkeilstein/ Lun erg,i1, Attorneys for petitioners Isler & Yakaboski, LLP Attorneys for respondents 1 TRANSMITTAL MEMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: ?pa p/ SUBJECT: File Update With reference to the above application, please find attached the following new information added to the official ZBA office file: _cad* Comments: Number of Pages Attached: L TrMemo.doc I � 4 `t TRANSCRIPT OF ZBA HEARINGS HELD MARCH 15, 2001 Appl, No. 4837 — Application for H. CASHY and M. MISTHOS. This is a request for a Variance'ander Article XXIV, Section 100-239.4A to locate an accessory swimming pool and hot tub construction at less than 100 feet from the bluff of the Long Island Sound, at 1900 Hyatt Road, Southold; 1000-50-1-3. CHAIRMAN GERARD P. GOEHRINGER: Mr. Cuddy, it's a pleasure seeing you tonight. (Thank you for closing that door.) We are ready for you, sir. CHARLES R. CUDDY, ESQ: Good evening, Charles Cuddy for the applicants, Harry Cashy and Maria Misthos. As you know, we have been here before and I'm sure I can get a sense that you would not ben disappointed if we did not come back. But unfortunately we had to every though my clients had made a significant effort to resolve the questions that the Board has asked us to do. I earlier sent you a map or ax survey that showed that the pool, which is the subject of this application, the pool and the bluff area, had been • moved in so that now the pool was shortened but it was also more feet away from the westerly side. So that it was 48 feet from the boundary line of the property and the property inside going to the neighbor's house on the west is another 10 feet, so as it stands now the pool will be 58 feet away from their house. In addition, the applicants had retained a landscaped architect who had added additional landscaping. I will go through that with you in a few minutes, and present to you a copy of his work so that we thought by moving the hot tub, which we moved from one end to the other, moving over the pool and adding significant additional landscaping so that we would satisfy those people on the west that had objected. I thought that had resulted in some sort of resolution. It did not, so we've asked to be heard again. We have tried very much as I've indicated, to be sensitive to their concerns. I don't know why we have not succeeded — • that I have not heard. But I do have several witnesses that I would like to continue the hearing with. The first one is George Penesis. He's an engineer who is an acoustical engineer. There was some testimony at the last hearing on sound. I believe he's a sound expert and that he can testify about the sound from the pool. I would like him to come up and in the mean time I'd like to give you his C.D. or resume so that you can look at it while he's'talking. CHAIRMAN:thank you very much (Handed up copy of resume for Mr. Penesis.) GEORGE PENESIS, P.E: raised his right hand and was sworn in by the Chairman. CHAIRMAN: It's a pleasure to meet you, sir. MR. PENESIS: I guess in my introduction I'll saying I have 10 years of experience as an engineer, several of those years I have done doing school work mostly for the N.Y.S. D.O.T. I have a P.E. and actually a Master's Degree in engineering from Cooper Union. I guess the first thing I wanted to cover is the testimony that was given by John1Paciulli int • ZBA Hearing(Cashy) Meeting of March 15,2001 Mr. PENESIS, continued: to play ball, or any kind of crowd. It's an issue of behavior; it's basically one person being considerate of the other person and not screaming at the top of their lungs. You know, there's nothing magical about the pool or the water which is going to make this a noisier use than if it's just a regular yard. CHAIRMAN GOEHRINGER: The only question I have is that you did raise the issue which is rather unique regarding the issue of lapping of water because uniquely both of these pieces of property are on the water. One a little bit closer to the water than the other one is. And one having more trees before the water, which is the nature of the applicant's property that is before us here. But what's your opinion regarding the lapping of water within the pool itself during the period of time that the pool is being used, in reference to that type of activity MR. PENESIS: I think that is equally insignificant and the sound of water hitting the side of the pool, do you mean? CHAIRMAN (nodded yes): Or lapping in a' vertical position by someone swimming or by someone jumping into the pool or whatever the case might be. MR. PENESIS: My opinion is that'that's no different than in terms of the amplitude of that sound than the sound of voices, or the sound of any other activity that might go on in the yard. CHAIRMAN: When somebody does that, what happens to that sound in your particular opinion? Does the sound go up, does the sound vertically elongate? What happens. MR. PENESIS: What happens when somebody does what, slap? CHAIRMAN: Either slap, jump, physically you know jump into the pool, or swim in the pool. Something that is out of the ordinary than the normal setting of the pool, of water in the pool itself. MR. PENESIS: Well, there would be that point, wherever the person jumped into the pool would be a point source for the sound and it would spread in all directions. It would be attenuated just by geometrical spreading at the rate of six decibels per double the distance. So, by the time it was forty feet away it would be a lot quieter than it was than say, five feet away. ,Just off the top of my head I would say maybe 16 decibels at 5 feet. So at 10,feet, 57, 54 and so on. I guess I forgot to mention that there are also some trees that are already there on the western edge of the property, and they are being extended to provide visual shielding, and some significant landscaping which will do something to attenuate the noise. I can't say without analyzing it in detail. I also can't say why exactly the ambient sounds are that we're comparing to. But having been there, I feel confident - 3 - ' • ZBA Hearing(Cashy) Meetmg of March 15,2001 its level is very low. So if that's the issue, I don't think there could be anybody to satisfy somebody who says I can hear you doing that and it bugs me. CHAIRMAN: What interesting is here is that we have two pieces of property, and this particular piece we will refer to as the applicant's property, and that particular piece sits here and then the neighbor's property sits below like this, ok. And that's what intrigues me that much more is the height elevation factor. MR. PENESIS: I don't think so. I visited the site, I don't think that the height is that much of an issue. CHAIRMAN: No. But we haven't now put the structures on the property, ok. Because my the nature of this being the next door neighbor's property to the west, it is the ability of their structure, their dwelling, as is a 2-1/2 story house, and that particular line of that dwelling as it pertains to this particular piece of property — and that's the reason why the testing is somewhat intriguing to me. MR. PENESIS: You're saying there's sort of a shorter path between the two things because of there's a difference in elevation. CHAIRMAN: Because the difference in elevation and the fact that the second floor of their house is actually closer and almost a direct line across the lot to the construction of this accessory structure that this applicant is requesting us grant, truly on an area variance aspect, ok. And that very simply is something that goes back to my childhood and that is the setting off of. a fire cracker in a wood pile, which was high enough to have the acoustics zero in on one of my ears when the fire cracker went of And very simply • made me deaf for about two weeks. MR. PENESIS: You're saying there was some concentration of the sound. CHAIRMAN: Yes. MR. PENESIS: In this case, the elevation distance is small compared to the distance between the two properties. What you effectively have is like a high ( ) and so long which the sound is traveling is close to a.direct distance, and the difference in the path lengths is not that great but I am willing to entertain what you are saying and that certainly can be incorporated as part of an effort to quantify the sound. But to date we had these claims and my response. CHAIRMAN: I can't see any other way of doing it except through a test, the objectivity of which has to be dealt with on the basis of a professional person as yourself, as you are. MR. PENESIS: I think you would have to agree on the terms of how do you interpret the data, how to take the data, it's not just take the data. There's going to be second guessing with that as well. But I would be happy to submit a protocol for doing it and so forth. 6 t ZBA Hearing(Cashy) Meeting of March 15,2001 MR. CUDDY. Based on the request of the Board in the last hearing which was quite awhile ago, we made an effort, through myself and Mr. Tohill, to come up with a plan that might be acceptable as far as landscaping, and obtained landscape people to do that, and I would like Derek Bossen to testify concerning the plan —that I'll hand you — which extends the existing foliage and adds a fair amount to it at the corner, which is closer to the objectants' house. CHAIRMAN: thank you. Mr. Bossen, would you raise your right hand? Do you solemnly swear that the information you are about to give us is the truth to the best of your knowledge? MR. DEREK BOSSEN: (Raised right hand and responded yes.) CHAIRMAN: what would you like to tell us? MR. BOSSEN: As per the request of the Cashys and Mr.Cuddy, I just designed an extension of the existing plantings that were already on the property. There's, as you see on the plan, there's an existing Leyland screen up to about where the end of the proposed retaining wall would be. The darker area just behind, just below that as you are looking at the plan, there's a new screen of Leyland Cypress down to about almost to the Sound edge of the nearest property, and then I wrapped it around to further thicken up that hedge and to block any visual contacts or if he had thick evergreen screen of the neighbors property — especially of that first floor. The first floor. Behind that initial screen I put another barrier of evergreen shrubs which were the Inkberries. And then in front it was more decorative ornamental plantings that would benefit the Homeowners and also provide screening to the neighbor's property. There's also, you see the dark line above it, that's the existing tree line. That's where the canopy is, as you stand at the 30 feet from the deck, as you look up there's the canopy of the existing tree line. Now the trunks of those trees are back about another 20 feet, 15 feet depending on the tree. There's a lot of shrub, underbrush in there that's existing. And you know, that's about all I have. Any questions? • CHAIRMVIAN: What is the total maximum height of the shrubs that you are proposing? MR. BOSSEN: Maximum height installed? CHAIRMAN: Installed. MR. BOSSEN: Six to eight feet. CHAIRMAN: And what is their maximum groth potential? MR. BOSSEN: Their maximum growth potential is, on Long Island, would be about 50 to 60 feet at their oldest. They can even be sheared to be maintained at a lower level. CHAIRMAN: So they could get as high as a poplar tree. ZBA Hearing(Cashy) - Meeting of March 15,2001 Affidavit he does not find that it has an adverse effect, so I'd like to make that part of the record. CHAIRMAN: You are referring to the neighbor's swimming pool — I mean, to the neighbor's property? MR. CUDDY: I am talking about the fact that a swimming pool that is on this property, the Cashy property, and that it would not have an adverse effect upon the property to the west. CHAIRMAN: Thank you. (Mr. Cuddy handed up additional information to the Chairman.) MR. CUDDY: Mr. Cashy and Mrs. Misthos are very anxious to conclude the hearings. They would have liked to be hear tonight but could not be hear tonight. They have nevertheless asked that we go ahead with the hearing, and I asked Mr. Cashy to supply us with an Affidavit regarding his use of the pool and also hand that up, and at the same time so I don't glare to you with trips, I will hand up a short memorandum that I have prepared really in response to the questions that were raised in the earlier memorandum, having to do with practical difficulties, the balancing test and so on. So I'll give you both of those, if I may. And then we'll conclude. (Mr. Cuddy handed up additional information with enough copies for all Members.) CHAIRMAN: Mr. Cuddy, the question is, have you discussed anything with present counsel on the other side? MR. CUDDY: No, I have not had an opportunity to do that. I was hoping that the communications with the prior counsel would have carried over — I had given him so the Board is aware, the plans that you had before you for landscaping, had given him the new revised survey, had discussed with him on a couple of occasions what we were doing, what we proposed to do, where we were putting the hot tub, how the pool was moved over, and I thought we were going in a different direction, but I have not discussed it further as you asked. CHAIRMAN: I guess the question is between now and the next hearings that we intend to schedule this for, do you intent to discuss this with counsel? MR: CUDDY: I would be pleased to discuss it with them. I believe they have the file. I have no problem discussing it with them whatsoever. Hopefully we were all on the same track and I would hope that we would get there again. Thank you. CHAIRMAN: Ok, in an attempt to wrap up this evening, I certainly don't want not to return to the opposite side, and I just ask those persons who would like to speak that they — that counsel has just taken 35 minutes, but there will be a final hearing because in all ZBA Hearing(Cashy) Meeting of March 15,2001 BOARD SECRETARY: Do you want to make it for approximately 6:30 p.m.? CHAIRMAN: 7:00 P.M. April 19th is another special meeting for us, so we will have, we would conclude this public hearing at that time, and that's all I can say at this point. I thank you very much for your courtesy and safe home. Motion seconded by Member Tortora, and duly carried. See Minutes. * * * _, / 1 --- Page 8 - July 6, 2000 Transcripts of Hearings Board of Appeals 6:51 P.M. - Appl. No. 4837 - HARRY CASHY & MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold. Parcel 1000- 50-1-3. CHAIRMAN GOEHRINGER: Mr. Cuddy, can I have the Affidavit of Posting. • (Affidavit handed up). How are you tonight Sir. CHARLES R. CUDDY, ESQ.: Fine, thank you. CHAIRMAN GOEHRINGER: You might just as well stay right up there, we're ready to go. Any time your ready, Mr. Cuddy. MR. CUDDY: I'm Charles Cuddy. I represent the applicants who have property at Hyatt Road, in Southold. This is an application to permit to go into the bluff area 26 feet from the top of the bluff line. The purpose of that is to build a pool. The pool is to have surrounded a brick patio area at the ground level. The patio will be in sand. It will not be in.concrete. So there won't be anything affected seriously by it. The pool as shown on the survey is a pool that in dimension is 40 x 20 x 18 feet. The patio area itself is 70 feet across, 30 feet deep. This house was built at the site that it's on because the location was dictated by the Health Department. The applicant could not go forward of the line that he is on. That is, could not go closer to the street because the well and cesspool • constraints dictated by the Health Department put his house right where it is. Mr. Ingegno is here, who is the surveyor, and can also indicate to you but I am stating it to you on behalf of the applicant, that his house is there because that was where he had to put his house. What we're asking the Board for is essentially a 26 foot variance to permit that patio area and the pool to go into the bluff area. We're aware of concerns that have been expressed about drainage. I'm aware of the Suffolk County Soil & Water Conservation statement. We have delivered today and I believe as part of the record Mr. Chairman, a statement from Cronin & Cronin Engineers indicating, that they're satisfied that we can place sufficient drainage at this site, sufficient capacity drainage rings so that there won't be any run-off that will adversely effect any of the neighbors. We believe that this is an appropriate application. Certainly having a swimming pool along this area is not an unusual amenity to a house. It's an amenity that a lot of people have. Unfortunately, because of the location we have to somewhat into the bluff area. But our engineers have indicated and think the County confirms it. that this does not destabilize the bluff. The main Page 9 - July 6, 2000 Transcripts of Hearings Board of Appeals concern is with drainage. We would say to you two things. That one, we will have an engineer certify that the run-off will be contained on our site, and we will produce that at the end of our construction so that part of getting the C.O. will be that we will produce for you an engineer's certification, that there will be no run- off that cannot be contained on our site, and that we have sufficient drywells to contain that. We also note there was some concern about the fence going into the foliage area. We will move the fence back if the Board desires so that it does not cut into that area. For those of you who have been here, this is a long walk down the steps but this is a well-vegetated area. This is not a bluff that's in any destabilization. I would think at this point, that what the applicant is saying to you is that he recognizes that he is asking for a variance. The variance is not a significant variance but it is a variance going to the bluff area. It does not cause destabilization. But we are aware of drainage concerns, and we will take care of all of those concerns. I'd be pleased if the Board has any questions. And to let you know that the Cashys are here. As I said, Mr. Ingegno is here and we are as I said, willing to produce a certificate from our engineer that we have taken care of the drainage concern. CHAIRMAN GOEHRINGER: Two quick things. The pool itself would not be linked to the house in any way, is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: Because we have a brick patio laid in sand which there is no way to anchor that to the house. Number 2, I think we've gotten to the point when we deal with these applications that we are significantly going to be discussing gunite pools as opposed to liner pools. Is this a gunite pool? MR. CASHY: That it is. MR. CUDDY: I believe it is. Mr. Cashy says yes. CHAIRMAN GOEHRINGER: And I'm saying that in general. I'm making a generalization because of fragile nature of the top of the bluff. Basically, a gunite pool is even more substantial than the foundation that the house is sitting on. MR. CUDDY: The answer to that is, that it will be a gunite pool. Page 10 - July 6, 2000 Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: At that juncture, this pool is never anticipated to be enclosed. Is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: We'll start with Mr. Dinizio. Any questions Sir? MEMBER DINIZIO: Well, it looks to me like according to these contour lines, that you can start at about 50 foot contour, and go down to 42? (Adjusted microphones at this point.) MR. CUDDY: Yes. MEMBER DINIZIO: How does that, how is that going to be built? Are you building it up, or are you digging into - MR. CUDDY: On the east side we'd be digging in. The grade would come out of the middle, and we go down on the east side and try to maintain the grade as we go along to the west side. — MEMBER DINIZIO: So you'll probably build it up where the hot tub is, and lower it? MR. CUDDY: Yes. MEMBER DINIZIO: So, what are you putting you know, on that side of the-, what's going to hold that pool and the sand and all of that on the - MR. CUDDY: There's going to be a retaining area that's going to built along the edge of it, so that that will be behind it. MEMBER DINIZIO: Is that wooden or concrete? MR. CUDDY: Yes, it should be wooden. It shows it on here but that's what it is. MEMBER DINIZIO: So, your drainage and that, how are you going to attack the drainage? MR. CUDDY: The drainage will be, two piped then will be off to the side, so it'll be the low point of trying to catch which is coming to that little point of the right because it goes across approximately 10 to 12 feet as it goes across the lot. " Page 11 - July 6, 2000 Transcripts of Hearings Board of Appeals MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: I think I'll pass for now, Mr. Chairman. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: I'll reserve,my comments. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: I won't ask any questions at this time. CHAIRMAN GOEHRINGER: OK. So, I guess what we'll see is what we'll develop throughout the hearing. As you know, we have a request to hold this hearing over until the next regularly scheduled,meeting, and we'll deal with that aspect at the end of the hearing. MR. CUDDY: Thank you. CHAIRMAN GOEHRINGER: Is there anybody would like to 'speak in favor? Does the Board have any questions of Mr. Ingegno? Mr. Ingegno has become a renowned surveyor in this area, and I see him on all kinds of stuff. Any questions of'Mr. Ingegno while he's here? I guess not. We thank you for coming. Anybody else like to speak in favor of this application? Anybody like to speak against the application? Yes, Ma'am. Would you state your name for the record. MS. BUTZ: Yes, Sir. My name is Mary Butz, and I am one of the owners of 2022 Hyatt Road which is right next door. CHAIRMAN GOEHRINGER: Standing on the street, is it on the left or the right? MS. BUTZ: On the west. CHAIRMAN GOEHRINGER: On the west side. MS. BUTZ: I'm on the right. I'm going down the road. CHAIRMAN GOEHRINGER: You're going down the road more towards - BOARD SECRETARY KOWALSKI: It's on the left though. - Page 12 - July 6, 2000 . Transcripts of Hearings Board of Appeals F MS. BUTZ: More towards Kenny Beach. I'm from Brooklyn. East, west, these are difficult issues. CHAIRMAN GOEHRINGER: I'm sorry. MS. BUTZ: Alright. CHAIRMAN GOEHRINGER: I didn't mean to confuse you. MS. BUTZ: OK, anything of that nature can. I first became aware of this on, think it was Thursday evening that this was going on. Apparently the registered letters were sent to the previous owner as opposed to us:. And I wrote a handwritten letter which nobody does today. Everybody does computers so you can tell how distressed I was. A handwritten letter, and presented it to your office on Friday, in the hope of having this be a continuance. Continuance which is what I believe it is called, and the very little time that I've had between • then and now, since it's Independence weekend, I mean you try and getting somebody. The very little time I've had between then and now has led me to believe that a very minor investigation that I've done, has led me to believe, that this will be harmful, very, very harmful to the property that I own. The drainage issue is an issue of tremendous concern to me. The inquiries I've made of the people who have lived in the area, neighbors, people who have been there, and the previous owner, all, everyone has told the same tale, and that tale is, when this house was built that that property formerly the Lowell property suffered enormously. The lawn was flooded, the basement was flooded and the path going down to the beach was flooded as well. They're terrific drainage issues. I'm in the process of trying to find out who to hire about this and where to go about this. But that taken aside, my novice not knowing east, west, north, south, left or right. My novice analysis of this is, that I am firmly opposed to it for several reasons. (1) certainly my own holdings; (2) the impact it will have on the bluff. I invested my life savings, and this is my primary residence in that. piece of property because it was beautiful and I want it to remain so and I cannot be clearer about this. And it's uncomfortable because these folks are nice neighbors and this is an uncomfortable kind of place to be but I cannot be silent and I know there are several others who - CHAIRMAN GOEHRINGER: Can I share something with you apart from the drainage issue and I brought this up before and I don't mean to be redundant with this Board, but it's very important that we do so. This Board took over a series of three meetings. A pool issue in Mattituck with a bluff that's higher than yours, that's not a sarcastic statement, OK. It's equally as beautiful as yours and the applicants. However, much more frail in reference to the foliation of the bluff " Page 13 - July 6, 2000 Transcripts of Hearings Board of Appeals I and the stability of the bluff. And they brought in engineers and again, this has nothing to do with the main issue. I think that one of the main issues that your concerned about is the issue of drainage at this point. They brought in engineers and there was an engineering study done that the weight of the pool with the water in it was actually lighter than compacted soil as rain water hits it and compacts it down on the property. And we found that to be a very interesting aspect in dealing with these particular applications. So the Board very simply does one thing. The first thing we do is we contact Soil & Water Conservation. I don't know if you get a copy of that report. MS. BUTZ: Yes, I got it, I was able to get a copy today. CHAIRMAN GOEHRINGER: We don't construe;that to be law, but we are very happy, that there is an agency out there that assists us in looking at these applications. Number 2, based upon my conversation with counsel, we make sure that these accessory structures are never linked to the house. Number 3, you heard me say, that we are concerned about the pool and its stability and that is, is it a gunite pool and we are with the understanding that it is a gunite pool. Number 4, the drainage issue because pools occasionally, the pool filter has to be reversed and sometimes the pool itself overflows based upon water or whatever the case might be. And these are all issues that concern us apart from the other main •drainage issue that you're concerned about, which you're investigating. I am not speaking for this Board. I'm speaking as an individual. I've been here a long time. I'm not saying that I'm a well-versed person in pools on bluffs. We do grant a substantial amount. Most of them we push them back a little bit farther. We shrink the pool a little bit and we go back and look at it when they're done and they really have very little environmental hazard once they're completed and they go through our review. And I have no objection in giving you the time to evaluate this drainage issue. But what I need to do, is make an appointment with you on a Saturday and go over and look at your property because I want to see your concern from a grass roots point of view. I'm not going to discuss that concern with you at that point. I'm just very simply there to see how your concern basically lines up with everything that we are discussing here and in no way am I second guessing your concern. These are very valuable pieces of property. These are extremely probably the nicest pieces of property in all of Southold on the Sound. What's the date of our next meeting? BOARD SECRETARY KOWALSKI: August 10th. CHAIRMAN GOEHRINGER: August 10th. What's the weekend before that? That is Thursday, somewhere around the - Page 14 - July 6, 2000 Transcripts of Hearings Board of Appeals MEMBER COLLINS: 5th. CHAIRMAN GOEHRINGER: 5th, OK, alright. MS. BUTZ: 5th of August? There are several people who wish to speak as well. CHAIRMAN GOEHRINGER: Yes, I know. I think what I'll do is, if you will just leave us your name and telephone number and I'm not positive I'm going to be here on August 5th, but I'll be here the weekend before that, which is seven days prior, which is the end of July. So, if I could meet you out here and you know, just take a look at the entire area because that concerns me deeply. MS. BUTZ: I'll have to check my business schedule. I travel quite a bit, so I'll have to find out. I even stated that in the letter as well. So this just hit me like a bolt of lighting. CHAIRMAN GOEHRINGER: I understand. MS. BUTZ: And there are several others who wish to speak. CHAIRMAN GOEHRINGER: Surely, we'll continue. Thank you. MEMBER DINIZIO: Can I ask a question. CHAIRMAN GOEHRINGER: Oh, wait, Mr. Dinizio has a question of you Ma'am. MEMBER DINIZIO: You mentioned about when they built the house. You said, _ it caused problems on a piece of property that you currently own? MS. BUTZ: Correct, yeah. MEMBER DINIZIO: Has that been corrected MS. BUTZ: To my knowledge yes. For the current disposition of the house believe yes. MEMBER DINIZIO: I mean do you live there now? MS. BUTZ: Yep. MEMBER DINIZIO: So you have no complaints about what happens now when it rains with the house there? Page 15 - July 6, 2000 Transcripts of Hearings Board of Appeals MS. BUTZ: No, not yet. I've only lived there since September 19th. MEMBER DINIZIO: OK, no, no, no, I understand that but what I'm looking at here is, do we know what they did to correct that problem,'or was it just - MS. BUTZ: That we have to do some investigation on. It would only be hearsay at this point. MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Good evening Ma'am. MS. RAVITCH: Good evening. My name is Diane Ravitch. I am: co-owner of 2022 Hyatt Road. I was recently appointed a Member of the Southold Landmark Preservation Commission and our house is not yet a landmark. Yet, it may soon be because it's a original part of the Marshall Estate which was moved from about a mile east of where we are now. I'm very unhappy about having to be at the hearing because I think the Cashys are lovely people, and very fine neighbors, and it's a very uncomfortable position for neighbors to be in, so would wish that this were not taking place. But my concern was, first of all we ® didn't receive notice. I received a registered notice, a registered letter yesterday giving me in effect 24 hours notice. Now the Clerk of this Commission knows that I stopped by Friday, because I heard from neighbors, that there was going to be a hearing and I don't think, that is an appropriate way for a next door neighbor to find out about it, and there was some confusion about why the letter was sent to the previous owner because we've owned this property since September, and we do get tax bills. They haven't missed us once on getting reassessed and so forth. My concern in addition to not getting notice, and not having time to investigate this is that there is a very different pitch in the property between one that's under consideration and our as an next door neighbors. • Their highest point at the eastern end of their property is 54 feet high. Their lowest point I believe is 40 feet. So, they have a 14 foot pitch on their property, rolling down to ours, and our then drops then to about 35 feet. So, it's almost a 20 foot drop and we saw an architect today who said, your property is a catchment basement for the property next door. So, our drainage concerns are very serious concerns. We're very concerned, that this could have an impact on what is a historic house which is 100 years old, and we feel that our property is very much aggress from the kinds of changes that are being proposed and there would have to be very extensive preparations made to assure us, that our house will not be flooded as it was before, and we learned only today, the full extent of the damage which was that the lawn had to be replaced, the driveway was damaged, the whole area was under water as a result of the* work under • Page 16 - July 6, 2000 Transcripts of Hearings Board of Appeals construction. So, needless to say, this is not just an esthetic issue, it's a very serious structure concern for us. Thank you very much. CHAIRMAN GOEHRINGER; Thank you. MEMBER COLLINS: Mr. Chairman? CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: Before this lady sits down. MRS. RAVITCH: Yes. MEMBER COLLINS: I'm sorry, I just want to get clear in my head, which property is yours. MS. RAVITCH: 2022 Hyatt Road. MEMBER COLLINS: I'm sorry. MS. RAVITCH: I'm sorry, it's the property directly to the west of the Cashy — property. MEMBER COLLINS: Oh, that's formerly Lowell? MS. RAVITCH: The former Lowell property. MEMBER COLLINS: I'm sorry, I thought formerly Lowell was Ms. Butz's property. MS. RAVITCH: No, we're co-owners of this property. MEMBER COLLINS: Oh, thank you. The same property. MS. RAVITCH: Thank you. CHAIRMAN GOEHRINGER: Next person. Yes Ma'am. How are you tonight? MS. JUDGE: I'm Diane Judge along with Peggy Hadley. I own a house adjacent to the capping of this house, just above the Butz-Ravitch house, on half the lot. I'm not against swimming pools. I wish I could afford one what with the jelly fish. But I'm here to voice objections to the consideration of variance. To use 26 illegal feet of dunes for the purpose of building a swimming pool, hot tub and Page 17 - July 6, 2000 Transcripts of Hearings Board of Appeals brick terracing, into the precious dunes on the Southold inlet. The point is, that between Horton's light and Kenny Lane, there are some 20 houses maybe. I don't know, I've never counted them. Most of them cannot be seen from the magnificent beach along the sound. What happens if the Town of Southold allows its law against encroachment on the beach to be bent this one time? Why Mr. & Mrs. Toedter, the people who live on the eastern side of Misthos's house, will be on the phone next year themselves asking for a similar swimming pool, and how about Jack LeLane, he'll be there next, and probably even Diane Ravitch and Mary Butz will start thinking about putting in a swimming pool. mean Liz'Worths, Otto Lindermayer, Rayne Norman, the Lesters, the people who own Zone Bluff. I noticed last week they're surveying the only empty lot on this road. Obviously it's for sale. Once you see a beautiful swimming pool right on the dunes you have the right:to expect that you can do the very same thing yourself. Certainly, someone new will see that and want. We are being ask to give 26 feet of dune. That's one-fourth of the illegally forbidden zone. They can't do it all from one side. Bulldozers, backhoes, cement throwers,-they have to go around. They have to cut into this dune no matter what anybody says. It's not possible to do it in any other way. To grant this variance would be opening too many steps to too many diving boards. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally configures to the run- off. Much of the woodsy sites on the hill have been converted to lawns, and in some case nothing but muddy driveways to accommodate the trucks. I'm sorry, I'm out of whack here. I left out a paragraph. Let me back-up a second. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally contributes to the run-off. Much of the woodsy sites on the hill have been converted to lawns, and in some cases, nothing but muddy driveways. East of this location, just such a driveway and drain pipe, and I do think they put in a drivewell to take off the runway after they built the house. And I personally saw the damage that was done to the Lowell's basement, and to their lawn which the people had to reseed at least three times in the course of one summer. Plus the Lowells had to put a tar strip on the bottom of their driveway and a cement thing guiding the water down because there is a right-of- way, where seven or eight houses use of this path to the beach which was once a for road runners. It's the only natural cut in this point of the island, and this is only going to add further to the erosion of, that beach. If you go down there today, you will see half of the sand and dirt from the Lowells, abuts Ravitch's property out on the dunes. Just to-the east there's a house that has a similar drain pipe whether it's legal or illegal I don't know but they have a driveway and a drain pipe leading out to the dunes, and last year at least 35 feet of dune fell into the sea. All of these enormous big black pine trees, you can still see their trunks as you're sitting on the beach. They lost their steps. They lost everything. And my concern really is not as I say about swimming pools. I think the people are lovely people. I don't object to anything they're doing except the Page 18 - July 6, 2000 Transcripts of Hearings Board of Appeals ) law. The laws must be fair and sound to begin with. You all made them. assume Southold fathers who go to Zoning Law deemed it to be fair and correct. It would be unfair, and incorrect to everyone on Hyatt Drive. Everyone who uses the public beach, and all of natures creatures who depend on this habitat of what. was and could still be the bucolic North Fork. I cannot see again you bend the law this time, you're going to be bending it 14 or 15 times in the next few years and that was my objection. Thank you. CHAIRMAN GOEHRINGER: Thank you. Next person. Good evening Sir. MR. MULLADY: Good evening. My name is John Mullady of. My wife and I own a parcel of property. Five parcels to the east of town property in question. Again, I'm not here to discuss swimming pools, except one correction that the gentleman who was talking earlier said there are numbers of swimming pool up there. There are about 36 home sites in the area ( ) an extension. As far as my knowledge there are two pools. So, I mean, a number of, yeah, two is a number. All I wanted to say merely was that a ruling of 100 feet, I don't think that was pulled out of the air by somebody who said, that's a nice number. 26 feet is a quarter of it. To take the quarter of this piece of wood which is if it were solid to the floor, take a quarter of it off, and cut out what's holding it by at least 14 feet on one end, and maybe 8 on the other end, you've got a tremendous whole line made here. That's going to be petitioned or supported by ( ). Will it work? Well, there's one way you can find out is to do it. However, I would just like to mention, that the property directly contiguous to ours, on the east, two years ago, one Saturday night, the entire top of the bluff and vegetation disappeared, and the gentleman who owns the property was away, came back that night, Saturday night, got up Sunday morning and looked out and said, what's different out there? What's different out there was that it was all gone. Why did it all go because he was building? No, he wasn't building, there were no machines back there. He wasn't digging anything. The house has been there probably for 15-17 years. There's been nothing changed there except this thing went one day. Why did it go? I have no idea. I asked Mother Nature but she hasn't you know, E-Mailed me back yet. These things happen. Unfortunately, they happen. I'm next door. I lost some bluff. I'm concerned about all of the bluff. If you go from the Lighthouse at Horton's Point, east or west, you will see where it's eroded, and I know you people have all seen that. Peconic Shores, part of it, is a disaster. We have some vegetation on the bluff? Yes, sure. The property next door to me was highly vegetated. Overnight it wasn't. He wasn't putting in a swimming pool. I'm not saying that would make it happen or not happen. But it seems to me, you're going to cut out that big a piece of property, and that much of a retaining a natural retaining behind it, something is going to change there. I would prefer not to see it change that way. It seems to me, that the rules are the rules, and breaking them or bending them, for something of this Page 19 - July 6, 2000 Transcripts of Hearings Board of Appeals nature, I think is poor establishment. Terrible precedent that a lot of people here today, or tomorrow might regret. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Yes Ma'am. MRS. TOEDTER: I'm Mrs. Toedter. I'm on the other side of the property. I did send a letter. Did you enter that into the file? CHAIRMAN GOEHRINGER: I believe we did. MRS. TOEDTER: The letter? CHAIRMAN GOEHRINGER: I believe we did. MRS. TOEDTER: OK, but one point that no-one else seems to make is, we own our pumps and wells are in the back and the cesspools are in the front, naturally we had to do it that way. If anything happens when they put in the cesspools with all the septic systems and everything, I don't know that what do you do with your, if they disrupt wants going on there? I think there's a lot of big problems ) that could go on up there. • CHAIRMAN GOEHRINGER: We would hope there's no disruption. MRS. TOEDTER: We would all hope. CHAIRMAN GOEHRINGER: When you say in the back. You're saying the cesspools are in the front of the house, or in the back of the house? MEMBER COLLINS: Roadside. MRS. TOEDTER: It depends on what you're calling the front. MEMBER COLLINS: Roadside. CHAIRMAN GOEHRINGER: You're on the roadside. MRS. TOEDTER: Actually on the dirt roadside and the cesspools - CHAIRMAN GOEHRINGER: Let me just say one thing, OK? The third lady that spoke tonight concerned herself about heavy machinery. We've gotten this thing down to the point, when I say thing in general, I'm making a generic statement. We allow one backhoe, alright. One small to medium size backhoe in the construction of these pools. I don't care if it costs the man 20 or the lady ' Page 20 - July 6, 2000 Transcripts of Hearings Board of Appeals ,,--�, I $25,000 to pump the cement in over the top of their house with a cement pump. But there is no heavy equipment allowed in the construction of any swimming pool in the Town of Southold, on a bluff, on a dune, at this particular time, if it's �-: granted by this Board. That is clearly stated within these decisions, and we have started this process also. I am not orchestrating. I am not pushing for the swimming pool in any way, manner or form. I'm just telling you, that we are trying to take every possible precaution. That is - MRS. TOEDTER: The weight of the cement and the weight of the water? CHAIRMAN GOEHRINGER: Everything is taken into consideration. We are not an environmental group. But I assure you, if it requires triple layering of some type of barrier when it's being.constructed. I'm talking about straw or hay or anything. The least amount of defoliation of the grassed area when it's being constructed, so on and so forth. These are very important factors for us to concern ourselves with in the construction of these pools. Again, I'm not orchestrating this application. I am not trying to push for. I'm just telling you, that _ these are things that we do. When the swimming pool is done, we go back and look at it. (change tape) between the houses to the west, and that concerns me, _ and that's the reason why I want to look at them. I want to look at this Valley issue that's in between. I'm not an engineer but I want to look at it anyway. I've been doing this for 20 years, and I want to see what these ladies are talking about. MRS. TOEDTER: Is there a cesspool right there where they want to put the pool? CHAIRMAN GOEHRINGER: No. MRS. TOEDTER: There's a pipe. I guess that's the drain. CHAIRMAN GOEHRINGER: I have no knowledge of any cesspool. The cesspool is in front of the house. MRS. TOEDTER: OK. CHAIRMAN GOEHRINGER: So let us do our job. You know we're going to ' carry this on to the next hearing and I will look at that in between the two hearings. I think this lady in back had a question there but we'll wait until you sit down. So, we'll take all of your concerns and we'll deal with them and that's why your here to voice your concerns. ' Page 21 - July 6, 2000 Transcripts of Hearings (Th. Board of Appeals I MRS. TOEDTER: I thought maybe you had already investigated and that's why you're - CHAIRMAN GOEHRINGER: I have been to the site. I am very:happy about the bluff itself because it's not that frail. In reference to it's very well foliated and you know, that makes me very happy. Unfortunately, I had shorts on that day, and get poison ivy like you will not believe, so I did not walk anywhere, maybe within 30 feet down the bluff and I didn't go all the way. Normally I go all the way. But we will take everything into consideration. So please - MRS. TOEDTER: I'm sorry I missed the beginning of the meeting. I didn't know if I could get here. That's why I wrote the letter. You took into consideration the fact that you passed a law,,,and now they want the circumventure of law, and you'll probably pass the law- CHAIRMAN GOEHRINGER: Can I just explain this? I said this at nauseum, and this has nothing to do and I will reflect upon this also. When this law went on the books, I discussed it with the orchestrater of the law, and I told him, that this will create a tremendous problem for people that have existing dwellings, and people that want to build new dwellings, on smaller lots. This is not necessarily - — a smaller lot. But we had heard from counsel,. that they were mandated to put the house in this location. That does not mean that we constantly push this 100 foot issue. The orchestrater of this law told me, all he wants us to do is look at every individual application, and he wants us to minimize the type of construction that we have. That doesn't mean the law doesn't stand. It stands. Only this Board can vary it and only this Board will vary it, and that's the way it's been since the law has been effect. MRS. TOEDTER: What is itlike between houses, because you know someone calls it's pretty, they carry the sound and that's why I'm trying how many feet it has to be from another house? CHAIRMAN GOEHRINGER: There's no law in that respect. MRS. TOEDTER: Because I know the people below them, their bedroom, the Lowell's bedroom is right next to the water there, and that's the water ( ) over and if a pool were there, you could hardly even and people were jumping in and out at night, they could hardly use that room as a bedroom. CHAIRMAN GOEHRINGER: I see. .MRS. TOEDTER: There's no law about that? Page 22 - July 6, 2000 Transcripts of Hearings Board of Appeals a CHAIRMAN GOEHRINGER: So let us do our job. Let us continue the process throughout this hearing, into the next hearing which will be in August and we will report back to you what we found, and we always do, and then we'll - MRS. TOEDTER: We're unfortunate are on that side of the bluff, because we don't have as much on the other side but it's starting, and just last winter what use to be better crossing to that bulkhead down, and so it's a, it's been fragile. CHAIRMAN GOEHRINGER: They are fragile. Thank you. MRS. TOEDTER: Thank you. CHAIRMAN GOEHRINGER: Ma'am, I believe you had, I don't mean to'-point at you, but I believe you had a question before that you wanted to - MS. : When you said no heavy equipment. How big is a truck that brings the water in alone? CHAIRMAN GOEHRINGER: The truck has to remain in the front of the house. There is nothing that is allowed to the rear of the dwelling except for, except for ) a small backhoe to dig the hole. That is it. That's the condition. MEMBER COLLINS: Mr. Chairman, can I put two cents in? CHAIRMAN GOEHRINGER: Yes, but this lady hasn't - MEMBER COLLINS: Oh, I'm sorry. I thought Ms. Butz had finished. CHAIRMAN GOEHRINGER: I'm=sorry, again I apologize for pointing at you. MS. MITZNER: I know this is going to be ( ). I feel very strongly about it. Terry and Jennie had me here tonight cause I - CHAIRMAN GOEHRINGER: We need your name for the record. MS. MITZNER: Melanie Mitzner and I bought their house on 1050 Hyatt Road. And I have, I was in on the hearing on the other, well I wasn't on the other side "r because I was happy that the property was large and they couldn't develop it.' When a very delicate ( ) system they are more protected and there is a bluff that has collapsed within five or six properties or less in that area, just due to north eastern rainfall run-off tide, whatever you know is happening. I think that building in that location is taking an undue risk, and the bottom line is, when it's nature against man, we all very well know who wins out. Page 23 - July 6, 2000 Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Thank you. You want to make a statement Ms. Collins? MS. BUTZ: Sir, when is the next meeting going to be, did you say? MEMBER TORTORA: August 6th. MEMBER COLLINS: No, 10th. CHAIRMAN GOEHRINGER: August 10th. MS. BUTZ: 10th, QK. I have to see you after this, is that,correct? CHAIRMAN GOEHRINGER: No, if you would call me tomorrow. Call the office tomorrow and just leave your phone number and we'll set up some date that's convenient for everyone. MS. BUTZ: OK. —� CHAIRMAN GOEHRINGER: I mean it's not necessary if this nice lady sitting next to you is going to be there, you don't have to be there. MS. BUTZ: I own 50% of it. I want to be there. CHAIRMAN GOEHRINGER: OK. MS. BUTZ: This is my primary residence. CHAIRMAN GOEHRINGER; I understand. I mean I'm not trying to strip you of that. MS. BUTZ: It's not my summer home. This is what I own, but I wanted to ask one more question. CHAIRMAN GOEHRINGER: Sure. MS. BUTZ: I have to go and check my calendar. I may have to postpone this. We may have to have another discussion like I don't know if I'm going to be here August 10th. This all came like gang busters_ CHAIRMAN GOEHRINGER: I understand. Page 24 - July 6, 2000 Transcripts of Hearings Board of Appeals MS. BUTZ: Alright? MEMBER HORNING: Mr. Chairman. That particular lady I think is the one who mentioned the right-of-way. Can someone tell us more about it?- This is right- of-way ,- that you say is used a - MS. RAVITCH: On the property that we jointly own there's a right-of-way and there are several families that are entitled to come through that right-of-way to the beach and it's on the west side of the property that we own leading from our driveway down to the beach. MEMBER COLLINS: It's a footpath, right? MS. RAVITCH: It's a right-of-way. It's a footpath. MEMBER COLLINS: Footpath, OK. MS. RAVITCH: And it was as I mentioned earlier washed out during the construction of this home. This home by the way, was constructed after the passage of the 100 foot requirements as I understand. CHAIRMAN GOEHRINGER: H'm, h'm. OK, Ms. Collins. MEMBER COLLINS: Mr. Chairman, I just wanted briefly to address a couple of comments to the neighbors which I think they deserve to hear from us. We hear frequently at this Board, we must obey the absolute letter of the law. The law is the law. Someone here tonight used the word, circumvent with respect to the _ request for a variance. It's not circumventional of law. The State of New York, the Law of the State of New York, says that if a locality has zoning setbacks and other things like that, a locality must have a Zoning Board of Appeal as an Appeal Board for people who are unable to do what they want with their property because of zoning and our job is to balance and to weigh and the State tells us that's our job. And the laws are on the books, and the laws are the laws and it's our job to hear appeals from them and it's not circumventing the law. I just don't want you folks to think, that there's something predacious about our appeals process. This is the way it's suppose to work. Thank you Mr. Chairman. MEMBER DINIZIO: Can I make a comment also that may be helpful to you folks? CHAIRMAN GOEHRINGER: Sure. 1 ' Page 25 - July 6, 2000 Transcripts of Hearings , _. ("') Board of Appeals • MEMBER DINIZIO: If I were to hear from say, an expert on your side. Say you go out and find an expert on your side, I'd want to hear about three things. One is if that erosion is still going on from the house and whether it's still effecting •.: your property? The second one is, if I could hear an expert tell..me, why that bluff that you say went down five lots, why it went down? Give me a reason because living here all my life, it doesn't just happen overnight. There's always some way, some how something has happened, and if you can bring a reason and I'm not suspecting what the reason will be good or bad to this applicant, but certainly would be helpful for me if you want to inject that into this conversation. If it's helpful to you, good. If it's not, you know, maybe you don't bring it up. And certainly, I think that the 100 foot setback as I've always seen it, you know, it's just that. It's a 100 foot setback and you try to live by that, as much as you .,- possibly can but when the other zoning laws, the other laws gave him a waiver, a person a use of his property, you know he has to have a place to seek relief because you know he's a taxpayer just like anybody else. And I can probably say from my point of view, that this application will look much different when we're done with it, and I know you're probably all friends and I hope you all leave friends, but if you can inject and try to show us you know, why, give me a concrete reason as to why you think that this particular pool will cause any erosion at all. You know there are experts. People that may be able to say, give a good reason for that. I'm certainly willing to hear it. I do know seating on this Board now for 14 years, you can build this close to a bluff, and you can do so without disturbing that bluff. But you know, if you have concerns, and you know, express your concerns to an expert and he can explain to us, I have no problem whatsoever, you know believing that fact. Thank you. CHAIRMAN GOEHRINGER: OK, we are at this particular point, we have requested, oh, you want to say something? Pardon me. MEMBER TORTORA: I just like to ask the attorney for the applicant. CHAIRMAN GOEHRINGER: Mr. Cuddy. At that point, if it's alright with everyone then we're going to recess until the next regularly scheduled meeting. MS. BUTZ: Or later if necessary. CHAIRMAN GOEHRINGER: You'll have to send us a letter on that respect. MS. BUTZ: I shall do so but I want that on the record. CHAIRMAN GOEHRINGER: Right. Mr. Cuddy. I don't know if he can hear 1 you. ti ' Page 26 - July 6, 2000 Transcripts of Hearings .. - , _ Board of Appeals ---.) MEMBER TORTORA: How high is that retaining wall? MR. CUDDY: The retaining wall that's on - MEMBER TORTORA: The retaining wall of, the timber retaining wall that holds the brick patio? . MR. CUDDY: You mean the proposed wall - MEMBER COLLINS: The proposed. MR. CUDDY: There, I think probably Mr. Ignego could say how high. MR. IGNEGO: It's going to be approximately 4 to 5 feet high. They intend to dig into the east side by about 3 feet and then fill to about an 8 or 9 foot difference in elevation. MEMBER TORTORA: It's going to be graded? MR. CUDDY: It's going be graded to the middle. ) MR. IGNEGO: The middle will be the center grade and then they'll cut into the eastern and fill to the west. MEMBER TORTORA: OK, the other thing I was reading Soil & Conservation and you read the report, you know the concerns. One of the concerns was, that the erosion would be compounded from the brick patio being impermeable _ surface but I wondered if you come with any options on that? MEMBER COLLINS: It's in sand. MR. CUDDY: Two points that I was making. One was that the brick surface is not going to be completely impervious because of the placement of the sand, which probably makes it very little different from hard dirt that would be packed at that site. Secondly, that's the purpose of having to drainage it at the south west corner. Any run-off that would come by virtue of the elevation at that point, would be picked up by the drainage pools that would be there, and we, that's why I indicated initially, that we're willing to have our engineers, Cronin & Cronin, certify to the Board, that what we proposed would be adequate to take all of the drainage run-off and will not go on to the neighbor's property, and I understand that concern. Page 27 - July 6, 2000 Transcripts of Hearings (', Board of Appeals J MEMBER TORTORA: Well, the other question we always ask, and you know the question is, is this the minimum setback that you can live with? MR. CUDDY: Well I would say, that=there's a few feet less but not an awful lot the way this pool is setup here. With the pool as you can see is a basically a 20 foot cross pool. As far as the width of it goes, coming from the deck out towards the bluff area, part of that pool as a matter of fact is within with the inside of the liner, that's probably 2 to 3 feet. I would think, that there's very little I think you can cut-off and still have an adequate pool. We probably could cut some of it r but not an awful lot. CHAIRMAN GOEHRINGER: Thank you. George, you have a question? ' MEMBER HORNING: No. CHAIRMAN GOEHRINGER: Again, at this particular point, we're in recess. I will make a motion recessing it to the next regularly scheduled meeting, which at this time is August 10th. However, unless I get a letter from you, (Ms. Butz), it will be up to the Board to make that determination then at that point, OK? MS. BUTZ: Yes, I understand. But I do need sometime to get my own expert witness as well. • CHAIRMAN GOEHRINGER: I understand and you'll give us a call tomorrow and leave your telephone number. MS. BUTZ: I won't be back at work until Monday. CHAIRMAN GOEHRINGER: That's fine. This is not going to be until the end of July anyway. MS. BUTZ: This has been a wonderful vacation. I wanted to tell you all that had a wonderful time. CHAIRMAN GOEHRINGER: We're sorry about that but we would like you to call us so that I can make an appointment with you around the 27th, 28th, 29th of July, whatever. MS. BUTZ: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you. Yes, that is a motion. See Minutes for Resolution. • APPEALS BQARD MEMBERS " r g`OStFFO`�C0' ; Southold Town Hall Gerard P. Goehringer, Chairman is • Dy% 53095 Main Road ; James Dinizio,Jr. o A`' P.O. Box 1179 Lydia A. Tortora Southold,New York 11971-0959 Lora S. Collins : ° X4'7 - ZBA Fax (631)765-9064 George Horning ;_�Q! ' • ao'i/ Telephone (631)765-1809 • BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 7, 2001 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 7, 2001 commencing at 6:25 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Paula Quintieri, Secretary 6:25 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Conditional Approval: Appl. No. 4948—George L. Penny, Inc. Approved as applied for: Appl. 4924—John M. John Brief Discussion: Appl. 4837 - Harry Cashy and Maria Misthos Cashy. The Chairman stated that this will be carried to end of tonight's meeting. Also, possible Special Meeting June 20, 2001 if not addressed tonight. Appl. No. 4909—McNamara/Mueller. No decision at this time. (Po§sible Special Meeting June 20, 2001.) (See end of Minutes for action taken at this meeting.) Page 10 —Minutes ~ '�1eting IfaId June 7,2001 Southold Town Board of Appeals Conditional Approval: Appl. No. 4954—Gene Walker Appl. No. 4959 — Dennis and Desiree O'Clair Appl. No. 4866— Norma Miller Appl. No. 4906 —V. and R. Lynch Approved as applied for: Appl. No. 4956 — Robert and Kathleen Lawrence Appl. No. 4953— Henry L. Ferguson Museum, Inc. Appl. No. 4955—Anthony and Carol Mitarotondo Appl. No. 4961 — Robert and Patricia Winchester Appl. No. 4909 —McNamara/Mueller— Reversed B.P. Denied: Appl. No. 4837— Harry Cashy AGENDA ITEM V: RESOLUTIONS/UPDATES/OTHER: A. Chairman offered motion, seconded by Member Tortora, to confirm the following applications for August 16, 2001 calendar: 1. Appl. No. 4939—Janet Wockenfuss •2. Appl. No. 4958 —A. Marinakis 3. Appl. No. 4927— Kace LI, Inc. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). B. The Chairman discussed possible correspondence in reply to Attorney Price's "inquiry" Re: prior ZBA variance adult home use and request for tourist home use. • AGENDA ITEM VI: EXECUTIVE SESSION (none held). * * * Brief reviews of pending files and general discussions by Board Members followed. * * *. There being no other business properly coming before the Board, at this l � '� s Q�o CASHY / MISTHOS PROPERTY SOUTHOLD, NEW YORK REVIEW OF SITE DRAINAGE AND INSTALLATION OF POOL, SPA & PATIO AREA STEVEN L. MARESCA CONSULTING ENGINEER 188-07 W. MONTAUK HIGHWAY •HAMPTON BAYS, NY 11946 • (516)728-9480 • FAX (516)728-9484 October 18, 2000 .F • ' , /V V J � 6ARAdE . HOUSE I DECK LO C4 lUc-i 54 `I I of Da.WwELL n SINSLE STORY ISECTION OF HOUSE PROPOSED vPOOL A .. - .11•11•1•1• - =NM= A / --\\ \) . SPA . E 54 52 DECK 'r~ 5o1-1( . --- 48 46--� --- TOP O --�-- UFF 44 'NI\ _ _ 42-- 3A 40 36 • GASITY/M I STHOS RAV I TGH/BUTZ PROPERTY PROPERTY 2 SITE LAYOUT SCALE I " = 30' fl } IE ! 11111 i JIII • • t � e i W a) ca z = r3 A— Q c. I- Z y > z . �: CASITY/MISTHoS RESIDENCE � , a w1w PROPOSED SPA t i - � z D z 0,7_1' 2 story frame structure .___I up ' 2 1 wl PROPOSED RETAINING v m s EL. 54..0 I WALL I, CI) PROPOSED PATIO r EL. 50.011. 446%'***'"....„,,,,,_ �� EXISTING DECK ELEV. 50.0 RREITDENEUTZ I STONE WALL,.. . '., ;:R . . . ..,. - - �� EL. 47.0 H w!w l proposed o-Iz M1 - pool 0:p EL. 41.0 EI - `- 1 ` bedroom area - , EL. 37.0 FIN FLR. EL. 36 5 . . EL. 35.0 - EXISTINta DRYWEL ; ; basement is — aW TIMBER71 £ 1O 0/ , _ ase F = . < • section a ;_ � • J $ SCALE 3/32' - 1'-0" > ; Q ►— a cF) 3 1 DRAWN : I CHECKED SM DATE :IO/12/OO SCALE : AS NOTED JOB N0, SHEET IOF ! SHEETS IIIIIIIIIIIIIIIIIIIIIIIII it y ° ........„."'-e',/.3 ' k -,a:.'' ‘ ik ft e f Lk •ate, k i.. ` • { „ ,,,,,,,,-?::4,1.,-%, i e. �a'�"rky.P •.K . ie• ti . ” . , •: •'r • ta �-•„'.--.,m: z- ° a., sz - ' — . '9' u'LR . yqS ._ _ 44, ,I•.• ", % r S; ' 11111}1! v ram—li._i--,—N—g' r _ — — -___ .,,,t,,,c;.i', t e4'.' v�,y,l 4f1 l7i `♦' 1 3• EYP'- ` laud 1 .„ . .� .. .4, , a.,-a ..7 . r ..'-.A 1.t. .w`,;IN. ;w •:.-40...,. s':,... M l+;e' • . t. t S 5, ' ;At± tib View of Cashy/Misthos House. Photo taken from the Ravitch/Butz property. Note the grade difference between the two homes. The rear portion of the Ravitch/Butz home is noted on the left side of the photo. . , . • - • il "Itk 4 ' -)., , it • '14/.*.k, ',:•• , •• ' — . '„ •• •" '•« .,.-•.4,, - - tb• • '\ . ' '',', ' - 'it,,• ., ';',`,.* .... . .1„,,, IIIPIII '''r 'IL ', 44. if. IL , ..' • 4 , 4-.,*fi,. , , . 1 — w5«.- rt• , -.!T i' ' , . , ,,,,,, 1.4. . 4,-‘ - ----,•.' ., .t..,e.,#,-.., •., -• i iv:%,-.11..-,o,sgov.-,s '4 ' 0.-, • ,),( ,. ),,, .....g, . ... . ,. ....,.„ .:„ ,-, • , - •, . , x. :,r, r • . ' ....., -• .,..., , 1 r .4rIP i , • ift.'„,: .-... , Ve'lf 1' tittnt4..* • .1001)*- ,-:` 4. '1• ...`f Mi;-,..c-:- 1,!' . ' ' l' .. - . ,•• .:.11%. .4 v.., :...k. , , ,,,,r i;',..c.krictfltv,. *..,.74.1. :. 4%;••.. 1#4• ':-A.6-l- „„:,5•J: • . , • E ,... - e^• ..- 4. 1. ';',• ' ''PP :4,11/7ilf....:.;:.Y'•'''-4:".011 '*.'4.1... t• :•..‘ •,... . SO.c. •• :' ••' - « 4 '' '4,.: ...•,e% • Y ''' • .,;•• '1,-;11,1iii:..''A Z...4.. .- •• •:• •' t.- ' ./i t.,,.''''‘,14. 1 .4` . ' .-.t.'l V. "W!..04. •ic .. , $ "E'''.• ...4.••-vir -%' 1•51i'i . ' -A -s . .,. •;• ' s I,- ”• :•i ib,: . . .0,, ." h. ... i:t...r._ ,7"..t, ..41 ,•,1 . '.... Iiii'I x . .... .44i.. : ,f„..... /•`4'''' ."*. 2:- •• ^iyi• . '7,-4— ,,''' .„t .r..e ef ..%, ' •*:.t:ii,.. •0"..‘40%;,:...,,:......„ .,: ,, , • ''. `. '.. -a• It:.' '•Aft •. . ; • .-'3- - ':VS. 4 - '" i': !: •.. • ...14-.,',I,, ' , ' teV• ' - '+1. ••, lir,i•-.3.:,, .,..•to. -•L,. 7,4,--, . -- ... il...- . 73451-, 4,,,,:,.....- • ..., .. .... • . :.,0 .. . .. , . , .0,.,. "f• Vie :t. • 4C.' I .. 01-''..':. -,4e- - ` -4, .1 i- • '''' ,4 7.' „,,, ..,. •• • , . . .• ,,,,1 ' , -- 4 1 ' ' ''. I IS. . s•441.54*** ',If.• ' •'.. , wit -6 •' '• • . - ....,,r View of the Ravitch/Butz house. The only portion of the home visible is the roof of the single level portion of the home. Photo is taken from the rear of the Cashy/Misthos Property. The rear deck of the Cashy/Misthos house is on the left side of the photo. • 0 44 � •: y' , ..s '* Imo'! , ., I. .• _ ,rte .a, .`7�` f".. '.' - 4... loVrit )44 . •• 174124* . ' , .41 , ,.._ #,If .• , 't. '• .'";::4'"". _gv} i.i"''1 t?., fill ., ,` If.f _ ~ , 4 '4 Tk. fit, •i _ r .. •. 1, , „. - t ;yy. /y _ Ifs I f, ,t /1:44..,...,',l` � a ., .�� 4 Y +•xa"V� •�: , f. f •�.'.,,,, -e# 7T`` ,1' I- • 1 r,i,L• RLt c.st\. .. :� _ ..i,' .;*/ . . i✓/ ' j.J .i _,- e- 1:31^ 9t' J 1 is." I.- . View of a drain located in the rear of the Cashy/Misthos property. This drain presently catches some of the water runoff from the Cashy/Misthos property. The new patio and retaining structure will impede the flow of water to this drain. 4114 ( y: - f ,G .a ' ti's`•,- lilt,,. " _ •. - ,it_Jr ,... :-.. -A- , r • .,...._ , . . ... .. . .: ....... ... . .... A i';111 . .' -,,:...f I, ....",-,t,t*,,-4,,,k. 4 .-.:4,.. .._.- --; ,.; .,, k View of water erosion at the front of the Cashy/Misthos property. This soil erosion is below the front deck of the house. This is indicative of the quantity of water running from the front yard to the west side of the rear yard. The runoff of the front yard and driveway is not being controlled. R will overcome the capacity of any drywells in the rear of the property. • .• „- joB al-tr [ s SHEET NO DATE CHECKED / 707.--) CALCULATED BY CHECKED BY DATE SCALE [ RA/( ( est-ittpw.PF7-4),,v( 4( I f.-( I L. AO-0- 01-Z1 ORO l.7:1-9Prf),774.---C4- cjiT6TIVAiti FRiolLfr- 100 bc-) /(2- 1-(363 az) 2) 12,0or - 100 % -4- qo 1-1c79 -°\ 3 4,)0o , op6-72._. (62), 3• C, 1-t-) P(4-T7o -f-- R.)06_ (-7(2) /(,2.) 122 3, DP--cr - I Ac Co t- , 4T---• Nt 12i5(5 ,f LI) 7" 16 .51??7.- Fr- -2, OF V2 I MKS cc t1 j12-aw oFF 7 Pf2or" -"-rir (-,Nr.T7nAI ic,nni chpmo 2nq I IParldoAl A. STORM WATER DRAINAGE DESIGN CRITERIA - All storm water collection systems shall be designed in ac- . cordance with the following minimum standards and shall be submitted on design sheets to be reviewed by the Village Engineer. (1) Rational Method: (a) Q = Ac,2 Q = Discharge in cubic feet per second (c. f.s. ) A = Tributary drainage area in acres• within the subdivision and shall include areas outside the subdivision c = Coefficient of runoff of drainage area The following values of "c" shall be used: Type of Surface Flat Rolling Roofs 1.00 Concrete or Asphalt Pavement 0.90 1.00 Bituminous Macadam 0. 70 0.90 Gravel 0. 25 0. 70 Lawn Areas 0.10 0. 35 Wooded Areas 0.10 0. 20 Rural Districts 0.10 0. 25 Parks, Golf Courses, etc. 0.10 0. 35 Agricultural Areas 0. 20 0.60 (b) "I" , the rainfall intensity in inches per hour, shall be determined by the following formula: I = 120 • t + 20 .where "t" is the time of concentration in minutes at the point of design. ( 2) Closed conduits and open channels shall be designed using Mannings Formula: (a) V = 1.486 x R 2/3 x S 1/2 Where: V = velocity in feet per second R = hydraulic radius in feet S = Slope in ft./ft. 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U, I A �,Il� �I I , .... , .- ..-- -113,05`1' U )J-4A-6• EgmhE , .1,1\ AAA CHARLES R.CUDDY � � I �E i Zoog, • ATTORNEY AT LAW 445 GRIFFING AVENUE ` RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net May 31, 2001 Zoning Board of Appeals Town of Southold 53095 Main Road Southold,NY 11971 Re: Cashy pool variance application 1900 Hyatt Road, Southold SCTM 1000-50.00-01.00-003.000 Dear Board Members: In response to the letter from John Ciarelli, dated May 17, 2001, enclosed please find an affidavit from Joseph Ingegno explaining the differences in the surveys dated August 20, 1997 and December 16, 1997. Once again, the opponents have attempted to raise an issue which is without substance. Repeatedly,those opposing the Cashy swimming pool have attempted to raise any device that might get the Board's attention, although when reduced to its core, the opposition is subjective and personal. The Cashy proposed swimming pool is a fair request by a family to enjoy its property and, as is evident, its affect is for three months a year. It is submitted that the diatribe of the opponents is directed not at the standards set forth in the Town Code and in the State Law,but is self serving. The Cashy application is made pursuant to the terms of the Town Code and should be granted Very truly yours, eiLe Charles R. Cuddy CRC JML Enclosure cc: Ciarelli & Dempsey r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application AFFIDAVIT of Appeal No. 4837 Harry Cashy/Maria Misthos X STATE OF NEW YORK ) ) ss. COUNTY OF SUFFOLK ) JOSEPH A. INGEGNO, being duly sworn, deposes and says: 1. I am the surveyor who completed the surveys showing the Cashy residence in connection with obtaining the building permit from the Town of Southold and approval from the Suffolk County Department of Health Services. 2. The survey dated August 20, 1997 showed a typical diagram of a proposed house in order to determine at the Building Department level whether the permit would be issued for a house at the Cashy premises. This is a normal and routine procedure 3. The actual survey showing the house is the survey dated December 16, 1997. This is the house as designed by the architect and its location, as previously indicated, was dictated by the placing of the wells and cesspools as directed by the Suffolk County Department of Health Services. 4. There is no discrepancy in the survey as presented. The first survey was a general outline of a house structure, and the second and later survey depicted the actual house built at the site. 5. I make this affidavit knowing that it will be relied upon by the Southold Town Zoning Board of Appeals. / i� ; Sworn to before me this °acc".day of May, 2001. Notary Public PATRICIA A. CLARK Notary Public,State of New York No.5711005 Qualified in Suffolk County Commission Expires September 30.20Q1 2 RANSMITTAL MFMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: M o,i /e 2P SUBJECT: File Update card 2p,JD d 4 J 3 7 With reference to the above application, please find attached the following new information added to the official ZBA office file: Comments: _ji _A _ 9_afg4 /r6 ds dweri, 41atted-- - - -AL-1122(1:0424-61 -/h - _ Number of Pages Attached: 4 TrMemo.doc CIARELLI & DEMPSEY ATTORNEYS AT LAW JOHN L CIARELLI FAX:(631)369-5132 PATRICIA A.DEMPSEY 737 ROANOKE AVENUE P.O.BOX 488 [� © f �W 1 EDWARD T MCINTYRE RIVERHEAD,NEW YORK 11901 (�,�'- 11 f OF COUNSEL � I (631) 369-5100 C � , MAY (182001 11 ,1 LA-raj/ May 17, 2001 VIA FACSIMILE (631) 765-9064 & REGULAR MAIL 'Hon. Gerard P. Goehringer, Chairman Hon. James Dinizio, Jr. Hon. Lydia A. Tortora Hon. Lora S. Collins Hon. George Horning Zoning Board of Appeals Town of Southold 53095 Main'Road . P.O. Box 1179 . Southold; New York.11971 RE: Cashy/Misthos Appeal - - No. : 4837 Premises : 1900 Hyatt Road, Southold, New York SCTM No. : 1000-50-1-3 Dear Chairman & Board Members: In connection with the Iasi Board Public Hearing held on April 19, 2001, we had submitted a-FOIL request to inspect the Subject Premises' Building Department file. Unfortunately, the file was not available for inspection until after our last submission on May 9, 2001. A review of the file conducted on May 16, 2001, revealed the following pertinent information: 1. The' Certificate of Occupancy was only issued on December 8, 1998, pursuant to a building permit application dated December 29, 1997. The Certificate of Occupancy"indicated it was based, in part, on Suffolk County Health Department approval (No. R10-97-0136), dated October 19, 1998. (A copy of Certificate of Occupancy is enclosed).',Based on the other information we submitted, it appears that the Cashys had CIARELLI & DEMPSEY Attorneys at Law 2 submitted its plans for the non-conforming pool less than a year later. 2. The survey, dated December 16, 1997, on which the final structure was based, shows the rear line of the dwelling, with rear wood deck, set back only 8 feet from the 100' setback line from top of bluff. (Pages of December 16, 1997 survey enclosed). 3. At the same time, in the file, there is an earlier survey for a one-dwelling home on this same lot,dated August 20, 1997, also approved by the Suffolk County Health Department, where the rear of the proposed one-family dwelling was set back approximately 34 feet from the 100' setback line, in which site, the proposed pool and hot tub could have been located without the need for the 26 foot variance. (Pages of August 20, 1997 survey enclosed): Based on the foregoing, it appears that this lot was adequate to allow for the construction of a one-family dwelling and pool, without the need for a variance. This fact, and the earlier survey, contradicts the basis for the applicants'seeking the variance,which was repeatedly stated to be because "the house was built at the site that it is on because the location was dictated by the Health Department." Further,this evidence demonstrates the siting of the septic system and well did not mandate or create the problem, but the problem was self-created by the applicants, which factor should be weighed by the Board in its deliberation about the relative merits of the application. We are submitting this information to assist the Board in its deliberations. Thank you for your assistance in this matter. Respectfully submitted, c 6(-A/1- 0 N L. CIARELLI JLC/tr - Enclosures cc: Charles R. Cuddy, Esq. 445 Griffing Avenue - - P.O. Box 1547 - Riverhead, New York 11901 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-26147 Dates 12/08/98 THIS CERTIFIES that the building NEW DWELLING Location of Property: 1900 HYATT RD SOUTHOLD ' (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473839 Section 50 Block 1 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 18, 1997 pursuant to which Building Permit No. 24579-Z dated DECEMBER 29, 1997 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED TWO CAR GARAGE, REAR DECK, WRAP AROUND PORCH & SECONC STORY BALCONY AS APPLIED FOR. The certificate is issued to HARRY CASHY & MARIA MISTHOS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-97-0136 10/19/98 ELECTRICAL CERTIFICATE NO. N466655 09/29/98 PLUMBERS CERTIFICATION DATED 1 9/98 CUTCHOGUE EAST PLUMB. Building Inspector ,Rev. 1/81 . • • • ...; . .-1..e,„,".•tt•Z tt‘.' , •••••;_••• . *." ..'4'5.•pr„r`z'i . • ' ' ' I . .• 4; 'i;'4 4:4; ,•%.'-'. n ,.',...' • • - SURVEY OF PR6 rERTY ....'•,':;,:,.%•° i,,,t-o„..?:(,.: .., ,,,, •'4i,bIrl Oikt.,Ttf,,•r. SITUATED A r , . ,......,. ,"•4,(1-0,..t1., . . ..• .„ • .,,,„...,.,I.,.•,ey , , . i t••,..,,,, • .t . . .• i ,. HOTTON poiNfr. s ..:, TOWN OF SOUtHOLD ,,....il'isAr,,,,e144 • • , ..., •.,-3","417$0;,c4•;,..„:,4 SUFFOLK COUNTY, NEW YKOR • ,.. ,,, t,,t,„..,,, • t.."-I, ,14.,,,,,,, , :: • .,..,..,, • ::;•• CIA,...,T,,r,..‘f. . . • -—. ? ,. ..ipli.., , ... . S.C. TAX No 1000-.50,-0.1 —03 .• . .Alt( 4:4.1 l'',t si le•?„t , •,.,• .,t."...•.,:. SCALE 11? ,„•,-,,., ,,,,,,,, ,. . • mi,,tlicl.•:. • , . ,• ,,;:-.3. 1;4.:•, / ); '. '4 DECEMBER 16 1997 . • .„ .-,,,,,.?,..:1!!.p, - •,.,%:.,••i e.i 1.s. t' • JANUARY 30, 1998 FOUNDATION LOCATION ' , ‘•.,.‘4. ,•(.'• -,:,.% 1.‘'.:1,!, ,t'zi 1•4;1•5:.••,'„ ' ‘.il,":)'.`., :q,• • JUNE 22, 1998 FINAL SURVEY • ,.,..,,,,,cf,;‘,... • ..„A c.:I.:. . : . . " ' :1.'.. • •'., '1 • •.•• ' :• ( ) • ` •:••.'''.'•••'— •.1.:. •• •• ,, : .• •:.%„, • • AREA = 45,014:45 sq. ft. . .. l• -,, ..-•-<....,, . : .,...t.„...:•.> -.,•‘'l.::, ...:;•, t,' 1.035 ac. •:"--•,-;:,:'..7. e , r•.. P I. ,. '••'I.• . . s. .......i ,Pj..'• '.. - . •,•"'" .'.:f...;IF ''.'; ••'.•... , . ,,,,•• •..,,..s. . ,• • ••,•. , :4 7.* .•,-k-.11'' • • - . . • . -CERTIZIELZe, . _.• .- . • „ g_' Ie.,`,..• TH, (AND -TIRE INSPRANCE. • ,takieANY •;-• • -; -;;1,•..-:e.),... ' . 'z ”.'`" ' ". on 44AtiottAi: BANK. - .- ' • .., .t:: •-• ,-,:- •,-:.-i.:--c-••• IiikRRT ._, • Y ., . ` '.* ; •'' •:' ;:=,,,,• .-i..,,•1!.. ;:t:::: • • • -.. ..-.''', ,•c.-...r.f,ic. :....... • • . 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Pq-t_9(ith. t9-03 19 c? —1 (Rife li CIARELLI & DEMPSEY ATTORNEYS AT LAW JOHN L CIARELLI FAX:(631)369-5132 PATRICIA A DEMPSEY 737 ROANOKE AVENUE P.O.BOX 488 RIVERHEAD,NEW YORK 11901 • EDWARD T.MCINTYRE OF COUNSEL (631) 369-5100 May 9, 2001 VIA FACSIMILE (631) 765-9064 & REGULAR MAIL Hon. Gerard P. Goehringer, Chairman Hon. James Dinizio, Jr. Hon. Lydia A. Tortora Hon. Lora S. Collins Hon. George Horning Zoning Board of Appeals Town of Southold , . .. ;1: 53095 Main Road d .5 . .. . _ _ P.O. Boxc 1179 Southold; New'York 11971 . • , RE: Cashy/Misthos Appeal No. : 4837 Premises : '1900 Hyatt Road, Southold, New York SCTM No. : 1000-50-1-3 Dear Chairman & Board Members: At the last scheduled Zoning Board of Appeals' hearing held on April 19, 2001, on the above-mentioned application for an area variance to reduce the 100-foot minimum setback in the bluff area (Section 100-239.4(A).1), the Board granted our clients, as the owners of the neighboring properties, an opportunity to reply to, and comment on, any report or study submitted by the applicants on the issue of alternative •sites. The Chairperson's direction to the applicants followed the Board's raising the question that based on a review of the site, it appeared that siting the pool and hot tub at other locations on the site was feasible, whereby no intrusion into the bluff area would be needed. CIARELLI & DEMPSEY Attorneys at Law 2 At the April 19, 2001 hearing, a Board member made the specific observation that it appeared the pool could be sited in the front without the need for a variance. The second observation made was that the removal of the 13.6' rear wood deck, and installation of the pool in this same area, would dramatically reduce the magnitude of the intrusion into the bluff area, by reducing any needed variance by the same 13.6 feet. This second alternative would also, by necessity, lower the pool,further diminishing the negative impact on the neighbors' properties. These were only two observations made at the hearing, suggesting that the applicants should have, and could have, first considered the extent to which any alternative sites were feasible, or practical. • The applicants,submitted.a Supplemental:Memorandum•prepared by their attorney, which is not supported or accompanied by any competent evidence or testimony in the form of an analysis or study conducted by an engineer or architect. In the Memorandum, the applicant's counsel makes the following admissions, although in an apparent effort to undermine the feasibility of the alternatives: 1. The pool could be sited in the front within the minimum setbacks. 2. Siting the pool in the front would require a retaining wall. The applicants claim such a retaining wall could not be "aesthetic", although this argument appears to conflict with the applicant's landscaping architect's testimony at the April 19th hearing wherein he stated he could allegedly buffer the proposed retaining wall. In the applicants' Supplemental Memorandum, the applicants' counsel calls the issue of the retaining wall "bogus", because any retaining wall "would be landscaped so as to shield the wall from view." The applicants' argument also ignores the fact that at its current proposed location, the pool is elevated by 7-8 feet, and is eye-toeye with the second floor of the Butz-Ravitch residence. Siting the structure in.the front results in no similarly, significant intrusion into, or negative impact on, this dwelling. 3. The applicants could not allegedly remove the rear deck"without jeopardizing the integrity Of the deck." There is no-evidence to support this claim. 4. Removal of the deck and siting the deck and surrounding deck area, next to the house,would only reduce the variance. This last observation, like all of the three other observations made in the Supplemental Memorandum, represents an admission that the alternatives as raised at the April 19th hearing are feasible, and were always practical, as well as available to the applicants when designing their pool and hot tub. The significance of that fact is highlighted by the date when these same applicants first built their house. A review of the available Town Building Department records reveal that the Certificate of Occupancy for the one-family dwelling, with 13.6 foot-wide rear deck and two front-yard parking areas, was issued sometime in late 1998. The applicants' first application to the Town's Board of Trustees for a variance to build a pool was denied in December, 1999, meaning the pool proposal was conceived,at the latest,within the same year the residence was constructed. It is difficult for the applicants to complain that their layout of their home CIARE•LLI & DEMPSEY Attorneys at Law 3 precluded siting a pool on the property without the need for a variance when it is apparent a pool was part of their original design for the lot. That design was reached well after the dates of all the pre-existing neighboring homes,,yet it appears the house was sited in such a way as to mandate a later application for a 26-foot area variance into the bluff area, at a site where it would be most intrusive to these same neighbors. The question raised by this sequence is whether the applicants would have been able to offer any credible defense of this same variance application had they not built the house one year, and asked to build the non-complying pool, the next. The applicants' concession that they can now site the pool in front; or abutting the rear of the residence, represents an acknowledgment that their current application is based on a self-created "hardship". Clearly, these same applicants could have built the house with the pool and decking area, and hot tub, without the need for any-v :iahce the-year earlier. -'instead; t 0.4, chose to tyild the house.at the particular site with a large 13.6 -foot rear deck only to be able one year later to argue that they allegedly have no room for the pool. In fact, the attorneys' Supplemental Memorandum concedes otherwise. After admitting there is no need for the variance given the multiple "no-variance" alternatives available, the applicants now argue that this Board is without authority to consider their variance application. First, if the applicants believed this was a valid interpretation of the intent of the Code, they should have withdrawn their application, and brought a declaratory action against the Building Inspector's determination that the swimming pool was subject to the bluff area setback provided for in Section 100-239.4A.1. The applicants have not chosen to take such action, instead acquiescing to the Building Inspector's decision and the Board's jurisdiction. That jurisdiction stems from Section 100- 239.4(a), which Town Ordinance established the minimum setback requirements for all properties located adjacent to Long Island Sound. That ordinance was adopted in 1992 and defined the Board's jurisdiction. Once the power to grant variances is vested in a Zoning Board of Appeals, it cannot be delegated or.diminished by the Town Board, such that any subsequent attempt to restrict the Zoning Board's jurisdiction is invalid. See,, Jewish Reconstructionist Synagogue of North Shore, Inc. v. Levitan, 41 A.D.2d 537 339 N.Y.S.2d 274(2d Dept., 1978), order affdd 34 N.Y.2d 827 359 N.Y.S.2d 55, 316 N.E.2d 339 '(1974) rearg,umn nt:dehied, 3 'N.Y.2d 855,-363-N.Y.S.2d 1-026,321 N.F:2d 883 (197.4). Any recent change in the definition of a building made by the Town Board could not have intended to restrict the Zoning Board's authority because the Town Board is without such authority. Based on the Supplemental Memorandum, the arguments presented therein and the absence of any credible, expert evidence to support the arguments as presented, it appears that the applicants have conceded: 1)the Board's authority to render a decision; and 2) the availability of alternate sites for the proposed swimming pool which does not require a variance to be granted. Based on said admissions, our clients, Mary Butz, Diane Ravitch,Virginia Toedter, and William Toedter, representing the neighbors to the east and west of the subject parcel, respectfully request the Board deny the 26-foot area variance as being substantial and unnecessary. Further, our clients contend that based on the. testimony, the record before the Board, and your personal inspection, the Board can find CIARELLI & DEMPSEY Attorneys at Law 4 • as follows: 1. The benefit sought by the applicants can be achieved by another method, feasible for the applicants to pursue; 2. The shape and grade of the lot does not make it impractical to locate a swimming pool in the front yard; 3. The requested area variance is substantial; 4. Granting the area variance will produce an undesirable, and unnecessary, change ;nt the'character of the nleighborhaoc; and a,-detrirnent-`to the neighboring properties; 5. Swimming pools are uncommon in this area; and • 6. The proposed pool location does intrude on neighbors and their homes. Thank you for your continuing courtesy and cooperation, and consideration of these supplemental remarks. Respectfully submitted, if/ 6 rOHN L. CIARELLI JLC/tr' cc: Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box-1547 .Riverhead, New York 11901 TRANSMITTAL '"SMO TO: ZBA Chairman and Members FROM: ZBA Of 'ce Staff DATE: 5519 a( SUBJECT: File U date With reference to the above application, please find attached the following new information added to the official ZBA office file: • • _Comments: Number of Pages Attached: TrMemo.doc • 05-09-01 15:35 CIARELLIDEMPSEY ID=6316947633 P02/04 r r4 - f _ 5 C�tELLI & DEMPSEY g°� 1 OA ATTORNEYS AT LAW JOHN L, • ` FAX:(631)369-5132 PATRICIA A •u •SEY 737 ROANOKE AVENUE P.O.BOX 488 RIVE HEAD,NEW YORK 11901 3DWAAD T MCINTYRE OF COt1NSEL (631) 369-5100 May 9, 2001 VIAACSIMlLE{6391x65-9064 & REGULAR MAIL Hon. Gerard P. Gcehringer, Chairman Hon. James Dinizio, Jr. Hon. Lydia A. Tortora Hon. Lora S. Collins Hon. George Horning Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Cashy/Misthos Appeal No. : 4837 Premises : 1900 Hyatt Road, Southold, New York SCTM No. : 1000-50-1-3 Dear Chairman & Board Members: At the last scheduled Zoning Board of Appeals' hearing held on April 19, 2001, on the above-mentioned application for an area variance to reduce the 100-foot minimum setback in the bluff area (Section 100-239.4(A).1), the Board granted our clients, as the owners of the neighboring properties, an opportunity to reply to, and comment on, any , report or study submitted by the applicants on the issue of alternative sites. The Chairperson's direction to the applicants followed the Board's raising the question that based on a review of the site, it appeared that siting the pool and hot tub at other locations on the site was feasible, whereby no intrusion into the bluff area would be needed. 05-09-01 15:35 CIARELLIDEMPSEY ID=6316947633 P03/04 CIAfELLI & DEMPJL t Attorneys at Law 2 At the April 19, 2001 hearing, a Board member made the specific observation that it appeared the pool could be sited in the front without the need foravariance. The second observation made was that the removal of the 13.6' rear wood deck, and installation of the pool in this same area, would dramatically reduce the magnitude of the intrusion into the bluff area, by reducing any needed variance by the same 13.6 feet. This second alternative would also,by necessity,lower the pool,further diminishing the negative impact on the neighbors' properties. These were only two observations made at the hearing, suggesting that the applicants should have, and could have,first considered the extent to which any alternative sites were feasible, or practical. The applicants submitted a Supplemental Memorandum prepared by their attorney, which is not supported or accompanied by any competent evidence or testimony in the form of an analysis or study conducted by an engineer or architect. In the Memorandum, the applicant's counsel makes the following admissions, although in an apparent effort to undermine the feasibility of the alternatives: 1. The pool could be sited in the front within the minimum setbacks. 2. Siting'the pool in the front would require a retaining wall. The applicants claim such a retaining wall could not be "aesthetic", although this argument appears to conflict with the applicant's landscaping architect's testimony at the April 19th hearing wherein he stated he could allegedly buffer the proposed retaining wall. In the applicants' Supplemental Memorandum, the applicants' counsel calls the issue of the retaining wail "bogus", because any retaining wall "would be landscaped so as to shield the wall from view." The applicants'argument also ignores the fact that at its current proposed location, the pool is elevated by 7-8 feet,and is eye-to-eye with the second floor of the Butz-Ravitch residence. Siting the structure in the front results in no similarly, significant intrusion into, or negative impact on, this dwelling. 3. The applicants could not allegedly remove the rear deck"without jeopardizing the integrity of the deck." There is no evidence to support this claim. 4. Removal of the deck and siting the deck and surrounding deck area, next to the house,would only reduce the variance. This last observation, like all of the three other observations made in the Supplemental Memorandum, represents an admission that the alternatives as raised at the April 19th hearing are feasible, and were always practical, as well as available to the applicants when designing their pool and hot tub. The significance of that fact is highlighted by the date when these same applicants first built their house.A review of the available Town Building Department records reveal that the Certificate of Occupancy for the one-family dwelling, with 13.6 foot-wide rear deck and two front-yard parking areas, was issued sometime in late 1998. The applicants'first application to the Town's Board of Trustees for a variance to build a pool was denied in December, 1999, meaning the pool proposal was conceived,at the latest,within the same year the residence was constructed. It is difficult for the applicants to complain that their layout of their home 05-09:-01 15 : 36 CI ARELL I DEMPSEY ID=6316947633 PO4/04 CIARELLI & DEMPSEY Attorneys of Law • 3 precluded siting a pool on the property without the need for a variance when it is apparent a pool was part of theiroriginal design for the lot. That design was reached well after the dates of all the pre-existing neighboring homes,yet it appears the house was sited in such a way as to mandate a later application for a 26-foot area variance into the bluff area, at a site where it would be most intrusive to these same neighbors. The question raised by this sequence is whether the applicants would have been able to offer any credible defense of this same variance application had they not built the house one year, and asked to build the non-complying pool, the next. The applicants' concession that they can now site the pool in front, or abutting the rear of the residence, represents an acknowledgment that their current application is based on a self-created "hardship". Clearly, these same applicants could have built the house with the pool and decking area, and hot tub,without the need for any variance the year earlier. Instead, they chose to build the house at the particular site with a large 13.6-foot rear deck only to be able one year later to argue that they allegedly have no room for the pool. In fact, the attorneys' Supplemental Memorandum concedes otherwise. After admitting there is no need for the variance given the multiple "no-variance" alternatives available, the applicants now argue that this Board is without authority to consider their variance application. First, if the applicants believed this was a valid interpretation of the intent of the Code, they should have withdrawn their application, and brought a declaratory action against the Building Inspector's determination that the swimming pool was subject to the bluff area setback provided for in Section 100-239.4A.1. The applicants have not chosen to take such action, instead acquiescing to the Building Inspector's decision and the Board's jurisdiction. That jurisdiction stems from Section 100- 239.4(a), which Town Ordinance established the minimum setback requirements for all properties located adjacent to Long Island Sound. That ordinance was adopted in 1992 and defined the Board's jurisdiction. Once the power to grant variances is vested in a Zoning Board of Appeals, it cannot be delegated or diminished by the Town Board, such that any subsequent attempt to restrict the Zoning Board's jurisdiction is invalid. See, Jewish Reconstructionist S, na•,••ue of North Shore inc. v. Levitan, 41 A.D.2d 537 339 N.Y.S.2d 274(2d Dept., 1978), order offd 34 N.Y.2d 827 359 N.Y.S.2d 55, 316 N.E.2d 339 (1974), reargument denied, 35 N.Y.2d 855, 363 N.Y.S.2d 1026, 321 N.E.2d 883 (1974). Any recent change in the definition of a building made by the Town Board could not have intended to restrict the Zoning Board's authority because the Town Board is without such authority. Based on the Supplemental Memorandum, the arguments presented therein and the absence of any credible, expert evidence to support the arguments as presented, it appears that the applicants have conceded: 1)the Board's authority to render a decision; and 2) the availability of alternate sites for the proposed swimming pool which does not require a variance to be granted. Based on said admissions, our clients, Mary Butz, Diane Ravitch,Virginia Toedter,and William Toedter, representing the neighbors to the east and west of the subject parcel, respectfully request the Board deny the 26-foot area variance as being substantial and unnecessary. Further, our clients contend that based on the testimony, the record before the Board, and your personal inspection, the Board can find CIARELLI & DEMPSEY Attorneys at Law 4 as follows: 1. The benefit sought by the applicants can be achieved by another method, feasible for the applicants to pursue; 2. The shape and grade of the lot does not make it impractical to locate a swimming pool in the front yard; 3. The requested area variance is substantial; 4. Granting the area variance will produce an undesirable, and unnecessary, change in the character of the neighborhood, and a detriment to the neighboring properties; 5. Swimming pools are uncommon in this area; and 6. The proposed pool location does intrude on neighbors and their homes. Thank you for your continuing courtesy and cooperation, and consideration of these supplemental remarks. Respectfully submitted, CV'6--etke-114,' OHN L. CIARELLI JLC/tr cc: Charles R. Cuddy, Esq. 445 Griffing Avenue P.G. Box 1547 Riverhead, New York 11901 1). 1 r(0)1 MAY - 22001 `� o 81; I CHARLES R.CUDDY Ilk\ /y1 ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 May 1, 2001 E-mail: crcuddy@earthlink.net Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Attention: Gerard P. Goehringer Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Mr. Goehringer: I am submitting a short memorandum in reference to the alternatives proposed at the last hearing and also to note that I am concerned with the testimony at the last hearing, as well as to pose a fundamental question to the Board. It is my understanding that John Ciarelli and Patricia Dempsey, attorneys for the opponents, will have five days to respond. Please note that this memorandum was delayed as a result of the surveyor ' s not immediately being in a position to review the alternative proposals to relocate the pool . Very truly yours, Charles R. Cudd, Encs. cc: Members of the Zoning Board CRC:cg ews MAY ® 2 2001 I ll JJ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application of Appeal No. 4837 H. CASHY/M. MISTHOS X STATE OF NEW YORK) ) : ss: COUNTY OF SUFFOLK) CATHERINE M. GIVEN, being duly sworn, deposes and says: I am not a party to the action, am over 18 years of age and reside at 104 Jayne St. , Port Jefferson, New York 11777 . On May 1, 2001 I served the within Applicant' s Supplemental Memorandum by hand delivering a true copy thereof addressed to each of the following persons at the last known address set forth: John L. Ciarelli, Esq. Patricia A. Dempsey, Esq. at the offices of Allen M. Smith, Esq. 737 Roanoke Avenue Riverhead, NY 11901 Ca i)2,( - Catherine M. Given Sworn to before me this 1st day of May, 2001 Notary Public Notary Public 8 ate of New York No.5711005 County Commission Qualified September 30.20 fNJnr • ` flj22oaIllU/I II ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application • of Appeal No. 4837 H. CASHY/M. MISTHOS X APPLICANT'S SUPPLEMENTAL MEMORANDUM ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application of Appeal No. 4837 H. CASHY/M. MISTHOS X This memorandum is written primarily to respond to alternative locations for the applicant's swimming pool as proposed at the meeting of the Zoning Board of Appeals held on April 19°i, 2001. One alternative suggested was to place the pool in the front yard,which again would adjoin the parcel on the west. After measuring the front yard setback, the area in which the pool would be located was found to have an elevation of 54, while the surveyor noted the slope ran to the north and west to an elevation of 37, thereby necessitating erecting a wall in excess of 15 feet This, together with the motel-like aesthetics of locating a pool in the front yard, make this alternative neither desirable nor feasible. Another alternative proposed by the Chairman and supported by one of the opponent's attorneys was to move the pool partially under the deck or to remove the deck and construct the pool in its place. It should be noted that vertical deck supports could not be removed without jeopardizing the integrity of the deck Removal of the deck and moving the pool closer to the house would not be a complete solution. This would not eliminate the need for a variance, but merely reduce the amount of variance required. Furthermore, in these circumstances, a deck is hardly a luxury. Unlike the neighbors' home to the west which sits in the bluff area, the Cashy house does not afford an unobstructed view of Long Island Sound, whereas their deck would offer a limited water view. The Cashy's view of the Sound from their deck is integral to their enjoyment of their waterfront property. Again,moving the pool closer to the house would not eliminate the retaining wall, and would probably increase its height. Not parenthetically, the retaining wall issue is bogus. A retaining wall from the ground to the patio would be landscaped so as to shield the wall from view. Meanwhile, the neighbors, who now object to the retaining wall proposal, originally proposed a canvas cabana and canopy to obstruct noise. Presumably,this would rise more than 10 feet in height above the pool, as measured from the patio. This proposal is set forth in a letter from their attorney dated July 20, 2000, which was delivered by the opponents and placed in the file on their behalf. Either the objectants forget their original position or argue whatever is convenient. This vacillating approach of constantly moving from argument to argument makes their credibility more than suspect. Their testimony is merely a venting of their personal upset over the prospect of a neighbor's pool — to be used only intermittently for three months a year — intruding into their lifestyle. Whether one is an author, musician, artist or an electrician, plumber or contractor is of no consequence. Zoning is about land use, not personal predilections. With respect to the need for a variance, this is not an area variance application resulting from the bulk schedule or arising from accessory setback requirements. This application results from a determination ofthe Building Inspector that a swimming pool cannot be located in the bluff area since it is contrary to Southold Town Code §100-239 4A 1. In examining cases before the Board and then reviewing the Town Code, a fundamental problem becomes apparent: The framers of§100-239.4.A.1 were concerned only with buildings- 2 l . • perhaps not wanting the Board to expend time considering accessory structures. The provision reads: (1) All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. Town Code §100-239.4 (emphasis supplied) "Building" is defined as "A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property." -- Town Code- Zoning - Definitions "Structure" is defined as "An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings." -- Town Code- Zoning- Definitions "Swimming pool" is defined as "A structure containing an artificial body of water which is greater than six feet long or wide and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45° shall not be included in this definition " -- Town Code - Zoning - Definitions "Accessory building or structure" is defined as "A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building." -- Town Code - Zoning - Definitions 3 i , Y � 4 , At best, swimming pools are accessory structures. Structures per se are not included in the "Building" definition. This is not a question of interpretation, it is a question of jurisdiction. As accessory structures, swimming pools are not covered by this Section of the Town Code. Under the circumstances, Harry Cashy, Maria Misthos and their children should be able to install a swimming pool at the site designated. None of the contrary evidence is persuasive and it appears that the Town Code neither applies to nor.prevents this modest proposal. Dated: May 1, 2001 Respectfully submitted, CHARLES R. CUDDY, Esq. Attorney for Harry Cashy and Maria Misthos 445 Grilling Avenue PO Box 1547 Riverhead, NY 11901 (631) 369-8200 4 CIARELLI & DEMPSEY ATTORNEYS AT LAW JOHN L CIARELLI FAX.(631)369-5132 PATRICIA A.DEMPSEY 737 ROANOKE AVENUE - -• - P.O.BOX 488 RIVERHEAD,NEW YORK 11901 - - ' EDWARD T.MCINTYRE - , - - • OF COUNSEL -• . ' (631) 369-5100 May 1, 2001 By Fax &Mail 631-765-9064 Zoning Board of Appeals Town of Southold 53095 Main Road-PO Box 1179 Southold,NY 11971 Re: BZA Application of H. Cashy/M. Misthos Dear Ms. Kowalski: At the last BZA hearing held on April 19, 2001, the Chairman directed the applicant to submit a report on alternative siting for the project, and indicated we, as attorneys for the two next-door neighbors would have five (5) business days to reply to this information. At the same time the Chairman indicated the hearing would be closed as of May 3, 2001, thereby implicitly directing the applicant to comply with his request , by no later than April 26, 2001. Unfortunately, to date we have not received any information from the applicant. If the BZA has, in fact, received any such information, we would appreciate receiving this information. At the same time we would respectfully request that the hearing remain open in order for us to be able to submit a reply within the five business day deadline. Thank you for your consideration of this request. Yours truly, Patricia A. Dempsey PAD\ls Cc: Charles Cuddy •'.\ ZONING BOARD OF APPEALS j> ` TOWN OF SOUTHOL [ J 53095 MAIN ROAD SOUTHOLD , NY 11971 - 0959 ( 631 ) 765 - 1809 • FAX ( 631 ) 765 - 9064 FACSIMILE TRANSMITTAL SHEET TO: FROM: ZBA OFFICE STAFF 765-1809 COMP Y: r DATE: 5/0 ( FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 3 6 -S732_ ! 3 NOTES/COMMENTS: D f 0<1 �! ,.1/ / i GCS 1 / ' • ie (� L '" . ) " r ,1 ' . IA,� Q—vcO 0 Ce-cam-)6 § 100-13 SOUTHOLD CODE § 100-13 § 100-13 ZONING § 100-13 BREEZEWAY— Open construction with a roof projecting from the outside wall of a building, not to or occupied as living and sleeping quarters for seasonal fe exceed dimensions of 8 feet by 10 feet, connecting the occupancy. _ main building and a garage. Other types of attachments TOWN BOARD— The Town Board of the Town of t, which extend more than 10 feet,or exceed 80 square feet Southold. in area, shall not attach a main building to a separate building unless such attachment meets the requirements TOWNHOUSE— A dwelling unit in a building of livable floor area. [Added 5-31-1994 by L.L. No. containing at least three connected dwelling units 10-1994] divided by common vertical party walls with private entrances to each dwelling. A townhouse may include BUILDABLE AREA—The area of a lot remaining after dwelling units owned in fee simple or in condominium or the minimum yard and open space requirements of this cooperative ownership or any combination thereof: chapter have been met. TRAILER OR MOBILE HOME— Any vehicle mounted BUILDABLE LAND— The net area of a lot or parcel on wheels, movable either by its own power or by being after deducting wetlands, streams, ponds, slopes over drawn by another vehicle and equipped to be used for 15%, underwater land, easements or other restrictions living or sleeping quarters or so as to permit cooking. preventing use of such land for construction of buildings The term"trailer"shall include such vehicles if mounted or development. on temporary or permanent foundations with the wheels removed and shall include the terms"automobile trailer" BUILDING— A structure wholly or partially enclosed and"house car." within exterior walls, or within exterior and party walls, • and a roof, affording shelter to persons, animals or USABLE OPEN SPACE—An unenclosed portion of the property. [Amended 11-12-1997 by L.L. No.26-1997; ground of a lot which is not devoted to driveways or 12-8-1998 by L.L.No.27-1998] parking spaces,which is free of structures of any kind,of which not more than 25% is roofed for shelter purposes BUILDING AREA— The aggregate of the maximum horizontal cross section of the buildings on a lot, only, the minimum dimension of which is 40 feet and measured between the exterior faces of walls. which is available and accessible to all occupants of the building or buildings on the said lot for purposes of (1) The term"building area"shall include the following: active or passive outdoor recreation. (a) Balconies. USE— The purpose for which land or a structure is (b) Terraces, patios, decks and other structures arranged, designed or intended or for which either land above the finished grade. or a structure is or may be used,occupied or maintained. (c) Swimming pools, tennis courts and other USE, ACCESSORY—A use customarily incidental and subordinate to the main use on a lot, whether such similar structures. accessory use is conducted in a principal or accessory (2) The term"building area"shall exclude the following: building. WIRELESS COMMUNICATION FACILITY— Any unstaffed facility for the transmission and/or reception of wireless telecommunications services or other radio 10016 5-15-2000 10033 5-15-2000 • § 100-13 SOUTHOLD CODE § 100-13 (4) A street shown on the Town Official Map. STREET LINE— The dividing line between a lot and a street. STRUCTURAL ALTERATION— Any change in the supporting members of a building, such as beams, columns,girders,footings,foundations or bearing walls. STRUCTURE— An assembly of materials, forming a construction framed of component structural parts for occupancy or use,including buildings. [Added 12-8-1998 by L.L.No.27-1998] SWIMMING POOL— A structure containing an artificial body of water which is greater than six feet long or wide and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45° shall not be included in this • definition. TELECOMMUNICATION TOWER — A telecommunication tower is a type of wireless communication facility designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting tower, guy-wire support tower and other similar structures. A wireless communication facility attached to an existing building or structure shall be excluded from this definition. [Added 11-12-1997 by L.L.No.26-1997] TOURIST CAMP— Any lot, piece or parcel of ground where two or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located,said camp being,operated for or without compensation.2 TOURIST COTTAGE—A detached building having less than 350 square feet of cross-sectional area, designed for 2 Editor's Note:See also Ch.88,Tourist and Trailer Camps. 10032 s-15-99 • • r TRANSMISSION VERIFICATION REPORT r TIME : 05/02/2001 12:38 DATE,TIME 05/02 12:37 FAX NO./NAME 3695132 DURATION 00:01:33 PAGE(S) 03 RESULT OK MODE STANDARD ECM 5 \D\� 11 \ `v; ra O ' CHARLES R.CUDDY 1� { i ; ' 2 ATTORNEY AT LAW /, p� 445 GRIFFING AVENUE ✓ RIVERHEAD,NEW YORK Mailing Address. TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail. crcuddy@earthlink.net February 27 , 2001 HAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Ravitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at the westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill ' s consent, that this matter be adjourned 'to the March 15th meeting of the Board. Very truly yours, 0(4.47 Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg APPEALS BOARD MEMBERS r gfe % FFOL4 =, 1�����® ®G Southold Town Hall Gerard P Goehringer, Chairman .` ir, ��. 53095 Main Road James Dinizio, Jr. y - P.O. Box 1179 Lydia A. Tortora • % y;,.' �t Southold, New York 11971 Lora S. Collins p-•0' ZBA Fax(631)765-9064 George Horning = 1 *.0"*., Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prep. 3/19/01 AGENDA SPECIAL MEETING THURSDAY,APRIL 19, 2001 6:30 p.m. I. STATE ENVIRONMENTAL DUALITY REVIEW\DECLARATION: Type II Category under SEORA Statewide List: II. PUBLIC HEARINGS: (Should your presentation be lengthy, please provide a written copy of your statements, which is made a permanent part of the record.) 7:00 p.m. Carryover hearing: • Appl. No. 4837 — H. CASITY: (Continued from 2/28; 3/15). This is a request for a Variance under Article XXIV, Section 100-239.4A.1 to locate an accessory swimming pool and hot tub construction at less than 100 feet from the bluff of the Long Island Sound; 1900 Hyatt Road, Southold; 50-1-3. III. DELIBERATIONS/DECISIONS (as deemed appropriate by Board): all pending applications. IV. RESOLUTIONS/UPDATES/REVIEWS: • 1. Resolution to Approve Minutes of the following Meeting(s): 2. Resolution. After discussion, review and updates on pending applications; Resolution confirming status and sending reply to applicant(s) or other action as deemed appropriate by the Board; also confirmation of the following calendars: May 3, 2001 — Regular Meeting and Public Hearings; deliberations/decisions/resolutions. V. EXECUTIVE SESSION (if any). ! APPEALS BOARD MEMBERS ,�� SQFFO`/r ��i�p eek Southold Town Hall Gerard Goehringer, Chairman �� i : James Dinizio, Jr.P. • 53095 Main Road `y �A� P.O. Box 1179 Lydia A. Tortora PPI'$ Southold, New York 11971 Lora S. Collins _l' ���_. ® ZBA Fax(631)765-9064 ' George Horning =- 1%*.' � Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 19, 2001 To: Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Ciarelli & Dempsey, Esqs. 737 Roanoke Ave. P.O. Box 488 Riverhead, NY 11901 Re: April 19, 2001 Hearing - Appl. No. 4839 (Cashy/Misthos) Dear Sir or Madam: As a follow-up to my communications dated March 14, 2001 and the public hearing held March 15, 2001, this will confirm that the hearing has been extended as requested regarding the above application, for a continuation on April 19, 2001 at the Southold Town Hall, 53095 Main Road, Southold, New York. The hearing time has been scheduled for 7:00 p.m. Thank you. Sincee-eiy yours f,. GERARD P. e - ,' GE- CH A AN 0dl/ 3//5/Ol al'h--9 ZONING BOARD OF APPEALS G� TOWN OF SOUTHOLD X In the Matter of the Application of Appeal No 4837 H. Cashy/M. Misthos X The applicants request a variance to construct a swimming pool and brick patio which extend 26 feet into the 100 foot setback from the bluff area. The application before this Board is grounded in the provision of the Town Code that permits accessory uses, including swimming pools (Town Code § 100-31(C)(4). Swimming pools are thus recognized as customary and incidental uses to residences. Contrary to contentions made on behalf of the neighbors Butz-Ravitch, the basis is not mere convenience and the standard is not practical difficulty as set forth in the cases referred to and annexed to the memorandum submitted on behalf of Butz-Ravitch. It may and should be argued that a variance seeking relief from the bluff restrictions (§100-239.4(A).1) is a unique variance. It is not simply a set back or area variance based on the bulk schedule, rather it is founded on a specific section of the Code. There may be other criteria for evaluation but as recognized by the parties appearing, both pro and con, bluff stabilization and drainage are central factors. The Board itself recognizes the stabilization issue by engaging the Suffolk County Soil and Water Conservation District to review the integrity of the bluff in connection with each application. If also viewed as a traditional area variance then the factors to be considered must include the balancing test- not practical difficulties. (Town Law §267-b) This was set forth by the Court of Appeals in Sesso v. Osgood 86 N.Y. 2nd 374, 633 N Y.S.2nd 254 (1995). It is submitted that cases relying on•the practical difficulty standard are not on point Moreover, the cases cited stand for the proposition, which is a standard in Article 78 proceedings, that the courts will not set aside a determination supported by substantial evidence. The cases denied a variance. Conversely, decisions approving a variance supported by substantial evidence are sustained. In applying the balancing test to the Cashy application there is minimal detriment to the health, safety and welfare of the neighborhood or community. (1) There will not be an undesirable change in the character of the area by locating a swimming pool 74 feet from the top of the bluff. Swimming pools and decks have received variance approval from this Board without changing or adversely affecting the community. To assure that the pool will have minimal affect on nearby properties the applicant has employed engineers to remedy any drainage problems, has moved the hot tub and pool, engaged an acoustical engineer and hired a landscaper to install a buffer of shrubs and trees. It should also be noted that the swimming pool is open for use only 3 months of the year. Not parenthetically, the homes on the adjoining lots extend farther into the bluff area than will the Cashy/Misthos pool. (2) The location of applicant's house, the placement of which was dictated by the Suffolk County Department of Health Services requirements for the distance between wells and cesspools, does not permit the applicant any alternative but to place a significant part of the pool and patio in the bluff area (3) The variance requested is 26 feet or 26% . The Zoning Board has frequently granted variances of at least 30% and also granted variances where the structure to be 2 'Y • v , constructed was closer to the top of the bluff (4) By carefully considering drainage concerns, agreeing to install sufficient catch basins and to have the project monitored by its engineer, the applicant has actually eliminated the problem of rain water run off. The movement of the pool and hot tub, as well as installation of additional landscaping, should eliminate adverse physical or environmental impact. (5) This is not a case of self created hardship. Based on Health Department requirements the house was located near the bluff set back line The set back problem was not voluntarily created by the applicant. Here the Cashy/Misthos application requests that a swimming pool and patio be constructed to complement their home. They will expend effort and resources to reduce any negative impact this will have on their neighbors including additional landscaping and drainage. While respecting the sensitivity of their neighbors, the uses of the Cashy/Misthos property intermittently over a 3 month period for family swimming cannot and do not create any greater noise problem than other play activities of children or of their parents. Despite protest to the contrary the real opposition to the pool is the Butz-Ravitch claim that during some period in the summer months the tranquility they cherish will be disturbed. The attempt to stop the Cashy family from enjoying their property is, in reality, subjecting the Cashy's to the Butz-Ravitch standards for seclusion and apparently a cloistered setting Although on a lot with virtually no side yard, their house was erected in the bluff area and purchased after the Cashy's constructed their home. They seek to impose a structured lifestyle on their neighbor and prevent their neighbor from making use of their site as many others do on the pretext that the swimming pool will cause undue noise. 3 The evidence and everyday experience does not support the Butz-Ravitch claims. Noise is not amplified by the swimming pool or greater than in any other ambient activity The applicants have re-located the hot tub, moved the pool, added landscaping and through its engineers have assured the Board that drainage will not be a problem. The applicants have agreed to employ their engineers during the construction process to certify the absence of a drainage problem to the building department at the conclusion of construction. Based on the mitigation measures, the response to neighbors' concerns, the stabilization of the bluff and employing the balancing standards, the application should be approved. Dated: March 15, 2001 Respectfully submitted, Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 4 FEB-23-01 21"31 FROM: P ID: PAGE 4/5 f�Q George K.Penesis,P.E. (j°E 33-41 149th Place 1 I� Flushing,NY 11354 718-886-3239(Home) EMPLOYMENT HISTORY Noise,Air,Water Quality,Transportation/Traffic Analyst 4/94-Present Konheim&Ketcham,Brooklyn,NY Highway noise analyses using STAMINA 2.0/OPTIMA and TNM.Perform measurements,computer modeling of community noise levels and noise barrier design. Mobile source air quality analyses using Cal3QHC and stationary source analyses using ISC.Traffic analysis using HCM,signal optimization using Synchro,microscopic simulation using SimTraffic and CORSIM,planning studies using TRANPLAN,high accident location analysis. Demographic studies using Mapinfo,familiar with TransCad and ArcView. Surface and ground water analysis,Toler method for impacts of de-icing salts.Part of a team that created a WEB site to increase public participation in the transportation planning pi ocess. Maintain office network 15 computers,provide computer support for all staff and share responsibility for the purchase of new software/hardware. Air/Water Quality Analyst&GIS Manager 10/92-4/94 McKeown&Franz Inc.,NY,NY Responsible for computer-based analyses,including mobile and stationary source air quality impacts, groundwater modeling,and computer mapping.Extensive experience using MOBILE,CAL3QHC. Modeled the dispersion of emissions from a medical waste incinerator using ISC dispersion modeling software. Responsible for all aspects of computer aided design(CAD)drawings for mobile and stationary source analyses and for documentation of the analyses for regulatory review. Investigated emerging environmental technologies for potential investors. Adjunct Lecturer 9/92-5/95 New York University Taught Calculus,Algebra&Trigonometry,Math 1 &2 and Math Stategk.s to adult students in the School of Continuing Education. Used the Internet and mathematics software to enhance the standard curriculum. EDUCATION The Cooper Union for the Advancement of Science and Art Master of Mechanical Engineering May. 1993 Graduate GPA 3.7/4.0 Bachelor of Mechanical Engineering May, 1991 Cumulative GPA 3.2/4.0 Major GPA 3.2/4.0 LICEN$URES AND CERTIFICATIONS Licensed Professional Engineer in New York State Completed PTA Training Course on Transit Noise and Vibration Impact Assessment Completed Advanced Mapinfo Workshop MEMBERSHIPS National Society of Professional Engineers TRB Committee on Transportation Noise and Vibration Institute of Noise Control Engineers COMPUTER/MODELING SKILLS Traffic Engineering/Planning—HCM,Synchro/SimTraffic,CORSIM,TRANPLAN Noise Analysis-STAMINA 2.0,TNM Air Quality Modeling-MOBILE 5b,CAL3QHC,ISC . Groundwater Quality Modeling-MODI LOW,RANDOM WALK GIS-Mapinfo,ArcView,Maptitude,TransCad CAD-AutoCAD 2000(proficient),MicroStation(familiar) FEB-23-01 21 . 31 FROM. ID. PAGE 5/5 . Detaked project experienc Noise Analysis: • LIE Exit 63-67 (5 miles),Suffolk County,NY Noise measurements(20 sites),computer modeling of existing and future noise levels and noise barrier design. ▪ Route 112 reconstruction(1.5 miles),Suffolk County,NY Noise measurements(15 sites)and computer modeling of existing and future noise levels. Shore Parkway Improvement Study,Brooklyn,NY:Noise measurements(10 sites)and computer modeling of existing and future noise levels_ • Route 25 Reconstruction(3 miles),Suffolk County,NY. Noise measurements(16 sites)and computer modeling of existing and future noise levels. ▪ Hutchinson River Parkway Design Study,Westchester County,NY. Noise measurements for a 3- mile improvement project. ▪ West Hills II Development Noise Mitigation,Suffolk County. Assistance on the design of a noise barrier to reduce the impacts of highway noise on a residential development. • New York Helicopter Noise Coalition. Measurement and analysis of community noise impacts from commercial helicopter operations. Acoustics Research: • Investigation of the feasibility of pyrotechnic shock simulation using air guns. (Master's Thesis) Mr quality analysis for mobile source networks: • Route 25 Reconstruction,Suffolk County,NY. Microscale air gaiality analysis following NYSDOT procedures. Selection of intersections to be modeled,selection of emission factors,dispersion modeling for CO impacts at two intersections. • Route 112 Reconstruction,Suffolk County,NY.CO Dispersion modeling at one intersection. • Cross Bronx Expressway,Bronx,NY. Air quality analysis for evaluation of CO impacts,both within a tunnel,and on a network of street-Ievel receptors. Performed research and developed methodologies for estimating CO concentration within the roadway mixing zone and the amount of pollutant recirculation between adjacent tunnel portals. • Nicholls Plaza Carrefour Development DEIS,Brookhaven,NY. Analysis including carbon monoxide(CO)impacts on 8 receptors and 33 links. • Verrazano Narrows Bridge One-Way Toll Study,Staten Island and Brooklyn,NY. Air quality impacts on 13 receptors and 55 links. Stationary Source Air Analysis: • Roswell Park Cancer Center Incinerator,Buffalo,NY. Stack height determination using ISC2 dispersion modeling software;pollutant impacts analysis over a complex network of receptors. Transportation Planning/Traffic Analysis • FHWA Smart Growth Case Studies Project-For the Federal Highway Administration,reviewed growth management practices employed by MPOs nationwide. Selected three locations to be the subject of case studies detailing the techniques used to quantify the benefits of their growth management programs. • Grand Central Parkway/BQE Connectors,Queens,NY. CORS IM traffic simulation of two-mile segment of Grand Central Parkway. Calibration of existing conditions model,testing of roadway and signal timing modifications to reduce congestion and improve safety. • Triboro Bridge Toll Plaza Redesign,NY,NY. Determine impact on toll revenues of toll plaza redesign,phased construction,addition of new ramps to Randall's Island,expansion of Randall's Island sports activities.Helped to develop traffic assignments,ba lanced networks,created spreadsheet for estimating energy and air quality impacts of proposed changes. • High Accident Locations,NY,NY.Creating accident database and collision diagrams for about 3,000 accidents at eight separate locations,identifying non-standard geometric features and relating them to accident patterns, making recommendations for safety improvements. • Queens Boulevard Bridge Reconstruction,NY,NY TRANPLAN was used to estimate diversion of traffic that would result from closing one lane of the QBB for reconstruction. I assisted in the plausibility analysis of the results produced by TRANPLAN_ • Presbyterian Hospital Expansion,NY,NY.Reduce traffic data collected at nine intersections, balance traffic networks,perform HCM and Synchro/SimTraffic runs to evaluate project impacts, design traffic mitigation measures.Develop maps of on and off street parking. Analyze origin and destination patterns using GIS(Mapinfo). Groundwater Quality Analysis: Nicholls Plaza Carrefour Development DEIS,Brookhaven,NY. Groundwater quality analysis requiring a detailed source inventory,as well as execution and interpretation of the model calculations (MODFLOW and RANDOM WALK computer models). • Route 112 reconstruction,Suffolk County,NY Toler method for impacts of de-icing salts,PIMA model for effects of auto emissions on surface water and groundwater and federal sole source aquifer analysis. FEB-23-01 21-30 FROM: ID: - PAGE 2/5 My name is George Penesis,P_1✓_, and I am an expert consultant on environmental acoustics, a licensed professional engineer and a member of i he Institute of Noise Control Engineering. I have conducted several noise analyses to assess the impacts of highway traffic noise and designed noise barriers for impact mitigation_ I have also measured helicopter noise at a Manhattan heliport. My Master's Degree thesis was in acoustics research. My curriculum vitae is attached. I have reviewed Mr.Paciulli's testimony with regard to the Cashy variance and have the following comments_ Testimony Excerpt#1 "If you can understand that all sides of this property are now enclosed, two by semi, semi-absorptive sides-it's the natural bluffs to the northward and to the east of the property." Response to Excerpt#1 It is reasonable to think that the"natural bluffs"would be more than semi-absorptive,if their surface is covered with soil and/or vegetation. They would be very absorptive_ Testimony Excerpt#2 "However,you're going to be installing one that is not going to be of use to sound absorption at all which will be the water, OK, sound moves across water extraordinarily quickly_ It actually tends to accelerate sound pressure due to the nature of you know the phenomenum [sic] of the water itself." Response to Excerpt#2 Sound does not move across water quickly. Sound moves through water faster than it does through air. According to Cowan's Handbook of Environmental Acousticsi,the speed of sound, at 70 degrees F,is 1,128 ft/sec in air and 4,920 ft/sec in sea water_ Water does not"accelerate sound pressure". If the intended meaning was intensify pressure,no medium which is passive,i.e. does not supply energy to the sound that is passing through it,can intensify the pressure of the sound passing through it. The"most the medium can do"is allow the sound to pass through it unattenuated. Similarly,no passive surface(water, wood,metal) can intensify sound by reflecting it. The "most it can do" is reflect the sound without attenuating it. Handbook of Environimental Acoustics,James P.Cowan,Van Nostrani t Reinhold,New York, 1994 Table 1-1 on page 8. FEB-23-01 21 : 30 FROM: ID: - PAGE 3/5 u • , :4 1 Testimony Excerpt#3 "So you're creating a bowl more or less of collection,of sound collection and the only place it really has to go is the place of least resistance which is the lowest elevation.__" Response to Excerpt#3 The implication that the sound will be collected in a bowl and"spill"down to the lowest elevation,in the way that water might,is wrong. Sound waves are not influenced by gravity in the way that is implied. General comments on Mr.John Paciulli's testimony and Curriculum Vitae Mr. Paciulli's testimony does not quantify the noise impacts that are alleged. Without calculation of the noise levels that are likely to result from the proposed activity, and comparison of these levels with existing noise standards and ordinances, it is not possible to state conclusively what the noise impact of the proposed action will be. In order to quantify any potential impact,ambient noise leve I s should be measured and the noise characteristics of any equipment, such as pumps,that are proposed for use with the pool should be obtained from the manufacturer. With regard to noise generated by • people congregating at the pool or hot tub, it is difficult to say what this noise level will be since it depends on the behavior of the people. The distance between the pool/hot tub and the noise receptor is also an important factor. Based on his CV,it appears that Mr. Paciulli has considerable experience in lead-based paint and asbestos inspection. His CV does not,however,document extensive experience in the field of noise analysis and control. In the section titled"Pertinent Experience",it is stated that Mr. Paciulli"has been retained to conduct sound pressure level audits"and"has been qualified for testimonial [sic] as an expert in the field of environmental hazard noise pollution and control". However,no further proof of his knowledge or experience in noise analysis and control is provided. _ \ 1 �\ AFFIDAVIT HARRY CASHY, being duly sworn, deposes and says : 1 . With my wife, Maria Misthos, I own a home at 1900 Hyatt Road, Southold; 2 . We have made an application to permit us to construct a swimming pool and patio which will extend to the bluff area; 3 . The swimming pool is an integral part of our use of our home during the summertime and it will permit my wife, my children and myself to use and enjoy our home; further, it will permit our family to have recreational use of our parcel during the summer months . It will allow us to be together with our children. We have engaged engineers, landscape designers and other consultants to ensure that the swimming pool is properly constructed to have a minimal adverse impact on our neighbors . We respectfully request that our app/ pp ,cation be granted. At Hai y Cashy Sworn to before me this J '\day of March, 2001 . 416WY2 di. 9asje . SW,. 01906o72z7hf/ tLQc- Not a r, �i �,. u+diugu t 24,2.42-a 01,0a12001 15:00 53135- 90 CHARLES R CUDDY PAGE 02/0 0 3bity 4E1_ A TIDAVIT ROBERT SCALIA, being duly sworn, deposes and say's: That 1 am a licensed real estate broker and own and operate Century 21 Albertson Realty in the Town of Southold. I airy familiar with the marketing and sale of residential property and have been involved with literally hundreds of sales of homes throughout the Town of Southold. Many of the homes which I have sold have swimming pools. 's a.ny other homes that I have sold have been located next to parcels which have swimming pools . The fact that a swimming pool has been constructed at a home does not adversely affect the market value of a home on adjoining property_ In particular, I am aware that the home on the west side of the `;.ashy parcel is close to the property line and that the Cashy pool and. adj acen.t . patio will extend into the bluff area. Based upon my experience ;in the sale of residential parcels with a pool , on the adjoining parcel, the presence of )f-he swimmifig pool and patio at the Cashy residence will not adversely aff`/eot the market value of the Butz and Ravitch home._/1_,A6, __hj . r' r / Robe fT Se6aiia Sworn to before me this i day ' of January, 2001. —747______ ., `/ K4) / , . , . , . . . , , I�Otary, , .. - .,.• EDWINA U CALI.EN, Notary Public State of=New York' - • - No,4991462 Qualified m Suffolk Cou Commission Expires February 3, CU;kJ4 2F9:JL Lb: al 63136`- '80 CHARLES R CUDL1V PALiE K12/U { AFFIDAVIT ROBERT SCALIA, being duly sworn, deposes and says: That I am a licensed real estate broker and own and operate Century 21 Albertson Realty in the Town of Southold. I am familiar with the marketing and sale of residential property and have been involved with literally hundreds of sales of homes throughout the Town of Southold. Many of the homes which I have sold have swimming pools. Many other homes that I have sold have bean located next to parcel.. which have swimming pools _ The fact that a swimming pool has been constructed at a home does not adversely affect the market value of a home on adjoining property. In particular, I am aware that the home on the west side of the Cashy parcel is close to the property line and that the Cashy pool and. adjacent patio will extend into the bluff area.. Based upon my experience in the sale of residential parcels with a pool on the adjoining parcel, the presence of ,the swimm' ig pool and 2 • will not advar patio at the Cashy residence ely of_ the market value of the Butz and Rav itch home. 1�.Ii- / ...16‘___ ,oberr, £alia Sworn to before me this t day of January, 2001. ..._j.-____:___ - • Notary; ubiic ., , -' EDWINA L CALLE,N; Notary Public,State of New York No.4991462 Qualified in Suffolk Coot" �� Commission Expires February 3, . kJlr LI+-1+`AIe71 lb:FIM 6:i1�b`� CHARLES F: 011)U'r 1110F'�",inE G�li N:i AFFIDAVIT ROBERT SCALIA, being duly sworn, deposes and says: That I am a licensed real estate broker and own and operate Century 21 Albertson Realty in the Town of Southold. I am familiar with the marketing and sale of residential property and have been involved with literally hundreds of sales of homes throughout the Town of Southold. Many of the homes which I have sole have swimming pools. Many other homes that I have sold have been located next to parcels which have swimming pools . The fact that a swimming pool has been constructed at a home does not adversely affect the market value of a home on adjoining property. In particular, I am aware that the home on the west side of the Cashy parcel is close to the property line and that the Cashy pool arid, adjacent patio will extend into the bluff area. Based upon my experience in the sale of residential parcels with a pool on the adjoining parcel, the presence of ;she swimm' g pool and patio at the Cashy residence will not acre ely affe ,. the market value of the Butz and Ravitch home. :/ z' ii„,/,i ./ 4de„..._ ✓ C.01.._ 7 Fober,, alis Sworn to before me thistday of January, 2001. ,...,/ _____‘/ . . „ i o,tary uhlic MAMMAL CALLENy , Notary Public,State()New York' ' No.4991462 Qualified in Suffolk Coup,��� Commission Expires February 3, • ''' FFO` 1111 APPEALS BOARD MEMBERS �,�� V r' \s 00Southold Town Hall Gerard P Goehringer, Chairman ��_ : 53095 Main Road James Dinizio,Jr. P.O. Box 1179 Lydia A.Tortora ; • 0 Southold, New York 11971 Lora S. Collins °j'*/ x, ®�/ ZBA Fax(631) 765-9064 George Horning �= •�l $-.1'. Telephone (631) 765-1809 ��.. .0° BOARD OF APPEALS TOWN OF SOUTHOLD March 14, 2001 By Fax Transmission 369-5132 • John L. Ciarelli, Esq. Ciarelli&Dempsey 737 Roanoke Avenue P.O. Box 488 Riverhead, NY 11901 Re: Appl. No. 4837—Cashy Application Dear Mr. Ciarelli: This will confirm that the public hearing will continue as scheduled for the ZBA's March 15, 2001 meeting in order to receive testimony from all persons appearing at that time. It is recommended that your office representative also attend the hearing, which has been calendared to begin at 7:50 p.m., or as soon thereafter is possible. After receiving testimony from persons appearing at that time, the Board will consider your request for additional time. It is possible that additional time will be extended to the April Meeting to receive final documentation and testimony, either orally or in writing. Very truly y. " , Gerard P. oehringer Chairman cc: Charles R Cuddy, Esq. T 1 RANSMISSION VERIFICATION REP , TIME : 03/15/2001 15: 02 DATE,TIME 03/15 15:01 FAX NO./NAME 3695132 DURATION 00:00:30 PAGE(S) 01 RESULT OK MODE STANDARD ECM n 0 TRANSMISSION VERIFICATION REP TIME : 03/15/2001 14: 59 DATE,TIME 03/15 14:59 FAX NO./NAME 3699680 DURATION 00:00: 31 PAGE(S) 01 k RESULT OK MODE STANDARD ECM 03-12-01 13: 10 CI ARELL IDEMPSEY ID=6316 47633 P01/03 CIARELLI &DEMPSEY 737 Roanoke Avenue P.O. Box 488 Riverhead, NY 11901 (631) 369-5100 Fax (631) 369-5132 TELECOMMUNICATION COVER SHEET DATE: r TO: oh' rI oa.v. o t fte �.� .e.,-...„4„4„.. a FAX NO. (6 5)) 7b — 9%4 FROM: z, ir' 2 J cE RE: ZA _ 01- 4 C () NUMBER OF PAGES INCLUDING THIS ONE: - If you have any problems with this telecommunication,please call us immediately at(631)369-5100. COMMENTS: ' The information contained in this facsimile message is attorney-privileged and confidential information intended only for the use of the individual or entity named above, if the reader of this message 3s not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, disclosure or copying of this communication is strictly prohibited.' If you have received this communication in error,please immediately notify us by telephone and return the original message to us via the U.S. Postal Service. APPEALS BOARD MEMBERS fib' ,,�'���FF04 ���00 x..-„; - `'®G Southold Town Hall Gerard P. Goehringer, Chairman �'_ • y.04: 53095 Main Road James Dinizio,Jr. ; :x i P.O. Box 1179 Lydia A.Tortora ;:` ��� Southold, New York 11971 Lora S. Collins �' 4 0' ��� ZBA Fax(631) 765-9064 George Horning '�ol HJig *•111. Telephone (631) 765-1809 -00 BOARD OF APPEALS TOWN OF SOUTHOLD March 2, 2001 To: Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Anthony B. Tohill, P.C. 12 First St. P.O. Box 1440 Riverhead, NY 11901 Re: Appi. No. 4837 — Cashy Application Gentlemen: This will confirm that the hearing regarding the above variance application has been recessed as requested to the Board's March 15, 2001 T” ' e`-iearing is calendared for 7:50 p.m. and will take place at the Southold Town Hall, 53095 Main Road, Southold. Sincerely yours, GERARD P. GOEHRINGER CHAIRMAN 03/14/2001 12:33 6313 i80 CHARLES R CUD PAGE 01/01 5../k;IVq CHARLES .CUDDY A7TCRNI;Y AT LAW• 445 C RI FFING AV'TN L"6 RIVaHEAD,NZW YORK M a;lix AsItlies: TEL (G31)369-13200 O0 P.O.Box 1547 FAX: (631)369-980 Riverhead,NY 11901rcv(140eartill ink..net March 14, 2001 Via Fax: 309-8132l; 7�- f i /�` 1 John L. Ciarelli, Esq. • 1i 1'1 Ciarelli & Dempseyi PO Box 488 Ij I MAR 4 200( €� ��i Riverhead, NY 11901 - 1.L__/: f:t i Re: Boning Board of Appeals/Cashy _ M__ _",•� --- ,.•� _� 1900 Hyatt Road, Southold Dear Mr. Ciarelli: received your letter of March 12, 2001, requesting an adjournment of the above application which is on the Zoning Board of Appeal's calendar for March 15, 2001. I have regularly made an attempt to honor requests from other attorneys, however, in this instance I cannot consent to the adj ournment. This matter has been adjourned previously and was scheduled to be heard as recently as two weeks ago. It was then adjourned with the expectation that the objectants, you now represent, would settle their dispute. This has not occurred and the applicants wish to proceed at the hearing on March 15, 2001. Very truly yours, Charles R. Cuddy CRC/pc cc: Zoning Board of Appeals 03-12-01 13: 10 CIARELLIDEMPSEY ID=6316947633 P02%03 5 x'3�l3 CIARELLI & DEMPSEY ATTORNEYS AT LAW TORN L CTARF.U.T FAT(691)369-51.32 PATRICIA A.DEMFSEY 737 ROANOKE AVENUE P.O.SOX 488 RIVERHEAD,NEW YORK 11901 EDWARD T.MC.IN7YRR OF COUNSEL (631) 369-5100 March 12, 2001 VIA FACSIMILE1631)765-9064 Zoning Board of Appeals Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 Attention: Linda Kowalski, Secretary of Board Re: BZA Application of H. Cashy/M. Misthos Appeal No.4837 Out Clients: Mary Butz and Diane Ravitch Dear Ms. Kowalski: Please be advised, we have only now been retained to represent our clients' interests in this pending application based on their neighboring property's location, to the immediate east of the Subject Premises. The change in attorney was necessitated to insure our clients' representation at the next hearing on the application. At this point,we have just today received our clients' former counsel's file, based on which we can determine if we need to review the board's file, as well as other records of the Town. At this pont, we are very interested in learning if the Town maintains; 1) aerial photographs. of this area; and 2) records of other swimming pools in the area of the bluffs, and if so, reviewing same. At this late day we would need an adjournment of the next public hearing scheduled for March 15, 2001. An adjournment would not prejudice the applicant since there has been little or no activity on this application since October 19, 2000, the date of the last hearing. We will be requesting this adjournment at the hearing unless it can be considered by the Board in advance of Thursday's meeting. We would respectfully ask that this request be considered as soon as possible. 03-12-01 13: 11 CIARELLIDEMPSE7 ID=6316547633 P03/03 i CIARELLI 8 DEMPStT Attorneys at Law Please advise. Thank you for your consideration of this matter. You s truly, '...--'" i b (ijat. - L JOHN L. CIARELLI JLC/tr Z01.-. AG BOARD OF APPEaLS TOWN OF SOUTHOLD ( 631 ) 765 - 1809 FAX ( 631 ) 765 - 9064 53095 MAIN ROAD SOUTHOLD , NY 11971 - 0959 FACSIMILE TRANSMITTAL SHEET TO: FROM: ZBA OFFICE STAFF 765-1809 COMPANY: DATE: t FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 049 %° IP PHONE NUMBER: RE: ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY❑ PLEASE RECYCLE NOTES/COMMENTS: ,/ e ,egy 2,,e5/4 1 J, RANSMISSION VERIFICATION REPORT TIME : 03/12/2001 15: 55 DATE,TIME 03/12 15: 54 FAX NO. /NAME 3699080 DURATION 00:01: 07 PAGE(S) 03 RESULT OK MODE STANDARD ECM Pi !t CHARLES R.CUDDY I " f' 2 7 r 2 f I ATTORNEY AT LAW aL 1 /` 445 GRIFFING AVENUE RIVERHEAD,NEW YORK . Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net February 27 , 2001 BAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Ravitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at the westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill's consent, that this matter be adjourned 'to the March 15th meeting of the Board. Very truly yours, (2-4-a/r Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg ({" 1 �4! CHARLES R.CUDDY # '°1 il ( FEB 27r: ATTORNEY AT L AW 445 GRIPPING AVENUE RIVERHEAD,NEW YORK m Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net February 27 , 2001 HAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Ravitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at the westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill 's consent, that this matter be adjourned 'to • the March 15th meeting of the Board. Very truly yours, Calt—Ler Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg .. F I••04/64 i ‘....) 7 i \ / 4 Co • 4044 , A_ / , <0 % '28•00, OPOCitiND / *41 . 0* / Co 0 4, P,:6, ivc. 4104! . .77 ‘P:z. 44/..9 / / / ', cV / '' V .,• • ,1:5 . . ' / 0 ;-$ \ I r.z. / 41 I I .2 I I / / , 1 , ,\, c, • •P --A / / //e/// / / / / / / 1 / / / / 1 /7&) '`q) _82 •,40 4 r4 7 4 c / f i / / / //,/ 1 //// / / / / / lip?? 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O 4 .t, 2 ' •, 43&)(\i'v0v (o/ 'T•siiE.4c Nip,.,,,,, --_,_ _ ____ -..-i r 1,% Ac " ..„---_\ \ 4, 4,. c, :. 4 _ .1.. :. c,3cv N./.....__-.4,...,4, 0.t7,94ke, ,r; --- ..-4(11 /0'0- &; ciA, iu49 6•4 .....//9.8. --, .cik. z, 7,? • . • • / v 4 • ____---,/ , "- • 36 Z /A . /4, cv,. en?, .0, 6,,e 4 a cc, a' ---- 43.4. - ...6. „..........6, / x Atot;........._ IF %• # 4 it ---.---.. w.2-, 0 I 6e‘-`° / / *--,',0 s-1*s --- if‘ ' • --It. ; 1,\, * /R. 0, 14- • ...t API*6- .- c?-7, • (.0"- 00,0 0441 _ ,---'; . / ''''.F A,r4st- .4,,, 44, 4 . 4 • \ • ------..'s,3. , cv - ' .• Ckz: • f BELGIUM BLOCK OU z "--5-„te ` -• 36. a 411 4'CESSPO8L (DIxcc, Re s97,Pivel e c3 4'Z 'i'lf"6 -'"Ia'")?/ x.3,6? .4., f to 1 " v - • 2 __ ' '. .....P_4 tii, "*--..11,,,,,,, i7.0pdt -..---- .4, . z'.‘ --, ----,... 0,, . --.4 01*11A .....••• 4 •I\ 4 4 1,•••••. • 4 . — 0 4! 4. •. - . / a- I § e 4,• 01.0?6, _-....,.511 ., ikti 47 , . .... cli 1$7441— 4-0;01 '— 44;'' ' • 1..4 ' ,•1 "/ 'T . 4, • .. k g , 0 0 44 lf, - •<, 41 :. . o , . • - -• . E., , , 4, .6. i . , , 4 3 c.'. ,4 ' . /9'. , / .. 4 cl - 4/7 „, .. 555 4A •, ; • (.60 / 0 , I tf) 4-• , ..) •Q . .,_ • , . ,. ,.. , • , ; r 44?4'a 41;•, 464 ce• .0 C.F..- 0„‹-eo -9?., i 44,. 45'4 4DY., i MAP OF PROPERTY o?au A .. 7) SITUATED AT , i.,„- .. . 4 . • j , .. . 1 HORTON POINT I TOWN OF SOUTHOLD , c 1 IFFY) ! v rni 1 NTY N FW YnPV L \ n .1 5{1! f j I IT -----:-'---L-------1--,—: LLL.a \\,, � _ ` CHARLES R.CUDDY 1} EBilti f ' J ATTORNEY AT LAW 'l •, / /,` 445 GRI FFI NG AVENUE �` ! �� RIVERHEAD,NEW YORK ,�_. / Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail. crcuddy@earthlink.net February 27 , 2001 HAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Rilvitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at tie westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill 's consent, that this matter be adjourned to the March 15th meeting of the Board. VeryCe2 truly yours, 4,Gg-�" l Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg 12/06/2009 10:20 63136 CHARLES R CU' Dv. PAGE 01101 vo/ e CHARLES R. CUDDY Attorney at. Law • 445 Griffing Avenue Riverhead, New York 11901 Tel #631-369-8200 Fax , 6'31 69 080.�7 TO: Zoning Board of Appeals _© ���'--._ l�\y/7 Fax #: 765-9064 - DEC ' 6 L��Q � IIII �t ! Total Number of pages including cover sheet: I --' If transmission is faulty or incomplete, please inform us as soon as possible. Operator: Catherine Date: December 6, 2000 • COMMENTS: Re: easily - ZEA - Southold Through their attorneys, the parties have not been able to get together because of serioue scheduling difficulties. We anticipate meeting shortly. However, upon consent, we request that this matter be rescheduled to the Board's meeting in January. Charles R. Cuddy This fax transmission together with materials following are intended for the person or persons named hereon and are considered confidential information. It you have received this transmission in error, you are directed to return these materials immediately by regular mail to the sender at the above address. Postage incurred for the return will be paid by this firm. v+.+rr i=�rtr:_": _ '� �---. :..,:. �s.,+�.l..xizsos,.wn.a3+..,. -,...e+z� .� _.v..,,,.::vts.._;,=.-fir.�s.:.., -•, hc.._ `.rac;.. :...v;.:" ..<�_ .. _......� " - .. i_ :::_i-..:�.-rte :ctiJ ic. APPEALS BOARD MEMBERSSVFFO(4-- - Southold Town Hall Gerard P. Goehringer,Chairman 01.% Gym? 53095 Main Road James Dinizio,Jr. y = P.O. Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S. Collins / ZBA Fax(516)765-9064 �^ George Homing VT/s00 Telephone(516)765-1809 evi BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 18, 1999 • Appl. No. 4733 -VITO &JULIE CARNAVALE 1000-50-1-7 STREET&LOCATION: 1500 Hyatt(Private) Road, Southold DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 40,894.89 sq. ft. in area with 104.12 ft. frontage along Hyatt Road at Horton's Point, Southold. The lot is improved with a single-family, two-story frame house and wood platform-stairs leading to the L.I. Sound as shown on the survey updated by Joseph A. Ingegno on May 11, 1999. BASIS OF APPLICATION: Building Inspector's July 7, 1999 Notice of Disapproval citing' Article XXIII, Section 100-239.4A of the Zoning Code with respect to a proposed six ft. extension for a porch at the west side of the dwelling with views of the L.I. Sound. The Zoning Code requires a minimum 100 ft. setback from the top of the bluff. The applicant's existing setback is 31 feet at its • closest feet and a setback of 25 feet is proposed for the six-ft. porch extension. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 25 ft. setback from the top of the bluff (15 ft. from the Coastal Zone Hazard Line), for construction of a six (6) ft. extension for one-story height reconstruction (to allow a new enclosed porch at the west side of the dwelling). (No other areas are noted in the Notice of Disapproval, which is the basis of applicants'request.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the six ft. extension is proposed to be constructed over an existing concrete area, and limited to one-story height. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because a major part of the dwelling already exists within the 100 ft. setback range. 3. The requested area variance is not substantial. 4. No evidence has been submitted to show that the proposed deck extension would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or Page 2-August 18, 1999 i m ZBA Appl. No.4733-Vito and Julie Caavale Parcel 1000-50-1-7 at Southold '- !1 T if ln district(see recommendations of the Suffolk County Soil &Water Conservation District). 5. ffiht e . In considering cultythisas applicationnoben , the self-createdBoard deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new one-story porch, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED,to GRANT the variance, as applied for. 4 VOTE OF THE BOARD: AYES: MEMBERS GOEHRIi - R, D NI 0 0' LLINS AND HORNING. This Resolution was duly adopted (5-0 ;y / GERARD P. GOEHRI GER - 4 CHAIRMAN il For Filing about 8/24/99 - y 9 •1 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK t DATE 0-0/9Y HOUR /a ''60" 1 _____e+datta4efaile______ Town Clerk, Town of Southold , , S O 2 - ,._^ _�... - - _ „z„----_.„,�..r.n, "':.,.�:-re�,c^_„r-�,.:-..,,r„...,,._-.,-„,-n..4�:�:,:e��.�_ x�-_-:� ''r,+,1m-tr:.�i�t-y—':�-_ 3_- ----•<e:-": :1rM<r--_ 4 1 .,- --''' 0 6c }.5-r) . /6-oa HiNTT eo0 1 o ' L ell) // t, L a / ',, 1 i rAC‘ljaejle' ( Oktri9 1 I gq V5q- ( 5-ev vr,41) / ! 1- 1 . 1 / 1 L- 4 i 4 ,f, 1 I , w( I 1i (I I 'Iid- 3 7 e3 --".'".. ! I 7.1 PA/ A1 G ,, I r- i / / 2� i .. � i ' f f i5 rpm; "c04,41/ 1I ? 3/' 1101 , 37i _ Iii-. - - - • - - , * ,!� " ' -"' 'I'I II - i W C7"--- li f AUG -,9 k:Y :I ilj 2"' Sodn/.D :10.1 1, i :":"7._< <^_--- ,-....r. _ ."--: _;..w<+- ",-:.-.-»-. .Z.`.'S.! � ": .;i= .;�„r".:. ".:P."-c�s_ -4.4" ji'Sns;7--...._ >--... .. .�---isG�'a s.,T., E:c=.e.:u�..:.+X-�a::�.4.;m.�.vS+Ja�+Y',f.,. ..:._ifc tea:.:- ..5' r,.?e.aeG>`;ea-..i-. ,.:^';�;�,.,•;Z;"k2.:'__.`15 .,. _-:,v, »cyv.- .rte. -« 'ca..r - .n c. .. 3T.C.j,_.' . COUNTY OF SUFFOLK yS v�t�j'Y,L�yB ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (516)727-3160 (516)727-2315 Gerard P. Goehringer, Chairman l Southold Town Board of Appeals 5 (Y Southold Town Hall p 0 53095 Main Road i 0 Southold, NY 11971 • August 17, 1999 } Dear Mr. Goehringer: We have completed a site inspection of the parcel known as the Carnavale/ Porch Addition located at 1500 Hyatt Road in Southold. The bluff face is very heavily vegetated over the entire slope. At the toe of the bluff, there is no toe stabilization present and it appears that none is required, high tide does not appear to reach the toe. Most of the beach is gravel and numerous glacial erratics are present below the high tide line. No toe stabilization is present to either side of the subject property also. Land above the bluff face appears to slope away from the bluff. There is no evidence of overbank runoff. The house roof runoff is directed into downspouts that lead into drywells. The addition of a wrap around porch over the existing concrete patio will not increase the amount of runoff presently being discharged to the ground surface. Our only recommendation at this time would be to cut back or top the existing trees that ate on the bluff face. Sincerely, Paul TeNyenhuis, Senior District Technician, Suffolk County SWCD ' 4 RIVERHEAD COUNTY CENTER . 300 CENTER DRIVE, ROOM N-210 . RIVERHEAD, NY 11901 () S CLI .il31 ( --� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD I - y - x In the Matter of the Application • of Appeal No. 4837 H. CASHY/M. MISTHOS • x ANTHONY B. TOHILL, P.C. ATTORNEY AT LAW 12 FIRST STREET P.O. BOX 1330 RIVERHEAD, NEW YORK 11901 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Application of • Appeal No. 4837 ' H. CASHY/M. MISTHOS • x INTRODUCTION This memorandum is submitted by counsel for the westerly adjacent neighbors, Diane Ravitch and Mary Butz, who oppose this application to build a swimming pool, hot tub and patio within 74 feet of the bluff where Zoning Ordinance §100- 239 .4 (A) (1) requires a setback of 100 feet . BASIS OF OPPOSITION The proposed construction of the pool, hot tub and surrounding patio--given the existing narrow sideyard setbacks, • the existing sharp change of grade from 52 feet elevation on the east side of the proposed patio to less than 42 feet on the west side of the patio and the resulting need to build retaining walls to elevate the west side of the proposed construction--will allow the introduction of an undesirable in-your-face source of noise immediately adjacent the Ravitch-Butz residence. In addition, the construction will cause surface water runoff problems which-- r given the 34 foot elevation at the southeast corner of the Ravitch-Butz residence--means that the 16 foot change in grade from the east side of Cashy/Misthos to the east side of Ravitch- Butz will pitch water northwest of the pool patio which cannot be collected by the present drainage trap which will be at the west base of the proposed retaining wall . Persons using the hot tub and patio located about 30 feet from a bedroom in the Ravitch- Butz residence will--as a result of the retaining wall, fill and change in grade--be above any boundary vegetation, including any noise attenuating benefits of that vegetation. Because of the new drainage patterns to the northwest, there is a likely loss of existing bluff-stabilizing vegetation. THE APPLICABLE LEGAL STANDARDS An application for a swimming pool or a tennis court is not subject to the same standards on an area variance application as a residence. This was so before the New York Legislature codified the five statutory standards on July 1, 1992 and since. A swimming pool area variance application in particular requires 2 that the applicants demonstrate they cannot use their land for a home without coming into conflict with the 100 foot bluff setback requirement. A desire for a pool, in other words, is considered a "desire . . . of a personal nature, tenuously related to their r use of the property as a one-family residence" and does not form the basis of a practical difficulty. This is the express holding of the Second Department Appellate Division in Bienstock v. ZBA of Town of East Hampton, the text of which is annexed as Exhibit A. The holding in Bienstock was repeated in Delavore v. Scheyer, annexed as Exhibit B, and in Seumenicht v. ZBA of City of Rye, annexed as Exhibit C. Each of these is an opinion of the Second Department Appellate Division. In Delavore, the Court reasoned that the swimming pool variance was properly denied because the applicants failed to prove "they would be unable to utilize their land" for a residence. The Court implicitly is following that line of cases that considerswimming pools and tennis courts both a "luxury" and as Justice Daniel F. Luciano upheld in Walentas v. ZBA of Village of Southampton, annexed as Exhibit D, an objectionable source of noise. In Seumenicht, the Court observed that to the extent the applicant had a home which he occupied on his lot, the 3 • applicant ' s pool variance application was properly denied. Effectively, the Appellate Division was saying the pool is not a necessity but instead a personal convenience, which is not a basis for variance relief. Under Town Law §267-b, the Board should evaluate whether: A. the location of a hot tub, patio and swimming pool so close to Ravitch and Butz and elevated as required is an undesirable change or will result in detriment to the Ravitch and Butz residence; B. the benefit sought by the applicants could be achieved by another method, for example, a smaller pool, a smaller patio, moving the hot tub to the east side of the Cashy/Misthos parcel, providing for collection on site of surface water runoff, prohibiting removal of vegetation and trees, and providing a noise attenuation barrier that recognizes and deals with the proposed newly elevated height of the west side of Cashy/Misthos; C. the relief sought is substantial (when viewed in terms of the imposition of these improvements atop the privacy of the Ravitch and Butz residence, this 26% variance request is substantial) ; 4 D. the grant of relief will have adverse environmental consequences, for example, new water runoff volume and patterns, the destruction or removal of existing vegetation between these properties and corresponding or resulting • risks to the stability of, the bluff; and R E. the difficulty is self created, where as here the house and existing deck are as far seaward as the Zoning Ordinance allowed or allows, so that applicants created their own hardship in the process pushing that "hardship" on the face of the neighbors with a loss of privacy and enjoyment in the use of their home. DISCUSSION OF PRESENT RECORD ' The present record leaves unresolved or unaddressed at least the following: 1 . Where will the pool pumps and motors--with their customary persistent noise--be located and what type of noise baffle is proposed to attenuate that noise? ; 2 . May the pool and deck be reduced in size (raised by Member Tortora on July 6) ?; 3 . What is the actual result of the change of grade-- which is from elevation 52 feet to elevation 34 feet from the east side of Cashy/Misthos to the east side of Ravitch 5 and Butz and which is an even sharper change of eight feet from 42 feet to 34 feet over the thirty foot separation of the hot tub and the bedroom in the southeast corner of the Ravitch and Butz home--and could not cross sectional drawings and actual drainage calculations (not a narrative collection of conclusions) be provided and evaluated (raised by Member Dinizio on July 6) ? ; 4 . Are there noise attenuating steps that could be taken, e.g. , moving the shallow end of the pool away, building and maintaining a noise attenuation barrier, moving the hot tub to the east side of Cashy/Misthos, etc. ? ; 5 . What is the damage risk of new drainage or pool backwash or hot tub maintenance or pool cleaning on the bluff vegetation, and the stability of the bluff? ; 6 . What is the effect in amplification of noise of the aluminum siding on the Cashy/Misthos residence? ; 7 . In terms of the balancing of interests required under Town Law §267-b, what steps/conditions/requirements must the applicants recognize and implement toward leaving the peace and privacy of their neighbors undisturbed? ; and 8 . The applicants' burden of proof under established case law, including Bienstock and its progeny, and under Town Law 267-b. 6 CONCLUSION This application should in all respects be denied - because the applicants have failed to address, much less satisfy, their burden of proof. On a balancing of interests, this record would not permit the interests of Ravitch and Butz to be ignored. They now have a home but tomorrow they will have a receptacle for noise--children in the pool and hot tub, guests at parties on the patio and the constant droning whir of the pool pump equipment, all within the reach of a few arms and towering over their residence now set 8 feet below the proposed hot tub. Dated: October 19, 2000 Respectfully submitted, ANTHONY B. TOHILL, P.C. Attorneys for Diane Ravitch and Mary Butz 12 First Street P.O. Box 1330 Riverhead, New York 11901 631-727-8383 C:\My Documents\Realestate\ZONING\Ravitch&Butz-Memorandum-ZBA.doc 7 }i. . - 1004 589 NEW YORK SUPPLEMENT, 2d SERIES • ' '} Before MANGANO, P.J., and `- y7; Sh- SULLIVAN, BALLETTA and O'BRIEN, 187 A.D.2d 578 appe JJ. In the Matter of Herbert BIENSTOCh, .- Ga et al., Appellants, ,Hun.` MEMORANDUM BY THE COURT. •r• G� f resp, •In a proceeding pursuant to CPLR article v' 78 to review a determination of the Zoning ZONING BOARD OF APPEALS OF the ;ts ,. ; COP • Board of Appeals of the Village of Kings TOWN OF EAST HAMPTON, Point, dated January 9, 1990, which denied Respondents. i: : M-_ the petitioners' application for a variance, S-',5; the appeal is from a judgment of the Su- Supreme Court, Appellate Division, `, I^ 'r .y' 78 t preme Court, Nassau County (Yachnin, J.), Second Department. '-�' Boa: entered June 21, 1991, which granted the Nov. 16, 1992. - -i `';fi` Boa Han petition, annulled the determination, and ` • ter granted the petitioners a variance. =�' ; for . ORDERED that the judgment is re- : -- -- •- •• ..v. ILA..0 uAle• V1` tii t-GtiL..5 1UU11:05 2 ._ Cite as 589 N.Y.S.2d 1004 (A.D.2 Dept. 1992) - Sheila L. Birnbaum, New York City, for 441, 444, 410 N.Y.S.2d 56, 382 N.E.2d 756). ;;aYn appellants. The zoning board's determination will ordi- .4... r_, rOC fi '''- Gary N. Weintraub, Sp. Town Atty., narily be sustained if the determination has ," Huntington (Brian Neary, of counsel), for a rational basis. It is incumbent upon an -- respondents. applicant for an area variance to demon- , strate that "strict compliance with-the zon- Before THOMPSON, J.P. and EIBER in or OF the COPERTINO and PIZZUTO, JJ. tiesdinance will result in practical diffi- cu (Matter of Fuhst v. Foley, supra, MEMORANDUM BY THE COURT. at 445, 410 N.Y.S.2d 56; 382 N.E.2d 756, ;ion, In a proceeding pursuant to CPLR article citing Conley v. Town of Brookhaven 78 Zoning Bd. of Appeals, 40 N.Y.2d 309, 386 to review a determination of the Zoning Board of Appeals of the Town of East N.Y.S.2d 681, 353 N.E.2d 594). While Hampton, dated April 10, 1990, which, in- there is no precise definition of the term `', ' application "practical difficulties"', in general, the "pe- ter glia, denied the petitioners - for an area variance and a Natural Re- titioner must show that as a practical mat- roperty sources Special Permit to build a swimming ter he cannot utilize his property or a struc- armina-_- pool, the petitioners appeal from a judg- ture located thereon `without coming into , which _ ment of the Supreme Court, Suffolk Coun- conflict with certain of the restrictions of ariance ty (Leis, J.), dated October 3, 1990, which the zoning ordinance' " (Matter of Fuhst v. mit to . dismissed the proceeding. Foley, supra, at 445, 410 N.Y.S.2d 56, 382 Court, i ORDERED that the judgment is af- N.E.2d 756, quoting from 3 Rathkopf, Law roceed- i firmed, with costs. of Zoning andPlanning [4th ed], ch 45, § 1; apreme Matter of Grace v. Palermo, 182 A.D.2d groper- The petitioners own a parcel of water- 820, 582 N.Y.S.2d 284). lifficul- front property in the Town of East Hamp- ;a vari- ton which is presently improved by a one- ' family residence. They filed an application [2] The petitioners may continue to use with the Zoning Board of Appeals of the the dwelling on their property. Under Town of East Hampton (hereinafter the these circumstances, the petitioners are Zoning Board) for an area variance and a hard-pressed to establish "practical difficul- Natural Resources Special Permit to build ties" (see, Matter of Fromer v. Citrin, 187 a swimming pool on their property. The A.D.2d 588, 589 N.Y.S.2d 1003 [decided to var- Zoning Board denied the application after herewith]; Matter of Malhotra v. Town of deter- finding that the petitioners had not estab- Brookhaven, supra; Matter of Pacheco v. , k lished practical difficulties or special and De Salvo, 127 A.D.2d 597, 511 N.Y.S.2d unique circumstances warranting the 396). The record indicates that they desire granting of a variance, and that they had to build a swimming pool because they feel failed - not met the standards necessary for the that it is significant to their enjoyment of which issuance of a Natural Resources Special their house and property. Under the cir- istruc- - Permit. Contrary to the petitioners' asser- cumstances presented, their desire is one of town ' , tions, the Zoning Board's determination a personal nature, tenuously related to pplica- _:,_ was not arbitrary and capricious and was their use of the property as a one-family prop- - supported by the record. residence, and does not form the basis of a • gelling :-�;y: "practical difficulty".) buu „;ild � :� [1] It is well settled that local zoning P "Only in rare cir- hat it boards have discretion in considering appli- cumstances * * * may problems of a per- f their ;- cations for variances and that judicial re- sonal nature possibly constitute `practical rsonal , view is limited to determining whether the difficulties' to the landowner, therefore jus- • use of action taken by the board is illegal, arbi- tifying the issuance of an area variance" - ,.,3., trary and capricious, or an abuse of discre- (Matter of Fuhst v. Foley, supra, 45 ce. xs.- .: °:f-- tion (see, Matter of Malhotra v. Town of N.Y.2d at 446, 410 N.Y.S.2d 56, 382 N.E.2d rid Brookhaven, 185 A.D.2d 817, 586 N.Y.S.2d 756). Given the facts of this case, the r ,N" 643; Matter of Fuhst v. Foley, 45 N.Y.2d petitioners did not qualify for an area vari- dry 1006 589 NEW YORK SUPPLEMENT, 2d SERIES '; ance, andthe Zoning Board's denial of their issue must either timely file note, or more E:4'.. 4 ar. application had a rational basis. to vacate notice or for an extension of time f-` 7 (se In light of our determination, the peti- within which to file. McKinney's CPLR 4 55 y #n-i_ 5° tioners' assertion concerning the adequacy 3216. ,*, t of the reasons for the denial of the Natural 2. € 1 e Pretrial Procedure 46 ' '4 _= Se Resources Special Permit is academic. We Sanction of dismissal was proper, as °°` G , note, in any event, that the applicants response to plaintiff's failure to comply of failed to sufficiently demonstrate that the Ali' .'` with discovery, which occurred despite ''"` , 's relevant standards enunciated in the Town exis his of East Hampton Code § 153-5-40 could be tence of prior court orders. McKinnev's F' • CPLR 3126. -�- complied with (see, Matter of Dausey v., T a prc Kelley, 137 A.D.2d 686, 524 N.Y.S.2d 776). A•1 Therefore, the record supports the denial Lawrence Levine, New York City, for Mo. t%rt of that permit. appellant. { w Bower & Gardner, New York City (Jona- mis O 5 KEY NUMBER SYSTEM than Siegel and Steven J. Ahmuty, Jr., of 1 ass- t counsel), for respondent CommunityHosp. `;,,, Ho; A F- , of Brooklyn, Inc. Y: sua McAloon, Friedman & Mandell, P.C., wit -,; wit: 187 A.D.2d 566 New York City (Steven C. Mandell, of coun- i ' 174 Immanuel KIRKLAND A sel), for respondent Frederic J. Cohen. '' .' Du, ppellant, r .z,; Before BRACKEN t ' v. tilL , J.P., and ' LAWRENCE, MILLER, COPERTINO and COMMUNITY HOSPITAL OF BROOKLYN, INC., et al., SANTUCCI, JJ. ':R„ 4x Respondents. MEMORANDUM BY THE COURT. `` tc Supreme Court, Appellate Division, In an action to recover damages for med- ,3; Second Department. ical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings ,. Nov. 16, 1992. County (Bellard, J.), dated October 5, 1990, -' 1.- Stu: which, upon an order of the same court, '4. dated September 17, 1990, Malpractice action was brought. Thegranting the mo tion of the defendant Frederic J. Cohen to `t` `�3 Supreme Court, Kings County, Bellard, J., • _ . dismissed complaint as to one defendant dismiss the complaint for a failure to prose 1 '� for failure to prosecute, and against anoth- cute and the cross motion of defendant er defendant for failure to comply with Community Hospital of Brooklyn, Inc., to s : _i.. ,;t discovery orders. Appeals were taken, dismiss the complaint for failure to comply .,; 1 The Supreme Court, Appellate Division, with discovery orders, is in favor of theis "" held that: (1) dismissal for failure to prose- defendants and against him. of cute was warranted after plaintiff failed to ORDERED that the judgment is af- z. w file note of issue within 90 days of request firmed, with one bill of costs. to do so, and (2) dismissal as to one defen- [1] Where a plaintiff fails to comply . dant was warranted, based upon plaintiff's with a 90-day notice to file a note of issue r • failure to comply with discovery orders. tle a: pursuant to CPLR 3216, a defendant i` _ dant. Affirmed. entitled to dismissal if the plaintiff fails to Court show an adequate excuse as well as a meri- � ' ,.,,.... tion o torious cause of action. To avoid being r3" miss 1. Pretrial Procedure 589 held in default, a plaintiff served with a 90- ,','" € To avoid being held in default, plaintiff day notice must either timely file a note of ,.r-'., appea .�. .34LL;�,. Divisi, served with 90 daynotice to file note of issue, or move to vacate the notice or for t r: to:. comp]: ,`';v:-: 58q. 260 626 NEW YORK SUPPLEMENT, 2d SERIES P mortgage in the name of a sham corporation 2. Zoning and Planning «503 •;. -.tOp F corr, with the apparent purpose of perpetrating a Town correctly denied landowners' vagi- .' >y.`• that -,;v- F they fraud upon the plaintiff, the holder of a sec- ance requests to enable them to build pool - (sec. and mortgage. Accordingly, the court did deck and fence, since owners failed to estab- E; ' _ not err in finding that a merger of the inter- lish that, absent granting of variances, they iz"x w A.D.. :e ests of the owner and the first mortgagee would be unable to utilize their land ,i?=. sloth had occurred. a 9 f" 4, 1004: appellant's 3. Zoning and Planning x503 ° ', Hum The remaining contentions are Showing of practical difficulties must be :,,,,,: _.::; A.D. without merit. made to warrant granting of area variance. :-,,,,,,,/, - 1,1, : ter c, McKinney's Town Law § 267—h, subd. 3(b}. -!-',,,4i N i . - - •- conte x w 4. Zoning and Planning 503 ,'` rnus O E KEY NUMBER SYSTEM t.•' No discernible difference exists between `- ; an a requirements set forth in statute governing �- = diffu' considerations to be made by town in decid- forth ing whether to grant area variance and re- ' ;`,-,i::o- ,; of th, quirements of practical difficulty standard. ter 0. 215 A.D.2d 478 McKinney's Town Law § 267—b, subd. 3(b). ‘''', Y--.:' N•'i 199 .-' In the Matter of Lee DELAVORE, l'i't' et al., Petitioners, Eugene L. DeNicola, Sayville, for petition- 1, , 86; ers. `_ Pa ICI v. In ar Vincent J. Messina, Jr., Town Attorney, Richard I. SCHEYER, etc., Islip (Bruce P. Vetri, of counsel), for respon- we fi. et al., Respondents. dents. comp, ft Town Supreme Court, Appellate Division, Before MILLER, J.P., and RITTER, We Second Department. PIZZUTO and S_ANTUCCI, JJ. .,r ing c ' merit May 8, 1995. MEMORANDUM BY THE COURT. Proceeding pursuant to CPLR article 78 to �` review a determination of the responder: Landowners brought Article 78 proceed Board of Appeals of the Town of Islip, dated ing to review town's decision to deny them April 13, 1993, which, after a hearing, denied area variances for pool deck and fence. The the petitioners' applications for two of four ,x Supreme Court transferred case. The Su- ',•' Ir requested area variances. preme Court, Appellate Division, held that town correctly denied requests for variances, ADJUDGED that the determination i= Yy,. since owners failed to establish that, absent confirmed and the proceeding is dismissed on t. the merits, with costs.the granting of variances, they would be unable ' � to utilize their land. [1] Initially, we note that the Supreme i -. - ` Court should have disposed of the proceeding l' In t Confirmed. i on the merits instead of transferring it to this court (see, Town Law § 267—c[4] ) - 1. Courts €488(3) However, this court will decide the case on - x: ,-Y"' ` Pau} Although Supreme Court should have the merits in the interest of judicial economy' _ ;;; _ (see, Matter of Cucci v. Zoning Bd. of AP- r,., -• c • i disposed of proceeding to review towns deci- peals, 154 A.D.2d 372, 545 N.Y.S.2d 850 . sion to deny area variances on the merits rather -than transferring it to Supreme [2-1] Upon our review of the record. NV' ,1,,:__ Court, Appellate Division, the latter court find that the respondents' determination Nva.' t:','1.,..;-,--,',.-„ would decide case on the merits in interest of reasonable and rationally based upon sub ,4 -''' ;` variance ' ". . i Z judicial economy. McKinney's Town Law stantial evidence. The petitioners -,- ^r .,- . see § 267—c, subd. 4. requests for their pool deck and fenCe Avete `�..;,..:. , Cite as 626 Y.Y.8.2d 261 (A.D.2 Dept. 1995) `fly' , =� .° ': correctly denied since they failed to establish university expelling students upon disciplin- vari- ' that, absent the granting of the variances, ary findings. The Supreme Court, Suffolk =�" they would be unable to utilize their land County, Hall, J., granted petition, and uni- pool ' . ;see, Matter of Slakoff v. Hitchcock, 194 versify appealed. The Supreme Court, Ap- stab- 'r; .,: i.D 2d 613, 599 N.Y.S.2d 63; Matter of Bien- pellate Division, held that: (1)' students' due they �.t Zoning Bd. of Appeals of Town of E. process rights were not violated by their lack ;. ;r•: aro,z, 187 A.D.2d 573, 589 N.Y.S.2d of legal representation at disciplinary hear- low; Matter of Grando v. Town of Islip, 172 ing; (2) State Administrative Procedure Act 1st be ': -,•D d 663, o68 N.Y.S.2d 635; see also, Mat- x ter of Framer v. Citrin, 187 A.D.2d 588, 589 did not apply to university disciplinary pro- s;;. ian,ce. . _' S_2d 1003). Contrary to the petitioners' ceedings;. but (3) students were entitled to ' 3(b). contentions, a showing of practical difficulties new hearing because university employee . `' ,,,,,,:t. ,:till be made to warrant the granting of participated as cocomplainant in violation of ,1n area variance. There is no discernible University Student Code. ,ween- p: erning -- difference between the requirements set :6. Affirmed. deeid- r' forth in Town Law § 267-b(3)(b) and those nd re- :: of the practical difficulty standard (see, Mat- ndard. = ter of Sasso v. Osgood, 206 A.D.2d 837, 614 1. 3(b). N.Y.S.2d 660; Matter of O'Keefe v. Donovan, 1. Colleges and Universities <==9.30(7) 199 A.D.2d 681, 605 N.Y.S.2d 150; :Platter of .4 Constitutional Law 278.5(7) Vibledi v. Roth, 192 A.D.2d 662, 597 N.Y.S.2d 0 etition- Ali; see also, Matter of Clowry v. Town of University students were not denied due _ .'•:.rli11Yb 202 A.D.2d 663, 609 N.Y.S.2d 299). process at disciplinary hearing, where they ,.. any event, upon our review of the record had names of witnesses against them, oppor- ;torney, X we End that the respondents' determination respon- P tursty to present defense, results and finding „iicomports with the statutory standards of the of hearing, and right to advisor; due process .;x, Town Law. did not require university to provide students ER, ' •1- We have reviewed the petitioners' remain- with legal representation at disciplinary ` ing contentions and find them to be without hearing. U.S.C.A. Const.Amends. 5, 14. .„ merit. RT. -'5:--ku- 2. Constitutional Law x278.5(7) ;;,y., w cle 78 to f' O 5 KEY NUMBER SYSTEM ;pondent,ti,,.:;r ;, r Due process requires that university stu-. 'f ` dents at disciplinary hearing be given names 'ip, dated-- ;, denied""'.` ` of witnesses against them, opportunity to ` 215 A.D.2d 481 present defense, and results and finding of of four In the Matter of Jeffrey GRUEN, hearing. U.S.C.A. Const.Amends. 5, 14. 'f4tt ': -1 Respondent, m Zation isa 3. Administrative Law and Procedure 5 ' , v. pissed on -, ;., j- Paul W. CHASE, etc., et al., Appellants Colleges and Universities «9.30(7) ` , . .• (Proceeding No. 1). Supren1g State Administrative Procedure Act did .roceedirn �' !:, In the Matter of Leonard CORDOBA, not apply to university disciplinary proceed- • ring it tA: Respondent, ' ings, where there was no statute requiring 267-c[41 `' - v, those proceedings to be on record. McKie- ,e 'case 4' Paul W. CHASE, etc., et al, Appellants ney's, State Administrative Procedure Act I econo''i `;c. (Proceeding No. 2). § 102, subd. 3. 3d. of'�°`` - Supreme Court,Appellate Division, 4. Administrative Law and Procedure a5 • S'2d• 1`9, Second Department. :,-;,,,,,t... � ' State Administrative Procedure Act is M1May 8, 1995. ' applicable solely to adjudicatory proceedings nation,., '. ..' is 4., 'a, _required by law to be made on record. Upon A. university students brought Article 78 McKinney's State Administrative Procedure s' v" ;: , Proceeding to review determination of state Act § 102, subd. 3. fence ':r:` t' a rya is 784 629 NEW YORK SUPPLEMENT, 2d SERIES ' incredible as matter of law and, thus, evi- Martin v. Adduci, 138 A.D.2d 599. -,• ' ,.. dence was sufficient to sustain burdening of N.Y.S.2d 181, supra; Matter of Ko i,,, ► - �, proving guilt by clear and convincing evi- State of New York Dept. of Motor j•eli ; t rc ► dence. McKinney's Vehicle and Traffic Law 134 A.D.2d 595, 521 N.Y.S.2d 494). § 1180(d). , ''`= We have reviewed the petitioner's remain- ,.. F ing contentions and find them to be without :..-'r Leonard B. Isaacs, Valley Stream, for peti- merit. . tioner. Dennis C. Vacco, Atty. Gen., New York E O s KEY NUMBER SYSTEM City (Harvey M. Berman and Kay—Ann D. T • Porter, of counsel), for respondent. , Before MILLER, J.P., and ALTMAN, i GOLDSTEIN and FLORIO, JJ. MEMORANDUM BY THE COURT. 217 A.D.2d 632 Proceeding pursuant to CPLR article 78 to In the Matter of Karl H. SEUMENICHT, review a determination of the respondent Respondent, New York State Department of Motor Vehi- v. cies dated April 25, 1994, which sustained the , ZONING BOARD OF APPEALS OF finding of an Administrative Law Judge that the petitioner had violated Vehicle and Traf- the CITY OF RYE, Appellant. ,s fic Law § 1180(d), imposed a fine of $350, Supreme Court, Appellate Division, and revoked her New York State driver's Second Department. license. %; ADJUDGED that the determination is July 17, 1995. confirmed and the proceeding is dismissed. • on the merits. with costs. ; Applicant sought review of denial of are;, x The determination that the Petitioner \-lo- variance for deck and pool. The Supe••,t lated Vehicle and Traffic Law § 1180(d) is Court, Westchester County, Murphy, J.. , supported by substantial evidence on the rec- granted the petition, and zoning board of ord and therefore must be confirmed (see, appeals appealed. The Supreme Court, ?.p•. . Matter of Martin v. Adduci, 138 A.D.2d 599, pellate Division, held that: (1) denial of van- 526 N.Y.S.2d 181). The ticketing police offi- ance for deck and pool which were built cer testified, properly referring to his notes without building permit was not illegal, arbi- (see, People v. Klepper, 25 N.Y.2d 46, 302 trary, or abuse of discretion; (2) applicant ' N.Y.S.2d 555, 250 N.E.2d 51), that based who had occupied single-family residence for upon his training and expertise. he estimated 30 years could not meet burden of pro,:'. ? the petitioner's speed at 50 miles per hour in that he could not utilize property With"_:: } a posted 30—mile—per—hour zone (see, People coming into conflict with zoning restriction:,: v. Olsen, 22 N.Y.2d 230, 292 N.Y.S.2d 420, and (3) applicant's health needs did not es- 239 N.E.2d 354; People v. Praete, i44 tablish practical difficulties where pool could, Misc.2d 801, 545 N.Y.S.2d 499, affd. 150 be placed elsewhere on property. Misc.2d 389, 575 N.Y.S.2d 623) and that this Judgment reversed and determination visual estimate was verified by radar. The confirmed. officer's testimony was not incredible as a ►' matter of law and was thus sufficient to sustain the respondent's burden of proving 1. Zoning and Planning c=.48S, 607 :_y the petitioner's guilt by clear and convincing, Zoning boards have broad discretion in ' evidence (see, Matter of Miranda v. Adduci, considering applications for variances, and 172 A.D.2d 526, 567 N.Y.S.2d 869; Matter of judicial review is limited to determining 4: EXHIBIT "C_ ' r g) *,,.{s: ,'- Cite as 629 N.Y.S.2d 784 (A.D.2 Dept. 1995)~ J �� 1 " , lihether action taken by board is illegal, arbi-• The petitioner, Karl H. Seumenicht, had a .Hx{,sou �+" , vary, or abuse of discretion. deck and above-ground pool constructed on ' his property without obtaining a building Zoning and Planning 503,!4Y.rt''". permit. As the deck and pool substantially Denial of variance for deck and pool ). `" iencroached on rear and sideyarcl setback re- 1 %,;uca were built without building permit and i:lcil encroached on rear and sideyarcl set- quirements of the applicable zoning orcii- rack requirements was not illegal, arbitrary, nance, the petitioner applied for an-area vagi- or abuse of discretion. ance. The appellant Zoning Board denied his application on the ground that he failed to ' 3 Zoning and Planning x493 establish practical difficulties. The Supreme ' Applicant for area variance had burden Court annulled that determination and grant- of proving that, as practical matter, he could ed the variance subject to certain conditions !i( t utilize property without coming into con- set forth in a dissenting decision by one of ., :1ict with zoning restrictions. the Zoning Board members. We now re- 4, 4. Zoning and Planning c=>503verse. iY Applicant who had occupied single-fami- [1, 2] It is well settled that zoning boards z !y residence for 30 years and who sought have broad discretion in considering applica- . area variance for deck and swimming pool tions for variances and that judicial review is . could not meet burden of proving that, as ew ' � limited to determining whether the action practical matter, he could not utilize property • �;r'lout coming into conflict « th zoning 1e_ taken by the board is illegal, arbitrary, or an ,it•:ctions. abuse of discretion (see, Matter. of Fu;ist c. Foley, 45 N.Y.2c1 441, 410 N.Y.S.2d 56, 382 5. Zoning and Planning x503 N.E.2d 756; Conley r. Town of Brookhaven Applicant's health needs did not estab- lish Zoning Bd. of Appeals, 40 N.Y.2d 309, 386 practical difficulties warranting area var- N.Y.S.2d 681, 353 N.E.2d 594). Although the iance for swimming pool where pool could be Zoning Board might t have exercised its dis • - h placed elsewhere on property «Zthin setback cretion to grant the variance, we cannot say restrictions, albeit on smaller scale. that its determination to deny the variance was illegal, arbitrary, or an abuse of discre- tion. 'r Richard M. Gardella, Corp. Counsel, Rye, ' for appellant. [3-5] The petitioner had the burden of establishing that, as a practical matter, he ' Before SULLIVAN, J.P., and O'BRIEN, could not utilize his property without coming { THOMPSON and SANTUCCI, JJ. into conflict with zoning restrictions (see, i 1 MEMORANDUM BY THE COURT. Matter of Fuhst v. Foley, supra). The peti- tioner failed to meet that burden as he had In a proceeding pursuant to CPLR article occupied a single-family residence on the ;;` to review a determination of the Zoning property for over 30 years (see, e.g., Matter Board of Appeals of the City of Rye, dated of Fuhst v. Foley, supra; Matter of Slakoff v. ! ' .lane 10, 1993, which denied the petitioner's Hitchcock, 194 A.D.2d 613, 599 N.Y.S.2d 63; application for an area variance, the appeal is Matter of Bienstock v. Zoning Bd. of Appeals •;;;,,-, fom a judgment of the Supreme Court, Westchesterof Town of E. Hampton, 187 A.D.2d a'78, 589 I. ..N4-', -,,s..F ^ County (Murphy, J.), entered N.Y S.2d 1004). Moreover, it was not irra- December>; December 14, 1993, which anted the eti- '` tion p tional or an abuse of discretion for the Zon- es - , annulled the determination, and granted ing Board to conclude that this was not one r ,t. r,:r �-. the petitioner a variance. i =F of those rare circumstances where a resi- ! f ;_.:r ORDERED that the judgment is reversed, dent's ,.bxc,,;,:.;�: health problems constituted practical on the law, with costs, the determination is difficulties (see, Matter of Fuhst v. Foley, �` Y.,` '. "'ntu med and the proceeding is dismissed on supra) • ,the p g p ), particularly as it appeared that the "' . merits. pool could be relocated on the property with- (!I 786 629 NEW YORK SUPPLEMENT, 2d SERIES A.°r in the setback restrictions, albeit on a was insured by another insurer, burden n( --.•. smaller scale. proof then shifted to other insurer, as part‘ • -•, N seeking to disclaim coverage, to demonstrate •= W that it had cancelled offending vehicle's in- '' 0 T KEY NUMBER SYSTEM surance policy prior to accident. ":..3,4. • .' L' , li 3. Insurance x578 {`y ~ Because automobile insurer '' " as part} .:..�,. seeking to disclaim coverage, failed to dem- ` r:• 1 - a�z is 217 A.D.2d 633 onstrate that it had cancelled vehicle's insur- "- ance policy prior to accident, petition perm :t- ! the Matter of STATE FARM MU- pc i.,t;t- • TUAL AUTOMOBILE INSURANCE nently staying arbitration of uninsured nt(�. `<-;- i COMPANY, Petitioner—Respondent, torist (UIM) claim was properly granted. :_ '._' 1 v. Lori KANTER, et al, Respondents. Debra A. DiCicco, Brooklyn (A. Paul Gold blum, of counsel), for appellant. "_ ' 't2' e Liberty Mutual Insurance Martin, Fallon & Mulle, Huntington (Lay- C Company, Appellant. ry M. Shaw, on the brief), for petitioner- respondent. Supreme Court, Appellate Division, Second Department. Sweetbaum & Sweetbaum, Lake Success ' (Marshall D. Sweetbaum, of counsel), for re- July 17, 1995. spondent Allstate Ins. Co. Before MILLER, J.P., and ALTMAN, • In proceeding to stay arbitration of GOLDSTEIN and FLORIO, JJ. uninsured motorist (UIM) claim, automobile Y- i. insurer appealed from judgment of the Su- MEMORANDUM BY THE COURT. preme Court, Nassau County, Trainor, J., In a proceeding pursuant to CPLR article granting petition to stay arbitration. The 75 to stay arbitration of an uninsured ntv,t.,' • - Supreme Court. Appellate Division, held ist claim. Liberty Mutual Insurance Collin-, that, because insurer, as party seeking to ny appeals from a judgment of the Supreme disclaim coverage, failed to demonstrate that Court, Nassau County (Trainor, R.), dated it had cancelled vehicle's insurer prior to March 7, 1994, which, after a hearing, grant accident, referee properly granted petition ed the petition. permanently staving arbitration of UIM '- ' claim. ORDERED that the judgment is affirmed. -_ with costs. . ,. .r_ Affirmed. _ [1] The Referee properly determined that Liberty Mutual Insurance Contl):lr.} 1. Insurance x578 (hereinafter Liberty Mutual) had insured thr In proceeding to stay arbitration of motor vehicle that had struck Lori Kanter, • uninsured motorist (UIM) claim, automobile motor vehicle. At the hearing, the petition.- insurer met its burden of proving that of- � } er, State Farm Mutual Automobile Insurance fending vehicle was insured by another insur- Company, met its burden of proving that the pro- er by producing certified copy of vehicle's offending vehicle was insured by Liberty ".T13- '' registration record indicating that it was in- tual by producing a certified copy of -le sured by the other insurer. vehicle's registration record which i''T1li`•: '••. '~ that it was insured by Liberty Mutual as 0: s,,: tti, , C 2. Insurance «578 April 30, 1986 (see, Matter of State Fa''"' In proceedingto stay arbitration of Mut. Auto. Ins. Co. v. Fenelon, 202 A.D.2d `'' a- uninsured motorist (UIM) claim, after auto- 436, 608 N.Y.S.2d 709; Matter of Eagle Ii�` �°'t' f . mobile insurer proved that offending vehicle Co. v. Tichanan, 185 A.D.2d 884, 5- i . t� • • MEMORANDUM SUPREME COURT . SUFFOLK COUNTY IAS PART X In the Matter of the Applicatin of: BY : DANIEL F. LUCIANO, J . S. C. ' DAVID WALENTAS, Petitioner, DATED (71A5 ] 1989 For a Judgment pursuant to Article : ' 78 of the Civil Practice Law and INDEX NO. -241g—"-- Rules MOTION DA 3/ -against- CALENDAR DATE 4/17/89 • GDISPSJ ELISE KORMAN , KEVIN GUIDERA, REV. : MARVIN DOZIER, HARRY MARMION and RONALD HILL , constituting the Zoning Board of Appeals of the Village of Southampton , Respondents . . BENNETT & O'SHEA , ESQS . DAVID J. GILMARTIN, ESQ. Attorneys for Petitioner /Attorney for Respondents 212 Windmill Lane 320 Hampton Road Southampton , New York 11968 Post Office Drawer WWW Southampton, New York 11968 This is an Article 78 proceeding commenced by the petitioner, David Walentas , seeking a judgment "annulling and setting aside that part of a determination dated January 19 , 1989 of the Respondents , which denied an area variance Petitioner requested, on the grounds that the Respondents ' action was illegal, unconstitutional,* arbitrary , capricious , discriminatory, and constituted an abuse of discretion and commanding the Respondents , SOUTHAMPTON VILLAGE.,ZONING BOARD OF APPEALS, to issue Petitioner's requested variance. ..'. The variance sought by the petitioner, David Walentas , is relief from sections 116-9(A) ( 11) (a) and 116-4(D) of the Southampton Code in order to permit him to build a tennis court on his residential property . The subject property is a corner lot , thus fronting on two streets . The petitioner, David Walentas, proposes to place his tennis court in one of his two front yards and as close as * No argument is offered in support of the contention that the subject determination of the respondent, Zoning Board , is unconstitutional and, thus , denial of the relief requested herein on constitutional grounds is summarily denied . ra �`P % ..--, o GE' 2 - 'WALENTAS V. ZONING INDEX NO. 89/2479 ten feet from the fronting street . Section 116-9(A) ( 11 ) (a ) of the Southampton Code requires that ' i a tennis court be "installed in the rear yard or a side yard of Fremises" . Pursuant to section 116-4(D) of the Southampton Code (;which incorporates by reference the Southampton Codes- Residence L'istricts Table of Dimensional Regulations) a tennis court (which d :fined as a. structure in section 116-9(A) (11 ) of the Southampton is .Cpde) must be located at least ninety feet from the street. The petitioner, David Walentas , asserts that in order to. The • .c 'nform with the Code requirements it would be necessary for him to r •move several large trees located on his property and to relocate t :o cesspools and his septic system at a considerable expense. He farther asserts that an existing hedge will block the view of the p 'oposed tennis court from the street. In addition, he contends that o her properties in the vicinity have tennis courts including one w th a tennis court in a front yard as close -to the street as that w'.ich he proposes . Moreover„ he notes that his closest neighbor, w ose residence is situated on a narrow, non-conforming lot, has i dicated his preference for the proposed location as opposed to a f ily conforming location since the tennis court is further from his r• sidence as proposed . In denying the variance application the respondent, Zoning B ard , observed that variances from the Code requirements for the 1• cation of tennis courts are "all but invariably denied by this B ard" due to their appearance and the noise which they generate . T} e respondent, Zoning Board , further stated that " [a]s we view the property, it appears that a tennis court may be constructed in a c' nforming location , i . e.. to the rear of the existing dwelling. , C' rtainly , it may be constructed in a more conforming location than s! ggested by this application" . Moreover, the respondent Zoning B( :trd concluded that "it should be notedthat a tennis court is not ri :essary for the use of the property as a residence . In fact, it is Tewhat of a ' luxury.-. " Among the standards which the Southampton Code directs the rf .;pondent, Zoning Board , to apply in considering a variance a1olication is that "such variance is the minimum variance that will rrlieve such practical difficulties or unnecessary hardships . " ( :. duthampton Code section 116-27 (C) (2) . ) As observed in 2 Anderson , New York Zoning Law and Practice ( 1 iird edition) , section 23 . 68 provisions in zoning ordinances so liniting a Zoning Board 's power do "not appear to have undergone » frequent judicial construction in New York. " Nevertheless , Professor Rc •)ert M . Anderson concludes that "[i]t seems clear that the 'linitation adds an element to the case of the applicant. " It is also worthy of note that when, at the October 27 , 1988 hearing of the his application the petitioner, David Walentas , as _erted that there was , across the street, a front yard tennis court- - tei feet from the street, it was observed by the respondent, Zoning i E 3 - WALENTAS V. ZONING01/ INDEX N0. 89/2479 Board member Kevin Guiders, that construction of that tennis court preceded the applicable Southampton Code provisions . The respondent, Zoning Board , chairman thereupon stated: "I think you should note , historically, the reason we passed laws is when we see such abuses , or' something so unattractive , or found so unattractive by people in authority, they pass laws so that it doesn't happen again. And when they saw front, tennis courts going into front yards , that's what percipitated °!" (sic) this . " Clearly, this was an application for an area variance rather than . use variance thereby requiring only the proof of practical difficulties rather than unnecessary hardship. (E.g. , Village of Bronxville v . Francis , 1 A .D. 2d 236 , aff'd , 1 N.Y. 2d 839 ; 2 Anderson , surra section 23 . 33 . ) Nevertheless , the Court concludes that the determination of th'- respondent, Zoning Board , denying this variance application should be sustained . At the hearing of the application the respondent, Zoning Board, raised the possibility of minimizing the variance sought by.shortening tt, - length of the proposed tennis court. It was noted at the hearing by the respondent, Zoning Board member Kevin Guidera , and the chairman that "quite a few tennis courts in the past had been shortened from a standard 120 foot length to 110 feet . " As this has not been refuted as one available option it appears that for the respondent, Zoning Board , to grant the variance as sought would be to grant the variance without a determination that it would be the minimum variance necessary to relieve the existing practical difficulties . Notwithstanding that the respondent, Zoning Board, might have granted the requested variance conditioned on the shortening of the tenni court and an additional ten foot setback from the street, the fact remain that the variance sought , even as so modified , is a substantial one . Further, the finding that the tennis court is not necessary for t- use of the property (which enjoys the benefit of a deck and swimming poo and is "somewhat of a ' luxury'" reflects another reason for denial of th' variance sought. Rather than establishing the "practical difficulties" upon which the petitioner, David Walentas , seeks to rely he has merely made a showing of personal convenience . (see Fuhst v . Foley, 57 A .D. 2d 956 , aff'd, 45 N.Y. 2d 441 ; D'Aurio v. Board of Zoning Appeals of the Towt of Colonie . Albany County, 92 Misc. 2d 898 . ) This showing is insufficienA to support a judgment setting aside the determination of the respondent, Zoning Board . ' The respondent , Zoning board , is entitled to a judgment affirming its determination denying the petitioner's , David Walentas , application for an area variance and dismissing the petition on the merits . Settle judgment. ., J. S .C. :lr; ASSOCIATES,,,.../...2„ .._. _ ._... PGIVEN piy- �d 'p,/7,66 REAL ESTATE APPRAISERS AND CONSULTANTS October 13, 2000 Anthony B. Tohill, Esq. • Attorney's at Law 12 First Street P.O. Box 1330 Riverhead, NY 11901-0903 Via Fax:631-727-6336 Re: Variance Application of Cashy and Misthos Dear Mr. Tohill: I As per your request, I have visited the property which is the subject of the above variance application for the purpose of addressing the impact, if any, from a valuation standpoint on the property abutting on the west owned by Diane Ravitch and Mary Butz. Based upon this visit and from my research of the material you have supplied, which included the minutes from the initial hearing on this variance application, conclude that the proposed construction of a 4 - 5 foot high retaining wall near the westerly border of the subject property and the construction of a swimming pool, hot tub and surrounding brick patio will have a negative affect on the value of the Ravitch - Butz property. . The existing house owned by Cashy - Misthos has a substantially higher elevation than the Ravitch - Butz house by virtue of the sloping topography in this area; however, it is set back an estimated 30 feet from the rear line of the Ravitch - Butz house. The house also has a 13' deep first floor deck which comes within an estimated 17' of the rear of the Ravitch - Butz house and the proposed construction will bring an active use area an estimated 13' beyond the rear line of the Ravitch - Butz house. This active use area (pool, hot tub, and patio) will be elevated at least 4 -5' and possibly more above property grade and as the property is sloping to the west the result will be that the patio level will be at least 5 -6' higher than the easterly line of the Ravitch - Butz property. When you add to this patio level the height of an average human you can see that people using the patio, hot tub and pool will be 10 -12' above the easterly line of the Ravitch - Butz property. This elevation will lead to a significant increase in noise and a significant decrease in privacy for the abutting property, factors which will have a negative influence on value. BOX 5305 , 550 ROUTE 111 , HAUPPAUGE , NY 11788 ( 631 ) 360 - 3474 FAX ( 631 ) 360 - 3622 www g i v e n a s s o c i a t e s . c o m a +.. y- 1 Anthony Tohill October 13, 2000 The Ravitch - Butz house has been at its current location for more than 75 years and it is currently very close to the top of the bluff and any construction on a nearby parcel that would have the potential to disturb the bluff in any way would be of great concern as there is little, if any, margin of safety around the Ravitch - Butz house. It is difficult to predict market reaction to these concerns, however, based upon my experience I conclude that the potential effect on the value of the Ravitch - Butz property could be in excess,of 10%. Should you have any questions or would like to discuss this matter further please call me. Thank you for this opportunity to serve you. Sincerely, Patrick A. Given, SRPA NYS Certified General Real Estate Appraiser#46-704 • rGIVEN ASSOCIATES r { -_ 4/7"1‘-/ 4/1. APPRAISER'S QUALIFICATIONS pS pi' PATRICK A. GIVEN, SRPA _ ii ' i 1111107) DESIGNATIONS: SRPA/Appraisal Institute CSA-G/Columbia Society of Real Estate Appraisers MEMBER: Senior member of the Long Island Chapter of the Appraisal Institute; Senior member and Past Governor of Columbia Society of Real Estate Appraisers; New York State Society of Real Estate Appraisers; National Association of Real Estate Boards; New York State Association of Real Estate Boards; Long Island Board of Realtors EDUCATION: A.A.S. - Suffolk County Community College; • B.B.A. - Hofstra University; Society of Real Estate Appraisers; Course 101, Introduction to Real Estate Appraising W 4 Course 201, Income Property Valuation Course 202, Applied Income Property Appraising Standards of Professional Practice Columbia Society of Real Estate Appraisers; Course I and II Attended numerous seminars and lectures on real estate appraising rGIVEN ASS OCIAISS APPRAISER'S QUALIFICATIONS (CONTINUED) PATRICK A. GIVEN, SRPA STATE CERTIFICATION: Patrick A. Given has been certified as a General Real Estate Appraiser by the State of New York, Certificate #46000000704 EXPERIENCE: Patrick A. Given is a real estate appraiser and consultant and is the owner of Given Associates, 550 Route 111, Hauppauge, New York 11788. He has been active in the real estate and appraisal field for more than twenty five years. Licensed real estate broker. Past Chairman of Town of Smithtown's Board of Assessment Review. Has lectured on real estate appraising at Stony Brook University and Hofstra University. Has prepared appraisals for the Federal Government, State of New York (various agencies), County of Suffolk, Town of Smithtown, Town of Islip, Town of Babylon, Town of Southampton, Town of Southold, Town of East Hampton, Town of Brookhaven, Suffolk County Water Authority, Incorporated Villages, banks, corporations, attorneys, estates, school districts and individuals. These appraisals have included all forms of real estate, such as residential, commercial, industrial and leaseholds. Has testified as an expert in real estate values in the Federal District Court, Supreme Court of New York(both Nassau and Suffolk Counties)and New York State Court of Claims. Has been tested and qualified as a fee appraiser by the State of New York. rGIVEN ASSOCIATES REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Automated Data Processing CSW Associates Inc. . Ahern, William F., Esq. Deer Park Fire Department Associates & Ferren DeNicola, Eugene L., Esq. Associates Relocation Company Devitt, Spellman, Barrett, Calahan, Attonito and Schoepelin DiCanio Organization Bank of New England Dime Savings Bank Bank of Great Neck DL Rothberg &Associates pc Bank of Smithtown Dowling College Bankers Trust Company East Hampton Housing Authority Bausch & Lomb Eghrari, Mark, Esq. Better Homes & Gardens Relocation Eichinger, Charles, Esq. Bivona, John, Esq. Empire of America Relocation Blydenburg, Donald, Esq. Environmental Conservation Boatmen's Relocation Management Episcopal Health Services Bracken and Margolin Erwin, John, Esq. Brown-Forman Corporation Executive Relocation Busch Properties Express Financial Services Byron Reed Transequity Extebank Cahill, Gordon & Reindel Exxon Corp. Cahn Wishod & Lamb Farber Estates Campbell & Miller Farmingville Fire District Castle Auto Parts Figgie International Cendant Mobility First Mortgage Network Charwat, Mark S., Esq First National Bank of Maryland Chase Bank of Texas. First Pioneer Farm Credit Chase Lincoln First Bank Fishers Island Garbage & Chase Mortgage Corp. Refuse District Chemical Bank Geico Insurance Chicago Title Insurance General Foods Circuit City Stores Genesis Relocation Cohen & Warren Glynn & Mercep Co!dwell Banker Relocation Goldstar Credit Corporation Commack Public Library Grumman Corporation Commack Medical Associates Grundfast, Michael Esq. Commonwealth Relocation Guide Dog Foundation Corporate Relocation Management Inc. Haring, J. Christopher, Esq. County of Suffolk Department of Public Hauppauge Fire District Works Hebrew Academy County of Suffolk Department of Law Hirsch Fuels, Inc. County of Suffolk Planning Department Historic Preservation County of Suffolk Real Estate Division Home Insurance rGIVEN ASSOCIATES _4 - REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Homequity Nesconset Fire District Hunter Turbo Corp. New York State Department of Huntington Community First Aid Transportation Insurance Auto Auctions New York State Parks, Recreation and Intelicom US Inc. Historic Preservation Island Resources Foundation New York State Office of Mental Kane, Mary F., Esq. Retardation & Development Disabilities Kasper Properties New York State Attorney General's Kennedy, Bruce, Esq. Office Key Bank New York State Department of King, Donald, Esq. Environmental Conservation Kings Park School District New York State Dormitory Authority Klein, John V.N., Esq. New York State Facilities Development Kodak Corporation Kraft Foods N.J. Trust Company Lamb & Bamosky Nixon Hargrave Lawrence Aviation North Suffolk Medical Association Legacy North County Realty L.I. Adolescent & Family Services North Fork Bank Leyden & Kenney North Shore Surgi-Center Lite, Russell &Acocella Northville Industries Corp. Long Island Lighting Company NYNEX Long Island Savings Bank P.H.H. Homequity Loral Information Display Systems Pacific Ventures Mattimore, Timothy J., Esq. Pall Corporation McCarville Ford Peconic Bank McDonald's Corporation Peconic Land Trust Inc. Meyer, Suozzi, English & Klein Petersen, Charles, Esq. Michigan National Bank Pinks, Arbeit & Nemeth Miller Place School District Pinnacle Group Miteq Inc. Pistell, Joseph, Esq. Molloy, Kevin, Esq. Post-Morrow Foundation Morgan Guaranty Trust Company Prudential Relocation Morris & McVeigh Quantuck Beach Club Inc. Moses & Singer, LLP Racanelli Associates National City Bank Raisman & Gerardi National Park Service Ralph Oldsmobile National Residential Inc. Rand Consulting Group Inc. National Equity Inc. Real Property Service Bureau Nations Credit Relocation Group Nature Conservancy Resolution Trust Corporation GIVEN ' ASSOCIATES REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Resource Asset Management Inc. Tower Financial Retardation and Development Town of Babylon Disabilities Town of East Hampton Robins Island Holdings Town of Islip Rocky Point Fire District Town of Riverhead Rosenberg, Jules H., Esq. Town of Smithtown Sabatino, Paul, II, Esq. Town of Southampton St. Christopher-Ottilie Town of Southold St. Georges Golf& Country Club Trac Inc. Salvation Army Trans Equity Relocation Sarisohn, Floyd, Esq. Travelers Relocation Sause, Richard, Esq. TRFCA Relocation Schaefer Agency Inc. Trimarco, Vincent, Esq. Schechter, Schechter, Kenney & Rock Trust for Public Land Scheyer& Jellenik Twomey Latham Shea & Kelley Seaman Fuels TYCO Systems Sgroi, Sandra, Esq. U.S. Department of Agriculture Simon Properties U.S. Department of the Interior; Skadden, Arps, Slate, Meagher& Flom National Park Service Small, Stephen J., Esq. U.S. Attorney's Office Smithaven Dodge U.S. Postal Service Smithtown Fire District U.S. Relocation Services Inc. Smithtown Historical Society Union Chelsea Bank Society of St. Johnland United Guardian Inc. Source Financial Mortgage Valuation Administrators South Fork Broadcasting Village of Amityville • Sovereign Bank Village of Head of the Harbor S.P.L.I.A. Village of Islandia Stamen Building Materials Village of Lake Grove S.T.A.R.S. Village of Patchogue State University of New York Village of Quogue State Bank of Long Island Village of Sag Harbor Storybook Homes Village of Greenport Stuart, Susan D., Esq. Village of the Branch Suffolk County Sewer District#10 Village of Saltaire Suffolk County Water Authority W. A. Baum & Company Suffolk Marketing Weichert Relocation Company Symbol Technologies Inc. Walsh, Michael G., Esq. Texaco Wertz, Robert C., Esq. Thurm & Heller Western Relocation Management Tohill, Antony, Esq. Zummo, Richard, Esq. CGIVEN ASSOCIATES bego S2 CASHY / MISTHOS PROPERTY SOUTHOLD, NEW YORK REVIEW OF SITE DRAINAGE AND INSTALLATION OF POOL, SPA & PATIO AREA STEVEN L. MARESCA CONSULTING ENGINEER 188-07 W. MONTAUK HIGHWAY • HAMPTON BAYS, NY 11946 • (516)728-9480 • FAX(516)728-9484 October 18, 2000 • • ,. , . L 1 ,,, 1, 1""l . _ i6ARA4E . . HOUSE _•-________ DECK ` ` I LO cg7nat-1 54 - d 1 p�`1 W EL L 51NC+I.E STORY �L JVWLI�JJ SECTION OP HOUSE PROPOSED V POOL . /' A — — — �- / ---\ SPA 1g 54 l 52 DECK �~ 50 45-�_j---- • 44-- — TOP O VP 42—----- —35 40 —36 .ASHY/M I STHOS RAV I TGH/BLITZ PROPERTY PROPERTY SJTL LAI'QUT SCALE I " = 30' BEBE - ' --_-" - --. ‘ i . --- - W d p LU = O — CC w _ j3 . CASHY/MISTHOS RESIDENCE Z g } "'!w_ PROPOSED SPA • F— - d. J m � 'J 2 story frame structure oz . EL 54.0 I PROPOSED RETAINING 8 m _ WALL • Cf)PATIO EL. 50.0 v EXISTING DECK ELEV 50.0 RAVITCH/BUTZ -/ EL. 47.0 ;I RESIDENCE - STONE WALL .. ..• cc. 1 r - w!W • proposed 1� o_ z ool p EL 41.0 0,- 1 , t bedroom area EL. 36.0 �.-7- EL. 3/ 0 FIN. PLR. EL 36.5 /1. EL. 35.0 •baSTING DRYWEt_L.--7 basement '= ~ w CC w — . 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';',./• ...1.'.5?,,;;:* :...;:.),''',,'. .• 1...' ‘,.•-•''.‘'•,'..,:„:1,... .,..•,,,,,, ''',.,..5:4,7,..: i,,i-,,,,.,,,,1 .-.. „.-4 4,4%,,,,,,,,v.,N,-..._.,-..",-,...% •••,, ......... .-, .,,,.. „ .. . .... .- . View of a drain located in the rear of the Cashy/Misthos property. This drain presently catches some of the water runoff from the Cashy/Misthos property. The new patio and retaining structure will impede the flow of water to this drain. • F y ti, r+ •,` . ,,,• is w3 i s •-aA1� a*ma.31 k t d.. ' 0,7 �✓ 4 _..s t �� 'ems£ ... t c,."s < :` ,. • �, s � X t Sk vl' --ii, ��'.,er ,1, -i cif, - a...• E + ',I � ••Y t .1- 7' .11!, 3'-' ',Vt #-• iii t . r,f.' may,T 3 a;,,,.‘"t,„, '4..' �S' 'y1 S armo r4. i k� ', ''''. 4.-%,S.'"•,:.- '.41--,_ .."-11;LIM*--- .,-..-- zfre- .::."`-'.••;";'I‘'`it-'t'-`*--.41ePr• •.v.." 7 r 3.a 4 ;�..'b+�'v.,,}sr,'M� t .rte-w nor t +a ''-.N.4:-.N.;. + r e 'iY` 7 t'P } �.} - i r ,ft i ,.ns.. !-s ,1+`^.✓ "'"y x i aaw;ry : ,- w + , r -A a s R� .1 M "+'. , h s+ .sit' J 3 • • CT:.'.'. tY .`.mit`w A- •- '�. View of water erosion at the front of the Cashy/Misthos property. This soil erosion is below the front deck of the house. This is indicative of the quantity of water running from the front yard to the west side of the rear yard. The runoff of the front yard and driveway is not being controlled. it will overcome the capacity of any drywells in the rear of the property. . . JOB CO Sl`+C ( 1 /( I S. 11402 SHEET NO OF CALCULATED BY DATE �/� CHECKED BY DATE SCALE C�Z7A-'I a ( (A 6 0() Y1t4 i TF;(`(--( 1.--/FT-A- R... - F.-( I (--I-i? , L-,A01-4-i- 9 A1.. �r` 1-f4 V2OL --IuG T6--PPA, r r, /o ,.fit f�(0 3 F-r70(L-rte too bs--) /,z @,3c) - 1-13s F- [ , ( OD (g°) 62-7_) L , 37) i200 F" 100 % 1 �-r- 0 rC + ie10 6o)2 (t a `I s® 14 (6z) 742_ 66 ' 0 &0) (?A2) C. ��) " i22_ l Fb2 e1 Wit? r <� IAC �. -- PR-trlc. \(_ Co , 7747 4r. /)4`7 ( 1?;5564, ( c -7 - s t)Erir 1 , OF A. ' I (t)FT- 1 M CL A t '__ A. STORM WATER DRAINAGE DESIGN CRITERIA - All storm water collection systems shall be designed in ac- cordance with the following minimum standards and shall be submitted on design sheets to be reviewed by the Village Engineer. (1) Rational Method: (a) Q = AcI Q = Discharge in cubic feet per second (c. f. s. ) A = Tributary drainage area in acres within the subdivision and shall include areas outside the subdivision c = Coefficient of runoff of drainage area The following values of "c" 'shall be used: Type of Surface Flat Rolling Roofs 1.00 Concrete or Asphalt Pavement 0.90 1.00 Bituminous Macadam 0.70 0.90 Gravel 0. 25 0. 70 Lawn Areas 0.10 0. 35 Wooded Areas 0.10 0. 20 Rural Districts 0.10 0. 25 Parks, Golf Courses, etc. 0.10 • 0. 35 Agricultural Areas 0. 20 0.60 (b) "I" , the rainfall intensity in inches per hour, shall be determined by the following formula: I = 120 t + 20 where "t" is the time of concentration in minutes at the point of design. • (2) Closed conduits and open channels shall be designed using Mannings Formula: (a) V = 1.486 x R 2/3 x S 1/2 Where: V = velocity in feet per second R = hydraulic radius in feet S = Slope in ft./ft. The slope (S) shall generally be considered to be the slope of the pipe invert except that such slope shall be checked against the available hy- draulic gradient wherever the system dis- charges against an existing hydraulic head. - 1 - '. ob Wm° U' Iol�q APPRAISER'S QUALIFICATIONS PATRICK A. GIVEN, SRPA DESIGNATIONS: SRPA/Appraisal Institute CSA-G/Columbia Society of Real Estate Appraisers MEMBER: Senior member of the Long Island Chapter of the Appraisal Institute; Senior member and Past Governor of Columbia Society of Real Estate Appraisers; New York State Society of Real Estate Appraisers; National Association of Real Estate Boards; New York State Association of Real Estate Boards; Long Island Board of Realtors EDUCATION: A A.S. - Suffolk County Community College; B.B.A. - Hofstra University; Society of Real Estate Appraisers; Course 101, Introduction to Real Estate Appraising Course 201, Income Property Valuation Course 202, Applied Income Property Appraising Standards of Professional Practice Columbia Society of Real Estate Appraisers; Course I and II Attended numerous seminars and lectures on real estate appraising PGIVEN A : 5 0 C I A T : 0 APPRAISER'S QUALIFICATIONS (CONTINUED) PATRICK A. GIVEN, SRPA STATE CERTIFICATION: Patrick A. Given has been certified as a General Real Estate Appraiser by the State of New York, Certificate #46000000704 EXPERIENCE: Patrick A. Given is a real estate appraiser and consultant and is the owner of Given Associates, 550 Route 111, Hauppauge, New York 11788. He has been active in the real estate and appraisal field for more than twenty five years. Licensed real estate broker. Past Chairman of Town of Smithtown's Board of Assessment Review. Has lectured on real estate appraising at Stony Brook University and Hofstra University. Has prepared appraisals for the Federal Government, State of New York (various agencies), County of Suffolk, Town of Smithtown, Town of Islip, Town of Babylon, Town of Southampton, Town of Southold, Town of East Hampton, Town of Brookhaven, Suffolk County Water Authority, Incorporated Villages, banks, corporations, attorneys, estates, school districts and individuals. These appraisals have included all forms of real estate, such as residential, commercial,- industrial and leaseholds. Has testified as an expert in real estate values in the Federal District Court, Supreme Court of New York(both Nassau and Suffolk Counties)and New York State Court of Claims. Has been tested and qualified as a fee appraiser by the State of New York. FGIVEN ASS OCIA TES W _ REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Automated Data Processing CSW Associates Inc. Ahem, William F., Esq. Deer Park Fire Department Associates & Ferren DeNicola, Eugene L., Esq. Associates Relocation Company Devitt, Spellman, Barrett, Calahan, Attonito and Schoepelin DiCanio Organization Bank of New England Dime Savings Bank Bank of Great Neck DL Rothberg &Associates pc Bank of Smithtown Dowling College Bankers Trust Company East Hampton Housing Authority Bausch & Lomb Eghrari, Mark, Esq. Better Homes & Gardens Relocation Eichinger, Charles, Esq. Bivona, John, Esq. Empire of America Relocation Blydenburg, Donald, Esq. Environmental Conservation Boatmen's Relocation Management Episcopal Health Services Bracken and Margolin Erwin, John, Esq. Brown-Forman Corporation Executive Relocation Busch Properties Express Financial Services Byron Reed Transequity Extebank Cahill, Gordon & Reindel Exxon Corp. Cahn Wishod & Lamb Farber Estates Campbell & Miller Farmingville Fire District Castle Auto Parts Figgie International Cendant Mobility First Mortgage Network Charwat, Mark S., Esq First National Bank of Maryland Chase Bank of Texas. First Pioneer Farm Credit Chase Lincoln First Bank Fishers Island Garbage & Chase Mortgage Corp. Refuse District Chemical Bank Geico Insurance Chicago Title Insurance General Foods Circuit City Stores Genesis Relocation Cohen & Warren Glynn & Mercep Coldwell Banker Relocation Goldstar Credit Corporation Commack Public Library Grumman Corporation Commack Medical Associates Grundfast, Michael Esq. Commonwealth Relocation Guide Dog Foundation Corporate Relocation Management Inc. Haring, J. Christopher, Esq. County of Suffolk Department of Public Hauppauge Fire District Works Hebrew Academy County of Suffolk Department of Law Hirsch Fuels, Inc. County of Suffolk Planning Department Historic Preservation County of Suffolk Real Estate Division Home Insurance FGIVEN ASS O : ATES I u • - ) J REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Homequity Nesconset Fire District Hunter Turbo Corp. New York State Department of Huntington Community First Aid Transportation Insurance Auto Auctions New York State Parks, Recreation and Intelicom US Inc. Historic Preservation Island Resources Foundation New York State Office of Mental Kane, Mary F., Esq. Retardation & Development Disabilities Kasper Properties New York State Attorney General's Kennedy, Bruce, Esq. Office Key Bank New York State Department of King, Donald, Esq. Environmental Conservation Kings Park School District New York State Dormitory Authority Klein, John V.N., Esq. New York State Facilities Development Kodak Corporation Kraft Foods N.J. Trust Company Lamb & Bamosky Nixon Hargrave Lawrence Aviation North Suffolk Medical Association Legacy North County Realty L.I. Adolescent & Family Services North Fork Bank Leyden & Kenney North Shore Surgi-Center Lite, Russell &Acocella Northville Industries Corp. Long Island Lighting Company NYNEX Long Island Savings Bank P.H.H. Homequity Loral Information Display Systems Pacific Ventures Mattimore, Timothy J., Esq. Pall Corporation McCarville Ford Peconic Bank McDonald's Corporation Peconic Land Trust Inc. Meyer, Suozzi, English & Klein Petersen, Charles, Esq. Michigan National Bank Pinks, Arbeit & Nemeth Miller Place School District Pinnacle Group Miteq Inc. Pistell, Joseph, Esq. Molloy, Kevin, Esq. Post-Morrow Foundation Morgan Guaranty Trust Company Prudential Relocation Morris & McVeigh Quantuck Beach Club Inc. Moses & Singer, LLP Racanelli Associates National City Bank Raisman & Gerardi National Park Service Ralph Oldsmobile National Residential Inc. Rand Consulting Group Inc. National Equity Inc. Real Property Service Bureau Nations Credit Relocation Group Nature Conservancy Resolution Trust Corporation rGIVEN & S : . = I A T E 5 • ; 'Page`8 - July 6, .YL Transcripts of Hearings . .T ., Board of Appeals 6:51 P.M. - Appl. No. 4837 - HARRY CASHY & MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the 'top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold. Parcel 1000- 50-1-3. ,;CHAIRMAN GOEHRINGER: Mr. Cuddy, can I 'have the Affidavit of, Posting. (Affidavit handed up). How are you tonight Sir. CHARLES R. CUDDY, ESQ.: Fine, thank you. CHAIRMAN GOEHRINGER: You might just as well stay right up there, we're ready to go. Any time your ready, Mr. Cuddy. MR. CUDDY: I'm Charles Cuddy. I represent the applicants who have property at Hyatt Road, in Southold. This is an. application to permit to go into the bluff area 26 feet from the top of the bluff line. The purpose of that is to build a pool. The pool is to have surrounded a brick patio area at the ground level. The patio will be in sand. It will not be in concrete. So there won't be anything affected' seriously by it. The pool as shown on the survey is a pool that in dimension.'is 40 x 20 x 18 feet. The patio area itself is 70 feet across, 30 feet deep. This house was built at the site that it's on because the location was dictated by the Health Department. The applicant could not go forward of the line that he is on. That is, could not go closer to the street because the well and cesspool constraints dictated by the Health Department put his house right where it is. Mr. Ingegno is here, who is the surveyor, and can also indicate to you but I am stating it to you on behalf of the applicant, that his house'is therebecause that was where he had to put his house. What we're asking the Board for is essentially a 26 foot variance to permit that patio area and the pool to go into the bluff area. We're aware of concerns that have been expressed about drainage. I'm aware of the Suffolk County Soil & Water Conservation statement. We have delivered today and I believe as part of the record Mr. Chairman, a statement from Cronin & Cronin Engineers indicating, that they're satisfied that we can place sufficient drainage at this site, sufficient capacity drainage rings so that there won't be any run-off that will adversely' ffect any of the neighbors. • We believe that this is an appropri to application. Certainly having a swimming pool along this area is not an u usual amenity to a house. It's an amenity that a lot of people have. Unfortu ately, because of the location we have to somewhat into the bluff area. But ur engineers have indicated and I think the County confirms it that this does of destabilize the bluff. The main t .Page.9 - July 6, 20(;', Transcripts of Hearings i-M Board of Appeals ) concern is with drainage. We would say to you two things. That one, we will have an engineer certify that the run-off will be contained on our site, and we will produce that at the end of our construction so that part of getting the C.O. will be that we will produce for you an engineer's certification, that there will be no run- off that cannot be contained on our site, and that we have sufficient drywells to contain that. We also note there was some concern about the fence going into the foliage area. We will move the fence back if the Board desires so that it does not cut into that area. For those of you who have been here, this is a long walk down the steps but this is a well-vegetated area. This is not a bluff that's in any destabilization. I would think at this point, that what the applicant is saying to you is that he recognizes that he is asking for a variance. The variance is not a significant variance but it is a variance going to the bluff area. It does not cause destabilization. But we are aware of drainage concerns, and we will take care of all of those concerns. I'd be pleased if the Board has any questions. And to let you know that the Cashys are here. As I said, Mr. Ingegno is here and we are as I said, willing to produce a certificate from our engineer that we have taken care of the drainage concern. CHAIRMAN GOEHRINGER: Two quick things. The pool itself would not be linked to the house in any way, is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: Because we have a brick patio laid in sand which there is no way to anchor that to the house. Number 2, I think we've gotten to the point when we deal with these applications that we are significantly going to be discussing gunite pools as opposed to liner pools. Is this a gunite,pool? MR. CASHY: That it is. MR. CUDDY: I believe it is. Mr. Cashy says yes. CHAIRMAN GOEHRINGER: And I'm saying that in general. I'm making a • generalization because of fragile nature of The top of the bluff. Basically, a gunite pool is even more substantial than the foundation that the house is sitting on. MR. CUDDY: The answer to that is, that it will be a gunite pool. Page 10 - July 6, `,__0 - • ' . . Transcripts of Hearings Board of Appeals - i CHAIRMAN GOEHRINGER: At that juncture, this pool is never anticipated to be enclosed. Is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: We'll start with Mr. Dinizio. Any questions Sir? MEMBER DINIZIO: Well, it looks to me like according to these contour lines, that you can start at about 50 foot contour, and go down to 42? - (Adjusted microphones at this point.) MR. CUDDY: Yes. : MEMBER DINIZIO: How does that, how is that going to be built? Are you building it up, or are you digging into - MR. CUDDY: On the east side we'd be digging in. The grade would come out of the middle, and we go down on the east side and try to maintain thegrade as we go along to the west side. ) MEMBER DINIZIO: So you'll probably build it up where the hot tub is, and lower it? MR. CUDDY: Yes. MEMBER DINIZIO: So, what are you putting you know, on that side of the-, what's going to hold that pool and the sand and all of that on the - MR. CUDDY: There's going to be a retaining area that's going to built along the edge of it, so that that will be behind it. MEMBER DINIZIO: Is that wooden or concrete? MR. CUDDY: Yes, it should be wooden. It shows it on here but that's what it is. MEMBER DINIZIO: So, your drainage and that, how are you going to attack the drainage? MR. CUDDY: The drainage will be, two piped then will be off to the side, so it'll be the low point of trying to catch which is coming to that little point of the right because it goes across approximately 10 to 12 feet as it goes across the lot. 1 Page 11 - July 6, ' Transcripts of Hearings Board of Appeals MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: I think I'll pass for now, Mr. Chairman. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: I'll reserve my comments. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: I won't ask any questions at this time. CHAIRMAN GOEHRINGER: OK. So, I guess what we'll see is what we'll develop throughout the hearing. As you know, we have a request to hold this hearing over until the next regularly scheduled meeting, and we'll deal with that aspect at the end of the hearing. } MR. CUDDY: Thank you. CHAIRMAN GOEHRINGER: Is there anybody would like to speak in favor? Does the Board have any questions of Mr. Ingegno? Mr. Ingegno has become a renowned surveyor in this area, and I see him on all kinds of stuff. Any questions of Mr. Ingegno while he's here? I guess not. We thank you for coming. Anybody else like to speak in favor of this application? Anybody like to speak against the application? Yes, Ma'am. Would you state your name for the record. - MS. BUTZ: Yes, Sir. My name is Mary Butz, and I am one of the owners of 2022 Hyatt Road which is right next door. CHAIRMAN GOEHRINGER: Standing on the street, is it on the left or the right? MS. BUTZ: On the west. CHAIRMAN GOEHRINGER: On the west side. MS. BUTZ: I'm on the right. I'm going down the road. CHAIRMAN GOEHRINGER: You're going down the road more towards - BOARD SECRETARY KOWALSKI: It's on the left though. Page 12 - July 6, 0 • • • Transcripts of Hearings Board of Appeals MS. BUTZ: More towards Kenny Beach. I'm from Brooklyn. East, west, these are difficult issues. CHAIRMAN GOEHRINGER: I'm sorry. MS. BUTZ: Alright. CHAIRMAN GOEHRINGER: I didn't mean to confuse you. MS. BUTZ: OK, anything of that nature can. I first became aware of this on, think it was Thursday evening that this was going on. Apparently the registered s letters were sent to the. previous owner as opposed to us: And I wrote a handwritten letter which nobody does today. Everybody does computers so you can tell how distressed I was. A handwritten letter, and presented it to your office on Friday, in the hope of having this be a continuance. Continuance which is what I believe it is called, and the very little time that I've had between then and now, since it's Independence weekend, I mean you try and getting somebody. The very little time I've had between then and now has led me to believe that a very minor investigation that I've done, has led me to believe, that \ this will be harmful, very, very harmful to the property that I own. The drainage �f issue is an issue of tremendous concern to me. The inquiries I've made of the people who have lived in the area, neighbors, people who have been there, and the previous owner, all, everyone has told the same tale, and that tale is, when this house was built that that property formerly the Lowell property suffered enormously. The lawn was flooded, the basement was flooded and the path going down to the beach was flooded as well. They're terrific drainage issues. I'm in the process of trying to find out who to hire about this and where to go about this. But that taken aside, my novice not knowing east, west, north, south, left or right. My novice analysis of this is, that I am firmly opposed to it for several reasons. (1) certainly my own holdings; (2) the impact it will have on the bluff. I invested my life savings, and this is my primary residence in that piece of property because it was beautiful and I want it to remain so and I cannot be clearer about this. And it's uncomfortable because these folks are nice neighbors and this is an uncomfortable kind of place to be but I cannot be silent and I know there are several others who - CHAIRMAN GOEHRINGER: Can I share something with you apart from the drainage issue and I brought this up before and I don't mean to be redundant with this Board, but it's very important that we do so. This Board took over a series of three meetings. A pool issue in Mattituck with a bluff that's higher than yours, that's not a sarcastic statement, OK. It's equally as beautiful as yours and f the applicants. However, much more frail in reference to the foliation of the bluff `Page 13 - July 6, 2C,— • Transcripts of Hearings Board of Appeals } and the stability of the bluff. And they brought in engineers and again, this has nothing to do with the main issue. I think that one of the main issues that your concerned about is the issue of drainage at this point. They brought in engineers and there was an engineering study done that the weight of the pool with the water in it was actually lighter than compacted soil as rain water hits it and compacts it down on the property. And we found that to be a very interesting aspect in dealing with these particular applications. So the Board very simply does one thing. The first thing we do is we contact Soil & Water Conservation. I don't know if you get a copy of that report. MS. BUTZ: Yes, I got it, I was able to get a copy today. CHAIRMAN-GOEHRINGER: We don't construe_that to be law, but we are very happy, that there is an agency out there that assists us in looking at these applications. Number 2, based upon my conversation with counsel, we make sure that these accessory structures are never linked to the house. Number 3, you heard me say, that we are concerned about the pool and its stability and that is, is it a gunite pool and we are with the understanding that it is a gunite pool. Number 4, the drainage issue because pools occasionally, the pool filter has to be reversed and sometimes the pool itself overflows based upon water or whatever the case might be. And these are all issues that concern us apart from the other main drainage issue that you're concerned about, which you're investigating. I am not speaking for this Board. I'm speaking as an individual. I've been here a long time. I'm not saying that I'm a well-versed person in pools on bluffs. We do grant a substantial amount. Most of them we push them back a little bit farther. We shrink the pool a little bit and we go back and look at it when they're done and they really have very little environmental hazard once they're completed and they go through our review. And I have no objection in giving you the time to evaluate this drainage issue. But what I need to do, is make an appointment with you on a Saturday and go over and look at your property because I want to see your concern from a grass roots point of view. I'm not going to discuss that concern with you at that point. I'm just very simply there to see how your concern basically lines up with everything that we are discussing here and in no way am I second guessing your concern. These are very valuable pieces of property. These are extremely probably the nicest pieces of property in all of Southold on the Sound. What's the date of our next meeting? BOARD SECRETARY KOWALSKI: August 10th. CHAIRMAN GOEHRINGER: August 10th. What's the weekend before that? That is Thursday, somewhere around the - Page 14 - July 6, 0 Transcripts of Hearings Board of Appeals MEMBER COLLINS: 5th. CHAIRMAN GOEHRINGER: 5th, OK, alright. MS. BUTZ: 5th of August? There are several people who wish to speak as well. CHAIRMAN GOEHRINGER: Yes, I know. I think what I'll do is, if you will just leave us your name and telephone number and I'm not positive I'm going to be here on August 5th, but I'll be here the weekend before that, which is seven days prior, which is the end of July. So, if I could meet you out here and you know, just take a look at the entire area because that concerns me deeply. MS. BUTZ: I'll have to check my business schedule. I travel quite a bit, so I'll have to find out. I even stated that in the letter as well. So this just hit me like a bolt of lighting. CHAIRMAN GOEHRINGER: I understand. • MS. BUTZ: And there are several others who wish to speak. CHAIRMAN GOEHRINGER: Surely, we'll continue. Thank you. --- ' MEMBER DINIZIO: Can I ask a question. CHAIRMAN GOEHRINGER: Oh, wait, Mr. Dinizio has a question of you Ma'am. MEMBER DINIZIO: You mentioned about when they built the house. You said, _ it caused problems on a piece of property that you currently own? MS. BUTZ: Correct, yeah. MEMBER DINIZIO: Has that been corrected MS. BUTZ: To my knowledge yes. For the current disposition of the house I believe yes. MEMBER DINIZIO: I mean do you live there now? MS. BUTZ: Yep. MEMBER DINIZIO: So you have no complaints about what happens now when it rains with the house there? Page 15 - July 6, 2C, i Transcripts of Hearings . /,_ Board of Appeals MS. BUTZ: No, not yet. I've only lived there since September 19th. MEMBER DINIZIO: OK, no, no, no, I understand that but what I'm looking at here is, do we know what they did to correct that problem,'or was it just - MS. BUTZ: That we have to do some investigation on. It would only be hearsay at this point. MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Good evening Ma'am. MS. RAVITCH: Good;,evening. My name is Diane Ravitch. I am co-owner of 2022 Hyatt Road. I was recently appointed a Member of the Southold Landmark Preservation Commission and our house is not yet a landmark. Yet, it may soon be because it's a original part of the Marshall Estate which was moved from about a mile east of where we are now. I'm very unhappy about having to be at the hearing because I think the Cashys are lovely people, and very fine neighbors, and it's a very uncomfortable position for neighbors to be in, so would wish that this were not taking place. But my concern was, first of all we didn't receive notice. I received a registered notice, a registered letter yesterday giving me in effect 24 hours notice. Now the Clerk of this Commission knows that I stopped by Friday, because I heard from neighbors, that there was going to be a hearing and I don't think, that is an appropriate way for a next door neighbor to find out about it, and there was some confusion about why the letter was sent to the previous owner because we've owned this property since September, and we do get tax bills. They haven't missed us once on getting reassessed and so forth. My concern in addition to not getting notice, and not having time to investigate this is that there is a very different pitch in the property between one that's under consideration and our as an next door neighbors. Their highest point at the eastern end of their property is 54 feet high. Their lowest point I believe is 40 feet. So, they have a 14 foot pitch on their property, rolling down to ours, and our then drops then to about 35 feet. So, it's almost a 20 foot drop and we saw an architect today who said, your property is a catchment basement for the property next door. So, our drainage concerns are very serious concerns. We're very concerned, that this could have an impact on what is a historic house which is 100 years old, and we feel that our property is very much aggress from the kinds of changes that are being proposed and there would have to be very extensive preparations made to assure us, that our house will not be flooded as.it was before, and we learned only today, the full extent of the damage which was that the lawn had to be replaced, the driveway was damaged, the whole area was under water as a result of the work under Page 16 - July 6, ___0 Transcripts of Hearings Board of Appeals construction. So, needless to say, this is not just an esthetic issue, it's a very serious structure concern for us. Thank you very much. CHAIRMAN GOEHRINGER; Thank you. MEMBER COLLINS: Mr. Chairman? CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: Before this lady sits down. MRS. RAVITCH: Yes. MEMBER COLLINS: I'm sorry, I just want to get clear in my head, which property is yours. MS. RAVITCH: 2022 Hyatt Road. MEMBER COLLINS: I'm sorry. MS. RAVITCH: I'm sorry, it's the property directly to the west of the Cashy property. MEMBER COLLINS: Oh, that's formerly Lowell? MS. RAVITCH: The former Lowell property. MEMBER COLLINS: I'm sorry, I thought formerly Lowell was Ms. Butz's property. MS. RAVITCH: No, we're co-owners of this property. MEMBER COLLINS: Oh, thank you. The same property. MS. RAVITCH: Thank you. CHAIRMAN GOEHRINGER: Next person. Yes Ma'am. How are you tonight? MS. JUDGE: I'm Diane Judge along with Peggy Hadley. I own a house adjacent to the capping of this house, just above the Butz-Ravitch house, on half the lot. I'm not against swimming pools. I wish I could afford one what with the jelly fish. But I'm here to voice objections to the consideration of variance. To use 26 illegal feet of dunes for the purpose of building a swimming pool, hot tub and Page 17 - July 6, 20uu Transcripts of Hearings Board of Appeals brick terracing, into the precious dunes on the Southold inlet. The point is, that between Horton's light and Kenny Lane, there are some 20 houses maybe. I don't know, I've never counted them. Most of them cannot be seen from the magnificent beach along the sound. What happens if the Town of Southold allows its law against encroachment on the beach to be bent this one time? Why Mr. & Mrs. Toedter, the people who live on the eastern side of Misthos's house, will be on the phone next year themselves asking for a similar swimming pool, and how about Jack LeLane, he'll be there next, and probably even Diane Ravitch and Mary Butz will start thinking about putting in a swimming pool. I mean Liz Worths, Otto Lindermayer, Rayne Norman, the Lesters, the people who own Zone Bluff. I noticed last week they're surveying the only empty lot on this road. Obviously it's for sale. Once you see a beautiful swimming pool right •nr: on the dunes you have the right= to expect that you can do the very same thing yourself. Certainly, someone new will see that and want. We are being ask to give 26 feet of dune. That's one-fourth of the illegally forbidden zone. They can't do it all from one side. Bulldozers, backhoes, cement throwers, they have to go around. They have to cut into this dune no matter what anybody says. It's not possible to do it in any other way. To grant this variance would be opening too many steps to too many diving boards. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally configures to the run- e off. Much of the woodsy sites on the hill have been converted to lawns, and in some case nothing but muddy driveways to accommodate the trucks. I'm sorry, I'm out of whack here. I left out a paragraph. Let me back-up a second. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally contributes to the run-off. Much of the woodsy sites on the hill have been converted to lawns, and in some cases, nothing but muddy driveways. East of this location, just such a driveway and drain pipe, and I do . think they put in a drivewell to take off the runway after they built the house. And I personally saw the'damage that was done to the Lowell's basement, and to their lawn which the people had to reseed at least three times in the course of one summer. Plus the Lowells had to put a tar strip on the bottom of their driveway and a cement thing guiding the water down because there is a right-of- way, where seven or eight houses use of this path to the beach which was once a for road runners. It's the only natural cut in this point of the island, and this is only going to add further to the erosion of that beach. If you go down there today, you will see half of the sand and dirt from the Lowells, abuts Ravitch's property out on the dunes. Just to the east there's a house that has a similar drain pipe whether it's legal or illegal I don't know but they have a driveway and a drain pipe leading out to the dunes, and last year at least 35 feet of dune fell into the sea. All of these enormous big black pine trees, you can still see their trunks as you're sitting on the beach. They lost their steps. They lost everything. And my concern really is not as I say about swimming pools. I think the people are lovely people. I don't object to anything they're doing except the Page 18 - July 6, __ _0 ' Transcripts of Hearings Board of Appeals „-, law. The laws must be fair and sound to begin with. You all made them. assume Southold fathers who go to Zoning Law deemed it to be fair and correct. It would be unfair, and incorrect to everyone on Hyatt Drive. Everyone who uses ' the public beach, and all of natures creatures who depend on this habitat of what: was and could still be the bucolic North Fork. I cannot see again you bend the law this time, you're going to be bending it 14 or 15 times in the next few years and that was my objection. Thank you. CHAIRMAN GOEHRINGER: Thank you. Next person. Good evening Sir. MR. MULLADY: Good evening. My name is John Mullady of. My wife and I own a parcel of property. Five parcels to the east of town property in question. Again, I'm not here to.,discuss swimming pools, except one correction that the gentleman who was talking earlier said there are numbers of swimming pool up there. There are about 36 home sites in the area ( ) an extension. As far as my knowledge there are two pools. So, I mean, a number of, yeah, two is a number. All I wanted to say merely was that a ruling of 100 feet, I don't think that was pulled out of the air by somebody who said, that's a nice number. 26 feet is a quarter of it. To take the quarter of this piece of wood which is if it were solid to the floor, take a quarter of it off, and cut out what's holding it by at least 14 feet on one end, and maybe 8 on the other end, you've got a tremendous whole line made here. That's going to be petitioned or supported by ( ). Will it work? Well, there's one way you can find out is to do it. However, I would just like to mention, that the property directly contiguous to ours, on the east, two years ago, one Saturday night, the entire top of the bluff and vegetation disappeared, and the gentleman who owns the property was away, came back that night, Saturday night, got up Sunday morning and looked out and said, what's different out there? What's different out there was that it was all gone. Why did it all go because he was building? No, he wasn't building, there were no machines back there. He wasn't digging anything. The house has been there probably for 15-17 years. There's been nothing changed there except this thing went one day. Why did it go? I have no idea. I asked Mother Nature but she hasn't you know, E-Mailed me back yet. These things happen. Unfortunately, they happen. I'm next door. I lost some bluff. I'm concerned about all of the bluff. If you go from the Lighthouse at Horton's Point, east or west, you will see where it's eroded, and I know you people have all seen that. Peconic Shores, part of it, is a disaster. We have some vegetation on the bluff? Yes, sure. The property next door to me was highly vegetated. Overnight it wasn't. He wasn't putting in a swimming pool. I'm not saying that would make it happen or not happen. But it seems to me, you're going to cut out that big a piece of property, and that much of a retaining a natural retaining behind it, something is going to change there. I would prefer not to see it change that way. It seems to me, that the rules are the rules, and breaking them or bending them, for something of this Page 19 - July 6, 26u Transcripts of Hearings �� Board of Appeals nature, I think is poor establishment. Terrible precedent that a lot of people here today, or tomorrow might regret. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Yes Ma'am. MRS. TOEDTER: I'm Mrs. Toedter. I'm on the other side of the property. I did send a letter. Did you enter that into the file? CHAIRMAN GOEHRINGER: I believe we did. MRS. TOEDTER: The letter? CHAIRMAN GOEHRINGER: I believe we did. - MRS. TOEDTER: OK, but one point that no-one else seems to make is, we own our pumps and wells are in the back and the cesspools are in the front, naturally we had to do it that way. If anything happens when they put in the cesspools with all the septic systems and everything, I don't know that what do you do with your, if they disrupt wants going on there? I think there's a lot of big problems ) that could go on up there. CHAIRMAN GOEHRINGER: We would hope there's no disruption. MRS. TOEDTER: We would all hope. CHAIRMAN GOEHRINGER: When you say in the back. You're saying the cesspools are in the front of the house, or in the back of the house? MEMBER COLLINS: Roadside. MRS. TOEDTER: It depends on what you're calling the front. MEMBER COLLINS: Roadside. CHAIRMAN GOEHRINGER: You're on the roadside. MRS. TOEDTER: Actually on the dirt roadside and the cesspools - CHAIRMAN GOEHRINGER: Let me just say one thing, OK? The third lady that spoke tonight concerned herself about heavy machinery. We've gotten this thing down to the point, when I say thing in general, I'm making a generic statement. We allow one backhoe, alright. One small to medium size backhoe in the construction of these pools. I don't care if it costs the man 20 or the lady Page 20 - July 6, _ _) ry Transcripts of Hearings • Board of Appeals $25,000 to pump the cement in over the top of their house with a cement pump. But there is no heavy equipment allowed in the construction of any swimming pool in the Town of Southold, on a bluff, on a dune, at this particular time, if it's granted by this Board. That is clearly stated within these decisions, and we have started this process also. I am not orchestrating. I am not pushing for the swimming pool in any way, manner or form. I'm just telling you, that we are trying to take every possible precaution. That is - MRS. TOEDTER: The weight of the cement and the weight of the water? CHAIRMAN GOEHRINGER: Everything is taken into consideration. We are not an environmental group. But I assure you, if it requires triple layering of some type of barrier when it's being..constructed. I'm talking about straw or hay or anything. The least amount of defoliation of the grassed area when it's being constructed, so on and so forth. These are very important factors for us to concern ourselves with in the construction of these pools. Again, I'm not orchestrating this application. I am not trying to push for. I'm just telling you, that these are things that we do. When the swimming pool is done, we go back and look at it. (change tape) between the houses to the west, and that concerns me, and that's the reason why I want to look at them. I want to look at this Valley issue that's in between. I'm not an engineer but I want to look at it anyway. I've v' been doing this for 20 years, and I want to see what these ladies are talking about. r MRS. TOEDTER: Is there a cesspool right there where they want to put the pool? CHAIRMAN GOEHRINGER: No. MRS. TOEDTER: There's a pipe. I guess that's the drain. CHAIRMAN GOEHRINGER: I have no knowledge of any cesspool. The cesspool is in front of the house. MRS. TOEDTER: OK. CHAIRMAN GOEHRINGER: So let us do our job. You know we're going to carry this on to the next hearing and I will look at that in between the two hearings. I think this lady in back had a question there but we'll wait until you sit down. So, we'll take all of your concerns and we'll deal with them and that's why your here to voice your concerns. Page 21 - July 6, 2(A d Transcripts of Hearings Board of Appeals MRS. TOEDTER: I thought maybe you had already investigated and that's why you're - CHAIRMAN GOEHRINGER: I have been to the site. I am very.:happy about the bluff itself because it's not that frail. In reference to it's very well foliated and you know, that makes me very happy. Unfortunately, I had shorts on that day, and get poison ivy like you will not believe, so I did not walk anywhere, maybe within 30 feet down the bluff and I didn't go all the way. Normally I go all the way. But we will take everything into consideration. So please - MRS. TOEDTER: I'm sorry I missed the beginning of the meeting. I didn't know if I could get here. That's why I wrote the letter. You took into consideration the fact that you passed a law,c:and now they want the circumventure of law, and you'll probably pass the law- CHAIRMAN GOEHRINGER: Can I just explain this? I said this at nauseum, and this has nothing to do and I will reflect upon this also. When this.law went on the books, I discussed it with the orchestrater of the law, and I told him, that this will create a tremendous problem for people that have existing dwellings, and people that want to build new dwellings, on smaller lots. This is not necessarily a smaller lot. But we had heard from counsel, that they were mandated to put • the-house in this location. That does not mean that we constantly push this 100 foot issue. The orchestrater of this law told me, all he wants us to do is look at every individual application, and he wants us to minimize the type of construction that we have. That doesn't mean the law doesn't stand. It stands. Only this Board can vary it and only this Board will vary it, and that's the way it's been since the law has been effect. MRS. TOEDTER: What is itlike between houses, because you know someone calls it's pretty, they carry the sound and that's why I'm trying how many feet it has to be from another house? CHAIRMAN GOEHRINGER: There's no law in that respect. MRS. TOEDTER: Because I know the people below them, their bedroom, the Lowell's bedroom is right next to the water there, and that's the water ( ) over and if a pool were there, you could hardly even and people were jumping in and out at night, they could hardly use that room as a bedroom. CHAIRMAN GOEHRINGER: I see. MRS. TOEDTER: There's no law about that? Page 22.- July 6, :_....0 Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: So let us do our job. Let us continue the process throughout this hearing, into the next hearing which will be in August and we will report back to you what we found, and we always do, and then we'll - MRS. TOEDTER: We're unfortunate are on that side of the bluff, because we don't have as much on the other side but it's starting, and just last winter what use to be better crossing to that bulkhead down, and so it's a, it's been fragile. CHAIRMAN GOEHRINGER: They are fragile. Thank you. MRS. TOEDTER: Thank you. CHAIRMAN GOEHRINGER: Ma'am, I believe you had, I don't mean toxpoint at you, but I believe you had a question before that you wanted to - MS. : When you said no heavy equipment. How big is a truck that brings the water in alone? CHAIRMAN GOEHRINGER: The truck has to remain in the front of the house. There is nothing that is allowed to the rear of the dwelling except for, except for a small backhoe to dig the hole. That is it. That's the condition. MEMBER COLLINS: Mr. Chairman, can I put two cents in? CHAIRMAN GOEHRINGER: Yes, but this lady hasn't - MEMBER COLLINS: Oh, I'm sorry. I thought Ms. Butz had finished. CHAIRMAN GOEHRINGER: I'mfsorry, again I apologize for pointing at you. MS. MITZNER: I know this is going to be ( ). I feel very strongly about it. Terry and Jennie had me here tonight cause I - CHAIRMAN GOEHRINGER: We need your name for the record. MS. MITZNER: Melanie Mitzner and I bought their house on 1050 Hyatt Road. And I have, I was in on the hearing on the other, well I wasn't on the other side .`£s_ because I was happy that the property was'large and they couldn't develop it: When a very delicate ( ) system they are more protected and there is a bluff that has collapsed within five or six properties or less in that area, just due to north eastern rainfall run-off tide, whatever you know is happening. I think that building in that location is taking an undue risk, and the bottom line is; when it's nature against man, we all very well know who wins out. Page 23 - July 6, Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Thank you. You want to make a statement Ms. Collins? MS. BUTZ: Sir, when is the next meeting going to be, did you say? MEMBER TORTORA: August 6th. MEMBER COLLINS: No, 10th. CHAIRMAN GOEHRINGER: August 10th. MS. BUTZ: 10th, OK. I have to see you after this, is thatcorrect? CHAIRMAN GOEHRINGER: No, if you would call me tomorrow. Call the office tomorrow and just leave your phone number and we'll set up some date that's convenient for everyone. MS. BUTZ: OK. _ 4 CHAIRMAN GOEHRINGER: I mean it's not necessary if this nice lady sitting next to you is going to be there, you don't have to be there. MS. BUTZ: I own 50% of it. I want to be there. CHAIRMAN GOEHRINGER: OK. MS. BUTZ: This is my primary residence. CHAIRMAN GOEHRINGER; I understand. I mean I'm not trying to strip you of that. MS. BUTZ: It's not my summer home. This is what I own, but I wanted to ask one more question. CHAIRMAN GOEHRINGER: Sure. MS. BUTZ: I have to go and check my calendar. I may have to postpone this. We may have to have another discussion like I don't know if I'm going to be here August 10th. This all came like gang busters. CHAIRMAN GOEHRINGER: I understand. Page 24 - July 6, : 0 • Transcripts of Hearings Board of Appeals MS. BUTZ: Alright? MEMBER HORNING: Mr. Chairman. That particular lady I think is the one who rnentioned the right-of-way. Can someone tell us more about it?- This is of-way that you say is used a - MS. RAVITCH: On the property that we jointly own there's a right-of-way and there are several families that are entitled to. come through that right-of-way to the beach and it's on the west side of the property that we own leading from our driveway down to the beach. MEMBER COLLINS: It's a footpath, right? MS. RAVITCH: It's a right-of-way. It's a footpath. MEMBER COLLINS: Footpath, OK. MS. RAVITCH: And it was as I mentioned earlier washed out during the construction of this home. This home by the way, was constructed after the passage of the 100 foot requirements as I understand. CHAIRMAN GOEHRINGER: H'm, h'm. OK, Ms. Collins. MEMBER COLLINS: Mr. Chairman, I just wanted briefly to address a couple of comments to the neighbors which I think they deserve to hear from us. We hear frequently at this Board, we must obey the absolute letter of the law. The law is the law. Someone here tonight used the word, circumvent with respect to the request for a variance. It's not circumventional of law. The State of New York, the Law of the State of New York, says that if a locality has zoning setbacks and other things like that, a locality must have a Zoning Board of Appeal as an Appeal Board for people who are unable to do what they want with their property because of zoning and our job is to balance and to weigh and the State tells us that's our job. And the laws are on the books, and the laws are the laws and it's our job to hear appeals from them and it's not circumventing the law. I just don't want you folks to think, that there's something predacious about our appeals process. This is the way it's suppose to work. Thank you Mr. Chairman. y MEMBER DINIZIO: Can I make a comment also that may be helpful to you folks? CHAIRMAN GOEHRINGER: Sure. Page 25 - July 6, 26. Transcripts of Hearings - ---_-) Board of Appeals MEMBER DINIZIO: If I were to hear from say, an expert on your side. Say you go out and find an expert on your side, I'd want to hear about three things. One is if that erosion is still going on from the house and whether it's still effecting your property? The second one is, if I could hear an expert tall-=me, why that bluff that you say went down five lots, why it went down? Give me a reason because living here all my life, it doesn't just happen overnight. There's always some way, some how something has happened, and if you can bring a reason and I'm not suspecting what the reason will be good or bad to this applicant, but certainly would be helpful for me if you want to inject that into this conversation. If it's helpful to you, good. If it's not, you know, maybe you don't bring it up. And certainly, I think that the 100 foot setback as I've always seen it, you know, it's just that. It's a 100 foot setback and you try to live by that, as much as you , possibly can but when the other zoning laws, the other laws gave him a waiver, a person a use of his property, you know he has to have a place to seek relief because you know he's a taxpayer just like anybody else. And I can probably say from my point of view, that this application will look much different when we're done with it, and I know you're probably all friends and I hope you all leave friends, but if you can inject and try to show us you know, why, give me a concrete reason as to why you think that this particular pool will cause any erosion at all. You know there are experts. People that may be able to say, give a good reason for that. I'm certainly willing to hear it. I do know seating on this Board now for 14 years, you can build this close to a bluff, and you can do so without disturbing that bluff. But you know, if you have concerns, and you know, express your concerns to an expert and he can explain to us, I have no problem whatsoever, you know believing that fact. Thank you. CHAIRMAN GOEHRINGER: OK, we are at this particular point, we have _ requested, oh, you want to say something? Pardon me. MEMBER TORTORA: I just like to ask the attorney for the applicant. CHAIRMAN GOEHRINGER: Mr. Cuddy. At that point, if it's alright with everyone then we're going to recess until the next regularly scheduled meeting. MS. BUTZ: Or later if necessary. CHAIRMAN GOEHRINGER: You'll have to send us a letter on that respect. MS. BUTZ: I shall do so but I want that on the record. CHAIRMAN GOEHRINGER: Right. Mr. Cuddy. I don't know if he can hear you. Page 26 - July 6, _0 ` ' Transcripts of Hearings Board of Appeals - -. I MEMBER TORTORA: How high is that retaining wall? MR. CUDDY: The retaining wall that's on - MEMBER TORTORA: The retaining wall of, the timber retaining wall that holds the brick patio? MR. CUDDY: You mean the proposed wall - MEMBER COLLINS: The proposed. MR. CUDDY: There, I think probably Mr. Ignego could say how high., MR. IGNEGO: It's going to be approximately 4 to 5 feet high. They intend to dig into the east side by about 3 feet and then-fill to about an 8 or 9 foot difference in elevation. MEMBER TORTORA: It's going to be graded? MR. CUDDY: It's going be graded to the middle. MR. IGNEGO: The middle will be thecenter grade and then they'll cut into the eastern and fill to the west. - MEMBER TORTORA: OK, the other thing I was reading Soil & Conservation and you read the report, you know the concerns. One of the concerns was, that . the erosion would be compounded from the brick patio being impermeable surface but I wondered if you come with any options on that? MEMBER COLLINS: It's in sand. MR. CUDDY: Two points that I was making. One was that the brick surface is not going to be completely impervious because of the placement of the sand, which probably makes it very little different from hard dirt that would be packed at that site. Secondly, that's the purpose of having to drainage it at the south west corner. Any run-off that would come by virtue of the elevation at that point, would be picked up by the drainage pools that would be there, and we, that's why I indicated initially, that we're willing to have our engineers, Cronin & Cronin, certify to the Board, that what we proposed would be adequate to take all of the drainage run-off and will not go on to the neighbor's property, and I understand that concern. Page 27 - July 6, 2tiv Transcripts of Hearings Board of Appeals MEMBER TORTORA: Well, the other question we always ask, and you know the question is, is this the minimum setback that you can live with? • MR. CUDDY: Well I would say, that:'there's a few feet less but not an awful lot the way this pool is setup here. With the pool as you can see is a basically a 20 foot cross pool. As far as the width of it goes, coming from the deck out towards the bluff area, part of that pool as a matter of fact is within with the inside of the liner, that's probably 2 to 3 feet. I would think, that there's very little I think you can cut-off and still have an adequate pool. We probably could cut some of it but not an awful lot. • CHAIRMAN GOEHRINGER: Thank you. George, you have a question? MEMBER HORNING: No. CHAIRMAN GOEHRINGER: Again, at this particular point, we're in recess. I will make a motion recessing it to the next regularly scheduled meeting, which at this time is August 10th. However, unless I get a letter from you, (Ms. Butz), it will be up to the Board to make that determination then at that point, OK? I - MS. BUTZ: Yes, I understand. But I do need sometime to get my own expert witness as well. CHAIRMAN GOEHRINGER: I understand and you'll give us a call tomorrow and leave your telephone number. MS. BUTZ: I won't be back at work until Monday. CHAIRMAN GOEHRINGER: That's fine. This is not going to be until the end of July anyway. MS. BUTZ: This has been a wonderful vacation. I wanted to tell you all that I had a wonderful time. CHAIRMAN GOEHRINGER: We're sorry about that but we would like you to call us so that I can make an appointment with you around the 27th, 28th, 29th of July, whatever. MS. BUTZ: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you. Yes, that is a motion. See Minutes for Resolution. 'Rage-80 - July 6, 21 _ Transcripts of Hearings Board of Appeals MR. MESKOURIS: I just feel that I'm being called a liar. We're not up to par over here on the situation the way it's been handled, but it was a dirty deal from the beginning. CHAIRMAN GOEHRINGER: Thank you Chris. So lets close the hearing at this point and we'll wrap this up. Hearing no further comment, I'll make a motion closing the hearing reserving decision until later. See Minutes for Resolution. • End of Hearing. PHJULY 6 Prepared by Lucy Farrell py RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR 940 !o 0- P,1wt Town Clerk, Town of Southold - �� LE`1 I@ EE OWE E 5"( ° ilu - goo LICENSED PROFESSIO -- .2, NEW.YORKs',i (1-7 121f, _ Cronin and Condon Consuitinc-Engineers r` . 1755 Sigsbee Road y, Phone:631-734-7250 Mattituck,New York 11952 Fax :631-734-7014 July 5, 2000 r - Gerard P. Goehringer, Chairman, Zoning Board of Appeals Southold Town Hall P.O Box 1179 Southold, New York 11971 Re: Cashy and Misthos- Pool and Brick Patio 1900 Hyatt Road, Southold SCTM#1000-50-01-03 Your file No.4837 Dear Mr. Goehringer: On June 29, 2000,we completed an inspection of the existing conditions at the referenced property. We have also reviewed the property survey which indicates proposed new construction and have reviewed the June 23,2000 letter from Sufflok County Soil District Technician, Mr. Joseph W. Gabrinowitz. Based on that information, we have the following comments: 1. The proposed inground pool and brick patio will encompass part of the existing rear yard, but will not extend into the area currently occupied by trees and shrubs. Therefore; removal of vegetation in that area will not be required. 2. A portion of the perimeter fencing indicated on the survey is shown to be installed at the top of the bluff. The owner is willing to install that fencing southwarO of the top of bluff as per - recommendation by your office. 3. The north face of the proposed pool and patio area is a distance of approximately 75'from the top of bluff. This entire area is densly covered with healthy shrubs, vines, and trees. The . proposed construction will not have an adverse affect to the current conditior>I of the bluff, and will not adversely affect bluff stabilization. 4. We have completed preliminary storm water run off calculations and have determined that additional drainage pool/s will be required to properly accept additional storm water runoff from brick patio area. New pool/s can be installed just south of existing drainage pools. 5. Existing grade elevation at top of bluff is higher than surrounding areas(including proposed brick patio, existing lawn areas, and the vegetated bluff areas). The water intake grate at existing drainage pools is the lowest elevation on the property and the proposed , water intake grate elevation willmatch that of the existing grate;therefore all storm water will be self contained on this property. Please review and call if you have questions or require additional information. My direct line is 765-1798. Thank You. ce ely, Si /". 0 ��° � �' divr----- ti4 14IN SC,9 ), Mark K. Schwa ,AIA- •rchitectt�l 1 Cashy3.doc Q' '4'4 15 )‘ ., 02239 d° ns;.•-..S D 7) FOR BOARD AND STAFF USE 0000 Updated New Information 3//0/ )22 , �� -7/6/ Zaiaifi� dod> d 74 3/p/cA I Calla `7114, eter.ruz4r's ye jvh)(1,,az;4Adt-i,,) l b Pm-' / '. 1 _ . li %i l . / //. 2 /g �s a-ddZ;co Aa-u_ b�P loGQ�I LGlt�z��, !` �W .nT�� ik3 , 61 11M;". � J f t —� -a Lam✓/5;9),:-) sem'/ 41'le K04,-,P4 ig)c e & r �.�cu z�c f i Ars atic /a r ja. V _ c az&.-P ,z.*--/a -j:ro 31/C/01 10- 3190/ /-i71.. �4/ _ '` , � . - ji.e4 ;ft4 . _ -J tei2/4_5.- v /-4.5-7- ( ,, FOR BOARD AND STAFF USE --i.e,-/W .b, Updated New Information, //c)2 7 AA •76:20-ach_i -/X,--zi-VAe-i--1 .5-,0---/--cZ je _W____41-0-- -ed -� WI rwe.... -Ale _ e-; a-- .4._ ,_ "�,J4 f /0i_/ E v, 7// in4_Cel�rdam: ,,, e6 63° ez) /_, �/ Lam_' 0 - 111,1fi , AI 7/8— 3Ltrct46Y "765 =a6 / 6 _41/1 , 7d7 nedied dx - ,Q d,./.„, 6.,,,,,t,_;_a ff,„, /`(7• Ada ?ff. A ,0,440/ruzi) aAi/. neeeLir 0 /miyi - , sE a SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF HEARINGS HELD APRIL 19, 2001 (Prepared by Paula Quintieri) Present were: Chairman Goehringer Member Dinizio Member Tortora Member Collins Member Horning Secretary Kowalski PUBLIC HEARINGS: 6:55 p.m. Appl.No. 4937—SOUTHOLD PARK DISTRICT Withdraw by applicant 7:19 p.m.— 8:30 p.m. Appl.No. 4837 H. CASHY and M. MISTHOS. This is a request for a Variance under Article XX!V, Section 100-239.4A to locate an accessory swimming pool and hot tub construction less than 100 feet from the bluff of the Long Island Sound, at 1900 Hyatt Road, Southold; 1000-50-1-3. CHAIRMAN GERARD P. GOEHRINGER: Is there anything that you would like to say for the applicant council. CHARLES R. CUDDY, ESQ.: I'll wait until the opposition finishes. CHAIRMAN: That was Mr. Cuddy. Thank you sir. We are ready for your presentation sir. GWEN SCHROEDER: Hi, I'm Gwen Schroeder, I'm the Southold Coordinator for the Northfork Environmental Council. I would like to address the board about the application, specific application which is before you. As well as, express the Council's general philosophy on construction within 100 feet of the bluff After going over the agenda tonight I can see my comments apply to many of the applications. NFEC believes that the board of appeals should exercise extreme prudence when considering granting relief from the 100 foot setback requirement. We believe that due to the environmentally sensitive nature of the bluff and adjoining e-flow systems, as well as, the potential impact the construction will have on neighboring properties; relief should be granted only in situations of hardship. NFEC does not consider the inability to construct a pool on one's property to be a hardship. The bigger picture must be considered. The board has the right to deny this application. Although the applicant's attorney correctly sights instances in which the board has granted relief in excess of the 26 feet that is being requested in this case, we ask you to consider the what the cumulative effects would be if every property owner on the bluff were to come to you for review of the 100 foot setback rule. When would be the time to draw the line and say no. With development pressures r { r Paget Apnl 19,2001 ' ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD escalating on the North Fork, I would say the time is now. Why do we have the setback requirement at all if we it is routinely allowed to be jeopardized. Granting relief should be the exception, not the rule. I just want to quote a statement of a publication put out by the New York Department of State. This is from the Long Island Sound Management Program, it is a draft from 1993. I quote, "Respecting the dynamics of shore line change is necessary to protect human life and properties and to gain both the economic and environmental benefits associated with a more natural shore line. The coast is not imperatively hazardous. It is the inappropriate location of development that creates a hazard for life and property. Avoiding an appropriate decision for locating structures near eroding land is the first and most usable way to respect the dynamics of changing shorelines Allowing the sound shorelines to operate at the natural dynamics system and restoring these natural processes also provides benefits of public access, scenic beauty, wetlands and water quality improvements and erosion and flood protection. Interference• with the sound shoreline dynamics will continue to result in the loss of these and other benefits at public costs. Accepting these costs is only appropriate in areas where public benefits clearly outweigh public costs." Thank you. CHAIRMAN: Thank you. Good evening, sir. Could you state your name for the record. JOHN CIARELLI: Good evening, Mr. Chairman and members of the board. My name is John Ciarelli. I am an attorney with the firm Ciarelli and Dempsey. We represent the neighbors on both side, adjacent to the subject property on both sides. I know that Mary Butz, one of our clients who owns the property to the west,has additional evidence that she would like to present at this time consisting of photographs and some comments. MARY BUTZ: First of all, it's a good camera it's really not a good photographer. These photos were taken on Monday, of,what I call Passover Monday. I happened to have been off from work that day. We met a neighbor of ours, Mr. Mallady, who is here. We walked up and down the bluff,yet again. Mr. Mallady does not walk the bluff as often as we do during the summer months. About 150 yards down from the site request for this pool, exists this (shows photograph). CHAIRMAN: We need to see it. You've got a glistening here Miss Butz. M. Butz: These are the steps that went up to the property. CHAIRMAN: We can keep this, right? M. BUTZ: Sure. The Lester property it's called. You can see what happened to'the steps. You can see what happened to the land. You can see the gullies. This is the chair rail going up and the gullies and the streams coming down. The absolute corrosion that's Page 3 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD going on, on this block. You couldn't stage that. That really is what is going on at this moment. MEMBER COLLINS: Mr. Chairman, could you ask this lady(I'm sorry) M. BUTZ: My name is Butz (spells it). MEMBER COLLINS: You don't have to do it right now. But if these photos are going to be put in, I would like a clear annotation on the back of each one of them. The date it was taken,you've told us,but I would like it on the document; and, where, you said about 150 feet from a place, M. BUTZ: 150 yards MEMBER COLLINS: Please when you have an opportunity to, come in the office and annotate these pictures. Because, otherwise, they're just pictures. CHAIRMAN: We're doing that as you speak. What did you say the date was? M. BUTZ: I don't have a calendar. The 9th, I know because it was my day off. So I associate it only as that date. This year our holiday... CHAIRMAN: Can I have that picture back so I may...thank you. You may continue. M. BUTZ: Okay, I don't know if I should move on to the next. I think I'll stop talking about, I was asked simply to speak about the photographs that I had. I took them myself. They were taken on apparently the date of the 9th, or whatever that Monday is. The one that just passed. I took them with a Canon EOS camera. I brought them to a local photography shop and had them blown up and mounted them. I wish I were better at it. But this is one of the primary concerns that we have with this variance. We have many other concerns as well that will come out as we speak. CHAIRMAN: Miss Butz,before you sit down, this is 150 yards from your property due east. M. BUTZ: No, I think it's more appropriate from the Cashy property. We are right next to them. So it is about 150 yards from the Cashy property, the property in question. CHAIRMAN: East of applicant. MEMBER COLLINS: Which end of applicant's property? I'm not being bloody-minded we're being asked to consider the condition of the bluff and I want to know where. M. BUTZ: I'm not saying that at all. I'm just terrible with directions. MEMBER DINIZIO: I'd like to ask a question Mr. Chairman. . Page 4 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: Surely. Can I just give these to council so he can look at them. Would you give those to council. Thank you. MEMBER DINIZIO: What's at the top of this bluff. M. BUTZ: This particularly one? Someone's property. MEMBER DINIZIO: Is there a swimming pool there? M. BUTZ: Next door there is. MEMBER DINIZIO: No, in front of this here? MEMBER HORNING: Yes, I'm curious to see what the relationship is between approval and erosion of the bluff. CHAIRMAN: You have to use a mike sir, and you have to state your name. BOARD SECRETARY KOWALSKI: Excuse me,before you speak sir, we need your name please. JOHN MALLADY: My name is John Mallady. I own the property ambiguous to the slide. They're on my right when I look out my window. CHAIRMAN: That's east of your property? JOHN MALLADY: Yes, on the east side. I'm 1400, that's 1300. On top of the bluff there is about 110 feet of grass and then°a house. I'm talking about the property, and then a house. There is nothing there, as far as, a pool, or weight on that property. The reason I came up is that I thought I could just clarify that,because Miss Butz didn't know that. MEMBER DINIZIO: What would be the cause of that erosion? JOHN MALLADY: I don't mean to be flippant,but if I was on better terms with mother- nature I might be able to answer that. I don't know, what I can tell you is that in the last three or five years,we have had an inordinate amount of water flowing through the area. There are a lot of underground springs up there. Mr. and Mrs. Lester, who are my neighbors to the east where the slide occurred, invested a considerable amount of money 11/2 years ago to let someone fix it. This spring, a northeaster came and unfixed it. I think what is important, also, is if you know the area and you can walk the area; I'm not saying you people should do this,because it's something that we do all the time, that from the point (we call it the point, Horton's point)which is about two properties east of this property we're talking about where the slide is just past that is where the Park District is, there is a little jetty. There are some rocks on the beach, this is where the Park District Page 5 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD ends. From that area all the way down to Kemity, which is the old Betty Parson's house, Otto Lindemeyer was next to that, Lester(which is the slide),me and then three more properties this spring for the first time, we have seen substantial underground water coming out through the bluffs. Every year there's been a little there. We've always had a little bit. There's been a little here, a little there, a little over there. This year, right,now, every property you walk down and mother-nature doesn't define by property, as you walk down the bluff from the Parson's property which is 300 feet east of me, down to probably two properties past me which is to the west another 200 feet; there's a lot of water Running down because of the rainfall we had. That has nothing to do with should we build a pool or not build a pool. But, I think it certainly should enter into our thinking when we say, should we do something. That,maybe we should interfere with this bluff unnaturally,because,unfortunately mother-nature may have other things in store. But we just don't know. The bluff is not as stable as I've heard people say. "Don't worry, it's been there for a long time, it's not going to change. It has changed, it is changing; and unfortunately, it's changing right now. I haven't really questioned it,but I'd be glad to help you if I can. MEMBER DINIZIO: I guess;in answer to my question, this erosion has occurred naturally. JOHN MALLADY: I can't say it. MEMBER DINIZIO: In other words, someone didn't build a house too close to that JOHN MALLADY: The house that's there has been there for; I would guess, eighteen or 20 years. It's back, well it's now not as far back from the bluff as it was 2 years ago. But it's probably, right now, it's back (a guess) 70 feet, 75 feet something like that. MEMBER DINIZIO: I just wanted to see if there was something on top. JOHN MALLADY: No, no, they did not do anything two years that said, oh look what happened. No, I don't think so, not at all. CHAIRMAN: Okay, Mrs. Tortora has to ask a question. MEMBER TORTORA: I really appreciate listening to testimonies made which you live in an area. I'm going to pick your brain. JOHN MALLADY: Well, thank you very much. MEMBER TORTORA: How long have you lived there? JOHN MALLADY: This is eleven now. MEMBER TORTORA: Has your property eroded back from the bluff line during those eleven years? Page 6 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD JOHN MALLADY: We have not, yet. I will have to tell you that, and you probably know, that when you get a slide over here, it has a tendency to go like that. We're probably right on the edge; and it's going to happen unless we do something, or combined we do something to do it. The property east of the slide property,has already been affected. Maybe five to six feet,no dramatic thing,but it's still affected. MEMBER TORTORA: It's not all properties, there's properties that there is obviously some sort of gully. Where there's that gully, then....Has the overall line of the bluff within 300 feet of the Cashy property? Has that eroded? JOHN MALLADY: Has that eroded? MEMBER TORTORA: Would you say that's receded within the last ten years that she's been there? JOHN MALLADY: You'd have to be talking, to the east. I'm not, I can't say. I think that has happened. But I think I've seen areas where I though, oh gee, last year I thought there was more out here than there is right now. You know, that's not a gospel kind of thing,no. MEMBER TORTORA: In some areas that we've seen in Southold, we've actually seen very, very firm that we've seen. In some cases,we've seen foundations crack. JOHN MALLADY: Oh yes. You see it in Peconic. You see it right at the Lighthouse. You see the fence hanging off at the Lighthouse. That's a little further east. But, this is all just washing down, year after year, after year. The benches they put up last year, on the beach by one part of the Lighthouse, they're gone. They were washed down this spring with the run that hit the Lesters again. So yes, there are changes. For me to say I haven't seen it, doesn't really mean it hasn't happened. MEMBER TORTORA: Okay, thank you very much. MEMBER HORNING: The other neighbors aren't here,but to your knowledge, the house immediately to the west of the Cashy property around McKinsey, was that built before the applicant of JOHN MALLADY: Oh yes, it was moved there. Yes, it was there quite some time before. MEMBER HORNING: Before the Cashy house? JOHN MALLADY: The Cashy house is probably the newest house in the area, right now. MEMBER HORNING: Okay, thank you. Page 7 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: Thank you sir. CHAIRMAN: Sir, state your name for the record. CHAIRMAN: We know you're the next door neighbor. WILLIAM TOEDTER: William Toedter, and the next door neighbor to the east. To answer Lydia's question, I would say that our property from the bluff on down has had some erosion. It is difficult to see because of the undergrowth. But, as a youngster growing up there and living there for forty years, and walking through the forest and retrieving balls; I can tell you that throughout the whole property and the property now next to us that is being built, we have lost substantial amount of dirt over the years. MEMBER TORTORA: How long have you been there? CHAIRMAN: Forty years, he said. WILLIAM TOEDTER: Forty years, yes. MEMBER TORTORA: How much property would you guess. I'm just asking for a guess. WILLIAM TOEDTER: Property from the bluff on out, from our bluff point? When the house was built, fifty-two years ago now, I believe, what happened is that there was a bulkhead put in at the edge of the bluff there. We haven't lost anything from the bluff line. What we have lost is the portion of the soil that used to be flush with that, going down,has now dropped about five feet down below that bulkhead. CHAIRMAN: You haven't had a slide though? WILLIAM TOEDTER: We haven't had a slide,but,because of the bulkhead. 1 CHAIRMAN: Well that's still a slide. That's still an erosion. WILLIAM TOEDTER: But we haven't lost, I guess from the bluff line, what you consider sort of an edge we haven't lost that. But because of the.... CHAIRMAN: Last Saturday, I was back up to your piece of property, yours and your mothers. I spent some time looking over that edge that you were referring to right now. You certainly can see that there is some movement there. I hope you don't mind that I went up there. It is an absolutely magnificent spot. I did see some movement. There's no question about it. Any other questions of this gentleman? Ladies and gentlemen. Page 8 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD No. We thank you. DIANE RAVITCH: My name is Diane Ravitch, and I share the property directly to the west with Mary Butz. We purchased the house in 1999. The house was built in 1895. It is one of the historic houses of Southold. There's a photograph of the house on the wall right outside on the other side of the corridor. It's described as the Marshall Estate. Half of the house was torn down in 1932. It was next door to the Cahoon Estate, the two houses were side by side. The Cahoon Estate was ripped down, thrown away. Half the Marshall Estate was ripped down and the remaining half was brought, I think by barge, that's the story I was told to a second location in 1932. The house is an absolutely amazing antique structure. It sits on a very low piece of land and the question'came up at the last hearing, why were we so concerned about this pool. In addition to the other forces and concerns the neighbors have, the particular concern that I have is, that we will be looking at a wall that encloses this pool that will look like a structure on the L.I.E. We will be,because of the grade, their pool will be over our heads. Their pool will be eye- level with our second floor. I have an office on the second floor, and when they have parties, I will be eye-to-eye with people on the patio. When we are in our yard, we will be looking at their underside. From our yard, from our door and from our windows, we will be looking at a wall that is 30 feet wide and 8 feet high. This is such an esthetic intrusion, that we feel that this is a terrible invasion of our privacy, our tranquility, and will have most certainly a detrimental effect on our property value. I can't imagine that when we saw this house and feel in love with it, that we would've fallen in love with it had we seen a structure 30 feet wide and about 8 feet high attached by this 70 foot long structure towering over our heads. From the ground it will be obsessive kind of barricade over our heads. So,when I think about this looming over us, this forbidding fortress-like structure that is about to be built, it is very frightening, it's very upsetting. I can't think of anything that could mitigate the esthetic ugliness of this structure. Thank you. I'll be glad to answer any questions, if you have any. CHAIRMAN: Any questions? Yes, MEMBER TORTORA: You're primary concern is the visual impact of the wall? DIANE RAVITCH: I think it would be, A: very ugly, and because it is so ugly and imposing on our privacy, that it would damage our property value. I think, that therefore, it is something that we find very intolerable. MEMBER TORTORA: If there were no wall involved, would, the proposed pool be a concern to you? DIANE RAVITCH: Well it would be hard to imagine, I mean, everything that they've shown us now since they first brought this forward, has involved this large structure facing us. The change in the grade, this wall, the change in the grade that is particularly oppressive and it is hard for me to imagine that this could be changed in such a way that It would not be looming over us,because of the change in grade. Their property towers Page 9 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD Over us. Their deck is 12 feet over us. We currently have a four-foot bulkhead between our property and theirs, which has trees in it; and behind that four-foot bulkhead, would be an eight-foot bulkhead, at least eight feet. Thank you. I don't know if this will convey it,but this is, standing on our property, this was taken on the same day, April 9th (showing a photo) standing on our lawn and looking up at their deck. You can see the four-foot bulkhead, in front of us, it's five-feet in some places,but then, above that is the deck and the pool will be built up almost to the same level as the deck. The deck is 10 feet over the current bulkhead. CHAIRMAN: We can keep this Miss Ravitch? DIANE RAVITCH: Yes, thank you. CHAIRMAN: We are ready for you council. JOHN CIARELLI: Thank you. I would like to offer to the board that a real estate appraiser has testified, I believe, on the second hearing of this matter. I had asked him to review the changes that the applicant has made to the proposal. Essentially lowering the elevation of the deck of the pool, approximately 2.4 feet and moving and shifting some of the components of the application to the east. Aside from the fact that shifting, I think that shift was in response to some of the concerns about noise. Those concerns were merely shifted over to impact the neighbors to the east, more than the neighbors to the • west. That really didn't solve the problem. But, I want to offer a letter that Mr. Gibbon, who still finds a negative effect on the property value associated with the project even though it has been modified to a certain extent. I know that this is the fourth night that you have been here, considering this application. • CHAIRMAN: We really hope we can close it tonight. JOHN CIARELLI: I hope so too. We have looked at some of the decisions that this board has made considering similar applications. Not in the same area,because, this area really doesn't have any pools. I believe that the record contains evidence to the fact that, of the thirty-six properties that comprise this neighborhood, there are only two pools. One of them is, incidentally, immediately to the west of the Ravitch/Butz property; but that pool is almost at sea level. It's slightly higher than beach level,because, right after the applicant's property, the property continues to slope down; whereas the Ravitch/Butz property is much,much lower. The property to the west, is even, it's probably the same dimensions or lower. So that pool is down near the water,probably an elevation of 10 or 12 feet. Quite frankly, I don't know where the other one is. The aerial shows it could be a significant distance away. So this is not an area that is characterized by common use of swimming pools. I know you have considered these types of applications in the past, you have looked to see what the neighborhood has looked like and whether pools are common in the area. The pools are not common in this area. As a result, it's our contention that there will be an undesirable change in the character of the neighborhood. Miss Ravitch Page 10 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD Has spoken to the esthetic impact of this project, actually the pool is proposed at an elevation of 44.8 feet. I believe that at the property line, the elevation is approximately 35 feet. At some places, there is a 3, 3 V2 or 4 1/2 railroad tie retaining wall. There will be another 7 or 8 foot railroad tie retaining wall. It's going to extend, I mean I don't need to describe it,because Miss Ravitch described it quite adequately. It's a significant structure, it will have a significant esthetic impact. It's going to have the kind of adverse effect that you look to on previous applications to see whether this would unjustifiably intrude on the neighbor and we believe that it does. Shifting the hot tub to the east only adds to the burden that our clients to the east will have to endure. There's a hot tub, so there's going to have to be a heater. There are pumps, and the noise that is going to be generated,not only from the people who justifiably and understandably will use the pool, but from the equipment that is associated with. Nobody here wants to deprive anybody of the right to use their property. In this particular case, it's just that they have maximized their right to use their property by building the house where and the way that they did. You have also considered, in the other applications, whether this benefit that they want, the pool, could be achieved by some other way. Right now you might say, they can't achieve it any other way, because that deck is built right to the 100 foot line. But, in reality, they could have achieved this some other way two years or three years ago when they conceived of and built this house. So, answer to that question, is yes. The applicant could have reasonably sought the benefit of a pool by not building his or her house up to the hilt,right up to the line. The site plan shows that the deck and the house are built right up to that 100 foot line. That wasn't invert ant, that was intentional. The applicant will say that was a result of restrictions,health restrictions that were out of our control. We don't believe that it was out of their control. Another thing you also consider is the size and the substance of the variance. I believe, consistent with your other decisions. I also believe consistent with, Mr. Cuddy has said on the record, that it's undisputed. That this is a substantial variance of 26% of 100, 26% of the setback as being encroached on. Are there physical and environmental impacts, negative impacts, associated with this application. Obviously, Mr. Mallady's comments were compelling and we appreciate the support from the North Fork Environmental Council. Because, as a general concept, I know you know, that this is a problem. The town has to consider these types of setback variances different than they consider setback variances that do not have potential environmental consequences. So that it's one thing to allow someone to vary their sideyard to accommodate a porch or a shed; and, it's another thing to vary the setback variance as it is set back off of a bluff line or a coastal erosion area. So, for that reason, even though there is no engineer to say that the installation of this pool will have an adverse impact on the stability of the bluff, we all are confronted with natural forces that override all of these concerns. And certainly there would have been an engineer, two or three years ago, to say that on the Lester property, the installation of a pool wouldn't have an adverse impact on the bluff. But then again you had natural forces undermining the Lester property. You can see that. You can see that if you go there. You've heard it from Mr. Mallady. Erosion for no apparent reason other than natural causes. That should send a red flag up with respect to this application. It should send a red flag up with respect to your decision as to whether you are going to allow an encroachment on this setback by 26% for a pool, which we might distinguish from a house or some living area. But,this in essence is a pool. It's not critical to the use and enjoyment of one's property, Page 11 Apri119,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD where pools are uncommon in the area. And where there, obviously have, it's waterfront property. So the question of whether a pool is necessary for the use and enjoyment of a property, is a question that has to be answered in the context whether or not this is waterfront property. Is the need self-created? Mr. (line 74, side A, tape 2) I respect, the need is not self-created,because we had to comply with the health department's 100 foot setbacks between wells and septic systems. Rather than constructing the building right to the line, that 100 foot line,the applicant could have modified the design to accommodate the Health Department and accommodate the future need for a pool. It's not enough to say that the Health Department imposed 100 foot setback. We couldn't do anything about it. This hardship itself created,because, in the face of Health Department regulations, the applicant still decided to build this building to the hilt. It's a large house, and they built it without consideration for future needs. That's really a significant amount of concern. If they anticipated the need for a pool, then they failed to make provision for it by building the house to the line. If they didn't anticipate the need for a pool, then it couldn't be that important to them. They've chosen to use their property in this way, and they have realized the use and enjoyment of their property. We've heard that the NFEC concern that this is an undesirable precedent; Mr. Mallady has said that on previous occasion. We feel that if this board grants a various of 26% for a swimming pool,not for a house, it will be in effect changing the line to 26%. We feel most respectfully that there are few structures that might be presented to you for a variance that would less justify an intrusion or encroachment on this bluff than a swimming pool. So that by granting this for a swimming pool from 26%to 74 feet, you're never going to be able to-deny any kind of accessory structure for 74 feet. You are • in essence changing the line in that area to 74 feet. I don't believe that's justified. Your neighbors do not deserve to be subjected to these adverse impacts on something that either wasn't a significant consideration to the applicants a couple of years ago when they built the house; or it's an example of that, I hate to say it, development maxim let's build to the hilt and then we'll ask for more later. We urge you to deny the variance for all of the five reasons that the statute tells you to consider and we really appreciate the time and effort you've made considering this application. Thank you very much. CHAIRMAN: Thank you. • MARY BUTZ: I just would like to inform everyone on the Zoning Board, that this is the only piece of property that I own, the only piece of property that I own. I sold a house in Bay Ridge invested my money and looked for three or four years to find this house. Losing 10% of it's value will have dramatic impact on my fiscal well being, for an incidental item. So, I just want that to be known. It's not my vacation property. CHAIRMAN: Thank you. Council. Mr. Cuddy? We would like to wrap this up tonight, if it's all right with you. CHARLES CUDDY, ESQ.: My understanding is you want to close the hearing. Page 12 Apnl 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: That is correct. CHARLES CUDDY, ESQ.: Often when I sat there I look at you, and you look at us, and say that probably you would like us to go quickly and quietly. I will try and do both,but I would like to say a few things considering the testimony that has been given. We appeared here many months ago, and when we did, there were certain things that were brought to our attention by our opponents. We attempted to make every effort, at the chairman's urging and the board's urging, to compromise with our neighbors. Our neighbors had indicated to us that,by letter, it was in offering; and currently, they've had a change of mind, as well as, a change of council. I'm disappointed,but I would like to say to you I now understand what a moving target is. When we first came,people were worried about drainage; they were worried about bluff stabilizations. They were worried about noise. We virtually didn't hear about that as to this property. We heard about bluff stabilization a football field and a half away, 150 yards. That's not this property. It's not even close to this property. But, that was what we heard from them. You have before you conservation statement from the county, an unbiased source, saying that it isn't a stabilization problem at this particular site. The noise issue has seemed to abate, somewhat, after our noise expert testified. There is, in fact, not really a noise concern. We're going to hand up shortly the statement of Mr. Penesis who is here tonight,but that's gone. Each time that we did something, they countered, so that we now have a whole different scenario before us. We're now worried about the esthetics. We have our landscape architect here. I think he can testify shortly, very quickly. I think he will show you, not only are we on level piece of land, in lieu of the site; but that we are going to, we said to you we will,have sufficient foliage there so that this will block this very big concern that seems to be apparent now. I would like to go back,because I want to tell you that we made the effort that you asked us to make with our neighbors. Neighbors who write us saying, through their attorney, that they want to make an effort to resolve this problem. So we moved the pool, we moved the hot tub, we shorted the pool. We said to them we would put in more landscaping. We did all of those things, and, on the verge of finding out that we had a compromise, we had none. So all of this time, there appears to be a sham. What they're saying to us is,under any circumstances, we don't want the pool. It would have been nice if they came forward and said that four to six months ago. They could have done that. Instead,we've been led down this path where we're going to find a reason, any reason at all to stop it. I don't think the reasons are sufficient. We've gone through, we've had testimony. We've had testimony from engineers, including your engineer,who really didn't disagree with our engineer. We've had testimony from a noise expert. We've had evaluation testimony. We've had virtually all the testimony that was necessary,under any circumstance on a bluff case, to obtain approval for a pool. What this amounts to is someone who has a house much further into the bluff than our pool will be, telling us that we shouldn't use our area. But, when they talked to us about what you should have,whether you should have a pool or whether you should have a deck. Let me tell you, if we'd asked to put a deck in this pool. Or anything that would be improving to the bluff, they would be here opposing us. They would be saying to us, don't come to the site. Theirs is a general upset, it's not a specific upset. Page 13 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD They don't want a pool. They don't want us to use the area where our pool will be. Whether it's a patio, whether it's a volley ball net, they just don't want us to use that area. I don't think that is opposition that's sufficient to defeat the pool, and I would hope that you would not either. Because, then anybody, from any neighborhood can oppose an application; would say to you, we don't like it you should defeat it. Because, that is essentially what has happened here. I would point out to you, again, that we attempted to work with them, we,because they really didn't want us to work with them. I have decisions with me, a letter, that granted pool and deck variances in the last eight years on the bluff. On the bluff from Mattituck to East Marion. Most of the decisions are in the last three or four years. Half of them are pools,half them are decks; six pools, five decks. Nearly all of them involved narrow lots. Nearly all of them involved a more substantial than 26%variance. I say to you, that in each case, when we went through criteria similar to what you have in this case, and you've found that these did not disturb that criteria. I'm sure you've proven that met the criteria. I believe that that's the case here. I believe that we have a similar situation. I believe that we have testimony that supports the same findings that were made here. I'll hand these out, and I ask that you, in considering this application,recognize what the applicant has done. Recognize that the applicant has made the effort to work his neighbors, and he was effectively rejected then. The applicant here is not asking for an intrusion on his neighbors. The applicant here is doing what many other applicants do, and that is trying and makes use of their property. Yes, they're making use of their(Side A, tape 2 line#422) but there's nothing wrong with that that I know of I really would hope that the board would look very carefully at the arguments that have been made,because they keep moving. When one argument isn't good, we throw another one at them. I don't think there is a specific argument that prevail against this pool. I would Mr. Bosman to testify briefly about the landscaping which has been brought up tonight,because of the enormous wall that is going to be on level with the pool. Is going to be around the retaining area. But all of that is going to be screened. We said that before, we're saying it now. That, in itself, certainly(inaudible) MEMBER TORTORA: Mr. Cuddy, I just want to say one thing. Yes, this board has reviewed applications for setbacks from bluffs and on Long Island Sound, from Mattituck to East Marion. However, I think, and all of the board members should agree, each area in our Township and the shoreline is very different. We look at them very differently. In some areas are and in other areas, when the board makes it's decision, it looks at that particular error, not on all the past issues. The other thing I wanted to ask you is, one of the things we always look at, is alternate locations on the property. I don't know how much we've discussed that with you, so let's discuss it now. What has prevented you from putting the pool in the front yard? MR. CUDDY: The cesspool and well are there. MEMBER TORTORA: The cesspool is, I'm talking about the relatively,because it's a waterfront lot you have a choice of which area you want to concern, the front yard or the rear yard. I'm talking about the area south of the cesspool. MR. CUDDY: So putting it out towards the street? Page 14 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD MEMBER TORTORA: Yes. MR. CUDDY: Well, number one, I think the distance between the cesspool and the street is not significant. It's perhaps, it's that mark under here. That would have a lot to do with trying to get a pool in that location and to set up all the things that you normally need for a pool. I think it would be difficult to put it in that location. MEMBER TORTORA: Because of? MR. CUDDY: Because A; of the cesspool, and B; of the, where that would have to come out of that side. I just think it would be hard for them to. MEMBER TORTORA: I'm serious. Is there a certain requirement of a certain distance that a pool has to be from the cesspool? I'm not aware of it: MR. CUDDY: Well, I think then you get into a information question, as to, how much the pool is,versus where the cesspools are. I think that would be a problem. MEMBER TORTORA: Well, it's a fuzzy area to me,but that is one of the things that MR. CUDDY: I,would be glad to push on everyone here to comment on it. MEMBER TORTORA: It looks like the elevations are relatively stable in that area. MR. CUDDY: I'll have him comment so you can CHAIRMAN: State your name for the record. By the way, I didn't swear you in,but you're officially sworn in. ( ?): The entrance to the park area, to the drive area is landscaped totally and would involve large tree clearing on the property. Since there were a lot of trees that were cleared to put the property in. MEMBER TORTORA: Is the area fairly level then? ( ?): It's level behind the stone wall,but it does slope down. MEMBER TORTORA: Is the elevation clear like 57 all the way over to 54 does not look like it's, anyway the elevations look much higher than the area where the proposed pool is, much more unstable. ( ?) It seems rather level in that area,but it would involved a lot of land clearing. BOARD SECRETARY KOWALSKI: Could I have your name please, I'm sorry. Page 15 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD GARRETT BOSSEN: My name is Garrett Bossen. MEMBER TORTORA: Under the criteria that we look at, it's very simple; that there is no other alternative location on the property that would not require variances. MR. CUDDY: (INAUDIBLE) BOARD SECRETARY KOWALSKI: I'm not catching what you're saying. MR. CUDDY: I said I would give you an engineer's statement so that you have that for the record. The buffers will have the ,because I believe that there is a problem putting it in that location. MEMBER TORTORA: I would appreciate that. CHAIRMAN: Mr. Cuddy,while you're still there, normally, and of course, I haven't discussed alternate relief either. This applicant also has the ability to take a portion of that deck down and put this pool as close to, structurally as close to the house as possible. Which would push it way back into the, in the house area. That's another alternate location. MR. CUDDY: To remove the deck? CHAIRMAN: A portion of the deck. Yes. And actually put the pool underneath the deck, closer to the house. Let me just back track, okay. I haven't looked at your list of places that we've granted variances on. Okay. Let me just mention two things to you. We take houses in Mattituck on the 150 foot highest location above the sound very seriously,because there is a significant amount of erosion in those areas. If the major portion of the applications that you've given us that we've granted are in the pebble beach area, we find those to be a little less environmentally unsound;because, they have series of lips on their bluffs. Some of those bluffs in the pebble beach area have almost three lips. It's a gradual contour with lips going down before you get down to the actual beach area. Although the height is similar, in reference to the height. We're just mentioning that,that's some of the reasons why we've dealt with that. It appears to me that in this specific area, Horton's Point,has always been an area which has some significant erosion. I'm not saying that this applicant's property is specifically in Horton's Point; but, it's within the area of Horton's Point. We do have an application before us just on the other side of the steps that lead down to the beach at Horton's Point Lighthouse. The conservation has commented on it and asked us to go to another agency. So, I consider, and correct me if I'm wrong, and that's the reason I'm bringing this issue up. I consider Horton's Point very similar to Mattituck. All right. Let me just give you an example. I have a father-in-law who lives on the bluffs in Mattituck. His property is about 162 feet high. He, in the mid-80's had to move the house back 140 feet. That house now sits back Page 16 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD 140 feet. The reason why I consider these to be very similar is because, I think,they had very similar soil content. Although, I think Horton's Point is rockier, at the beach area than some of the beach areas in west Mattituck. When I say west Mattituck, I refer to west of the inlet. They have a similar clay situation. When you have erosion and the clay strips,the sand strips away; the clay comes out and is exposed, the clay shears off in certain places. That's why I consider Horton's Point similar to Mattituck, in that respect. It also has similar height analogies. So, I'm just saying in general that there are some areas in town where we have less environmental problems and there are areas where we have more. So, we take a look at those a little more stringently than we do others, and, of course,we deal with soil and water conservation, significantly. One of the main concerns that I had with your applicant's property was that of drainage and that drainage field that exists. Of course, we've addressed that issue to a certain degree, in your mind. I'm not sure I'm totally agreeable with it,based upon significance of that wall, a bank that exists between the Butz/Ravitch end of your applicant's house, in the respect that I've just never seen a drainage system like that before. Toward the bluff,but, that's not a 8:15—MEMBER HORNING LEAVES THE HEARING. CHAIRMAN: So in reality, there are still additional concessions that, we do appreciate that you mentioned the fact that you did try to arrive at some happy medium with the neighbors. But, in general, there are still additional concessions that your applicants could agree to that would place this in a different location. Either, adjacent to the house, or in the location that Mrs. Tortora was referring to. I am just mentioning that in general. That's it. MR. CUDDY: I just want to comment a little bit on the stabilization issue. The testimony has been,by knowing you, their side or our side, that it really poses a problem. Also,by the soil conservation people. I agree, that that's certainly a very serious consideration. That's why the first thing we did was to go to them and say this was a problem. That they would probably agree with us. The answer was no. The answer from their engineer was that, it was not a stabilization problem. The answer from conservation bureau was that it was not a stabilization problem. I understand there are fences that do have that problem. It could occur any place, at any time. Unfortunately, The house location of other people will also be effected by that type of situation. What we are saying here is that we're going distance into the bluff, not a great distance into the bluff, and that bluff from all testimony that we had, it is stable at that point. And I believe that's true,based on the testimony. We would, again,be pleased to have that effect once more. I believe there is even further evidence, that other agencies don't believe that this particular site is the problem. You can see, granted the stairs, down that slope. Based upon(inaudible). So, I think all the evidence would show, that at some length the stabilization would be effective on this particular site. I understand Mrs. Tortora has a serious problem because of(inaudible). MEMBER TORTORA: That's a requirement under the law. Page 17 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD MR. CUDDY: I understand. I absolutely will move aggressively so that,hopefully, you will be satisfied. I would like for them, taking a lot of time(inaudible) question about this wall in a different situation. CHAIRMAN: Could I just touch one last area on that, and I'll leave it at that point. As I said to you before, I have never seen a drain in that situation, where it's been placed in the lowest area of the property toward the bluff. We have had testimony from Miss Butz who has indicated to us, that she has had water in her basement of her house. I truly, truly,honestly believe, and I know the drainage calculations that you have given us. I know the significant tailing of the drains that are going to go back on that side of the property. I honestly believe, that that particular situation really has caused some of the water intrusion in the Butz/Ravitch house. That's my opinion. That is not an opinion by anybody else. Based upon the fact that that drain sits there. That's just it. I'm going to leave it at that point. MR. CUDDY: I would add one of the things, Mr. Penesis was here last time. He made a short statement; I'll give you a copy of it to the opposing attorney. Just simply bringing his testimony so that you have it. I had also given to you, and I don't think I mentioned it on the record, that Mr. Ingegno had given us a statement, indicating the location of the pool and the well and this close to the house. I just wanted to confirm that with you- MR. CHAIRMAN: Right. MR. CIARELLI: With respect to the Suffolk County Soil and Water Conservation report, I disagree with Mr. Cuddy, in the sense that I don't believe it's a green light for this project. The technician points out many potential hazards,potential causes of erosion that can be created by this particular project. I think, also, that all of the issues that you've spent a lot of time over the last year considering are still before the board. We don't wish to abandon any of the significant concerns; like the drainage, like the noise. Potential erosion is not a new issue that was created tonight. These are concerns that moved on throughout this proceeding. I know that noise; it's in the record as a particular concern with Miss Ravitch, who works there. I just wanted you to know that We have given this serious consideration. We have given the applicants these serious considerations. We have given everything that has been presented to you over this period of time, serious consideration and still consider them serious issues. I am sure, with respect to whether people certify things as adequate and competent, I'm sure the D.E.C. gave the Lester's a permit with their steps that we see in those pictures are on the downside of the slope. 'They felt in good faith, that the slope and the terrain there was sufficient to hold those steps and to keep them stable over the years. Thank you. CHAIRMAN: Yes, go ahead. MR. TOEDTER: I just like to correct something. Jim Toedter, again. I think, Bob Hyatt's daughter, Jerry, who lives on the property said it best when all this came up. She , • Page 18 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD said, "It's a shame 10 or 15 years ago we, as a community, would get together and talk about changes. Even if Mr. Lindermeyer was making a change to his property 150 yards away, we, as a community, stopped by and talk to him. At no point has council,has the property owners, from the day the house was built until today, approached the Toedter household about any of these issues. Until last meeting,we were not represented by council. Until last meeting, until the pool was shoved over to our side of the property, for council to say that we approved that as neighbors, is totally inaccurate and a false statement. We, at no time,had a chance to do, talk with the property owners, or talk with the council to give a blessing to something that would be so close to our property. CHAIRMAN: Thank you. Sir? MR. BOSSEN: Is there a picture showing the, CHAIRMAN: Yes,right here. MR. BOSSEN: From the time that I,previously, that you received the last meeting. From the point where you see on this picture, where these evergreens are, it would be another row of 9 feet each, doubling up this row here. And then, at the point where it ends, would be approximately 25 to 15 foot barrier. Then the line would continue on up to the point, almost to the end of the neighbor's house. Far enough, so that when you are in the pool area, you would not be able to see people in the pool. You would not be able to see the neighbors. So this view would not be there. This view would have all these trees in this location. The retaining wall would not be shown, you couldn't see that. You wouldn't be able to see anything. Unless you were peeking through the bushes look at the neighbor's property. CHAIRMAN: Any questions for this gentleman?You must pose the questions to the Board sir. MR. BOSSEN: Let me address that. At the point that I was contracted to design the planting plan, the only issue that was posed to me was to screen the neighbors to the southwest. Upon hearing the concerns of the other neighbors, I would be most definitely planting upon the eastern side of the property, similarly, to screen out noise, sight, anything that would be a problem on that side. At the point when I drew this, it was not a concern; it was not addressed to me. But it will be when the design is planted; there will be plantings on that side of the property. CHAIRMAN: Thank you. Any questions of this gentleman? Just a minute, Diane. Any questions of this gentleman, ladies and gentlemen? Okay. Miss Ravitch. MISS RAVITCH: Thank you, I appreciate the opportunity, I am Diane Ravitch, to speak to a point that Mr. Cuddy made. He said that we did not complain about the noise. I think the record is very clear, that we were very concerned about the noise. I have to Page 19 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD submit that I am a professional writer. I have published seventeen books. I have a book that came out in September. I am writing another book now. I work in Southold. My office overlooks the area where the pool will go. I will be at eye level with the people walking around the deck. I am very concerned. We moved here,because we wanted to retire here and I wanted to write here. I thought this would be an extremely quiet, tranquil environment. I did anticipate that I would be eye level with a deck, a patio and a swimming pool and a hot tub. I respect their right to use their property. But I would suggest, if you look at their map that has been submitted, there are other places they can put a pool. But, I am very, very concerned about the noise. I am sure it will be intrusive. And I thought, that technically, the noise expert was dubious to me;because I have a location. My location will be turned up, literally, 12 feet from, well we're 6 feet from the property line)unfortunately, there's nothing we can do about that. Thank you. CHAIRMAN: Yes, last, quick comment. UNKNOWN GENTLEMAN: Could I just say something,because my testimony was brought up? CHAIRMAN: Okay MR. PENESIS: Dan Penesis, I testified last time. I understand that Miss Ravitch is a writer. I don't know what it means that, it's dubious, what I said. The allegations that were made by Mr. Petrulli, "regarding the activity of the water and the bowl of sound energy rolling down the hill." I would be glad to repeat that. The activity that is going to take place there, in the pool, is, frankly, no different than kids playing ball or people having a party. That's what I said. CHAIRMAN: Thank you. Sir. Quickly,please. JOHN MALLADY: I'm John Mallady,just, very quickly. One or two comments to Mr. Cuddy, was that maybe a moving target is hard to find. I was here the first night of the first hearing, and I said basically what I said tonight. We're concerned about the bluff, we're concerned about slide, and we're concerned about erosion. Now, if he didn't remember that-- CHAIRMAN: Please, mister—sir. There is no theatrics here. . JOHN MALLADY: I'm sorry. Mr. Chairman I apologize. #2 Mr. Cuddy made a comment that he felt, that while they tried to work out some sort of a compromise here. Now he's to the point where he thinks that no matter what his client wanted to do, it was going to be, that with no. I would agree with that 155% from my perspective. Because, if he wants to do anything that's going to invade that bluff; I would say, I'm against it. I'm sorry, I'm against it. I don't care who was building it or what it was, or what it was going to look like. I also take a little bit of a front; I've been described, as "he's a football field away, who cares". I care. Thank you, sir. • Page 20 April 19,2001 ZBA PUBLIC HEARING TRANSCRIPTS TOWN OF SOUTHOLD CHAIRMAN: We want to thank everybody. This has been a very extensive hearing. MEMBER TORTORA: Your written reasons why no other alternative is acceptable? CHAIRMAN: You will give those reasons to council, at the time that you submit them to us, to Counsel, once you receive them, Sir,you can have five business days to respond to them. Please send your response to Mr. Cuddy. MR. CIARELLI: Of course. CHAIRMAN: So we will close this hearing to no further testimony. We will officially close it on May 3rd MEMBER TORTORA: Thank you all very much. End of Hearing. CHAIRMAN: We realize you're all here; we just have been sitting here since about 6:15. We're just going to take about a three-minute recess and, we'll be right back. 8:30 p.m. CHAIRMAN: Motion MEMBER TORTORA: I'll second it. CHAIRMAN: All in favor, Aye(all) 8:40 p.m. Appl. No. DORIS ANDERSON (owner) and JOHN HURTADO. Applicants request variances under Article XXIII, Section 100-239.4A.1,based on the Building Department's December 20, 2000 Notice of Disapproval. Applicants propose a new dwelling with setbacks at less than 100 feet from the top of the bluff, less than 30 feet from combined side yard setbacks, and less than 40 feet from the front property line. Location: 3400 Lighthouse Road, Southold; 1000-50-2-2. CHAIRMAN: We are to review the letter from the Soil and Water Conservation, which I believe I mentioned tonight at the prior hearing. BOARD SECRETARY KOWALSKI: You're going to recess that with a date? CHAIRMAN: Yes, recess it to June. BOARD SECRETARY KOWALSKI: You have to give a date. May 31st you were going to... • APPEALS BOARD MEMBERS Southold Town Hall Derard P. Goehringer, Chairman isr*0 �Gy 53095 Main Road James Dinizio,Jr. ; o d I P.O. Box 1179 Lydia A. Tortora ci3117 ` Southold,New York 11971-0959 Lora S. Collins �� �� ZBA Fax(631)765-9064 George Horning %=-_,45.,/ 4,011.11Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 7, 2001 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 7, 2001 commencing at 6:25 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Paula Quintieri, Secretary 6:25 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Conditional Approval: Appl. No. 4948— George L. Penny, Inc. Approved as applied for: Appl. 4924—John M. John Brief Discussion: Appl. 4837 - Harry Cashy and Maria Misthos Cashy. The Chairman stated that this will be carried to end of tonight's meeting. Also, possible Special Meeting June 20, 2001 if not • addressed tonight. Appl. No. 4909 — McNamara/Mueller. No decision at this time. (Possible Special Meeting June 20, 2001.) (See end of Minutes for action taken at this meeting.) Page 1.0 —Minutes ^ T'1e1/'ting tGeld June 7,2001 Southold;town Board of Appeals Conditional Approval: f Appl. No. 4954—Gene Walker Appl. No. 4959— Dennis and Desiree O'Clair Appl. No. 4866— Norma Miller Appl. No. 4906—V. and R. Lynch Approved as applied for: Appl. No. 4956 — Robert and Kathleen Lawrence Appl. No. 4953— Henry L. Ferguson Museum, Inc. Appl. No. 4955—Anthony and Carol Mitarotondo Appl. No. 4961 — Robert and Patricia Winchester Appl. No. 4909— McNamara/Mueller— Reversed B.P. Denied: Appl. No. 4837 — Harry Cashy AGENDA ITEM V: RESOLUTIONS/UPDATES/OTHER: A. Chairman offered motion, seconded by Member Tortora, to confirm the following applications for August 16, 2001 calendar: 1. Appl. No. 4939 —Janet Wockenfuss 2. Appl. No. 4958 —A. Marinakis 3. Appl. No. 4927— Kace LI, Inc. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was-duly adopted (5-0). B. The Chairman discussed possible correspondence in reply to Attorney Price's "inquiry" Re: prior ZBA variance adult home use and request for tourist home use. AGENDA ITEM VI: EXECUTIVE SESSION (none held). * * * Brief reviews of pending files and general discussions by Board Members followed. * * * There being no other business properly coming before the Board, at this July 16, 2001 ' Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Re: Appl. No. 4837 — Cashy Variance Determination Dear Mr. Cuddy: Please find enclosed for your records a copy of the determination received today from the Suffolk County Department of Planning. Very truly yours, Gerard P. Goehringer Chairman Enclosure J AtozU�' � COUNTY OF SUFFOLK \i "r �1 con )„1 ROBERT J GAFFNEY SUFFOLK COUNTY EXEC F-1 L' tyl'Sp{S ISLES, AICP DEPART MENT OF PLANNING DIR AOR OF PLANNING JUL t 20®1 ! July 6, 2001 Town of Southold Zoning Board of Appeals Applicant: Cashy (Harry and Maria Misthos) Municipal File No.: 4837 S.C.P.D. File No.: SD-01-01 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comment: Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. The pool should be moved to the deck area to minimize encroachment within the 100 ft. bluff setback area. Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD2001\JULY\SD01-01 JUL LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TT-1 FLOOR ■ P 0 BOX 6 100 ■ (63 I) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(63 I) 853-4044 'P BOARD MEMBERS ,�,''",, - H tiff ,I'�,®��SQFf®( COG% Southold Town= 53095 Main Road Hall rard P. Goehringer,_Chairman it h� y . James Dinizio,Jr. 'i `• t ® 4 ; P.O. Box 1179 Lydia A.Tortora , ,'a Southold,New York 11971-0959 . Lora S. Collins G '',. / ZBA Fax(631)765-9064 • 4_ �"• 0- Telephone(631)765-1809 ;'Ol 4 , j George Horning -a„,� BOARD OF APPEALS TOWN OF SOUTHOLD 5, 2001 , 401 • June 2 hbr Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning , .A P. O. Box 6100 Hauppauge,'NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ' t Appl. No. —4837 Harry Cashy and,Maria Misthos Cashy Action Requested: Bluff setback variance for swimming pool and,hot-tub construction • Within 500 feet of: ( ) State or County Road I ( X) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing'or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerar. :. Goeh ger, Chairman By: /lyre, / %A..2 Enclosures / 03/15/2002 15:12 6313E95080 CHARLES R CUDDY PAGE 01!01 • ZAS T�;x , ! S rbc CHAR LES R.CUDDY ��� ATTORNEY AT LAW 445 GRIPPING AVENUE RIVE.R1-1EAD,N W YORK Ma;l;rig A.ddress: TEL: (631)369-8230 P.O.Box [547 SAX; (631)369-9080 Rivorlhe d,NY 11901 if.;`E-xriat):�srauciay_Ocarthlin,lflet J' MAR 6 5 12 i'; 10 )i March 15 , 2002 qriu vIA FAX: 765-9064 Board of Appeals Town of Southold • Main Road Southold, New York 11971 Reg Hyatt Road, Southold Cashy _ Butz/Ravitch Dear Board Members: I have received a Notice to Adjacent Property Owner for an application made by Mary Butz and Diane Ravitch to place a hot tub at their premises at the edge of the bluff. The Board should be aware of this new development, since this is an application being made to the Trustees by the very people who strenuously opposed a hot tub and swimming pool at the adjoining premises. Very truly yours, C-1444--6r. Charles R. Cuddy CRC: cg 03/18/2002 09:13 6313699080 CHARLES R CUDDY PAGE 02/03 Mar 14 0209: 41p p. 2 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES TOWN OF 'SOUTHOLD 'In the matter of •applicant: SCT S#1000- 50- Of-.24 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: ,gocJ .2),421a44 se,Q4 124 r, 7b ?4 NS'r,AJ 'l I�!k RA•ei9 • 1b 7'LNC.E W07• 71,1B ,o.ei 2. That the property which is the subject of Environmental Review-.,is located adjacent to your property and is described as follows . oZ• ota7ZZoboxD erbrme.6 111°41,t)G1 so A7vey 4 vrz- v a>/4.4/.&-- )Q, /9 * 3. That the project which is subject to Environmental Review under Chapters 32, 37 , or 97 of the Town Code is open to public comment on; /c O/a You may contact the Trustees Office at 765-1892 or inn writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal . OWNERS NAME: I1 __ ll�a'__ 1 Ovaily MAILING ADDRESS: ac' 640000 . f'l ,/oPn, `� 0241/PHONE #:_ '7l C Ig -— 7*--C' - Enc. : Copy of sketch or plan showing proposal for your convenience. `_, 3/•.ir. c' —L --i- co FENCE o 36-8 0 a 36.3 or) FOUND s 35 8!I/ 37.2 37 3 25.3 _ CONC _i1A�' m fo ENE -� .i a! 36_G ;� f OOD ON 38 - :�'O00 STIP ,34.9 u,� J ti. v` t ( - OVEPHEA _�o_ qa'LO\ 34.7' in 28 2 LP GAS ' - r• cr,_ o • IANR re C„) 1rIRc d i moo\F• N\° N Iti - EXISTING �� -_I_§� 2 STORY .al u!rto�, c, J co �� j� _� gtIOWE � 27.9' G9 rA �', ooD ( PATIO ' 4O FRAME HOUSE o,'���'�j1J1�1 ` `II ,. -a a . TI- - -- . ,,rJ 4a lf� ''I�-� IE r\�4V 4YDOG' STz?5 q •r Z fir.- " o� 1'3.5' 1€bV 1 pr ; r 60 & LA?iD'kr 73 • "Ai `O rJ '� l�3 %�j/j ADDITION 4.5 Illi _1 `t ! 1 1 r zip- j l l%J� 20.5' f� --(4:t,-,..121 (�I ')33 TI CLRBiNC :7 sC t:\ I •� • TC0.-e c•�' AL PPO•/ / iiDliAIF in ' / ` t 'NEW COVE:REO\ . 1NI PORCI-J ` r, � 4 �'� z i I= 4 :2o� O( ' i I i " . o e rG�' 0 - tivG {JITH SCG STEPS 'HOOD STEPS _ _1 {;pFL .,_ •.1. - Mal 1 DRY • m — °' FENCE FENCE M `rte''LP i 1.5 WOOD POST & lstRE FENCE '.6'S 4/ 7.34' Z cr co M c-+ en A'/0%, STEVEN BA U/i-IA T c' BONNIE BA UMA N (10 N -n 03/15/2002 15:12 6313699090 CHARLES R CUDDY PAGE 01/01 T `S CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIP ZINC AVENUE [,boh ' � RIVERHEAD,NEW YORK M,;1,ng Address: TEL: (631)369-8200 P,O.Box 154+7FAX, (631)'0-9080 1<It 1 i et Riverhead, („-E•'- aIreuct y_ arthin,h_nRiverhead,7,N,I 11901 �'iI Jj ( �1 nn 5 March 15 , 2002 Jil ' � '111 VIA PAX: 765-906 ._•-,__ Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Hyatt Road, Southold Cashy Butz/Ravitch Dear Board Members: I have received a Notice to Adjacent Property Owner for an application made by Mary Butz and Diane Ravitch to place a hot tub at their premises at the edge of the bluff„ The Board should be aware of this new development, since this is an application being made to the Trustees by the' very people who strenuously opposed a hot tub and swimming pool at the adjoining premises. Very truly yours, (2)(4.._6-f7 Charles R. Cuddy CRC:Cg APPEALS BOARD MEMBERS ��1#''V�FO( o' �S ,j'C Southold Town Hall Gerard P. Goehringer, Chairman 010 �Gy 53095 Main Road ' James Dinizio,Jr. o • P.O. Box 1179 Lydia A.Tortora >k Southold,New York 11971-0959 ar Lora S. Collins ���� ZBA Fax(631)765-9064 George Horning = ®� �^ 4:00' Telephone(631)765-1809 • BOARD OF APPEALS TOWN OF•SOUTHOLD MEMORANDUM TO: Frank A. Isler, Esq. FROM: ZBA Office DATE: October 11, 2001 SUBJECT: Cashy v. ZBA Please find enclosed an extra copy of the October 19, 2000 Hearing Transcript. This is in addition to the set transmitted previously (you may wish to have someone check the "page numbers" written on the bottom right-hand corner of the duplicate ZBA file, delivered to you (either by Jerry or Greg). We wouldn't want any part of the record to be missingq�-' Thank you. Enclosures: October 19, 2000 Hearing Transcript and Agenda -.,... • '41 , • 4' L&--t SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIFFING AVENUE,CORNER OF LINCOLN STREET P.0. BOX 389 HOWARD M.FINKELSTEIN RIVERHEAD, N.Y.11901-0203 PIERRE G LUNDBERG FRANCIS J.YAKABOSKI FRANK (631) 727-4100 A.ISLER REGINALD C. SMITH SUSAN ROGERS GRUN GAIR G.BETTS FAX (631) 727-4130 1926-1983 MATTHEW M.FINKELSTEIN E-MAIL sfliy@peconic.net PETER J. BACHMORE August 8 , 200�L,L. . I' \ ~7 ' ^, i i7 fry r-� Charles R. Cuddy "' 1 :;1 �i�I I 445 Griffing Avenue n, j AUG 9 2001 (;+ 1 I Riverhead, New York 11901 '0 ll) re : Cashy v. Town of Southold ZBA Index No. 01-17016 Dear Charles : Here is the stipulation we discussed. Kindly return a copy after you have executed it and the original if you want me to arrange the adjournment with the Court . Thank you for your ongoing cooperation. V: truly ® rs, / 41,ii Frank A. Isler ✓c . Gerard P. Goehringer w/ encl . • • , y - SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK x Assigned to Justice In the Matter of the Application of HARRY CASHY and MARIA MISTHOS CASHY, his wife Petitioners, For a Judgment under Article 78 of the Civil Practice Law and Rules STIPULATION in the Nature of Certiorari -against- Index No. 01-17016 GERARD P. GOEHRINGER, chairman, JAMES DINIZIO, JR. , LYDIA A. TORTORA, LORA S . COLLINGS, and GEORGE HORNING, constituting the TOWN OF SOUTHOLD BOARD OF APPEALS respondents . x The following submittal schedule is hereby stipulated and agreed among counsel for the parties herein, subject to the approval of the Court : 9/7/01 : respondents answering papers and Return 9/28/01 : petitioners ' responsive papers and memorandum of law 10/5/01 respondents ' responsive papers and memoranda of law 10/12/01 petitioners ' reply papers and reply memorandum 10/19/01 return date of proceeding (or the next motion date for the Justi easssned) . t h.(41, Pill/1;1411,-91: ItiyAri-11,/,/,',, ! Charles R. Cuddy, Esq. Smith, Finkeilstein/ Lun erg,i1, Attorneys for petitioners Isler & Yakaboski, LLP Attorneys for respondents 1 TRANSMITTAL MEMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: ?pa p/ SUBJECT: File Update With reference to the above application, please find attached the following new information added to the official ZBA office file: _cad* Comments: Number of Pages Attached: L TrMemo.doc I � 4 `t TRANSCRIPT OF ZBA HEARINGS HELD MARCH 15, 2001 Appl, No. 4837 — Application for H. CASHY and M. MISTHOS. This is a request for a Variance'ander Article XXIV, Section 100-239.4A to locate an accessory swimming pool and hot tub construction at less than 100 feet from the bluff of the Long Island Sound, at 1900 Hyatt Road, Southold; 1000-50-1-3. CHAIRMAN GERARD P. GOEHRINGER: Mr. Cuddy, it's a pleasure seeing you tonight. (Thank you for closing that door.) We are ready for you, sir. CHARLES R. CUDDY, ESQ: Good evening, Charles Cuddy for the applicants, Harry Cashy and Maria Misthos. As you know, we have been here before and I'm sure I can get a sense that you would not ben disappointed if we did not come back. But unfortunately we had to every though my clients had made a significant effort to resolve the questions that the Board has asked us to do. I earlier sent you a map or ax survey that showed that the pool, which is the subject of this application, the pool and the bluff area, had been • moved in so that now the pool was shortened but it was also more feet away from the westerly side. So that it was 48 feet from the boundary line of the property and the property inside going to the neighbor's house on the west is another 10 feet, so as it stands now the pool will be 58 feet away from their house. In addition, the applicants had retained a landscaped architect who had added additional landscaping. I will go through that with you in a few minutes, and present to you a copy of his work so that we thought by moving the hot tub, which we moved from one end to the other, moving over the pool and adding significant additional landscaping so that we would satisfy those people on the west that had objected. I thought that had resulted in some sort of resolution. It did not, so we've asked to be heard again. We have tried very much as I've indicated, to be sensitive to their concerns. I don't know why we have not succeeded — • that I have not heard. But I do have several witnesses that I would like to continue the hearing with. The first one is George Penesis. He's an engineer who is an acoustical engineer. There was some testimony at the last hearing on sound. I believe he's a sound expert and that he can testify about the sound from the pool. I would like him to come up and in the mean time I'd like to give you his C.D. or resume so that you can look at it while he's'talking. CHAIRMAN:thank you very much (Handed up copy of resume for Mr. Penesis.) GEORGE PENESIS, P.E: raised his right hand and was sworn in by the Chairman. CHAIRMAN: It's a pleasure to meet you, sir. MR. PENESIS: I guess in my introduction I'll saying I have 10 years of experience as an engineer, several of those years I have done doing school work mostly for the N.Y.S. D.O.T. I have a P.E. and actually a Master's Degree in engineering from Cooper Union. I guess the first thing I wanted to cover is the testimony that was given by John1Paciulli int • ZBA Hearing(Cashy) Meeting of March 15,2001 Mr. PENESIS, continued: to play ball, or any kind of crowd. It's an issue of behavior; it's basically one person being considerate of the other person and not screaming at the top of their lungs. You know, there's nothing magical about the pool or the water which is going to make this a noisier use than if it's just a regular yard. CHAIRMAN GOEHRINGER: The only question I have is that you did raise the issue which is rather unique regarding the issue of lapping of water because uniquely both of these pieces of property are on the water. One a little bit closer to the water than the other one is. And one having more trees before the water, which is the nature of the applicant's property that is before us here. But what's your opinion regarding the lapping of water within the pool itself during the period of time that the pool is being used, in reference to that type of activity MR. PENESIS: I think that is equally insignificant and the sound of water hitting the side of the pool, do you mean? CHAIRMAN (nodded yes): Or lapping in a' vertical position by someone swimming or by someone jumping into the pool or whatever the case might be. MR. PENESIS: My opinion is that'that's no different than in terms of the amplitude of that sound than the sound of voices, or the sound of any other activity that might go on in the yard. CHAIRMAN: When somebody does that, what happens to that sound in your particular opinion? Does the sound go up, does the sound vertically elongate? What happens. MR. PENESIS: What happens when somebody does what, slap? CHAIRMAN: Either slap, jump, physically you know jump into the pool, or swim in the pool. Something that is out of the ordinary than the normal setting of the pool, of water in the pool itself. MR. PENESIS: Well, there would be that point, wherever the person jumped into the pool would be a point source for the sound and it would spread in all directions. It would be attenuated just by geometrical spreading at the rate of six decibels per double the distance. So, by the time it was forty feet away it would be a lot quieter than it was than say, five feet away. ,Just off the top of my head I would say maybe 16 decibels at 5 feet. So at 10,feet, 57, 54 and so on. I guess I forgot to mention that there are also some trees that are already there on the western edge of the property, and they are being extended to provide visual shielding, and some significant landscaping which will do something to attenuate the noise. I can't say without analyzing it in detail. I also can't say why exactly the ambient sounds are that we're comparing to. But having been there, I feel confident - 3 - ' • ZBA Hearing(Cashy) Meetmg of March 15,2001 its level is very low. So if that's the issue, I don't think there could be anybody to satisfy somebody who says I can hear you doing that and it bugs me. CHAIRMAN: What interesting is here is that we have two pieces of property, and this particular piece we will refer to as the applicant's property, and that particular piece sits here and then the neighbor's property sits below like this, ok. And that's what intrigues me that much more is the height elevation factor. MR. PENESIS: I don't think so. I visited the site, I don't think that the height is that much of an issue. CHAIRMAN: No. But we haven't now put the structures on the property, ok. Because my the nature of this being the next door neighbor's property to the west, it is the ability of their structure, their dwelling, as is a 2-1/2 story house, and that particular line of that dwelling as it pertains to this particular piece of property — and that's the reason why the testing is somewhat intriguing to me. MR. PENESIS: You're saying there's sort of a shorter path between the two things because of there's a difference in elevation. CHAIRMAN: Because the difference in elevation and the fact that the second floor of their house is actually closer and almost a direct line across the lot to the construction of this accessory structure that this applicant is requesting us grant, truly on an area variance aspect, ok. And that very simply is something that goes back to my childhood and that is the setting off of. a fire cracker in a wood pile, which was high enough to have the acoustics zero in on one of my ears when the fire cracker went of And very simply • made me deaf for about two weeks. MR. PENESIS: You're saying there was some concentration of the sound. CHAIRMAN: Yes. MR. PENESIS: In this case, the elevation distance is small compared to the distance between the two properties. What you effectively have is like a high ( ) and so long which the sound is traveling is close to a.direct distance, and the difference in the path lengths is not that great but I am willing to entertain what you are saying and that certainly can be incorporated as part of an effort to quantify the sound. But to date we had these claims and my response. CHAIRMAN: I can't see any other way of doing it except through a test, the objectivity of which has to be dealt with on the basis of a professional person as yourself, as you are. MR. PENESIS: I think you would have to agree on the terms of how do you interpret the data, how to take the data, it's not just take the data. There's going to be second guessing with that as well. But I would be happy to submit a protocol for doing it and so forth. 6 t ZBA Hearing(Cashy) Meeting of March 15,2001 MR. CUDDY. Based on the request of the Board in the last hearing which was quite awhile ago, we made an effort, through myself and Mr. Tohill, to come up with a plan that might be acceptable as far as landscaping, and obtained landscape people to do that, and I would like Derek Bossen to testify concerning the plan —that I'll hand you — which extends the existing foliage and adds a fair amount to it at the corner, which is closer to the objectants' house. CHAIRMAN: thank you. Mr. Bossen, would you raise your right hand? Do you solemnly swear that the information you are about to give us is the truth to the best of your knowledge? MR. DEREK BOSSEN: (Raised right hand and responded yes.) CHAIRMAN: what would you like to tell us? MR. BOSSEN: As per the request of the Cashys and Mr.Cuddy, I just designed an extension of the existing plantings that were already on the property. There's, as you see on the plan, there's an existing Leyland screen up to about where the end of the proposed retaining wall would be. The darker area just behind, just below that as you are looking at the plan, there's a new screen of Leyland Cypress down to about almost to the Sound edge of the nearest property, and then I wrapped it around to further thicken up that hedge and to block any visual contacts or if he had thick evergreen screen of the neighbors property — especially of that first floor. The first floor. Behind that initial screen I put another barrier of evergreen shrubs which were the Inkberries. And then in front it was more decorative ornamental plantings that would benefit the Homeowners and also provide screening to the neighbor's property. There's also, you see the dark line above it, that's the existing tree line. That's where the canopy is, as you stand at the 30 feet from the deck, as you look up there's the canopy of the existing tree line. Now the trunks of those trees are back about another 20 feet, 15 feet depending on the tree. There's a lot of shrub, underbrush in there that's existing. And you know, that's about all I have. Any questions? • CHAIRMVIAN: What is the total maximum height of the shrubs that you are proposing? MR. BOSSEN: Maximum height installed? CHAIRMAN: Installed. MR. BOSSEN: Six to eight feet. CHAIRMAN: And what is their maximum groth potential? MR. BOSSEN: Their maximum growth potential is, on Long Island, would be about 50 to 60 feet at their oldest. They can even be sheared to be maintained at a lower level. CHAIRMAN: So they could get as high as a poplar tree. ZBA Hearing(Cashy) - Meeting of March 15,2001 Affidavit he does not find that it has an adverse effect, so I'd like to make that part of the record. CHAIRMAN: You are referring to the neighbor's swimming pool — I mean, to the neighbor's property? MR. CUDDY: I am talking about the fact that a swimming pool that is on this property, the Cashy property, and that it would not have an adverse effect upon the property to the west. CHAIRMAN: Thank you. (Mr. Cuddy handed up additional information to the Chairman.) MR. CUDDY: Mr. Cashy and Mrs. Misthos are very anxious to conclude the hearings. They would have liked to be hear tonight but could not be hear tonight. They have nevertheless asked that we go ahead with the hearing, and I asked Mr. Cashy to supply us with an Affidavit regarding his use of the pool and also hand that up, and at the same time so I don't glare to you with trips, I will hand up a short memorandum that I have prepared really in response to the questions that were raised in the earlier memorandum, having to do with practical difficulties, the balancing test and so on. So I'll give you both of those, if I may. And then we'll conclude. (Mr. Cuddy handed up additional information with enough copies for all Members.) CHAIRMAN: Mr. Cuddy, the question is, have you discussed anything with present counsel on the other side? MR. CUDDY: No, I have not had an opportunity to do that. I was hoping that the communications with the prior counsel would have carried over — I had given him so the Board is aware, the plans that you had before you for landscaping, had given him the new revised survey, had discussed with him on a couple of occasions what we were doing, what we proposed to do, where we were putting the hot tub, how the pool was moved over, and I thought we were going in a different direction, but I have not discussed it further as you asked. CHAIRMAN: I guess the question is between now and the next hearings that we intend to schedule this for, do you intent to discuss this with counsel? MR: CUDDY: I would be pleased to discuss it with them. I believe they have the file. I have no problem discussing it with them whatsoever. Hopefully we were all on the same track and I would hope that we would get there again. Thank you. CHAIRMAN: Ok, in an attempt to wrap up this evening, I certainly don't want not to return to the opposite side, and I just ask those persons who would like to speak that they — that counsel has just taken 35 minutes, but there will be a final hearing because in all ZBA Hearing(Cashy) Meeting of March 15,2001 BOARD SECRETARY: Do you want to make it for approximately 6:30 p.m.? CHAIRMAN: 7:00 P.M. April 19th is another special meeting for us, so we will have, we would conclude this public hearing at that time, and that's all I can say at this point. I thank you very much for your courtesy and safe home. Motion seconded by Member Tortora, and duly carried. See Minutes. * * * _, / 1 --- Page 8 - July 6, 2000 Transcripts of Hearings Board of Appeals 6:51 P.M. - Appl. No. 4837 - HARRY CASHY & MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold. Parcel 1000- 50-1-3. CHAIRMAN GOEHRINGER: Mr. Cuddy, can I have the Affidavit of Posting. • (Affidavit handed up). How are you tonight Sir. CHARLES R. CUDDY, ESQ.: Fine, thank you. CHAIRMAN GOEHRINGER: You might just as well stay right up there, we're ready to go. Any time your ready, Mr. Cuddy. MR. CUDDY: I'm Charles Cuddy. I represent the applicants who have property at Hyatt Road, in Southold. This is an application to permit to go into the bluff area 26 feet from the top of the bluff line. The purpose of that is to build a pool. The pool is to have surrounded a brick patio area at the ground level. The patio will be in sand. It will not be in.concrete. So there won't be anything affected seriously by it. The pool as shown on the survey is a pool that in dimension is 40 x 20 x 18 feet. The patio area itself is 70 feet across, 30 feet deep. This house was built at the site that it's on because the location was dictated by the Health Department. The applicant could not go forward of the line that he is on. That is, could not go closer to the street because the well and cesspool • constraints dictated by the Health Department put his house right where it is. Mr. Ingegno is here, who is the surveyor, and can also indicate to you but I am stating it to you on behalf of the applicant, that his house is there because that was where he had to put his house. What we're asking the Board for is essentially a 26 foot variance to permit that patio area and the pool to go into the bluff area. We're aware of concerns that have been expressed about drainage. I'm aware of the Suffolk County Soil & Water Conservation statement. We have delivered today and I believe as part of the record Mr. Chairman, a statement from Cronin & Cronin Engineers indicating, that they're satisfied that we can place sufficient drainage at this site, sufficient capacity drainage rings so that there won't be any run-off that will adversely effect any of the neighbors. We believe that this is an appropriate application. Certainly having a swimming pool along this area is not an unusual amenity to a house. It's an amenity that a lot of people have. Unfortunately, because of the location we have to somewhat into the bluff area. But our engineers have indicated and think the County confirms it. that this does not destabilize the bluff. The main Page 9 - July 6, 2000 Transcripts of Hearings Board of Appeals concern is with drainage. We would say to you two things. That one, we will have an engineer certify that the run-off will be contained on our site, and we will produce that at the end of our construction so that part of getting the C.O. will be that we will produce for you an engineer's certification, that there will be no run- off that cannot be contained on our site, and that we have sufficient drywells to contain that. We also note there was some concern about the fence going into the foliage area. We will move the fence back if the Board desires so that it does not cut into that area. For those of you who have been here, this is a long walk down the steps but this is a well-vegetated area. This is not a bluff that's in any destabilization. I would think at this point, that what the applicant is saying to you is that he recognizes that he is asking for a variance. The variance is not a significant variance but it is a variance going to the bluff area. It does not cause destabilization. But we are aware of drainage concerns, and we will take care of all of those concerns. I'd be pleased if the Board has any questions. And to let you know that the Cashys are here. As I said, Mr. Ingegno is here and we are as I said, willing to produce a certificate from our engineer that we have taken care of the drainage concern. CHAIRMAN GOEHRINGER: Two quick things. The pool itself would not be linked to the house in any way, is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: Because we have a brick patio laid in sand which there is no way to anchor that to the house. Number 2, I think we've gotten to the point when we deal with these applications that we are significantly going to be discussing gunite pools as opposed to liner pools. Is this a gunite pool? MR. CASHY: That it is. MR. CUDDY: I believe it is. Mr. Cashy says yes. CHAIRMAN GOEHRINGER: And I'm saying that in general. I'm making a generalization because of fragile nature of the top of the bluff. Basically, a gunite pool is even more substantial than the foundation that the house is sitting on. MR. CUDDY: The answer to that is, that it will be a gunite pool. Page 10 - July 6, 2000 Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: At that juncture, this pool is never anticipated to be enclosed. Is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: We'll start with Mr. Dinizio. Any questions Sir? MEMBER DINIZIO: Well, it looks to me like according to these contour lines, that you can start at about 50 foot contour, and go down to 42? (Adjusted microphones at this point.) MR. CUDDY: Yes. MEMBER DINIZIO: How does that, how is that going to be built? Are you building it up, or are you digging into - MR. CUDDY: On the east side we'd be digging in. The grade would come out of the middle, and we go down on the east side and try to maintain the grade as we go along to the west side. — MEMBER DINIZIO: So you'll probably build it up where the hot tub is, and lower it? MR. CUDDY: Yes. MEMBER DINIZIO: So, what are you putting you know, on that side of the-, what's going to hold that pool and the sand and all of that on the - MR. CUDDY: There's going to be a retaining area that's going to built along the edge of it, so that that will be behind it. MEMBER DINIZIO: Is that wooden or concrete? MR. CUDDY: Yes, it should be wooden. It shows it on here but that's what it is. MEMBER DINIZIO: So, your drainage and that, how are you going to attack the drainage? MR. CUDDY: The drainage will be, two piped then will be off to the side, so it'll be the low point of trying to catch which is coming to that little point of the right because it goes across approximately 10 to 12 feet as it goes across the lot. " Page 11 - July 6, 2000 Transcripts of Hearings Board of Appeals MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: I think I'll pass for now, Mr. Chairman. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: I'll reserve,my comments. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: I won't ask any questions at this time. CHAIRMAN GOEHRINGER: OK. So, I guess what we'll see is what we'll develop throughout the hearing. As you know, we have a request to hold this hearing over until the next regularly scheduled,meeting, and we'll deal with that aspect at the end of the hearing. MR. CUDDY: Thank you. CHAIRMAN GOEHRINGER: Is there anybody would like to 'speak in favor? Does the Board have any questions of Mr. Ingegno? Mr. Ingegno has become a renowned surveyor in this area, and I see him on all kinds of stuff. Any questions of'Mr. Ingegno while he's here? I guess not. We thank you for coming. Anybody else like to speak in favor of this application? Anybody like to speak against the application? Yes, Ma'am. Would you state your name for the record. MS. BUTZ: Yes, Sir. My name is Mary Butz, and I am one of the owners of 2022 Hyatt Road which is right next door. CHAIRMAN GOEHRINGER: Standing on the street, is it on the left or the right? MS. BUTZ: On the west. CHAIRMAN GOEHRINGER: On the west side. MS. BUTZ: I'm on the right. I'm going down the road. CHAIRMAN GOEHRINGER: You're going down the road more towards - BOARD SECRETARY KOWALSKI: It's on the left though. - Page 12 - July 6, 2000 . Transcripts of Hearings Board of Appeals F MS. BUTZ: More towards Kenny Beach. I'm from Brooklyn. East, west, these are difficult issues. CHAIRMAN GOEHRINGER: I'm sorry. MS. BUTZ: Alright. CHAIRMAN GOEHRINGER: I didn't mean to confuse you. MS. BUTZ: OK, anything of that nature can. I first became aware of this on, think it was Thursday evening that this was going on. Apparently the registered letters were sent to the previous owner as opposed to us:. And I wrote a handwritten letter which nobody does today. Everybody does computers so you can tell how distressed I was. A handwritten letter, and presented it to your office on Friday, in the hope of having this be a continuance. Continuance which is what I believe it is called, and the very little time that I've had between • then and now, since it's Independence weekend, I mean you try and getting somebody. The very little time I've had between then and now has led me to believe that a very minor investigation that I've done, has led me to believe, that this will be harmful, very, very harmful to the property that I own. The drainage issue is an issue of tremendous concern to me. The inquiries I've made of the people who have lived in the area, neighbors, people who have been there, and the previous owner, all, everyone has told the same tale, and that tale is, when this house was built that that property formerly the Lowell property suffered enormously. The lawn was flooded, the basement was flooded and the path going down to the beach was flooded as well. They're terrific drainage issues. I'm in the process of trying to find out who to hire about this and where to go about this. But that taken aside, my novice not knowing east, west, north, south, left or right. My novice analysis of this is, that I am firmly opposed to it for several reasons. (1) certainly my own holdings; (2) the impact it will have on the bluff. I invested my life savings, and this is my primary residence in that. piece of property because it was beautiful and I want it to remain so and I cannot be clearer about this. And it's uncomfortable because these folks are nice neighbors and this is an uncomfortable kind of place to be but I cannot be silent and I know there are several others who - CHAIRMAN GOEHRINGER: Can I share something with you apart from the drainage issue and I brought this up before and I don't mean to be redundant with this Board, but it's very important that we do so. This Board took over a series of three meetings. A pool issue in Mattituck with a bluff that's higher than yours, that's not a sarcastic statement, OK. It's equally as beautiful as yours and the applicants. However, much more frail in reference to the foliation of the bluff " Page 13 - July 6, 2000 Transcripts of Hearings Board of Appeals I and the stability of the bluff. And they brought in engineers and again, this has nothing to do with the main issue. I think that one of the main issues that your concerned about is the issue of drainage at this point. They brought in engineers and there was an engineering study done that the weight of the pool with the water in it was actually lighter than compacted soil as rain water hits it and compacts it down on the property. And we found that to be a very interesting aspect in dealing with these particular applications. So the Board very simply does one thing. The first thing we do is we contact Soil & Water Conservation. I don't know if you get a copy of that report. MS. BUTZ: Yes, I got it, I was able to get a copy today. CHAIRMAN GOEHRINGER: We don't construe;that to be law, but we are very happy, that there is an agency out there that assists us in looking at these applications. Number 2, based upon my conversation with counsel, we make sure that these accessory structures are never linked to the house. Number 3, you heard me say, that we are concerned about the pool and its stability and that is, is it a gunite pool and we are with the understanding that it is a gunite pool. Number 4, the drainage issue because pools occasionally, the pool filter has to be reversed and sometimes the pool itself overflows based upon water or whatever the case might be. And these are all issues that concern us apart from the other main •drainage issue that you're concerned about, which you're investigating. I am not speaking for this Board. I'm speaking as an individual. I've been here a long time. I'm not saying that I'm a well-versed person in pools on bluffs. We do grant a substantial amount. Most of them we push them back a little bit farther. We shrink the pool a little bit and we go back and look at it when they're done and they really have very little environmental hazard once they're completed and they go through our review. And I have no objection in giving you the time to evaluate this drainage issue. But what I need to do, is make an appointment with you on a Saturday and go over and look at your property because I want to see your concern from a grass roots point of view. I'm not going to discuss that concern with you at that point. I'm just very simply there to see how your concern basically lines up with everything that we are discussing here and in no way am I second guessing your concern. These are very valuable pieces of property. These are extremely probably the nicest pieces of property in all of Southold on the Sound. What's the date of our next meeting? BOARD SECRETARY KOWALSKI: August 10th. CHAIRMAN GOEHRINGER: August 10th. What's the weekend before that? That is Thursday, somewhere around the - Page 14 - July 6, 2000 Transcripts of Hearings Board of Appeals MEMBER COLLINS: 5th. CHAIRMAN GOEHRINGER: 5th, OK, alright. MS. BUTZ: 5th of August? There are several people who wish to speak as well. CHAIRMAN GOEHRINGER: Yes, I know. I think what I'll do is, if you will just leave us your name and telephone number and I'm not positive I'm going to be here on August 5th, but I'll be here the weekend before that, which is seven days prior, which is the end of July. So, if I could meet you out here and you know, just take a look at the entire area because that concerns me deeply. MS. BUTZ: I'll have to check my business schedule. I travel quite a bit, so I'll have to find out. I even stated that in the letter as well. So this just hit me like a bolt of lighting. CHAIRMAN GOEHRINGER: I understand. MS. BUTZ: And there are several others who wish to speak. CHAIRMAN GOEHRINGER: Surely, we'll continue. Thank you. MEMBER DINIZIO: Can I ask a question. CHAIRMAN GOEHRINGER: Oh, wait, Mr. Dinizio has a question of you Ma'am. MEMBER DINIZIO: You mentioned about when they built the house. You said, _ it caused problems on a piece of property that you currently own? MS. BUTZ: Correct, yeah. MEMBER DINIZIO: Has that been corrected MS. BUTZ: To my knowledge yes. For the current disposition of the house believe yes. MEMBER DINIZIO: I mean do you live there now? MS. BUTZ: Yep. MEMBER DINIZIO: So you have no complaints about what happens now when it rains with the house there? Page 15 - July 6, 2000 Transcripts of Hearings Board of Appeals MS. BUTZ: No, not yet. I've only lived there since September 19th. MEMBER DINIZIO: OK, no, no, no, I understand that but what I'm looking at here is, do we know what they did to correct that problem,'or was it just - MS. BUTZ: That we have to do some investigation on. It would only be hearsay at this point. MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Good evening Ma'am. MS. RAVITCH: Good evening. My name is Diane Ravitch. I am: co-owner of 2022 Hyatt Road. I was recently appointed a Member of the Southold Landmark Preservation Commission and our house is not yet a landmark. Yet, it may soon be because it's a original part of the Marshall Estate which was moved from about a mile east of where we are now. I'm very unhappy about having to be at the hearing because I think the Cashys are lovely people, and very fine neighbors, and it's a very uncomfortable position for neighbors to be in, so would wish that this were not taking place. But my concern was, first of all we ® didn't receive notice. I received a registered notice, a registered letter yesterday giving me in effect 24 hours notice. Now the Clerk of this Commission knows that I stopped by Friday, because I heard from neighbors, that there was going to be a hearing and I don't think, that is an appropriate way for a next door neighbor to find out about it, and there was some confusion about why the letter was sent to the previous owner because we've owned this property since September, and we do get tax bills. They haven't missed us once on getting reassessed and so forth. My concern in addition to not getting notice, and not having time to investigate this is that there is a very different pitch in the property between one that's under consideration and our as an next door neighbors. • Their highest point at the eastern end of their property is 54 feet high. Their lowest point I believe is 40 feet. So, they have a 14 foot pitch on their property, rolling down to ours, and our then drops then to about 35 feet. So, it's almost a 20 foot drop and we saw an architect today who said, your property is a catchment basement for the property next door. So, our drainage concerns are very serious concerns. We're very concerned, that this could have an impact on what is a historic house which is 100 years old, and we feel that our property is very much aggress from the kinds of changes that are being proposed and there would have to be very extensive preparations made to assure us, that our house will not be flooded as it was before, and we learned only today, the full extent of the damage which was that the lawn had to be replaced, the driveway was damaged, the whole area was under water as a result of the* work under • Page 16 - July 6, 2000 Transcripts of Hearings Board of Appeals construction. So, needless to say, this is not just an esthetic issue, it's a very serious structure concern for us. Thank you very much. CHAIRMAN GOEHRINGER; Thank you. MEMBER COLLINS: Mr. Chairman? CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: Before this lady sits down. MRS. RAVITCH: Yes. MEMBER COLLINS: I'm sorry, I just want to get clear in my head, which property is yours. MS. RAVITCH: 2022 Hyatt Road. MEMBER COLLINS: I'm sorry. MS. RAVITCH: I'm sorry, it's the property directly to the west of the Cashy — property. MEMBER COLLINS: Oh, that's formerly Lowell? MS. RAVITCH: The former Lowell property. MEMBER COLLINS: I'm sorry, I thought formerly Lowell was Ms. Butz's property. MS. RAVITCH: No, we're co-owners of this property. MEMBER COLLINS: Oh, thank you. The same property. MS. RAVITCH: Thank you. CHAIRMAN GOEHRINGER: Next person. Yes Ma'am. How are you tonight? MS. JUDGE: I'm Diane Judge along with Peggy Hadley. I own a house adjacent to the capping of this house, just above the Butz-Ravitch house, on half the lot. I'm not against swimming pools. I wish I could afford one what with the jelly fish. But I'm here to voice objections to the consideration of variance. To use 26 illegal feet of dunes for the purpose of building a swimming pool, hot tub and Page 17 - July 6, 2000 Transcripts of Hearings Board of Appeals brick terracing, into the precious dunes on the Southold inlet. The point is, that between Horton's light and Kenny Lane, there are some 20 houses maybe. I don't know, I've never counted them. Most of them cannot be seen from the magnificent beach along the sound. What happens if the Town of Southold allows its law against encroachment on the beach to be bent this one time? Why Mr. & Mrs. Toedter, the people who live on the eastern side of Misthos's house, will be on the phone next year themselves asking for a similar swimming pool, and how about Jack LeLane, he'll be there next, and probably even Diane Ravitch and Mary Butz will start thinking about putting in a swimming pool. mean Liz'Worths, Otto Lindermayer, Rayne Norman, the Lesters, the people who own Zone Bluff. I noticed last week they're surveying the only empty lot on this road. Obviously it's for sale. Once you see a beautiful swimming pool right on the dunes you have the right:to expect that you can do the very same thing yourself. Certainly, someone new will see that and want. We are being ask to give 26 feet of dune. That's one-fourth of the illegally forbidden zone. They can't do it all from one side. Bulldozers, backhoes, cement throwers,-they have to go around. They have to cut into this dune no matter what anybody says. It's not possible to do it in any other way. To grant this variance would be opening too many steps to too many diving boards. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally configures to the run- off. Much of the woodsy sites on the hill have been converted to lawns, and in some case nothing but muddy driveways to accommodate the trucks. I'm sorry, I'm out of whack here. I left out a paragraph. Let me back-up a second. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally contributes to the run-off. Much of the woodsy sites on the hill have been converted to lawns, and in some cases, nothing but muddy driveways. East of this location, just such a driveway and drain pipe, and I do think they put in a drivewell to take off the runway after they built the house. And I personally saw the damage that was done to the Lowell's basement, and to their lawn which the people had to reseed at least three times in the course of one summer. Plus the Lowells had to put a tar strip on the bottom of their driveway and a cement thing guiding the water down because there is a right-of- way, where seven or eight houses use of this path to the beach which was once a for road runners. It's the only natural cut in this point of the island, and this is only going to add further to the erosion of, that beach. If you go down there today, you will see half of the sand and dirt from the Lowells, abuts Ravitch's property out on the dunes. Just to-the east there's a house that has a similar drain pipe whether it's legal or illegal I don't know but they have a driveway and a drain pipe leading out to the dunes, and last year at least 35 feet of dune fell into the sea. All of these enormous big black pine trees, you can still see their trunks as you're sitting on the beach. They lost their steps. They lost everything. And my concern really is not as I say about swimming pools. I think the people are lovely people. I don't object to anything they're doing except the Page 18 - July 6, 2000 Transcripts of Hearings Board of Appeals ) law. The laws must be fair and sound to begin with. You all made them. assume Southold fathers who go to Zoning Law deemed it to be fair and correct. It would be unfair, and incorrect to everyone on Hyatt Drive. Everyone who uses the public beach, and all of natures creatures who depend on this habitat of what. was and could still be the bucolic North Fork. I cannot see again you bend the law this time, you're going to be bending it 14 or 15 times in the next few years and that was my objection. Thank you. CHAIRMAN GOEHRINGER: Thank you. Next person. Good evening Sir. MR. MULLADY: Good evening. My name is John Mullady of. My wife and I own a parcel of property. Five parcels to the east of town property in question. Again, I'm not here to discuss swimming pools, except one correction that the gentleman who was talking earlier said there are numbers of swimming pool up there. There are about 36 home sites in the area ( ) an extension. As far as my knowledge there are two pools. So, I mean, a number of, yeah, two is a number. All I wanted to say merely was that a ruling of 100 feet, I don't think that was pulled out of the air by somebody who said, that's a nice number. 26 feet is a quarter of it. To take the quarter of this piece of wood which is if it were solid to the floor, take a quarter of it off, and cut out what's holding it by at least 14 feet on one end, and maybe 8 on the other end, you've got a tremendous whole line made here. That's going to be petitioned or supported by ( ). Will it work? Well, there's one way you can find out is to do it. However, I would just like to mention, that the property directly contiguous to ours, on the east, two years ago, one Saturday night, the entire top of the bluff and vegetation disappeared, and the gentleman who owns the property was away, came back that night, Saturday night, got up Sunday morning and looked out and said, what's different out there? What's different out there was that it was all gone. Why did it all go because he was building? No, he wasn't building, there were no machines back there. He wasn't digging anything. The house has been there probably for 15-17 years. There's been nothing changed there except this thing went one day. Why did it go? I have no idea. I asked Mother Nature but she hasn't you know, E-Mailed me back yet. These things happen. Unfortunately, they happen. I'm next door. I lost some bluff. I'm concerned about all of the bluff. If you go from the Lighthouse at Horton's Point, east or west, you will see where it's eroded, and I know you people have all seen that. Peconic Shores, part of it, is a disaster. We have some vegetation on the bluff? Yes, sure. The property next door to me was highly vegetated. Overnight it wasn't. He wasn't putting in a swimming pool. I'm not saying that would make it happen or not happen. But it seems to me, you're going to cut out that big a piece of property, and that much of a retaining a natural retaining behind it, something is going to change there. I would prefer not to see it change that way. It seems to me, that the rules are the rules, and breaking them or bending them, for something of this Page 19 - July 6, 2000 Transcripts of Hearings Board of Appeals nature, I think is poor establishment. Terrible precedent that a lot of people here today, or tomorrow might regret. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Yes Ma'am. MRS. TOEDTER: I'm Mrs. Toedter. I'm on the other side of the property. I did send a letter. Did you enter that into the file? CHAIRMAN GOEHRINGER: I believe we did. MRS. TOEDTER: The letter? CHAIRMAN GOEHRINGER: I believe we did. MRS. TOEDTER: OK, but one point that no-one else seems to make is, we own our pumps and wells are in the back and the cesspools are in the front, naturally we had to do it that way. If anything happens when they put in the cesspools with all the septic systems and everything, I don't know that what do you do with your, if they disrupt wants going on there? I think there's a lot of big problems ) that could go on up there. • CHAIRMAN GOEHRINGER: We would hope there's no disruption. MRS. TOEDTER: We would all hope. CHAIRMAN GOEHRINGER: When you say in the back. You're saying the cesspools are in the front of the house, or in the back of the house? MEMBER COLLINS: Roadside. MRS. TOEDTER: It depends on what you're calling the front. MEMBER COLLINS: Roadside. CHAIRMAN GOEHRINGER: You're on the roadside. MRS. TOEDTER: Actually on the dirt roadside and the cesspools - CHAIRMAN GOEHRINGER: Let me just say one thing, OK? The third lady that spoke tonight concerned herself about heavy machinery. We've gotten this thing down to the point, when I say thing in general, I'm making a generic statement. We allow one backhoe, alright. One small to medium size backhoe in the construction of these pools. I don't care if it costs the man 20 or the lady ' Page 20 - July 6, 2000 Transcripts of Hearings Board of Appeals ,,--�, I $25,000 to pump the cement in over the top of their house with a cement pump. But there is no heavy equipment allowed in the construction of any swimming pool in the Town of Southold, on a bluff, on a dune, at this particular time, if it's �-: granted by this Board. That is clearly stated within these decisions, and we have started this process also. I am not orchestrating. I am not pushing for the swimming pool in any way, manner or form. I'm just telling you, that we are trying to take every possible precaution. That is - MRS. TOEDTER: The weight of the cement and the weight of the water? CHAIRMAN GOEHRINGER: Everything is taken into consideration. We are not an environmental group. But I assure you, if it requires triple layering of some type of barrier when it's being.constructed. I'm talking about straw or hay or anything. The least amount of defoliation of the grassed area when it's being constructed, so on and so forth. These are very important factors for us to concern ourselves with in the construction of these pools. Again, I'm not orchestrating this application. I am not trying to push for. I'm just telling you, that _ these are things that we do. When the swimming pool is done, we go back and look at it. (change tape) between the houses to the west, and that concerns me, _ and that's the reason why I want to look at them. I want to look at this Valley issue that's in between. I'm not an engineer but I want to look at it anyway. I've been doing this for 20 years, and I want to see what these ladies are talking about. MRS. TOEDTER: Is there a cesspool right there where they want to put the pool? CHAIRMAN GOEHRINGER: No. MRS. TOEDTER: There's a pipe. I guess that's the drain. CHAIRMAN GOEHRINGER: I have no knowledge of any cesspool. The cesspool is in front of the house. MRS. TOEDTER: OK. CHAIRMAN GOEHRINGER: So let us do our job. You know we're going to ' carry this on to the next hearing and I will look at that in between the two hearings. I think this lady in back had a question there but we'll wait until you sit down. So, we'll take all of your concerns and we'll deal with them and that's why your here to voice your concerns. ' Page 21 - July 6, 2000 Transcripts of Hearings (Th. Board of Appeals I MRS. TOEDTER: I thought maybe you had already investigated and that's why you're - CHAIRMAN GOEHRINGER: I have been to the site. I am very:happy about the bluff itself because it's not that frail. In reference to it's very well foliated and you know, that makes me very happy. Unfortunately, I had shorts on that day, and get poison ivy like you will not believe, so I did not walk anywhere, maybe within 30 feet down the bluff and I didn't go all the way. Normally I go all the way. But we will take everything into consideration. So please - MRS. TOEDTER: I'm sorry I missed the beginning of the meeting. I didn't know if I could get here. That's why I wrote the letter. You took into consideration the fact that you passed a law,,,and now they want the circumventure of law, and you'll probably pass the law- CHAIRMAN GOEHRINGER: Can I just explain this? I said this at nauseum, and this has nothing to do and I will reflect upon this also. When this law went on the books, I discussed it with the orchestrater of the law, and I told him, that this will create a tremendous problem for people that have existing dwellings, and people that want to build new dwellings, on smaller lots. This is not necessarily - — a smaller lot. But we had heard from counsel,. that they were mandated to put the house in this location. That does not mean that we constantly push this 100 foot issue. The orchestrater of this law told me, all he wants us to do is look at every individual application, and he wants us to minimize the type of construction that we have. That doesn't mean the law doesn't stand. It stands. Only this Board can vary it and only this Board will vary it, and that's the way it's been since the law has been effect. MRS. TOEDTER: What is itlike between houses, because you know someone calls it's pretty, they carry the sound and that's why I'm trying how many feet it has to be from another house? CHAIRMAN GOEHRINGER: There's no law in that respect. MRS. TOEDTER: Because I know the people below them, their bedroom, the Lowell's bedroom is right next to the water there, and that's the water ( ) over and if a pool were there, you could hardly even and people were jumping in and out at night, they could hardly use that room as a bedroom. CHAIRMAN GOEHRINGER: I see. .MRS. TOEDTER: There's no law about that? Page 22 - July 6, 2000 Transcripts of Hearings Board of Appeals a CHAIRMAN GOEHRINGER: So let us do our job. Let us continue the process throughout this hearing, into the next hearing which will be in August and we will report back to you what we found, and we always do, and then we'll - MRS. TOEDTER: We're unfortunate are on that side of the bluff, because we don't have as much on the other side but it's starting, and just last winter what use to be better crossing to that bulkhead down, and so it's a, it's been fragile. CHAIRMAN GOEHRINGER: They are fragile. Thank you. MRS. TOEDTER: Thank you. CHAIRMAN GOEHRINGER: Ma'am, I believe you had, I don't mean to'-point at you, but I believe you had a question before that you wanted to - MS. : When you said no heavy equipment. How big is a truck that brings the water in alone? CHAIRMAN GOEHRINGER: The truck has to remain in the front of the house. There is nothing that is allowed to the rear of the dwelling except for, except for ) a small backhoe to dig the hole. That is it. That's the condition. MEMBER COLLINS: Mr. Chairman, can I put two cents in? CHAIRMAN GOEHRINGER: Yes, but this lady hasn't - MEMBER COLLINS: Oh, I'm sorry. I thought Ms. Butz had finished. CHAIRMAN GOEHRINGER: I'm=sorry, again I apologize for pointing at you. MS. MITZNER: I know this is going to be ( ). I feel very strongly about it. Terry and Jennie had me here tonight cause I - CHAIRMAN GOEHRINGER: We need your name for the record. MS. MITZNER: Melanie Mitzner and I bought their house on 1050 Hyatt Road. And I have, I was in on the hearing on the other, well I wasn't on the other side "r because I was happy that the property was large and they couldn't develop it.' When a very delicate ( ) system they are more protected and there is a bluff that has collapsed within five or six properties or less in that area, just due to north eastern rainfall run-off tide, whatever you know is happening. I think that building in that location is taking an undue risk, and the bottom line is, when it's nature against man, we all very well know who wins out. Page 23 - July 6, 2000 Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Thank you. You want to make a statement Ms. Collins? MS. BUTZ: Sir, when is the next meeting going to be, did you say? MEMBER TORTORA: August 6th. MEMBER COLLINS: No, 10th. CHAIRMAN GOEHRINGER: August 10th. MS. BUTZ: 10th, QK. I have to see you after this, is that,correct? CHAIRMAN GOEHRINGER: No, if you would call me tomorrow. Call the office tomorrow and just leave your phone number and we'll set up some date that's convenient for everyone. MS. BUTZ: OK. —� CHAIRMAN GOEHRINGER: I mean it's not necessary if this nice lady sitting next to you is going to be there, you don't have to be there. MS. BUTZ: I own 50% of it. I want to be there. CHAIRMAN GOEHRINGER: OK. MS. BUTZ: This is my primary residence. CHAIRMAN GOEHRINGER; I understand. I mean I'm not trying to strip you of that. MS. BUTZ: It's not my summer home. This is what I own, but I wanted to ask one more question. CHAIRMAN GOEHRINGER: Sure. MS. BUTZ: I have to go and check my calendar. I may have to postpone this. We may have to have another discussion like I don't know if I'm going to be here August 10th. This all came like gang busters_ CHAIRMAN GOEHRINGER: I understand. Page 24 - July 6, 2000 Transcripts of Hearings Board of Appeals MS. BUTZ: Alright? MEMBER HORNING: Mr. Chairman. That particular lady I think is the one who mentioned the right-of-way. Can someone tell us more about it?- This is right- of-way ,- that you say is used a - MS. RAVITCH: On the property that we jointly own there's a right-of-way and there are several families that are entitled to come through that right-of-way to the beach and it's on the west side of the property that we own leading from our driveway down to the beach. MEMBER COLLINS: It's a footpath, right? MS. RAVITCH: It's a right-of-way. It's a footpath. MEMBER COLLINS: Footpath, OK. MS. RAVITCH: And it was as I mentioned earlier washed out during the construction of this home. This home by the way, was constructed after the passage of the 100 foot requirements as I understand. CHAIRMAN GOEHRINGER: H'm, h'm. OK, Ms. Collins. MEMBER COLLINS: Mr. Chairman, I just wanted briefly to address a couple of comments to the neighbors which I think they deserve to hear from us. We hear frequently at this Board, we must obey the absolute letter of the law. The law is the law. Someone here tonight used the word, circumvent with respect to the _ request for a variance. It's not circumventional of law. The State of New York, the Law of the State of New York, says that if a locality has zoning setbacks and other things like that, a locality must have a Zoning Board of Appeal as an Appeal Board for people who are unable to do what they want with their property because of zoning and our job is to balance and to weigh and the State tells us that's our job. And the laws are on the books, and the laws are the laws and it's our job to hear appeals from them and it's not circumventing the law. I just don't want you folks to think, that there's something predacious about our appeals process. This is the way it's suppose to work. Thank you Mr. Chairman. MEMBER DINIZIO: Can I make a comment also that may be helpful to you folks? CHAIRMAN GOEHRINGER: Sure. 1 ' Page 25 - July 6, 2000 Transcripts of Hearings , _. ("') Board of Appeals • MEMBER DINIZIO: If I were to hear from say, an expert on your side. Say you go out and find an expert on your side, I'd want to hear about three things. One is if that erosion is still going on from the house and whether it's still effecting •.: your property? The second one is, if I could hear an expert tell..me, why that bluff that you say went down five lots, why it went down? Give me a reason because living here all my life, it doesn't just happen overnight. There's always some way, some how something has happened, and if you can bring a reason and I'm not suspecting what the reason will be good or bad to this applicant, but certainly would be helpful for me if you want to inject that into this conversation. If it's helpful to you, good. If it's not, you know, maybe you don't bring it up. And certainly, I think that the 100 foot setback as I've always seen it, you know, it's just that. It's a 100 foot setback and you try to live by that, as much as you .,- possibly can but when the other zoning laws, the other laws gave him a waiver, a person a use of his property, you know he has to have a place to seek relief because you know he's a taxpayer just like anybody else. And I can probably say from my point of view, that this application will look much different when we're done with it, and I know you're probably all friends and I hope you all leave friends, but if you can inject and try to show us you know, why, give me a concrete reason as to why you think that this particular pool will cause any erosion at all. You know there are experts. People that may be able to say, give a good reason for that. I'm certainly willing to hear it. I do know seating on this Board now for 14 years, you can build this close to a bluff, and you can do so without disturbing that bluff. But you know, if you have concerns, and you know, express your concerns to an expert and he can explain to us, I have no problem whatsoever, you know believing that fact. Thank you. CHAIRMAN GOEHRINGER: OK, we are at this particular point, we have requested, oh, you want to say something? Pardon me. MEMBER TORTORA: I just like to ask the attorney for the applicant. CHAIRMAN GOEHRINGER: Mr. Cuddy. At that point, if it's alright with everyone then we're going to recess until the next regularly scheduled meeting. MS. BUTZ: Or later if necessary. CHAIRMAN GOEHRINGER: You'll have to send us a letter on that respect. MS. BUTZ: I shall do so but I want that on the record. CHAIRMAN GOEHRINGER: Right. Mr. Cuddy. I don't know if he can hear 1 you. ti ' Page 26 - July 6, 2000 Transcripts of Hearings .. - , _ Board of Appeals ---.) MEMBER TORTORA: How high is that retaining wall? MR. CUDDY: The retaining wall that's on - MEMBER TORTORA: The retaining wall of, the timber retaining wall that holds the brick patio? . MR. CUDDY: You mean the proposed wall - MEMBER COLLINS: The proposed. MR. CUDDY: There, I think probably Mr. Ignego could say how high. MR. IGNEGO: It's going to be approximately 4 to 5 feet high. They intend to dig into the east side by about 3 feet and then fill to about an 8 or 9 foot difference in elevation. MEMBER TORTORA: It's going to be graded? MR. CUDDY: It's going be graded to the middle. ) MR. IGNEGO: The middle will be the center grade and then they'll cut into the eastern and fill to the west. MEMBER TORTORA: OK, the other thing I was reading Soil & Conservation and you read the report, you know the concerns. One of the concerns was, that the erosion would be compounded from the brick patio being impermeable _ surface but I wondered if you come with any options on that? MEMBER COLLINS: It's in sand. MR. CUDDY: Two points that I was making. One was that the brick surface is not going to be completely impervious because of the placement of the sand, which probably makes it very little different from hard dirt that would be packed at that site. Secondly, that's the purpose of having to drainage it at the south west corner. Any run-off that would come by virtue of the elevation at that point, would be picked up by the drainage pools that would be there, and we, that's why I indicated initially, that we're willing to have our engineers, Cronin & Cronin, certify to the Board, that what we proposed would be adequate to take all of the drainage run-off and will not go on to the neighbor's property, and I understand that concern. Page 27 - July 6, 2000 Transcripts of Hearings (', Board of Appeals J MEMBER TORTORA: Well, the other question we always ask, and you know the question is, is this the minimum setback that you can live with? MR. CUDDY: Well I would say, that=there's a few feet less but not an awful lot the way this pool is setup here. With the pool as you can see is a basically a 20 foot cross pool. As far as the width of it goes, coming from the deck out towards the bluff area, part of that pool as a matter of fact is within with the inside of the liner, that's probably 2 to 3 feet. I would think, that there's very little I think you can cut-off and still have an adequate pool. We probably could cut some of it r but not an awful lot. CHAIRMAN GOEHRINGER: Thank you. George, you have a question? ' MEMBER HORNING: No. CHAIRMAN GOEHRINGER: Again, at this particular point, we're in recess. I will make a motion recessing it to the next regularly scheduled meeting, which at this time is August 10th. However, unless I get a letter from you, (Ms. Butz), it will be up to the Board to make that determination then at that point, OK? MS. BUTZ: Yes, I understand. But I do need sometime to get my own expert witness as well. • CHAIRMAN GOEHRINGER: I understand and you'll give us a call tomorrow and leave your telephone number. MS. BUTZ: I won't be back at work until Monday. CHAIRMAN GOEHRINGER: That's fine. This is not going to be until the end of July anyway. MS. BUTZ: This has been a wonderful vacation. I wanted to tell you all that had a wonderful time. CHAIRMAN GOEHRINGER: We're sorry about that but we would like you to call us so that I can make an appointment with you around the 27th, 28th, 29th of July, whatever. MS. BUTZ: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you. Yes, that is a motion. See Minutes for Resolution. • APPEALS BQARD MEMBERS " r g`OStFFO`�C0' ; Southold Town Hall Gerard P. Goehringer, Chairman is • Dy% 53095 Main Road ; James Dinizio,Jr. o A`' P.O. Box 1179 Lydia A. Tortora Southold,New York 11971-0959 Lora S. Collins : ° X4'7 - ZBA Fax (631)765-9064 George Horning ;_�Q! ' • ao'i/ Telephone (631)765-1809 • BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING THURSDAY, JUNE 7, 2001 A Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, June 7, 2001 commencing at 6:25 p.m. Present were: Gerard P. Goehringer, Chairman James Dinizio, Jr., Member Lydia A. Tortora, Member George Horning, Member Lora S. Collins, Member Paula Quintieri, Secretary 6:25 p.m. Chairman Gerard P. Goehringer called the meeting to order. * * * AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following determinations were filed with the Town Clerk's Office, and copies are attached to this set of Minutes: Conditional Approval: Appl. No. 4948—George L. Penny, Inc. Approved as applied for: Appl. 4924—John M. John Brief Discussion: Appl. 4837 - Harry Cashy and Maria Misthos Cashy. The Chairman stated that this will be carried to end of tonight's meeting. Also, possible Special Meeting June 20, 2001 if not addressed tonight. Appl. No. 4909—McNamara/Mueller. No decision at this time. (Po§sible Special Meeting June 20, 2001.) (See end of Minutes for action taken at this meeting.) Page 10 —Minutes ~ '�1eting IfaId June 7,2001 Southold Town Board of Appeals Conditional Approval: Appl. No. 4954—Gene Walker Appl. No. 4959 — Dennis and Desiree O'Clair Appl. No. 4866— Norma Miller Appl. No. 4906 —V. and R. Lynch Approved as applied for: Appl. No. 4956 — Robert and Kathleen Lawrence Appl. No. 4953— Henry L. Ferguson Museum, Inc. Appl. No. 4955—Anthony and Carol Mitarotondo Appl. No. 4961 — Robert and Patricia Winchester Appl. No. 4909 —McNamara/Mueller— Reversed B.P. Denied: Appl. No. 4837— Harry Cashy AGENDA ITEM V: RESOLUTIONS/UPDATES/OTHER: A. Chairman offered motion, seconded by Member Tortora, to confirm the following applications for August 16, 2001 calendar: 1. Appl. No. 4939—Janet Wockenfuss •2. Appl. No. 4958 —A. Marinakis 3. Appl. No. 4927— Kace LI, Inc. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Collins, and Horning. This Resolution was duly adopted (5-0). B. The Chairman discussed possible correspondence in reply to Attorney Price's "inquiry" Re: prior ZBA variance adult home use and request for tourist home use. • AGENDA ITEM VI: EXECUTIVE SESSION (none held). * * * Brief reviews of pending files and general discussions by Board Members followed. * * *. There being no other business properly coming before the Board, at this l � '� s Q�o CASHY / MISTHOS PROPERTY SOUTHOLD, NEW YORK REVIEW OF SITE DRAINAGE AND INSTALLATION OF POOL, SPA & PATIO AREA STEVEN L. MARESCA CONSULTING ENGINEER 188-07 W. MONTAUK HIGHWAY •HAMPTON BAYS, NY 11946 • (516)728-9480 • FAX (516)728-9484 October 18, 2000 .F • ' , /V V J � 6ARAdE . HOUSE I DECK LO C4 lUc-i 54 `I I of Da.WwELL n SINSLE STORY ISECTION OF HOUSE PROPOSED vPOOL A .. - .11•11•1•1• - =NM= A / --\\ \) . SPA . E 54 52 DECK 'r~ 5o1-1( . --- 48 46--� --- TOP O --�-- UFF 44 'NI\ _ _ 42-- 3A 40 36 • GASITY/M I STHOS RAV I TGH/BUTZ PROPERTY PROPERTY 2 SITE LAYOUT SCALE I " = 30' fl } IE ! 11111 i JIII • • t � e i W a) ca z = r3 A— Q c. I- Z y > z . �: CASITY/MISTHoS RESIDENCE � , a w1w PROPOSED SPA t i - � z D z 0,7_1' 2 story frame structure .___I up ' 2 1 wl PROPOSED RETAINING v m s EL. 54..0 I WALL I, CI) PROPOSED PATIO r EL. 50.011. 446%'***'"....„,,,,,_ �� EXISTING DECK ELEV. 50.0 RREITDENEUTZ I STONE WALL,.. . '., ;:R . . . ..,. - - �� EL. 47.0 H w!w l proposed o-Iz M1 - pool 0:p EL. 41.0 EI - `- 1 ` bedroom area - , EL. 37.0 FIN FLR. EL. 36 5 . . EL. 35.0 - EXISTINta DRYWEL ; ; basement is — aW TIMBER71 £ 1O 0/ , _ ase F = . < • section a ;_ � • J $ SCALE 3/32' - 1'-0" > ; Q ►— a cF) 3 1 DRAWN : I CHECKED SM DATE :IO/12/OO SCALE : AS NOTED JOB N0, SHEET IOF ! SHEETS IIIIIIIIIIIIIIIIIIIIIIIII it y ° ........„."'-e',/.3 ' k -,a:.'' ‘ ik ft e f Lk •ate, k i.. ` • { „ ,,,,,,,,-?::4,1.,-%, i e. �a'�"rky.P •.K . ie• ti . ” . , •: •'r • ta �-•„'.--.,m: z- ° a., sz - ' — . '9' u'LR . yqS ._ _ 44, ,I•.• ", % r S; ' 11111}1! v ram—li._i--,—N—g' r _ — — -___ .,,,t,,,c;.i', t e4'.' v�,y,l 4f1 l7i `♦' 1 3• EYP'- ` laud 1 .„ . .� .. .4, , a.,-a ..7 . r ..'-.A 1.t. .w`,;IN. ;w •:.-40...,. s':,... M l+;e' • . t. t S 5, ' ;At± tib View of Cashy/Misthos House. Photo taken from the Ravitch/Butz property. Note the grade difference between the two homes. The rear portion of the Ravitch/Butz home is noted on the left side of the photo. . , . • - • il "Itk 4 ' -)., , it • '14/.*.k, ',:•• , •• ' — . '„ •• •" '•« .,.-•.4,, - - tb• • '\ . ' '',', ' - 'it,,• ., ';',`,.* .... . .1„,,, IIIPIII '''r 'IL ', 44. if. IL , ..' • 4 , 4-.,*fi,. , , . 1 — w5«.- rt• , -.!T i' ' , . , ,,,,,, 1.4. . 4,-‘ - ----,•.' ., .t..,e.,#,-.., •., -• i iv:%,-.11..-,o,sgov.-,s '4 ' 0.-, • ,),( ,. ),,, .....g, . ... . ,. ....,.„ .:„ ,-, • , - •, . , x. :,r, r • . ' ....., -• .,..., , 1 r .4rIP i , • ift.'„,: .-... , Ve'lf 1' tittnt4..* • .1001)*- ,-:` 4. '1• ...`f Mi;-,..c-:- 1,!' . ' ' l' .. - . ,•• .:.11%. .4 v.., :...k. , , ,,,,r i;',..c.krictfltv,. *..,.74.1. :. 4%;••.. 1#4• ':-A.6-l- „„:,5•J: • . , • E ,... - e^• ..- 4. 1. ';',• ' ''PP :4,11/7ilf....:.;:.Y'•'''-4:".011 '*.'4.1... t• :•..‘ •,... . SO.c. •• :' ••' - « 4 '' '4,.: ...•,e% • Y ''' • .,;•• '1,-;11,1iii:..''A Z...4.. .- •• •:• •' t.- ' ./i t.,,.''''‘,14. 1 .4` . ' .-.t.'l V. "W!..04. •ic .. , $ "E'''.• ...4.••-vir -%' 1•51i'i . ' -A -s . .,. •;• ' s I,- ”• :•i ib,: . . .0,, ." h. ... i:t...r._ ,7"..t, ..41 ,•,1 . '.... Iiii'I x . .... .44i.. : ,f„..... /•`4'''' ."*. 2:- •• ^iyi• . '7,-4— ,,''' .„t .r..e ef ..%, ' •*:.t:ii,.. •0"..‘40%;,:...,,:......„ .,: ,, , • ''. `. '.. -a• It:.' '•Aft •. . ; • .-'3- - ':VS. 4 - '" i': !: •.. • ...14-.,',I,, ' , ' teV• ' - '+1. ••, lir,i•-.3.:,, .,..•to. -•L,. 7,4,--, . -- ... il...- . 73451-, 4,,,,:,.....- • ..., .. .... • . :.,0 .. . .. , . , .0,.,. "f• Vie :t. • 4C.' I .. 01-''..':. -,4e- - ` -4, .1 i- • '''' ,4 7.' „,,, ..,. •• • , . . .• ,,,,1 ' , -- 4 1 ' ' ''. I IS. . s•441.54*** ',If.• ' •'.. , wit -6 •' '• • . - ....,,r View of the Ravitch/Butz house. The only portion of the home visible is the roof of the single level portion of the home. Photo is taken from the rear of the Cashy/Misthos Property. The rear deck of the Cashy/Misthos house is on the left side of the photo. • 0 44 � •: y' , ..s '* Imo'! , ., I. .• _ ,rte .a, .`7�` f".. '.' - 4... loVrit )44 . •• 174124* . ' , .41 , ,.._ #,If .• , 't. '• .'";::4'"". _gv} i.i"''1 t?., fill ., ,` If.f _ ~ , 4 '4 Tk. fit, •i _ r .. •. 1, , „. - t ;yy. /y _ Ifs I f, ,t /1:44..,...,',l` � a ., .�� 4 Y +•xa"V� •�: , f. f •�.'.,,,, -e# 7T`` ,1' I- • 1 r,i,L• RLt c.st\. .. :� _ ..i,' .;*/ . . i✓/ ' j.J .i _,- e- 1:31^ 9t' J 1 is." I.- . View of a drain located in the rear of the Cashy/Misthos property. This drain presently catches some of the water runoff from the Cashy/Misthos property. The new patio and retaining structure will impede the flow of water to this drain. 4114 ( y: - f ,G .a ' ti's`•,- lilt,,. " _ •. - ,it_Jr ,... :-.. -A- , r • .,...._ , . . ... .. . .: ....... ... . .... A i';111 . .' -,,:...f I, ....",-,t,t*,,-4,,,k. 4 .-.:4,.. .._.- --; ,.; .,, k View of water erosion at the front of the Cashy/Misthos property. This soil erosion is below the front deck of the house. This is indicative of the quantity of water running from the front yard to the west side of the rear yard. The runoff of the front yard and driveway is not being controlled. R will overcome the capacity of any drywells in the rear of the property. • .• „- joB al-tr [ s SHEET NO DATE CHECKED / 707.--) CALCULATED BY CHECKED BY DATE SCALE [ RA/( ( est-ittpw.PF7-4),,v( 4( I f.-( I L. AO-0- 01-Z1 ORO l.7:1-9Prf),774.---C4- cjiT6TIVAiti FRiolLfr- 100 bc-) /(2- 1-(363 az) 2) 12,0or - 100 % -4- qo 1-1c79 -°\ 3 4,)0o , op6-72._. (62), 3• C, 1-t-) P(4-T7o -f-- R.)06_ (-7(2) /(,2.) 122 3, DP--cr - I Ac Co t- , 4T---• Nt 12i5(5 ,f LI) 7" 16 .51??7.- Fr- -2, OF V2 I MKS cc t1 j12-aw oFF 7 Pf2or" -"-rir (-,Nr.T7nAI ic,nni chpmo 2nq I IParldoAl A. STORM WATER DRAINAGE DESIGN CRITERIA - All storm water collection systems shall be designed in ac- . cordance with the following minimum standards and shall be submitted on design sheets to be reviewed by the Village Engineer. (1) Rational Method: (a) Q = Ac,2 Q = Discharge in cubic feet per second (c. f.s. ) A = Tributary drainage area in acres• within the subdivision and shall include areas outside the subdivision c = Coefficient of runoff of drainage area The following values of "c" shall be used: Type of Surface Flat Rolling Roofs 1.00 Concrete or Asphalt Pavement 0.90 1.00 Bituminous Macadam 0. 70 0.90 Gravel 0. 25 0. 70 Lawn Areas 0.10 0. 35 Wooded Areas 0.10 0. 20 Rural Districts 0.10 0. 25 Parks, Golf Courses, etc. 0.10 0. 35 Agricultural Areas 0. 20 0.60 (b) "I" , the rainfall intensity in inches per hour, shall be determined by the following formula: I = 120 • t + 20 .where "t" is the time of concentration in minutes at the point of design. ( 2) Closed conduits and open channels shall be designed using Mannings Formula: (a) V = 1.486 x R 2/3 x S 1/2 Where: V = velocity in feet per second R = hydraulic radius in feet S = Slope in ft./ft. The slope (S) shall generally be considered to be the slope of the pipe invert except that such slope shall be checked against the available hy- draulic gradient wherever ,the system dis- charges against an existing hydraulic head. - 1 - � l :,A-,t % I,45,7,w�-'F i ,p�,v ..Rr­��i ZF ,,,7T�,�-,-,�.-,-�,�--"-7:���t-- -�,­ " , � - 50M,', ;7,-V,,A-F vil 5 17,1 W-7-,71��,'rf­--- .m - V4�'V�,.7 -1 M-f �­!,.11­,� , I, ' ' �'. , "I'VA"-,I � L" 0,�,,� , �* ; , - ," "j,."-p1M§a'­u,i� __xX.__ I ,-,pr,�e�;I', , ��, I ­ - py -I WUf "A7 �6.J­th''I,....�� ,,,1� 4Z" ­ .17771 '14 ,'A717�1 _ `,_,� 7171 " ; .,707 , ,` , r � , R - , , , �t hp �,,N ""'i III, � ,1; , AR, - ,,R.� ,'vZ.7 � i - ,;., �,,-4,"p '­E%,',, ,,-,,.­$'.g...`P�W�,011,,�k,174 � V.IN AIR UNN"A ME cc 1 4 I � ,��_ . _ ___V"�,"fd , ,�,­W, , , E�,1f_%ZV 1�11�11 ,1�, !,Q,'t,,Q5�'F t'­T�W. .- 5", 4 !,i,L� Z, 11 � '4" , ,I 11'_ �4--g"g-a�,-,,-"m,;-t,�,,­,,,--_-�'a "I I ,& ,�7, , , , � M '�,, ",71�l-I,FZ�167�"eTr;"�C-1vl- "; - .� - � ,, , , �6` - I , , 0- W oUvY.I I '�-;,j 4g I"I"n 4 "'JU , ,fl Y��_,v ; ,,,,�,f 1,10 ",�-A,VWF�l ­ I, 1�11 " `," � , - , � � 1 .,­'­-, 11.� -, - i,&,, -�, '�, "'! -1 . _ jzpmw ry-JI,-�­Iffi 1� �,: .1 u, ".,­I ,f "�p"a" 0 , ' ' ,,, ,, eff - vn I, , ��";"� Ool I .V)��, I !k, g" Nil ,,,, ;1`1�1'fIt'A'C " . 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U, I A �,Il� �I I , .... , .- ..-- -113,05`1' U )J-4A-6• EgmhE , .1,1\ AAA CHARLES R.CUDDY � � I �E i Zoog, • ATTORNEY AT LAW 445 GRIFFING AVENUE ` RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net May 31, 2001 Zoning Board of Appeals Town of Southold 53095 Main Road Southold,NY 11971 Re: Cashy pool variance application 1900 Hyatt Road, Southold SCTM 1000-50.00-01.00-003.000 Dear Board Members: In response to the letter from John Ciarelli, dated May 17, 2001, enclosed please find an affidavit from Joseph Ingegno explaining the differences in the surveys dated August 20, 1997 and December 16, 1997. Once again, the opponents have attempted to raise an issue which is without substance. Repeatedly,those opposing the Cashy swimming pool have attempted to raise any device that might get the Board's attention, although when reduced to its core, the opposition is subjective and personal. The Cashy proposed swimming pool is a fair request by a family to enjoy its property and, as is evident, its affect is for three months a year. It is submitted that the diatribe of the opponents is directed not at the standards set forth in the Town Code and in the State Law,but is self serving. The Cashy application is made pursuant to the terms of the Town Code and should be granted Very truly yours, eiLe Charles R. Cuddy CRC JML Enclosure cc: Ciarelli & Dempsey r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application AFFIDAVIT of Appeal No. 4837 Harry Cashy/Maria Misthos X STATE OF NEW YORK ) ) ss. COUNTY OF SUFFOLK ) JOSEPH A. INGEGNO, being duly sworn, deposes and says: 1. I am the surveyor who completed the surveys showing the Cashy residence in connection with obtaining the building permit from the Town of Southold and approval from the Suffolk County Department of Health Services. 2. The survey dated August 20, 1997 showed a typical diagram of a proposed house in order to determine at the Building Department level whether the permit would be issued for a house at the Cashy premises. This is a normal and routine procedure 3. The actual survey showing the house is the survey dated December 16, 1997. This is the house as designed by the architect and its location, as previously indicated, was dictated by the placing of the wells and cesspools as directed by the Suffolk County Department of Health Services. 4. There is no discrepancy in the survey as presented. The first survey was a general outline of a house structure, and the second and later survey depicted the actual house built at the site. 5. I make this affidavit knowing that it will be relied upon by the Southold Town Zoning Board of Appeals. / i� ; Sworn to before me this °acc".day of May, 2001. Notary Public PATRICIA A. CLARK Notary Public,State of New York No.5711005 Qualified in Suffolk County Commission Expires September 30.20Q1 2 RANSMITTAL MFMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: M o,i /e 2P SUBJECT: File Update card 2p,JD d 4 J 3 7 With reference to the above application, please find attached the following new information added to the official ZBA office file: Comments: _ji _A _ 9_afg4 /r6 ds dweri, 41atted-- - - -AL-1122(1:0424-61 -/h - _ Number of Pages Attached: 4 TrMemo.doc CIARELLI & DEMPSEY ATTORNEYS AT LAW JOHN L CIARELLI FAX:(631)369-5132 PATRICIA A.DEMPSEY 737 ROANOKE AVENUE P.O.BOX 488 [� © f �W 1 EDWARD T MCINTYRE RIVERHEAD,NEW YORK 11901 (�,�'- 11 f OF COUNSEL � I (631) 369-5100 C � , MAY (182001 11 ,1 LA-raj/ May 17, 2001 VIA FACSIMILE (631) 765-9064 & REGULAR MAIL 'Hon. Gerard P. Goehringer, Chairman Hon. James Dinizio, Jr. Hon. Lydia A. Tortora Hon. Lora S. Collins Hon. George Horning Zoning Board of Appeals Town of Southold 53095 Main'Road . P.O. Box 1179 . Southold; New York.11971 RE: Cashy/Misthos Appeal - - No. : 4837 Premises : 1900 Hyatt Road, Southold, New York SCTM No. : 1000-50-1-3 Dear Chairman & Board Members: In connection with the Iasi Board Public Hearing held on April 19, 2001, we had submitted a-FOIL request to inspect the Subject Premises' Building Department file. Unfortunately, the file was not available for inspection until after our last submission on May 9, 2001. A review of the file conducted on May 16, 2001, revealed the following pertinent information: 1. The' Certificate of Occupancy was only issued on December 8, 1998, pursuant to a building permit application dated December 29, 1997. The Certificate of Occupancy"indicated it was based, in part, on Suffolk County Health Department approval (No. R10-97-0136), dated October 19, 1998. (A copy of Certificate of Occupancy is enclosed).',Based on the other information we submitted, it appears that the Cashys had CIARELLI & DEMPSEY Attorneys at Law 2 submitted its plans for the non-conforming pool less than a year later. 2. The survey, dated December 16, 1997, on which the final structure was based, shows the rear line of the dwelling, with rear wood deck, set back only 8 feet from the 100' setback line from top of bluff. (Pages of December 16, 1997 survey enclosed). 3. At the same time, in the file, there is an earlier survey for a one-dwelling home on this same lot,dated August 20, 1997, also approved by the Suffolk County Health Department, where the rear of the proposed one-family dwelling was set back approximately 34 feet from the 100' setback line, in which site, the proposed pool and hot tub could have been located without the need for the 26 foot variance. (Pages of August 20, 1997 survey enclosed): Based on the foregoing, it appears that this lot was adequate to allow for the construction of a one-family dwelling and pool, without the need for a variance. This fact, and the earlier survey, contradicts the basis for the applicants'seeking the variance,which was repeatedly stated to be because "the house was built at the site that it is on because the location was dictated by the Health Department." Further,this evidence demonstrates the siting of the septic system and well did not mandate or create the problem, but the problem was self-created by the applicants, which factor should be weighed by the Board in its deliberation about the relative merits of the application. We are submitting this information to assist the Board in its deliberations. Thank you for your assistance in this matter. Respectfully submitted, c 6(-A/1- 0 N L. CIARELLI JLC/tr - Enclosures cc: Charles R. Cuddy, Esq. 445 Griffing Avenue - - P.O. Box 1547 - Riverhead, New York 11901 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-26147 Dates 12/08/98 THIS CERTIFIES that the building NEW DWELLING Location of Property: 1900 HYATT RD SOUTHOLD ' (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473839 Section 50 Block 1 Lot 3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 18, 1997 pursuant to which Building Permit No. 24579-Z dated DECEMBER 29, 1997 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED TWO CAR GARAGE, REAR DECK, WRAP AROUND PORCH & SECONC STORY BALCONY AS APPLIED FOR. The certificate is issued to HARRY CASHY & MARIA MISTHOS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-97-0136 10/19/98 ELECTRICAL CERTIFICATE NO. N466655 09/29/98 PLUMBERS CERTIFICATION DATED 1 9/98 CUTCHOGUE EAST PLUMB. Building Inspector ,Rev. 1/81 . • • • ...; . .-1..e,„,".•tt•Z tt‘.' , •••••;_••• . *." ..'4'5.•pr„r`z'i . • ' ' ' I . .• 4; 'i;'4 4:4; ,•%.'-'. n ,.',...' • • - SURVEY OF PR6 rERTY ....'•,':;,:,.%•° i,,,t-o„..?:(,.: .., ,,,, •'4i,bIrl Oikt.,Ttf,,•r. SITUATED A r , . ,......,. ,"•4,(1-0,..t1., . . ..• .„ • .,,,„...,.,I.,.•,ey , , . i t••,..,,,, • .t . . .• i ,. HOTTON poiNfr. s ..:, TOWN OF SOUtHOLD ,,....il'isAr,,,,e144 • • , ..., •.,-3","417$0;,c4•;,..„:,4 SUFFOLK COUNTY, NEW YKOR • ,.. ,,, t,,t,„..,,, • t.."-I, ,14.,,,,,,, , :: • .,..,..,, • ::;•• CIA,...,T,,r,..‘f. . . • -—. ? ,. ..ipli.., , ... . S.C. TAX No 1000-.50,-0.1 —03 .• . .Alt( 4:4.1 l'',t si le•?„t , •,.,• .,t."...•.,:. SCALE 11? ,„•,-,,., ,,,,,,,, ,. . • mi,,tlicl.•:. • , . ,• ,,;:-.3. 1;4.:•, / ); '. '4 DECEMBER 16 1997 . • .„ .-,,,,,.?,..:1!!.p, - •,.,%:.,••i e.i 1.s. t' • JANUARY 30, 1998 FOUNDATION LOCATION ' , ‘•.,.‘4. ,•(.'• -,:,.% 1.‘'.:1,!, ,t'zi 1•4;1•5:.••,'„ ' ‘.il,":)'.`., :q,• • JUNE 22, 1998 FINAL SURVEY • ,.,..,,,,,cf,;‘,... • ..„A c.:I.:. . : . . " ' :1.'.. • •'., '1 • •.•• ' :• ( ) • ` •:••.'''.'•••'— •.1.:. •• •• ,, : .• •:.%„, • • AREA = 45,014:45 sq. ft. . .. l• -,, ..-•-<....,, . : .,...t.„...:•.> -.,•‘'l.::, ...:;•, t,' 1.035 ac. •:"--•,-;:,:'..7. e , r•.. P I. ,. '••'I.• . . s. .......i ,Pj..'• '.. - . •,•"'" .'.:f...;IF ''.'; ••'.•... , . ,,,,•• •..,,..s. . ,• • ••,•. , :4 7.* .•,-k-.11'' • • - . . • . -CERTIZIELZe, . _.• .- . • „ g_' Ie.,`,..• TH, (AND -TIRE INSPRANCE. • ,takieANY •;-• • -; -;;1,•..-:e.),... ' . 'z ”.'`" ' ". on 44AtiottAi: BANK. - .- ' • .., .t:: •-• ,-,:- •,-:.-i.:--c-••• IiikRRT ._, • Y ., . ` '.* ; •'' •:' ;:=,,,,• .-i..,,•1!.. ;:t:::: • • • -.. ..-.''', ,•c.-...r.f,ic. :....... • • . 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Pq-t_9(ith. t9-03 19 c? —1 (Rife li CIARELLI & DEMPSEY ATTORNEYS AT LAW JOHN L CIARELLI FAX:(631)369-5132 PATRICIA A DEMPSEY 737 ROANOKE AVENUE P.O.BOX 488 RIVERHEAD,NEW YORK 11901 • EDWARD T.MCINTYRE OF COUNSEL (631) 369-5100 May 9, 2001 VIA FACSIMILE (631) 765-9064 & REGULAR MAIL Hon. Gerard P. Goehringer, Chairman Hon. James Dinizio, Jr. Hon. Lydia A. Tortora Hon. Lora S. Collins Hon. George Horning Zoning Board of Appeals Town of Southold , . .. ;1: 53095 Main Road d .5 . .. . _ _ P.O. Boxc 1179 Southold; New'York 11971 . • , RE: Cashy/Misthos Appeal No. : 4837 Premises : '1900 Hyatt Road, Southold, New York SCTM No. : 1000-50-1-3 Dear Chairman & Board Members: At the last scheduled Zoning Board of Appeals' hearing held on April 19, 2001, on the above-mentioned application for an area variance to reduce the 100-foot minimum setback in the bluff area (Section 100-239.4(A).1), the Board granted our clients, as the owners of the neighboring properties, an opportunity to reply to, and comment on, any report or study submitted by the applicants on the issue of alternative •sites. The Chairperson's direction to the applicants followed the Board's raising the question that based on a review of the site, it appeared that siting the pool and hot tub at other locations on the site was feasible, whereby no intrusion into the bluff area would be needed. CIARELLI & DEMPSEY Attorneys at Law 2 At the April 19, 2001 hearing, a Board member made the specific observation that it appeared the pool could be sited in the front without the need for a variance. The second observation made was that the removal of the 13.6' rear wood deck, and installation of the pool in this same area, would dramatically reduce the magnitude of the intrusion into the bluff area, by reducing any needed variance by the same 13.6 feet. This second alternative would also, by necessity, lower the pool,further diminishing the negative impact on the neighbors' properties. These were only two observations made at the hearing, suggesting that the applicants should have, and could have, first considered the extent to which any alternative sites were feasible, or practical. • The applicants,submitted.a Supplemental:Memorandum•prepared by their attorney, which is not supported or accompanied by any competent evidence or testimony in the form of an analysis or study conducted by an engineer or architect. In the Memorandum, the applicant's counsel makes the following admissions, although in an apparent effort to undermine the feasibility of the alternatives: 1. The pool could be sited in the front within the minimum setbacks. 2. Siting the pool in the front would require a retaining wall. The applicants claim such a retaining wall could not be "aesthetic", although this argument appears to conflict with the applicant's landscaping architect's testimony at the April 19th hearing wherein he stated he could allegedly buffer the proposed retaining wall. In the applicants' Supplemental Memorandum, the applicants' counsel calls the issue of the retaining wall "bogus", because any retaining wall "would be landscaped so as to shield the wall from view." The applicants' argument also ignores the fact that at its current proposed location, the pool is elevated by 7-8 feet, and is eye-toeye with the second floor of the Butz-Ravitch residence. Siting the structure in.the front results in no similarly, significant intrusion into, or negative impact on, this dwelling. 3. The applicants could not allegedly remove the rear deck"without jeopardizing the integrity Of the deck." There is no-evidence to support this claim. 4. Removal of the deck and siting the deck and surrounding deck area, next to the house,would only reduce the variance. This last observation, like all of the three other observations made in the Supplemental Memorandum, represents an admission that the alternatives as raised at the April 19th hearing are feasible, and were always practical, as well as available to the applicants when designing their pool and hot tub. The significance of that fact is highlighted by the date when these same applicants first built their house. A review of the available Town Building Department records reveal that the Certificate of Occupancy for the one-family dwelling, with 13.6 foot-wide rear deck and two front-yard parking areas, was issued sometime in late 1998. The applicants' first application to the Town's Board of Trustees for a variance to build a pool was denied in December, 1999, meaning the pool proposal was conceived,at the latest,within the same year the residence was constructed. It is difficult for the applicants to complain that their layout of their home CIARE•LLI & DEMPSEY Attorneys at Law 3 precluded siting a pool on the property without the need for a variance when it is apparent a pool was part of their original design for the lot. That design was reached well after the dates of all the pre-existing neighboring homes,,yet it appears the house was sited in such a way as to mandate a later application for a 26-foot area variance into the bluff area, at a site where it would be most intrusive to these same neighbors. The question raised by this sequence is whether the applicants would have been able to offer any credible defense of this same variance application had they not built the house one year, and asked to build the non-complying pool, the next. The applicants' concession that they can now site the pool in front; or abutting the rear of the residence, represents an acknowledgment that their current application is based on a self-created "hardship". Clearly, these same applicants could have built the house with the pool and decking area, and hot tub, without the need for any-v :iahce the-year earlier. -'instead; t 0.4, chose to tyild the house.at the particular site with a large 13.6 -foot rear deck only to be able one year later to argue that they allegedly have no room for the pool. In fact, the attorneys' Supplemental Memorandum concedes otherwise. After admitting there is no need for the variance given the multiple "no-variance" alternatives available, the applicants now argue that this Board is without authority to consider their variance application. First, if the applicants believed this was a valid interpretation of the intent of the Code, they should have withdrawn their application, and brought a declaratory action against the Building Inspector's determination that the swimming pool was subject to the bluff area setback provided for in Section 100-239.4A.1. The applicants have not chosen to take such action, instead acquiescing to the Building Inspector's decision and the Board's jurisdiction. That jurisdiction stems from Section 100- 239.4(a), which Town Ordinance established the minimum setback requirements for all properties located adjacent to Long Island Sound. That ordinance was adopted in 1992 and defined the Board's jurisdiction. Once the power to grant variances is vested in a Zoning Board of Appeals, it cannot be delegated or.diminished by the Town Board, such that any subsequent attempt to restrict the Zoning Board's jurisdiction is invalid. See,, Jewish Reconstructionist Synagogue of North Shore, Inc. v. Levitan, 41 A.D.2d 537 339 N.Y.S.2d 274(2d Dept., 1978), order affdd 34 N.Y.2d 827 359 N.Y.S.2d 55, 316 N.E.2d 339 '(1974) rearg,umn nt:dehied, 3 'N.Y.2d 855,-363-N.Y.S.2d 1-026,321 N.F:2d 883 (197.4). Any recent change in the definition of a building made by the Town Board could not have intended to restrict the Zoning Board's authority because the Town Board is without such authority. Based on the Supplemental Memorandum, the arguments presented therein and the absence of any credible, expert evidence to support the arguments as presented, it appears that the applicants have conceded: 1)the Board's authority to render a decision; and 2) the availability of alternate sites for the proposed swimming pool which does not require a variance to be granted. Based on said admissions, our clients, Mary Butz, Diane Ravitch,Virginia Toedter, and William Toedter, representing the neighbors to the east and west of the subject parcel, respectfully request the Board deny the 26-foot area variance as being substantial and unnecessary. Further, our clients contend that based on the. testimony, the record before the Board, and your personal inspection, the Board can find CIARELLI & DEMPSEY Attorneys at Law 4 • as follows: 1. The benefit sought by the applicants can be achieved by another method, feasible for the applicants to pursue; 2. The shape and grade of the lot does not make it impractical to locate a swimming pool in the front yard; 3. The requested area variance is substantial; 4. Granting the area variance will produce an undesirable, and unnecessary, change ;nt the'character of the nleighborhaoc; and a,-detrirnent-`to the neighboring properties; 5. Swimming pools are uncommon in this area; and • 6. The proposed pool location does intrude on neighbors and their homes. Thank you for your continuing courtesy and cooperation, and consideration of these supplemental remarks. Respectfully submitted, if/ 6 rOHN L. CIARELLI JLC/tr' cc: Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box-1547 .Riverhead, New York 11901 TRANSMITTAL '"SMO TO: ZBA Chairman and Members FROM: ZBA Of 'ce Staff DATE: 5519 a( SUBJECT: File U date With reference to the above application, please find attached the following new information added to the official ZBA office file: • • _Comments: Number of Pages Attached: TrMemo.doc • 05-09-01 15:35 CIARELLIDEMPSEY ID=6316947633 P02/04 r r4 - f _ 5 C�tELLI & DEMPSEY g°� 1 OA ATTORNEYS AT LAW JOHN L, • ` FAX:(631)369-5132 PATRICIA A •u •SEY 737 ROANOKE AVENUE P.O.BOX 488 RIVE HEAD,NEW YORK 11901 3DWAAD T MCINTYRE OF COt1NSEL (631) 369-5100 May 9, 2001 VIAACSIMlLE{6391x65-9064 & REGULAR MAIL Hon. Gerard P. Gcehringer, Chairman Hon. James Dinizio, Jr. Hon. Lydia A. Tortora Hon. Lora S. Collins Hon. George Horning Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Cashy/Misthos Appeal No. : 4837 Premises : 1900 Hyatt Road, Southold, New York SCTM No. : 1000-50-1-3 Dear Chairman & Board Members: At the last scheduled Zoning Board of Appeals' hearing held on April 19, 2001, on the above-mentioned application for an area variance to reduce the 100-foot minimum setback in the bluff area (Section 100-239.4(A).1), the Board granted our clients, as the owners of the neighboring properties, an opportunity to reply to, and comment on, any , report or study submitted by the applicants on the issue of alternative sites. The Chairperson's direction to the applicants followed the Board's raising the question that based on a review of the site, it appeared that siting the pool and hot tub at other locations on the site was feasible, whereby no intrusion into the bluff area would be needed. 05-09-01 15:35 CIARELLIDEMPSEY ID=6316947633 P03/04 CIAfELLI & DEMPJL t Attorneys at Law 2 At the April 19, 2001 hearing, a Board member made the specific observation that it appeared the pool could be sited in the front without the need foravariance. The second observation made was that the removal of the 13.6' rear wood deck, and installation of the pool in this same area, would dramatically reduce the magnitude of the intrusion into the bluff area, by reducing any needed variance by the same 13.6 feet. This second alternative would also,by necessity,lower the pool,further diminishing the negative impact on the neighbors' properties. These were only two observations made at the hearing, suggesting that the applicants should have, and could have,first considered the extent to which any alternative sites were feasible, or practical. The applicants submitted a Supplemental Memorandum prepared by their attorney, which is not supported or accompanied by any competent evidence or testimony in the form of an analysis or study conducted by an engineer or architect. In the Memorandum, the applicant's counsel makes the following admissions, although in an apparent effort to undermine the feasibility of the alternatives: 1. The pool could be sited in the front within the minimum setbacks. 2. Siting'the pool in the front would require a retaining wall. The applicants claim such a retaining wall could not be "aesthetic", although this argument appears to conflict with the applicant's landscaping architect's testimony at the April 19th hearing wherein he stated he could allegedly buffer the proposed retaining wall. In the applicants' Supplemental Memorandum, the applicants' counsel calls the issue of the retaining wail "bogus", because any retaining wall "would be landscaped so as to shield the wall from view." The applicants'argument also ignores the fact that at its current proposed location, the pool is elevated by 7-8 feet,and is eye-to-eye with the second floor of the Butz-Ravitch residence. Siting the structure in the front results in no similarly, significant intrusion into, or negative impact on, this dwelling. 3. The applicants could not allegedly remove the rear deck"without jeopardizing the integrity of the deck." There is no evidence to support this claim. 4. Removal of the deck and siting the deck and surrounding deck area, next to the house,would only reduce the variance. This last observation, like all of the three other observations made in the Supplemental Memorandum, represents an admission that the alternatives as raised at the April 19th hearing are feasible, and were always practical, as well as available to the applicants when designing their pool and hot tub. The significance of that fact is highlighted by the date when these same applicants first built their house.A review of the available Town Building Department records reveal that the Certificate of Occupancy for the one-family dwelling, with 13.6 foot-wide rear deck and two front-yard parking areas, was issued sometime in late 1998. The applicants'first application to the Town's Board of Trustees for a variance to build a pool was denied in December, 1999, meaning the pool proposal was conceived,at the latest,within the same year the residence was constructed. It is difficult for the applicants to complain that their layout of their home 05-09:-01 15 : 36 CI ARELL I DEMPSEY ID=6316947633 PO4/04 CIARELLI & DEMPSEY Attorneys of Law • 3 precluded siting a pool on the property without the need for a variance when it is apparent a pool was part of theiroriginal design for the lot. That design was reached well after the dates of all the pre-existing neighboring homes,yet it appears the house was sited in such a way as to mandate a later application for a 26-foot area variance into the bluff area, at a site where it would be most intrusive to these same neighbors. The question raised by this sequence is whether the applicants would have been able to offer any credible defense of this same variance application had they not built the house one year, and asked to build the non-complying pool, the next. The applicants' concession that they can now site the pool in front, or abutting the rear of the residence, represents an acknowledgment that their current application is based on a self-created "hardship". Clearly, these same applicants could have built the house with the pool and decking area, and hot tub,without the need for any variance the year earlier. Instead, they chose to build the house at the particular site with a large 13.6-foot rear deck only to be able one year later to argue that they allegedly have no room for the pool. In fact, the attorneys' Supplemental Memorandum concedes otherwise. After admitting there is no need for the variance given the multiple "no-variance" alternatives available, the applicants now argue that this Board is without authority to consider their variance application. First, if the applicants believed this was a valid interpretation of the intent of the Code, they should have withdrawn their application, and brought a declaratory action against the Building Inspector's determination that the swimming pool was subject to the bluff area setback provided for in Section 100-239.4A.1. The applicants have not chosen to take such action, instead acquiescing to the Building Inspector's decision and the Board's jurisdiction. That jurisdiction stems from Section 100- 239.4(a), which Town Ordinance established the minimum setback requirements for all properties located adjacent to Long Island Sound. That ordinance was adopted in 1992 and defined the Board's jurisdiction. Once the power to grant variances is vested in a Zoning Board of Appeals, it cannot be delegated or diminished by the Town Board, such that any subsequent attempt to restrict the Zoning Board's jurisdiction is invalid. See, Jewish Reconstructionist S, na•,••ue of North Shore inc. v. Levitan, 41 A.D.2d 537 339 N.Y.S.2d 274(2d Dept., 1978), order offd 34 N.Y.2d 827 359 N.Y.S.2d 55, 316 N.E.2d 339 (1974), reargument denied, 35 N.Y.2d 855, 363 N.Y.S.2d 1026, 321 N.E.2d 883 (1974). Any recent change in the definition of a building made by the Town Board could not have intended to restrict the Zoning Board's authority because the Town Board is without such authority. Based on the Supplemental Memorandum, the arguments presented therein and the absence of any credible, expert evidence to support the arguments as presented, it appears that the applicants have conceded: 1)the Board's authority to render a decision; and 2) the availability of alternate sites for the proposed swimming pool which does not require a variance to be granted. Based on said admissions, our clients, Mary Butz, Diane Ravitch,Virginia Toedter,and William Toedter, representing the neighbors to the east and west of the subject parcel, respectfully request the Board deny the 26-foot area variance as being substantial and unnecessary. Further, our clients contend that based on the testimony, the record before the Board, and your personal inspection, the Board can find CIARELLI & DEMPSEY Attorneys at Law 4 as follows: 1. The benefit sought by the applicants can be achieved by another method, feasible for the applicants to pursue; 2. The shape and grade of the lot does not make it impractical to locate a swimming pool in the front yard; 3. The requested area variance is substantial; 4. Granting the area variance will produce an undesirable, and unnecessary, change in the character of the neighborhood, and a detriment to the neighboring properties; 5. Swimming pools are uncommon in this area; and 6. The proposed pool location does intrude on neighbors and their homes. Thank you for your continuing courtesy and cooperation, and consideration of these supplemental remarks. Respectfully submitted, CV'6--etke-114,' OHN L. CIARELLI JLC/tr cc: Charles R. Cuddy, Esq. 445 Griffing Avenue P.G. Box 1547 Riverhead, New York 11901 1). 1 r(0)1 MAY - 22001 `� o 81; I CHARLES R.CUDDY Ilk\ /y1 ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 May 1, 2001 E-mail: crcuddy@earthlink.net Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Attention: Gerard P. Goehringer Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Mr. Goehringer: I am submitting a short memorandum in reference to the alternatives proposed at the last hearing and also to note that I am concerned with the testimony at the last hearing, as well as to pose a fundamental question to the Board. It is my understanding that John Ciarelli and Patricia Dempsey, attorneys for the opponents, will have five days to respond. Please note that this memorandum was delayed as a result of the surveyor ' s not immediately being in a position to review the alternative proposals to relocate the pool . Very truly yours, Charles R. Cudd, Encs. cc: Members of the Zoning Board CRC:cg ews MAY ® 2 2001 I ll JJ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application of Appeal No. 4837 H. CASHY/M. MISTHOS X STATE OF NEW YORK) ) : ss: COUNTY OF SUFFOLK) CATHERINE M. GIVEN, being duly sworn, deposes and says: I am not a party to the action, am over 18 years of age and reside at 104 Jayne St. , Port Jefferson, New York 11777 . On May 1, 2001 I served the within Applicant' s Supplemental Memorandum by hand delivering a true copy thereof addressed to each of the following persons at the last known address set forth: John L. Ciarelli, Esq. Patricia A. Dempsey, Esq. at the offices of Allen M. Smith, Esq. 737 Roanoke Avenue Riverhead, NY 11901 Ca i)2,( - Catherine M. Given Sworn to before me this 1st day of May, 2001 Notary Public Notary Public 8 ate of New York No.5711005 County Commission Qualified September 30.20 fNJnr • ` flj22oaIllU/I II ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application • of Appeal No. 4837 H. CASHY/M. MISTHOS X APPLICANT'S SUPPLEMENTAL MEMORANDUM ZONING BOARD OF APPEALS TOWN OF SOUTHOLD X In the Matter of the Application of Appeal No. 4837 H. CASHY/M. MISTHOS X This memorandum is written primarily to respond to alternative locations for the applicant's swimming pool as proposed at the meeting of the Zoning Board of Appeals held on April 19°i, 2001. One alternative suggested was to place the pool in the front yard,which again would adjoin the parcel on the west. After measuring the front yard setback, the area in which the pool would be located was found to have an elevation of 54, while the surveyor noted the slope ran to the north and west to an elevation of 37, thereby necessitating erecting a wall in excess of 15 feet This, together with the motel-like aesthetics of locating a pool in the front yard, make this alternative neither desirable nor feasible. Another alternative proposed by the Chairman and supported by one of the opponent's attorneys was to move the pool partially under the deck or to remove the deck and construct the pool in its place. It should be noted that vertical deck supports could not be removed without jeopardizing the integrity of the deck Removal of the deck and moving the pool closer to the house would not be a complete solution. This would not eliminate the need for a variance, but merely reduce the amount of variance required. Furthermore, in these circumstances, a deck is hardly a luxury. Unlike the neighbors' home to the west which sits in the bluff area, the Cashy house does not afford an unobstructed view of Long Island Sound, whereas their deck would offer a limited water view. The Cashy's view of the Sound from their deck is integral to their enjoyment of their waterfront property. Again,moving the pool closer to the house would not eliminate the retaining wall, and would probably increase its height. Not parenthetically, the retaining wall issue is bogus. A retaining wall from the ground to the patio would be landscaped so as to shield the wall from view. Meanwhile, the neighbors, who now object to the retaining wall proposal, originally proposed a canvas cabana and canopy to obstruct noise. Presumably,this would rise more than 10 feet in height above the pool, as measured from the patio. This proposal is set forth in a letter from their attorney dated July 20, 2000, which was delivered by the opponents and placed in the file on their behalf. Either the objectants forget their original position or argue whatever is convenient. This vacillating approach of constantly moving from argument to argument makes their credibility more than suspect. Their testimony is merely a venting of their personal upset over the prospect of a neighbor's pool — to be used only intermittently for three months a year — intruding into their lifestyle. Whether one is an author, musician, artist or an electrician, plumber or contractor is of no consequence. Zoning is about land use, not personal predilections. With respect to the need for a variance, this is not an area variance application resulting from the bulk schedule or arising from accessory setback requirements. This application results from a determination ofthe Building Inspector that a swimming pool cannot be located in the bluff area since it is contrary to Southold Town Code §100-239 4A 1. In examining cases before the Board and then reviewing the Town Code, a fundamental problem becomes apparent: The framers of§100-239.4.A.1 were concerned only with buildings- 2 l . • perhaps not wanting the Board to expend time considering accessory structures. The provision reads: (1) All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. Town Code §100-239.4 (emphasis supplied) "Building" is defined as "A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property." -- Town Code- Zoning - Definitions "Structure" is defined as "An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings." -- Town Code- Zoning- Definitions "Swimming pool" is defined as "A structure containing an artificial body of water which is greater than six feet long or wide and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45° shall not be included in this definition " -- Town Code - Zoning - Definitions "Accessory building or structure" is defined as "A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building." -- Town Code - Zoning - Definitions 3 i , Y � 4 , At best, swimming pools are accessory structures. Structures per se are not included in the "Building" definition. This is not a question of interpretation, it is a question of jurisdiction. As accessory structures, swimming pools are not covered by this Section of the Town Code. Under the circumstances, Harry Cashy, Maria Misthos and their children should be able to install a swimming pool at the site designated. None of the contrary evidence is persuasive and it appears that the Town Code neither applies to nor.prevents this modest proposal. Dated: May 1, 2001 Respectfully submitted, CHARLES R. CUDDY, Esq. Attorney for Harry Cashy and Maria Misthos 445 Grilling Avenue PO Box 1547 Riverhead, NY 11901 (631) 369-8200 4 CIARELLI & DEMPSEY ATTORNEYS AT LAW JOHN L CIARELLI FAX.(631)369-5132 PATRICIA A.DEMPSEY 737 ROANOKE AVENUE - -• - P.O.BOX 488 RIVERHEAD,NEW YORK 11901 - - ' EDWARD T.MCINTYRE - , - - • OF COUNSEL -• . ' (631) 369-5100 May 1, 2001 By Fax &Mail 631-765-9064 Zoning Board of Appeals Town of Southold 53095 Main Road-PO Box 1179 Southold,NY 11971 Re: BZA Application of H. Cashy/M. Misthos Dear Ms. Kowalski: At the last BZA hearing held on April 19, 2001, the Chairman directed the applicant to submit a report on alternative siting for the project, and indicated we, as attorneys for the two next-door neighbors would have five (5) business days to reply to this information. At the same time the Chairman indicated the hearing would be closed as of May 3, 2001, thereby implicitly directing the applicant to comply with his request , by no later than April 26, 2001. Unfortunately, to date we have not received any information from the applicant. If the BZA has, in fact, received any such information, we would appreciate receiving this information. At the same time we would respectfully request that the hearing remain open in order for us to be able to submit a reply within the five business day deadline. Thank you for your consideration of this request. Yours truly, Patricia A. Dempsey PAD\ls Cc: Charles Cuddy •'.\ ZONING BOARD OF APPEALS j> ` TOWN OF SOUTHOL [ J 53095 MAIN ROAD SOUTHOLD , NY 11971 - 0959 ( 631 ) 765 - 1809 • FAX ( 631 ) 765 - 9064 FACSIMILE TRANSMITTAL SHEET TO: FROM: ZBA OFFICE STAFF 765-1809 COMP Y: r DATE: 5/0 ( FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 3 6 -S732_ ! 3 NOTES/COMMENTS: D f 0<1 �! ,.1/ / i GCS 1 / ' • ie (� L '" . ) " r ,1 ' . IA,� Q—vcO 0 Ce-cam-)6 § 100-13 SOUTHOLD CODE § 100-13 § 100-13 ZONING § 100-13 BREEZEWAY— Open construction with a roof projecting from the outside wall of a building, not to or occupied as living and sleeping quarters for seasonal fe exceed dimensions of 8 feet by 10 feet, connecting the occupancy. _ main building and a garage. Other types of attachments TOWN BOARD— The Town Board of the Town of t, which extend more than 10 feet,or exceed 80 square feet Southold. in area, shall not attach a main building to a separate building unless such attachment meets the requirements TOWNHOUSE— A dwelling unit in a building of livable floor area. [Added 5-31-1994 by L.L. No. containing at least three connected dwelling units 10-1994] divided by common vertical party walls with private entrances to each dwelling. A townhouse may include BUILDABLE AREA—The area of a lot remaining after dwelling units owned in fee simple or in condominium or the minimum yard and open space requirements of this cooperative ownership or any combination thereof: chapter have been met. TRAILER OR MOBILE HOME— Any vehicle mounted BUILDABLE LAND— The net area of a lot or parcel on wheels, movable either by its own power or by being after deducting wetlands, streams, ponds, slopes over drawn by another vehicle and equipped to be used for 15%, underwater land, easements or other restrictions living or sleeping quarters or so as to permit cooking. preventing use of such land for construction of buildings The term"trailer"shall include such vehicles if mounted or development. on temporary or permanent foundations with the wheels removed and shall include the terms"automobile trailer" BUILDING— A structure wholly or partially enclosed and"house car." within exterior walls, or within exterior and party walls, • and a roof, affording shelter to persons, animals or USABLE OPEN SPACE—An unenclosed portion of the property. [Amended 11-12-1997 by L.L. No.26-1997; ground of a lot which is not devoted to driveways or 12-8-1998 by L.L.No.27-1998] parking spaces,which is free of structures of any kind,of which not more than 25% is roofed for shelter purposes BUILDING AREA— The aggregate of the maximum horizontal cross section of the buildings on a lot, only, the minimum dimension of which is 40 feet and measured between the exterior faces of walls. which is available and accessible to all occupants of the building or buildings on the said lot for purposes of (1) The term"building area"shall include the following: active or passive outdoor recreation. (a) Balconies. USE— The purpose for which land or a structure is (b) Terraces, patios, decks and other structures arranged, designed or intended or for which either land above the finished grade. or a structure is or may be used,occupied or maintained. (c) Swimming pools, tennis courts and other USE, ACCESSORY—A use customarily incidental and subordinate to the main use on a lot, whether such similar structures. accessory use is conducted in a principal or accessory (2) The term"building area"shall exclude the following: building. WIRELESS COMMUNICATION FACILITY— Any unstaffed facility for the transmission and/or reception of wireless telecommunications services or other radio 10016 5-15-2000 10033 5-15-2000 • § 100-13 SOUTHOLD CODE § 100-13 (4) A street shown on the Town Official Map. STREET LINE— The dividing line between a lot and a street. STRUCTURAL ALTERATION— Any change in the supporting members of a building, such as beams, columns,girders,footings,foundations or bearing walls. STRUCTURE— An assembly of materials, forming a construction framed of component structural parts for occupancy or use,including buildings. [Added 12-8-1998 by L.L.No.27-1998] SWIMMING POOL— A structure containing an artificial body of water which is greater than six feet long or wide and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45° shall not be included in this • definition. TELECOMMUNICATION TOWER — A telecommunication tower is a type of wireless communication facility designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting tower, guy-wire support tower and other similar structures. A wireless communication facility attached to an existing building or structure shall be excluded from this definition. [Added 11-12-1997 by L.L.No.26-1997] TOURIST CAMP— Any lot, piece or parcel of ground where two or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located,said camp being,operated for or without compensation.2 TOURIST COTTAGE—A detached building having less than 350 square feet of cross-sectional area, designed for 2 Editor's Note:See also Ch.88,Tourist and Trailer Camps. 10032 s-15-99 • • r TRANSMISSION VERIFICATION REPORT r TIME : 05/02/2001 12:38 DATE,TIME 05/02 12:37 FAX NO./NAME 3695132 DURATION 00:01:33 PAGE(S) 03 RESULT OK MODE STANDARD ECM 5 \D\� 11 \ `v; ra O ' CHARLES R.CUDDY 1� { i ; ' 2 ATTORNEY AT LAW /, p� 445 GRIFFING AVENUE ✓ RIVERHEAD,NEW YORK Mailing Address. TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail. crcuddy@earthlink.net February 27 , 2001 HAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Ravitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at the westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill ' s consent, that this matter be adjourned 'to the March 15th meeting of the Board. Very truly yours, 0(4.47 Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg APPEALS BOARD MEMBERS r gfe % FFOL4 =, 1�����® ®G Southold Town Hall Gerard P Goehringer, Chairman .` ir, ��. 53095 Main Road James Dinizio, Jr. y - P.O. Box 1179 Lydia A. Tortora • % y;,.' �t Southold, New York 11971 Lora S. Collins p-•0' ZBA Fax(631)765-9064 George Horning = 1 *.0"*., Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prep. 3/19/01 AGENDA SPECIAL MEETING THURSDAY,APRIL 19, 2001 6:30 p.m. I. STATE ENVIRONMENTAL DUALITY REVIEW\DECLARATION: Type II Category under SEORA Statewide List: II. PUBLIC HEARINGS: (Should your presentation be lengthy, please provide a written copy of your statements, which is made a permanent part of the record.) 7:00 p.m. Carryover hearing: • Appl. No. 4837 — H. CASITY: (Continued from 2/28; 3/15). This is a request for a Variance under Article XXIV, Section 100-239.4A.1 to locate an accessory swimming pool and hot tub construction at less than 100 feet from the bluff of the Long Island Sound; 1900 Hyatt Road, Southold; 50-1-3. III. DELIBERATIONS/DECISIONS (as deemed appropriate by Board): all pending applications. IV. RESOLUTIONS/UPDATES/REVIEWS: • 1. Resolution to Approve Minutes of the following Meeting(s): 2. Resolution. After discussion, review and updates on pending applications; Resolution confirming status and sending reply to applicant(s) or other action as deemed appropriate by the Board; also confirmation of the following calendars: May 3, 2001 — Regular Meeting and Public Hearings; deliberations/decisions/resolutions. V. EXECUTIVE SESSION (if any). ! APPEALS BOARD MEMBERS ,�� SQFFO`/r ��i�p eek Southold Town Hall Gerard Goehringer, Chairman �� i : James Dinizio, Jr.P. • 53095 Main Road `y �A� P.O. Box 1179 Lydia A. Tortora PPI'$ Southold, New York 11971 Lora S. Collins _l' ���_. ® ZBA Fax(631)765-9064 ' George Horning =- 1%*.' � Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 19, 2001 To: Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Ciarelli & Dempsey, Esqs. 737 Roanoke Ave. P.O. Box 488 Riverhead, NY 11901 Re: April 19, 2001 Hearing - Appl. No. 4839 (Cashy/Misthos) Dear Sir or Madam: As a follow-up to my communications dated March 14, 2001 and the public hearing held March 15, 2001, this will confirm that the hearing has been extended as requested regarding the above application, for a continuation on April 19, 2001 at the Southold Town Hall, 53095 Main Road, Southold, New York. The hearing time has been scheduled for 7:00 p.m. Thank you. Sincee-eiy yours f,. GERARD P. e - ,' GE- CH A AN 0dl/ 3//5/Ol al'h--9 ZONING BOARD OF APPEALS G� TOWN OF SOUTHOLD X In the Matter of the Application of Appeal No 4837 H. Cashy/M. Misthos X The applicants request a variance to construct a swimming pool and brick patio which extend 26 feet into the 100 foot setback from the bluff area. The application before this Board is grounded in the provision of the Town Code that permits accessory uses, including swimming pools (Town Code § 100-31(C)(4). Swimming pools are thus recognized as customary and incidental uses to residences. Contrary to contentions made on behalf of the neighbors Butz-Ravitch, the basis is not mere convenience and the standard is not practical difficulty as set forth in the cases referred to and annexed to the memorandum submitted on behalf of Butz-Ravitch. It may and should be argued that a variance seeking relief from the bluff restrictions (§100-239.4(A).1) is a unique variance. It is not simply a set back or area variance based on the bulk schedule, rather it is founded on a specific section of the Code. There may be other criteria for evaluation but as recognized by the parties appearing, both pro and con, bluff stabilization and drainage are central factors. The Board itself recognizes the stabilization issue by engaging the Suffolk County Soil and Water Conservation District to review the integrity of the bluff in connection with each application. If also viewed as a traditional area variance then the factors to be considered must include the balancing test- not practical difficulties. (Town Law §267-b) This was set forth by the Court of Appeals in Sesso v. Osgood 86 N.Y. 2nd 374, 633 N Y.S.2nd 254 (1995). It is submitted that cases relying on•the practical difficulty standard are not on point Moreover, the cases cited stand for the proposition, which is a standard in Article 78 proceedings, that the courts will not set aside a determination supported by substantial evidence. The cases denied a variance. Conversely, decisions approving a variance supported by substantial evidence are sustained. In applying the balancing test to the Cashy application there is minimal detriment to the health, safety and welfare of the neighborhood or community. (1) There will not be an undesirable change in the character of the area by locating a swimming pool 74 feet from the top of the bluff. Swimming pools and decks have received variance approval from this Board without changing or adversely affecting the community. To assure that the pool will have minimal affect on nearby properties the applicant has employed engineers to remedy any drainage problems, has moved the hot tub and pool, engaged an acoustical engineer and hired a landscaper to install a buffer of shrubs and trees. It should also be noted that the swimming pool is open for use only 3 months of the year. Not parenthetically, the homes on the adjoining lots extend farther into the bluff area than will the Cashy/Misthos pool. (2) The location of applicant's house, the placement of which was dictated by the Suffolk County Department of Health Services requirements for the distance between wells and cesspools, does not permit the applicant any alternative but to place a significant part of the pool and patio in the bluff area (3) The variance requested is 26 feet or 26% . The Zoning Board has frequently granted variances of at least 30% and also granted variances where the structure to be 2 'Y • v , constructed was closer to the top of the bluff (4) By carefully considering drainage concerns, agreeing to install sufficient catch basins and to have the project monitored by its engineer, the applicant has actually eliminated the problem of rain water run off. The movement of the pool and hot tub, as well as installation of additional landscaping, should eliminate adverse physical or environmental impact. (5) This is not a case of self created hardship. Based on Health Department requirements the house was located near the bluff set back line The set back problem was not voluntarily created by the applicant. Here the Cashy/Misthos application requests that a swimming pool and patio be constructed to complement their home. They will expend effort and resources to reduce any negative impact this will have on their neighbors including additional landscaping and drainage. While respecting the sensitivity of their neighbors, the uses of the Cashy/Misthos property intermittently over a 3 month period for family swimming cannot and do not create any greater noise problem than other play activities of children or of their parents. Despite protest to the contrary the real opposition to the pool is the Butz-Ravitch claim that during some period in the summer months the tranquility they cherish will be disturbed. The attempt to stop the Cashy family from enjoying their property is, in reality, subjecting the Cashy's to the Butz-Ravitch standards for seclusion and apparently a cloistered setting Although on a lot with virtually no side yard, their house was erected in the bluff area and purchased after the Cashy's constructed their home. They seek to impose a structured lifestyle on their neighbor and prevent their neighbor from making use of their site as many others do on the pretext that the swimming pool will cause undue noise. 3 The evidence and everyday experience does not support the Butz-Ravitch claims. Noise is not amplified by the swimming pool or greater than in any other ambient activity The applicants have re-located the hot tub, moved the pool, added landscaping and through its engineers have assured the Board that drainage will not be a problem. The applicants have agreed to employ their engineers during the construction process to certify the absence of a drainage problem to the building department at the conclusion of construction. Based on the mitigation measures, the response to neighbors' concerns, the stabilization of the bluff and employing the balancing standards, the application should be approved. Dated: March 15, 2001 Respectfully submitted, Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 4 FEB-23-01 21"31 FROM: P ID: PAGE 4/5 f�Q George K.Penesis,P.E. (j°E 33-41 149th Place 1 I� Flushing,NY 11354 718-886-3239(Home) EMPLOYMENT HISTORY Noise,Air,Water Quality,Transportation/Traffic Analyst 4/94-Present Konheim&Ketcham,Brooklyn,NY Highway noise analyses using STAMINA 2.0/OPTIMA and TNM.Perform measurements,computer modeling of community noise levels and noise barrier design. Mobile source air quality analyses using Cal3QHC and stationary source analyses using ISC.Traffic analysis using HCM,signal optimization using Synchro,microscopic simulation using SimTraffic and CORSIM,planning studies using TRANPLAN,high accident location analysis. Demographic studies using Mapinfo,familiar with TransCad and ArcView. Surface and ground water analysis,Toler method for impacts of de-icing salts.Part of a team that created a WEB site to increase public participation in the transportation planning pi ocess. Maintain office network 15 computers,provide computer support for all staff and share responsibility for the purchase of new software/hardware. Air/Water Quality Analyst&GIS Manager 10/92-4/94 McKeown&Franz Inc.,NY,NY Responsible for computer-based analyses,including mobile and stationary source air quality impacts, groundwater modeling,and computer mapping.Extensive experience using MOBILE,CAL3QHC. Modeled the dispersion of emissions from a medical waste incinerator using ISC dispersion modeling software. Responsible for all aspects of computer aided design(CAD)drawings for mobile and stationary source analyses and for documentation of the analyses for regulatory review. Investigated emerging environmental technologies for potential investors. Adjunct Lecturer 9/92-5/95 New York University Taught Calculus,Algebra&Trigonometry,Math 1 &2 and Math Stategk.s to adult students in the School of Continuing Education. Used the Internet and mathematics software to enhance the standard curriculum. EDUCATION The Cooper Union for the Advancement of Science and Art Master of Mechanical Engineering May. 1993 Graduate GPA 3.7/4.0 Bachelor of Mechanical Engineering May, 1991 Cumulative GPA 3.2/4.0 Major GPA 3.2/4.0 LICEN$URES AND CERTIFICATIONS Licensed Professional Engineer in New York State Completed PTA Training Course on Transit Noise and Vibration Impact Assessment Completed Advanced Mapinfo Workshop MEMBERSHIPS National Society of Professional Engineers TRB Committee on Transportation Noise and Vibration Institute of Noise Control Engineers COMPUTER/MODELING SKILLS Traffic Engineering/Planning—HCM,Synchro/SimTraffic,CORSIM,TRANPLAN Noise Analysis-STAMINA 2.0,TNM Air Quality Modeling-MOBILE 5b,CAL3QHC,ISC . Groundwater Quality Modeling-MODI LOW,RANDOM WALK GIS-Mapinfo,ArcView,Maptitude,TransCad CAD-AutoCAD 2000(proficient),MicroStation(familiar) FEB-23-01 21 . 31 FROM. ID. PAGE 5/5 . Detaked project experienc Noise Analysis: • LIE Exit 63-67 (5 miles),Suffolk County,NY Noise measurements(20 sites),computer modeling of existing and future noise levels and noise barrier design. ▪ Route 112 reconstruction(1.5 miles),Suffolk County,NY Noise measurements(15 sites)and computer modeling of existing and future noise levels. Shore Parkway Improvement Study,Brooklyn,NY:Noise measurements(10 sites)and computer modeling of existing and future noise levels_ • Route 25 Reconstruction(3 miles),Suffolk County,NY. Noise measurements(16 sites)and computer modeling of existing and future noise levels. ▪ Hutchinson River Parkway Design Study,Westchester County,NY. Noise measurements for a 3- mile improvement project. ▪ West Hills II Development Noise Mitigation,Suffolk County. Assistance on the design of a noise barrier to reduce the impacts of highway noise on a residential development. • New York Helicopter Noise Coalition. Measurement and analysis of community noise impacts from commercial helicopter operations. Acoustics Research: • Investigation of the feasibility of pyrotechnic shock simulation using air guns. (Master's Thesis) Mr quality analysis for mobile source networks: • Route 25 Reconstruction,Suffolk County,NY. Microscale air gaiality analysis following NYSDOT procedures. Selection of intersections to be modeled,selection of emission factors,dispersion modeling for CO impacts at two intersections. • Route 112 Reconstruction,Suffolk County,NY.CO Dispersion modeling at one intersection. • Cross Bronx Expressway,Bronx,NY. Air quality analysis for evaluation of CO impacts,both within a tunnel,and on a network of street-Ievel receptors. Performed research and developed methodologies for estimating CO concentration within the roadway mixing zone and the amount of pollutant recirculation between adjacent tunnel portals. • Nicholls Plaza Carrefour Development DEIS,Brookhaven,NY. Analysis including carbon monoxide(CO)impacts on 8 receptors and 33 links. • Verrazano Narrows Bridge One-Way Toll Study,Staten Island and Brooklyn,NY. Air quality impacts on 13 receptors and 55 links. Stationary Source Air Analysis: • Roswell Park Cancer Center Incinerator,Buffalo,NY. Stack height determination using ISC2 dispersion modeling software;pollutant impacts analysis over a complex network of receptors. Transportation Planning/Traffic Analysis • FHWA Smart Growth Case Studies Project-For the Federal Highway Administration,reviewed growth management practices employed by MPOs nationwide. Selected three locations to be the subject of case studies detailing the techniques used to quantify the benefits of their growth management programs. • Grand Central Parkway/BQE Connectors,Queens,NY. CORS IM traffic simulation of two-mile segment of Grand Central Parkway. Calibration of existing conditions model,testing of roadway and signal timing modifications to reduce congestion and improve safety. • Triboro Bridge Toll Plaza Redesign,NY,NY. Determine impact on toll revenues of toll plaza redesign,phased construction,addition of new ramps to Randall's Island,expansion of Randall's Island sports activities.Helped to develop traffic assignments,ba lanced networks,created spreadsheet for estimating energy and air quality impacts of proposed changes. • High Accident Locations,NY,NY.Creating accident database and collision diagrams for about 3,000 accidents at eight separate locations,identifying non-standard geometric features and relating them to accident patterns, making recommendations for safety improvements. • Queens Boulevard Bridge Reconstruction,NY,NY TRANPLAN was used to estimate diversion of traffic that would result from closing one lane of the QBB for reconstruction. I assisted in the plausibility analysis of the results produced by TRANPLAN_ • Presbyterian Hospital Expansion,NY,NY.Reduce traffic data collected at nine intersections, balance traffic networks,perform HCM and Synchro/SimTraffic runs to evaluate project impacts, design traffic mitigation measures.Develop maps of on and off street parking. Analyze origin and destination patterns using GIS(Mapinfo). Groundwater Quality Analysis: Nicholls Plaza Carrefour Development DEIS,Brookhaven,NY. Groundwater quality analysis requiring a detailed source inventory,as well as execution and interpretation of the model calculations (MODFLOW and RANDOM WALK computer models). • Route 112 reconstruction,Suffolk County,NY Toler method for impacts of de-icing salts,PIMA model for effects of auto emissions on surface water and groundwater and federal sole source aquifer analysis. FEB-23-01 21-30 FROM: ID: - PAGE 2/5 My name is George Penesis,P_1✓_, and I am an expert consultant on environmental acoustics, a licensed professional engineer and a member of i he Institute of Noise Control Engineering. I have conducted several noise analyses to assess the impacts of highway traffic noise and designed noise barriers for impact mitigation_ I have also measured helicopter noise at a Manhattan heliport. My Master's Degree thesis was in acoustics research. My curriculum vitae is attached. I have reviewed Mr.Paciulli's testimony with regard to the Cashy variance and have the following comments_ Testimony Excerpt#1 "If you can understand that all sides of this property are now enclosed, two by semi, semi-absorptive sides-it's the natural bluffs to the northward and to the east of the property." Response to Excerpt#1 It is reasonable to think that the"natural bluffs"would be more than semi-absorptive,if their surface is covered with soil and/or vegetation. They would be very absorptive_ Testimony Excerpt#2 "However,you're going to be installing one that is not going to be of use to sound absorption at all which will be the water, OK, sound moves across water extraordinarily quickly_ It actually tends to accelerate sound pressure due to the nature of you know the phenomenum [sic] of the water itself." Response to Excerpt#2 Sound does not move across water quickly. Sound moves through water faster than it does through air. According to Cowan's Handbook of Environmental Acousticsi,the speed of sound, at 70 degrees F,is 1,128 ft/sec in air and 4,920 ft/sec in sea water_ Water does not"accelerate sound pressure". If the intended meaning was intensify pressure,no medium which is passive,i.e. does not supply energy to the sound that is passing through it,can intensify the pressure of the sound passing through it. The"most the medium can do"is allow the sound to pass through it unattenuated. Similarly,no passive surface(water, wood,metal) can intensify sound by reflecting it. The "most it can do" is reflect the sound without attenuating it. Handbook of Environimental Acoustics,James P.Cowan,Van Nostrani t Reinhold,New York, 1994 Table 1-1 on page 8. FEB-23-01 21 : 30 FROM: ID: - PAGE 3/5 u • , :4 1 Testimony Excerpt#3 "So you're creating a bowl more or less of collection,of sound collection and the only place it really has to go is the place of least resistance which is the lowest elevation.__" Response to Excerpt#3 The implication that the sound will be collected in a bowl and"spill"down to the lowest elevation,in the way that water might,is wrong. Sound waves are not influenced by gravity in the way that is implied. General comments on Mr.John Paciulli's testimony and Curriculum Vitae Mr. Paciulli's testimony does not quantify the noise impacts that are alleged. Without calculation of the noise levels that are likely to result from the proposed activity, and comparison of these levels with existing noise standards and ordinances, it is not possible to state conclusively what the noise impact of the proposed action will be. In order to quantify any potential impact,ambient noise leve I s should be measured and the noise characteristics of any equipment, such as pumps,that are proposed for use with the pool should be obtained from the manufacturer. With regard to noise generated by • people congregating at the pool or hot tub, it is difficult to say what this noise level will be since it depends on the behavior of the people. The distance between the pool/hot tub and the noise receptor is also an important factor. Based on his CV,it appears that Mr. Paciulli has considerable experience in lead-based paint and asbestos inspection. His CV does not,however,document extensive experience in the field of noise analysis and control. In the section titled"Pertinent Experience",it is stated that Mr. Paciulli"has been retained to conduct sound pressure level audits"and"has been qualified for testimonial [sic] as an expert in the field of environmental hazard noise pollution and control". However,no further proof of his knowledge or experience in noise analysis and control is provided. _ \ 1 �\ AFFIDAVIT HARRY CASHY, being duly sworn, deposes and says : 1 . With my wife, Maria Misthos, I own a home at 1900 Hyatt Road, Southold; 2 . We have made an application to permit us to construct a swimming pool and patio which will extend to the bluff area; 3 . The swimming pool is an integral part of our use of our home during the summertime and it will permit my wife, my children and myself to use and enjoy our home; further, it will permit our family to have recreational use of our parcel during the summer months . It will allow us to be together with our children. We have engaged engineers, landscape designers and other consultants to ensure that the swimming pool is properly constructed to have a minimal adverse impact on our neighbors . We respectfully request that our app/ pp ,cation be granted. At Hai y Cashy Sworn to before me this J '\day of March, 2001 . 416WY2 di. 9asje . SW,. 01906o72z7hf/ tLQc- Not a r, �i �,. u+diugu t 24,2.42-a 01,0a12001 15:00 53135- 90 CHARLES R CUDDY PAGE 02/0 0 3bity 4E1_ A TIDAVIT ROBERT SCALIA, being duly sworn, deposes and say's: That 1 am a licensed real estate broker and own and operate Century 21 Albertson Realty in the Town of Southold. I airy familiar with the marketing and sale of residential property and have been involved with literally hundreds of sales of homes throughout the Town of Southold. Many of the homes which I have sold have swimming pools. 's a.ny other homes that I have sold have been located next to parcels which have swimming pools . The fact that a swimming pool has been constructed at a home does not adversely affect the market value of a home on adjoining property_ In particular, I am aware that the home on the west side of the `;.ashy parcel is close to the property line and that the Cashy pool and. adj acen.t . patio will extend into the bluff area. Based upon my experience ;in the sale of residential parcels with a pool , on the adjoining parcel, the presence of )f-he swimmifig pool and patio at the Cashy residence will not adversely aff`/eot the market value of the Butz and Ravitch home._/1_,A6, __hj . r' r / Robe fT Se6aiia Sworn to before me this i day ' of January, 2001. —747______ ., `/ K4) / , . , . , . . . , , I�Otary, , .. - .,.• EDWINA U CALI.EN, Notary Public State of=New York' - • - No,4991462 Qualified m Suffolk Cou Commission Expires February 3, CU;kJ4 2F9:JL Lb: al 63136`- '80 CHARLES R CUDL1V PALiE K12/U { AFFIDAVIT ROBERT SCALIA, being duly sworn, deposes and says: That I am a licensed real estate broker and own and operate Century 21 Albertson Realty in the Town of Southold. I am familiar with the marketing and sale of residential property and have been involved with literally hundreds of sales of homes throughout the Town of Southold. Many of the homes which I have sold have swimming pools. Many other homes that I have sold have bean located next to parcel.. which have swimming pools _ The fact that a swimming pool has been constructed at a home does not adversely affect the market value of a home on adjoining property. In particular, I am aware that the home on the west side of the Cashy parcel is close to the property line and that the Cashy pool and. adjacent patio will extend into the bluff area.. Based upon my experience in the sale of residential parcels with a pool on the adjoining parcel, the presence of ,the swimm' ig pool and 2 • will not advar patio at the Cashy residence ely of_ the market value of the Butz and Rav itch home. 1�.Ii- / ...16‘___ ,oberr, £alia Sworn to before me this t day of January, 2001. ..._j.-____:___ - • Notary; ubiic ., , -' EDWINA L CALLE,N; Notary Public,State of New York No.4991462 Qualified in Suffolk Coot" �� Commission Expires February 3, . kJlr LI+-1+`AIe71 lb:FIM 6:i1�b`� CHARLES F: 011)U'r 1110F'�",inE G�li N:i AFFIDAVIT ROBERT SCALIA, being duly sworn, deposes and says: That I am a licensed real estate broker and own and operate Century 21 Albertson Realty in the Town of Southold. I am familiar with the marketing and sale of residential property and have been involved with literally hundreds of sales of homes throughout the Town of Southold. Many of the homes which I have sole have swimming pools. Many other homes that I have sold have been located next to parcels which have swimming pools . The fact that a swimming pool has been constructed at a home does not adversely affect the market value of a home on adjoining property. In particular, I am aware that the home on the west side of the Cashy parcel is close to the property line and that the Cashy pool arid, adjacent patio will extend into the bluff area. Based upon my experience in the sale of residential parcels with a pool on the adjoining parcel, the presence of ;she swimm' g pool and patio at the Cashy residence will not acre ely affe ,. the market value of the Butz and Ravitch home. :/ z' ii„,/,i ./ 4de„..._ ✓ C.01.._ 7 Fober,, alis Sworn to before me thistday of January, 2001. ,...,/ _____‘/ . . „ i o,tary uhlic MAMMAL CALLENy , Notary Public,State()New York' ' No.4991462 Qualified in Suffolk Coup,��� Commission Expires February 3, • ''' FFO` 1111 APPEALS BOARD MEMBERS �,�� V r' \s 00Southold Town Hall Gerard P Goehringer, Chairman ��_ : 53095 Main Road James Dinizio,Jr. P.O. Box 1179 Lydia A.Tortora ; • 0 Southold, New York 11971 Lora S. Collins °j'*/ x, ®�/ ZBA Fax(631) 765-9064 George Horning �= •�l $-.1'. Telephone (631) 765-1809 ��.. .0° BOARD OF APPEALS TOWN OF SOUTHOLD March 14, 2001 By Fax Transmission 369-5132 • John L. Ciarelli, Esq. Ciarelli&Dempsey 737 Roanoke Avenue P.O. Box 488 Riverhead, NY 11901 Re: Appl. No. 4837—Cashy Application Dear Mr. Ciarelli: This will confirm that the public hearing will continue as scheduled for the ZBA's March 15, 2001 meeting in order to receive testimony from all persons appearing at that time. It is recommended that your office representative also attend the hearing, which has been calendared to begin at 7:50 p.m., or as soon thereafter is possible. After receiving testimony from persons appearing at that time, the Board will consider your request for additional time. It is possible that additional time will be extended to the April Meeting to receive final documentation and testimony, either orally or in writing. Very truly y. " , Gerard P. oehringer Chairman cc: Charles R Cuddy, Esq. T 1 RANSMISSION VERIFICATION REP , TIME : 03/15/2001 15: 02 DATE,TIME 03/15 15:01 FAX NO./NAME 3695132 DURATION 00:00:30 PAGE(S) 01 RESULT OK MODE STANDARD ECM n 0 TRANSMISSION VERIFICATION REP TIME : 03/15/2001 14: 59 DATE,TIME 03/15 14:59 FAX NO./NAME 3699680 DURATION 00:00: 31 PAGE(S) 01 k RESULT OK MODE STANDARD ECM 03-12-01 13: 10 CI ARELL IDEMPSEY ID=6316 47633 P01/03 CIARELLI &DEMPSEY 737 Roanoke Avenue P.O. Box 488 Riverhead, NY 11901 (631) 369-5100 Fax (631) 369-5132 TELECOMMUNICATION COVER SHEET DATE: r TO: oh' rI oa.v. o t fte �.� .e.,-...„4„4„.. a FAX NO. (6 5)) 7b — 9%4 FROM: z, ir' 2 J cE RE: ZA _ 01- 4 C () NUMBER OF PAGES INCLUDING THIS ONE: - If you have any problems with this telecommunication,please call us immediately at(631)369-5100. COMMENTS: ' The information contained in this facsimile message is attorney-privileged and confidential information intended only for the use of the individual or entity named above, if the reader of this message 3s not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, disclosure or copying of this communication is strictly prohibited.' If you have received this communication in error,please immediately notify us by telephone and return the original message to us via the U.S. Postal Service. APPEALS BOARD MEMBERS fib' ,,�'���FF04 ���00 x..-„; - `'®G Southold Town Hall Gerard P. Goehringer, Chairman �'_ • y.04: 53095 Main Road James Dinizio,Jr. ; :x i P.O. Box 1179 Lydia A.Tortora ;:` ��� Southold, New York 11971 Lora S. Collins �' 4 0' ��� ZBA Fax(631) 765-9064 George Horning '�ol HJig *•111. Telephone (631) 765-1809 -00 BOARD OF APPEALS TOWN OF SOUTHOLD March 2, 2001 To: Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Anthony B. Tohill, P.C. 12 First St. P.O. Box 1440 Riverhead, NY 11901 Re: Appi. No. 4837 — Cashy Application Gentlemen: This will confirm that the hearing regarding the above variance application has been recessed as requested to the Board's March 15, 2001 T” ' e`-iearing is calendared for 7:50 p.m. and will take place at the Southold Town Hall, 53095 Main Road, Southold. Sincerely yours, GERARD P. GOEHRINGER CHAIRMAN 03/14/2001 12:33 6313 i80 CHARLES R CUD PAGE 01/01 5../k;IVq CHARLES .CUDDY A7TCRNI;Y AT LAW• 445 C RI FFING AV'TN L"6 RIVaHEAD,NZW YORK M a;lix AsItlies: TEL (G31)369-13200 O0 P.O.Box 1547 FAX: (631)369-980 Riverhead,NY 11901rcv(140eartill ink..net March 14, 2001 Via Fax: 309-8132l; 7�- f i /�` 1 John L. Ciarelli, Esq. • 1i 1'1 Ciarelli & Dempseyi PO Box 488 Ij I MAR 4 200( €� ��i Riverhead, NY 11901 - 1.L__/: f:t i Re: Boning Board of Appeals/Cashy _ M__ _",•� --- ,.•� _� 1900 Hyatt Road, Southold Dear Mr. Ciarelli: received your letter of March 12, 2001, requesting an adjournment of the above application which is on the Zoning Board of Appeal's calendar for March 15, 2001. I have regularly made an attempt to honor requests from other attorneys, however, in this instance I cannot consent to the adj ournment. This matter has been adjourned previously and was scheduled to be heard as recently as two weeks ago. It was then adjourned with the expectation that the objectants, you now represent, would settle their dispute. This has not occurred and the applicants wish to proceed at the hearing on March 15, 2001. Very truly yours, Charles R. Cuddy CRC/pc cc: Zoning Board of Appeals 03-12-01 13: 10 CIARELLIDEMPSEY ID=6316947633 P02%03 5 x'3�l3 CIARELLI & DEMPSEY ATTORNEYS AT LAW TORN L CTARF.U.T FAT(691)369-51.32 PATRICIA A.DEMFSEY 737 ROANOKE AVENUE P.O.SOX 488 RIVERHEAD,NEW YORK 11901 EDWARD T.MC.IN7YRR OF COUNSEL (631) 369-5100 March 12, 2001 VIA FACSIMILE1631)765-9064 Zoning Board of Appeals Town of Southold 53095 Main Road, P.O. Box 1179 Southold, New York 11971-0959 Attention: Linda Kowalski, Secretary of Board Re: BZA Application of H. Cashy/M. Misthos Appeal No.4837 Out Clients: Mary Butz and Diane Ravitch Dear Ms. Kowalski: Please be advised, we have only now been retained to represent our clients' interests in this pending application based on their neighboring property's location, to the immediate east of the Subject Premises. The change in attorney was necessitated to insure our clients' representation at the next hearing on the application. At this point,we have just today received our clients' former counsel's file, based on which we can determine if we need to review the board's file, as well as other records of the Town. At this pont, we are very interested in learning if the Town maintains; 1) aerial photographs. of this area; and 2) records of other swimming pools in the area of the bluffs, and if so, reviewing same. At this late day we would need an adjournment of the next public hearing scheduled for March 15, 2001. An adjournment would not prejudice the applicant since there has been little or no activity on this application since October 19, 2000, the date of the last hearing. We will be requesting this adjournment at the hearing unless it can be considered by the Board in advance of Thursday's meeting. We would respectfully ask that this request be considered as soon as possible. 03-12-01 13: 11 CIARELLIDEMPSE7 ID=6316547633 P03/03 i CIARELLI 8 DEMPStT Attorneys at Law Please advise. Thank you for your consideration of this matter. You s truly, '...--'" i b (ijat. - L JOHN L. CIARELLI JLC/tr Z01.-. AG BOARD OF APPEaLS TOWN OF SOUTHOLD ( 631 ) 765 - 1809 FAX ( 631 ) 765 - 9064 53095 MAIN ROAD SOUTHOLD , NY 11971 - 0959 FACSIMILE TRANSMITTAL SHEET TO: FROM: ZBA OFFICE STAFF 765-1809 COMPANY: DATE: t FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 049 %° IP PHONE NUMBER: RE: ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY❑ PLEASE RECYCLE NOTES/COMMENTS: ,/ e ,egy 2,,e5/4 1 J, RANSMISSION VERIFICATION REPORT TIME : 03/12/2001 15: 55 DATE,TIME 03/12 15: 54 FAX NO. /NAME 3699080 DURATION 00:01: 07 PAGE(S) 03 RESULT OK MODE STANDARD ECM Pi !t CHARLES R.CUDDY I " f' 2 7 r 2 f I ATTORNEY AT LAW aL 1 /` 445 GRIFFING AVENUE RIVERHEAD,NEW YORK . Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net February 27 , 2001 BAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Ravitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at the westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill's consent, that this matter be adjourned 'to the March 15th meeting of the Board. Very truly yours, (2-4-a/r Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg ({" 1 �4! CHARLES R.CUDDY # '°1 il ( FEB 27r: ATTORNEY AT L AW 445 GRIPPING AVENUE RIVERHEAD,NEW YORK m Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net February 27 , 2001 HAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Ravitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at the westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill 's consent, that this matter be adjourned 'to • the March 15th meeting of the Board. Very truly yours, Calt—Ler Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg .. F I••04/64 i ‘....) 7 i \ / 4 Co • 4044 , A_ / , <0 % '28•00, OPOCitiND / *41 . 0* / Co 0 4, P,:6, ivc. 4104! . .77 ‘P:z. 44/..9 / / / ', cV / '' V .,• • ,1:5 . . ' / 0 ;-$ \ I r.z. / 41 I I .2 I I / / , 1 , ,\, c, • •P --A / / //e/// / / / / / / 1 / / / / 1 /7&) '`q) _82 •,40 4 r4 7 4 c / f i / / / //,/ 1 //// / / / / / lip?? 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O 4 .t, 2 ' •, 43&)(\i'v0v (o/ 'T•siiE.4c Nip,.,,,,, --_,_ _ ____ -..-i r 1,% Ac " ..„---_\ \ 4, 4,. c, :. 4 _ .1.. :. c,3cv N./.....__-.4,...,4, 0.t7,94ke, ,r; --- ..-4(11 /0'0- &; ciA, iu49 6•4 .....//9.8. --, .cik. z, 7,? • . • • / v 4 • ____---,/ , "- • 36 Z /A . /4, cv,. en?, .0, 6,,e 4 a cc, a' ---- 43.4. - ...6. „..........6, / x Atot;........._ IF %• # 4 it ---.---.. w.2-, 0 I 6e‘-`° / / *--,',0 s-1*s --- if‘ ' • --It. ; 1,\, * /R. 0, 14- • ...t API*6- .- c?-7, • (.0"- 00,0 0441 _ ,---'; . / ''''.F A,r4st- .4,,, 44, 4 . 4 • \ • ------..'s,3. , cv - ' .• Ckz: • f BELGIUM BLOCK OU z "--5-„te ` -• 36. a 411 4'CESSPO8L (DIxcc, Re s97,Pivel e c3 4'Z 'i'lf"6 -'"Ia'")?/ x.3,6? .4., f to 1 " v - • 2 __ ' '. .....P_4 tii, "*--..11,,,,,,, i7.0pdt -..---- .4, . z'.‘ --, ----,... 0,, . --.4 01*11A .....••• 4 •I\ 4 4 1,•••••. • 4 . — 0 4! 4. •. - . / a- I § e 4,• 01.0?6, _-....,.511 ., ikti 47 , . .... cli 1$7441— 4-0;01 '— 44;'' ' • 1..4 ' ,•1 "/ 'T . 4, • .. k g , 0 0 44 lf, - •<, 41 :. . o , . • - -• . E., , , 4, .6. i . , , 4 3 c.'. ,4 ' . /9'. , / .. 4 cl - 4/7 „, .. 555 4A •, ; • (.60 / 0 , I tf) 4-• , ..) •Q . .,_ • , . ,. ,.. , • , ; r 44?4'a 41;•, 464 ce• .0 C.F..- 0„‹-eo -9?., i 44,. 45'4 4DY., i MAP OF PROPERTY o?au A .. 7) SITUATED AT , i.,„- .. . 4 . • j , .. . 1 HORTON POINT I TOWN OF SOUTHOLD , c 1 IFFY) ! v rni 1 NTY N FW YnPV L \ n .1 5{1! f j I IT -----:-'---L-------1--,—: LLL.a \\,, � _ ` CHARLES R.CUDDY 1} EBilti f ' J ATTORNEY AT LAW 'l •, / /,` 445 GRI FFI NG AVENUE �` ! �� RIVERHEAD,NEW YORK ,�_. / Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail. crcuddy@earthlink.net February 27 , 2001 HAND DELIVERED Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are eight (8) copies of a revised map of the Cashy parcel showing the relocation of the pool at a distance of 48 feet from the westerly line as well as the relocation of the hot tub to the easterly side of the patio area. This map was just recently prepared and delivered to Anthony Tohill, the attorney for Mary Butz and Diane Rilvitch. Based upon the reduction in size of the pool and moving it further east, as well as the additional landscaping at tie westerly end of the patio, Mr. Tohill is seriously discussing with his clients a settlement of this matter. However, his clients are not readily available and he expects it will be several days before he will receive a response from them. On the basis that the claims of Mr. Tohill ' s clients, the neighbors to the west, may be resolved, I respectfully request, with Mr. Tohill 's consent, that this matter be adjourned to the March 15th meeting of the Board. VeryCe2 truly yours, 4,Gg-�" l Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg 12/06/2009 10:20 63136 CHARLES R CU' Dv. PAGE 01101 vo/ e CHARLES R. CUDDY Attorney at. Law • 445 Griffing Avenue Riverhead, New York 11901 Tel #631-369-8200 Fax , 6'31 69 080.�7 TO: Zoning Board of Appeals _© ���'--._ l�\y/7 Fax #: 765-9064 - DEC ' 6 L��Q � IIII �t ! Total Number of pages including cover sheet: I --' If transmission is faulty or incomplete, please inform us as soon as possible. Operator: Catherine Date: December 6, 2000 • COMMENTS: Re: easily - ZEA - Southold Through their attorneys, the parties have not been able to get together because of serioue scheduling difficulties. We anticipate meeting shortly. However, upon consent, we request that this matter be rescheduled to the Board's meeting in January. Charles R. Cuddy This fax transmission together with materials following are intended for the person or persons named hereon and are considered confidential information. It you have received this transmission in error, you are directed to return these materials immediately by regular mail to the sender at the above address. Postage incurred for the return will be paid by this firm. v+.+rr i=�rtr:_": _ '� �---. :..,:. �s.,+�.l..xizsos,.wn.a3+..,. -,...e+z� .� _.v..,,,.::vts.._;,=.-fir.�s.:.., -•, hc.._ `.rac;.. :...v;.:" ..<�_ .. _......� " - .. i_ :::_i-..:�.-rte :ctiJ ic. APPEALS BOARD MEMBERSSVFFO(4-- - Southold Town Hall Gerard P. Goehringer,Chairman 01.% Gym? 53095 Main Road James Dinizio,Jr. y = P.O. Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S. Collins / ZBA Fax(516)765-9064 �^ George Homing VT/s00 Telephone(516)765-1809 evi BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 18, 1999 • Appl. No. 4733 -VITO &JULIE CARNAVALE 1000-50-1-7 STREET&LOCATION: 1500 Hyatt(Private) Road, Southold DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 40,894.89 sq. ft. in area with 104.12 ft. frontage along Hyatt Road at Horton's Point, Southold. The lot is improved with a single-family, two-story frame house and wood platform-stairs leading to the L.I. Sound as shown on the survey updated by Joseph A. Ingegno on May 11, 1999. BASIS OF APPLICATION: Building Inspector's July 7, 1999 Notice of Disapproval citing' Article XXIII, Section 100-239.4A of the Zoning Code with respect to a proposed six ft. extension for a porch at the west side of the dwelling with views of the L.I. Sound. The Zoning Code requires a minimum 100 ft. setback from the top of the bluff. The applicant's existing setback is 31 feet at its • closest feet and a setback of 25 feet is proposed for the six-ft. porch extension. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 25 ft. setback from the top of the bluff (15 ft. from the Coastal Zone Hazard Line), for construction of a six (6) ft. extension for one-story height reconstruction (to allow a new enclosed porch at the west side of the dwelling). (No other areas are noted in the Notice of Disapproval, which is the basis of applicants'request.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the six ft. extension is proposed to be constructed over an existing concrete area, and limited to one-story height. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because a major part of the dwelling already exists within the 100 ft. setback range. 3. The requested area variance is not substantial. 4. No evidence has been submitted to show that the proposed deck extension would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or Page 2-August 18, 1999 i m ZBA Appl. No.4733-Vito and Julie Caavale Parcel 1000-50-1-7 at Southold '- !1 T if ln district(see recommendations of the Suffolk County Soil &Water Conservation District). 5. ffiht e . In considering cultythisas applicationnoben , the self-createdBoard deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new one-story porch, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED,to GRANT the variance, as applied for. 4 VOTE OF THE BOARD: AYES: MEMBERS GOEHRIi - R, D NI 0 0' LLINS AND HORNING. This Resolution was duly adopted (5-0 ;y / GERARD P. GOEHRI GER - 4 CHAIRMAN il For Filing about 8/24/99 - y 9 •1 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK t DATE 0-0/9Y HOUR /a ''60" 1 _____e+datta4efaile______ Town Clerk, Town of Southold , , S O 2 - ,._^ _�... - - _ „z„----_.„,�..r.n, "':.,.�:-re�,c^_„r-�,.:-..,,r„...,,._-.,-„,-n..4�:�:,:e��.�_ x�-_-:� ''r,+,1m-tr:.�i�t-y—':�-_ 3_- ----•<e:-": :1rM<r--_ 4 1 .,- --''' 0 6c }.5-r) . /6-oa HiNTT eo0 1 o ' L ell) // t, L a / ',, 1 i rAC‘ljaejle' ( Oktri9 1 I gq V5q- ( 5-ev vr,41) / ! 1- 1 . 1 / 1 L- 4 i 4 ,f, 1 I , w( I 1i (I I 'Iid- 3 7 e3 --".'".. ! I 7.1 PA/ A1 G ,, I r- i / / 2� i .. � i ' f f i5 rpm; "c04,41/ 1I ? 3/' 1101 , 37i _ Iii-. - - - • - - , * ,!� " ' -"' 'I'I II - i W C7"--- li f AUG -,9 k:Y :I ilj 2"' Sodn/.D :10.1 1, i :":"7._< <^_--- ,-....r. _ ."--: _;..w<+- ",-:.-.-»-. .Z.`.'S.! � ": .;i= .;�„r".:. ".:P."-c�s_ -4.4" ji'Sns;7--...._ >--... .. .�---isG�'a s.,T., E:c=.e.:u�..:.+X-�a::�.4.;m.�.vS+Ja�+Y',f.,. ..:._ifc tea:.:- ..5' r,.?e.aeG>`;ea-..i-. ,.:^';�;�,.,•;Z;"k2.:'__.`15 .,. _-:,v, »cyv.- .rte. -« 'ca..r - .n c. .. 3T.C.j,_.' . COUNTY OF SUFFOLK yS v�t�j'Y,L�yB ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX: (516)727-3160 (516)727-2315 Gerard P. Goehringer, Chairman l Southold Town Board of Appeals 5 (Y Southold Town Hall p 0 53095 Main Road i 0 Southold, NY 11971 • August 17, 1999 } Dear Mr. Goehringer: We have completed a site inspection of the parcel known as the Carnavale/ Porch Addition located at 1500 Hyatt Road in Southold. The bluff face is very heavily vegetated over the entire slope. At the toe of the bluff, there is no toe stabilization present and it appears that none is required, high tide does not appear to reach the toe. Most of the beach is gravel and numerous glacial erratics are present below the high tide line. No toe stabilization is present to either side of the subject property also. Land above the bluff face appears to slope away from the bluff. There is no evidence of overbank runoff. The house roof runoff is directed into downspouts that lead into drywells. The addition of a wrap around porch over the existing concrete patio will not increase the amount of runoff presently being discharged to the ground surface. Our only recommendation at this time would be to cut back or top the existing trees that ate on the bluff face. Sincerely, Paul TeNyenhuis, Senior District Technician, Suffolk County SWCD ' 4 RIVERHEAD COUNTY CENTER . 300 CENTER DRIVE, ROOM N-210 . RIVERHEAD, NY 11901 () S CLI .il31 ( --� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD I - y - x In the Matter of the Application • of Appeal No. 4837 H. CASHY/M. MISTHOS • x ANTHONY B. TOHILL, P.C. ATTORNEY AT LAW 12 FIRST STREET P.O. BOX 1330 RIVERHEAD, NEW YORK 11901 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Application of • Appeal No. 4837 ' H. CASHY/M. MISTHOS • x INTRODUCTION This memorandum is submitted by counsel for the westerly adjacent neighbors, Diane Ravitch and Mary Butz, who oppose this application to build a swimming pool, hot tub and patio within 74 feet of the bluff where Zoning Ordinance §100- 239 .4 (A) (1) requires a setback of 100 feet . BASIS OF OPPOSITION The proposed construction of the pool, hot tub and surrounding patio--given the existing narrow sideyard setbacks, • the existing sharp change of grade from 52 feet elevation on the east side of the proposed patio to less than 42 feet on the west side of the patio and the resulting need to build retaining walls to elevate the west side of the proposed construction--will allow the introduction of an undesirable in-your-face source of noise immediately adjacent the Ravitch-Butz residence. In addition, the construction will cause surface water runoff problems which-- r given the 34 foot elevation at the southeast corner of the Ravitch-Butz residence--means that the 16 foot change in grade from the east side of Cashy/Misthos to the east side of Ravitch- Butz will pitch water northwest of the pool patio which cannot be collected by the present drainage trap which will be at the west base of the proposed retaining wall . Persons using the hot tub and patio located about 30 feet from a bedroom in the Ravitch- Butz residence will--as a result of the retaining wall, fill and change in grade--be above any boundary vegetation, including any noise attenuating benefits of that vegetation. Because of the new drainage patterns to the northwest, there is a likely loss of existing bluff-stabilizing vegetation. THE APPLICABLE LEGAL STANDARDS An application for a swimming pool or a tennis court is not subject to the same standards on an area variance application as a residence. This was so before the New York Legislature codified the five statutory standards on July 1, 1992 and since. A swimming pool area variance application in particular requires 2 that the applicants demonstrate they cannot use their land for a home without coming into conflict with the 100 foot bluff setback requirement. A desire for a pool, in other words, is considered a "desire . . . of a personal nature, tenuously related to their r use of the property as a one-family residence" and does not form the basis of a practical difficulty. This is the express holding of the Second Department Appellate Division in Bienstock v. ZBA of Town of East Hampton, the text of which is annexed as Exhibit A. The holding in Bienstock was repeated in Delavore v. Scheyer, annexed as Exhibit B, and in Seumenicht v. ZBA of City of Rye, annexed as Exhibit C. Each of these is an opinion of the Second Department Appellate Division. In Delavore, the Court reasoned that the swimming pool variance was properly denied because the applicants failed to prove "they would be unable to utilize their land" for a residence. The Court implicitly is following that line of cases that considerswimming pools and tennis courts both a "luxury" and as Justice Daniel F. Luciano upheld in Walentas v. ZBA of Village of Southampton, annexed as Exhibit D, an objectionable source of noise. In Seumenicht, the Court observed that to the extent the applicant had a home which he occupied on his lot, the 3 • applicant ' s pool variance application was properly denied. Effectively, the Appellate Division was saying the pool is not a necessity but instead a personal convenience, which is not a basis for variance relief. Under Town Law §267-b, the Board should evaluate whether: A. the location of a hot tub, patio and swimming pool so close to Ravitch and Butz and elevated as required is an undesirable change or will result in detriment to the Ravitch and Butz residence; B. the benefit sought by the applicants could be achieved by another method, for example, a smaller pool, a smaller patio, moving the hot tub to the east side of the Cashy/Misthos parcel, providing for collection on site of surface water runoff, prohibiting removal of vegetation and trees, and providing a noise attenuation barrier that recognizes and deals with the proposed newly elevated height of the west side of Cashy/Misthos; C. the relief sought is substantial (when viewed in terms of the imposition of these improvements atop the privacy of the Ravitch and Butz residence, this 26% variance request is substantial) ; 4 D. the grant of relief will have adverse environmental consequences, for example, new water runoff volume and patterns, the destruction or removal of existing vegetation between these properties and corresponding or resulting • risks to the stability of, the bluff; and R E. the difficulty is self created, where as here the house and existing deck are as far seaward as the Zoning Ordinance allowed or allows, so that applicants created their own hardship in the process pushing that "hardship" on the face of the neighbors with a loss of privacy and enjoyment in the use of their home. DISCUSSION OF PRESENT RECORD ' The present record leaves unresolved or unaddressed at least the following: 1 . Where will the pool pumps and motors--with their customary persistent noise--be located and what type of noise baffle is proposed to attenuate that noise? ; 2 . May the pool and deck be reduced in size (raised by Member Tortora on July 6) ?; 3 . What is the actual result of the change of grade-- which is from elevation 52 feet to elevation 34 feet from the east side of Cashy/Misthos to the east side of Ravitch 5 and Butz and which is an even sharper change of eight feet from 42 feet to 34 feet over the thirty foot separation of the hot tub and the bedroom in the southeast corner of the Ravitch and Butz home--and could not cross sectional drawings and actual drainage calculations (not a narrative collection of conclusions) be provided and evaluated (raised by Member Dinizio on July 6) ? ; 4 . Are there noise attenuating steps that could be taken, e.g. , moving the shallow end of the pool away, building and maintaining a noise attenuation barrier, moving the hot tub to the east side of Cashy/Misthos, etc. ? ; 5 . What is the damage risk of new drainage or pool backwash or hot tub maintenance or pool cleaning on the bluff vegetation, and the stability of the bluff? ; 6 . What is the effect in amplification of noise of the aluminum siding on the Cashy/Misthos residence? ; 7 . In terms of the balancing of interests required under Town Law §267-b, what steps/conditions/requirements must the applicants recognize and implement toward leaving the peace and privacy of their neighbors undisturbed? ; and 8 . The applicants' burden of proof under established case law, including Bienstock and its progeny, and under Town Law 267-b. 6 CONCLUSION This application should in all respects be denied - because the applicants have failed to address, much less satisfy, their burden of proof. On a balancing of interests, this record would not permit the interests of Ravitch and Butz to be ignored. They now have a home but tomorrow they will have a receptacle for noise--children in the pool and hot tub, guests at parties on the patio and the constant droning whir of the pool pump equipment, all within the reach of a few arms and towering over their residence now set 8 feet below the proposed hot tub. Dated: October 19, 2000 Respectfully submitted, ANTHONY B. TOHILL, P.C. Attorneys for Diane Ravitch and Mary Butz 12 First Street P.O. Box 1330 Riverhead, New York 11901 631-727-8383 C:\My Documents\Realestate\ZONING\Ravitch&Butz-Memorandum-ZBA.doc 7 }i. . - 1004 589 NEW YORK SUPPLEMENT, 2d SERIES • ' '} Before MANGANO, P.J., and `- y7; Sh- SULLIVAN, BALLETTA and O'BRIEN, 187 A.D.2d 578 appe JJ. In the Matter of Herbert BIENSTOCh, .- Ga et al., Appellants, ,Hun.` MEMORANDUM BY THE COURT. •r• G� f resp, •In a proceeding pursuant to CPLR article v' 78 to review a determination of the Zoning ZONING BOARD OF APPEALS OF the ;ts ,. ; COP • Board of Appeals of the Village of Kings TOWN OF EAST HAMPTON, Point, dated January 9, 1990, which denied Respondents. i: : M-_ the petitioners' application for a variance, S-',5; the appeal is from a judgment of the Su- Supreme Court, Appellate Division, `, I^ 'r .y' 78 t preme Court, Nassau County (Yachnin, J.), Second Department. '-�' Boa: entered June 21, 1991, which granted the Nov. 16, 1992. - -i `';fi` Boa Han petition, annulled the determination, and ` • ter granted the petitioners a variance. =�' ; for . ORDERED that the judgment is re- : -- -- •- •• ..v. ILA..0 uAle• V1` tii t-GtiL..5 1UU11:05 2 ._ Cite as 589 N.Y.S.2d 1004 (A.D.2 Dept. 1992) - Sheila L. Birnbaum, New York City, for 441, 444, 410 N.Y.S.2d 56, 382 N.E.2d 756). ;;aYn appellants. The zoning board's determination will ordi- .4... r_, rOC fi '''- Gary N. Weintraub, Sp. Town Atty., narily be sustained if the determination has ," Huntington (Brian Neary, of counsel), for a rational basis. It is incumbent upon an -- respondents. applicant for an area variance to demon- , strate that "strict compliance with-the zon- Before THOMPSON, J.P. and EIBER in or OF the COPERTINO and PIZZUTO, JJ. tiesdinance will result in practical diffi- cu (Matter of Fuhst v. Foley, supra, MEMORANDUM BY THE COURT. at 445, 410 N.Y.S.2d 56; 382 N.E.2d 756, ;ion, In a proceeding pursuant to CPLR article citing Conley v. Town of Brookhaven 78 Zoning Bd. of Appeals, 40 N.Y.2d 309, 386 to review a determination of the Zoning Board of Appeals of the Town of East N.Y.S.2d 681, 353 N.E.2d 594). While Hampton, dated April 10, 1990, which, in- there is no precise definition of the term `', ' application "practical difficulties"', in general, the "pe- ter glia, denied the petitioners - for an area variance and a Natural Re- titioner must show that as a practical mat- roperty sources Special Permit to build a swimming ter he cannot utilize his property or a struc- armina-_- pool, the petitioners appeal from a judg- ture located thereon `without coming into , which _ ment of the Supreme Court, Suffolk Coun- conflict with certain of the restrictions of ariance ty (Leis, J.), dated October 3, 1990, which the zoning ordinance' " (Matter of Fuhst v. mit to . dismissed the proceeding. Foley, supra, at 445, 410 N.Y.S.2d 56, 382 Court, i ORDERED that the judgment is af- N.E.2d 756, quoting from 3 Rathkopf, Law roceed- i firmed, with costs. of Zoning andPlanning [4th ed], ch 45, § 1; apreme Matter of Grace v. Palermo, 182 A.D.2d groper- The petitioners own a parcel of water- 820, 582 N.Y.S.2d 284). lifficul- front property in the Town of East Hamp- ;a vari- ton which is presently improved by a one- ' family residence. They filed an application [2] The petitioners may continue to use with the Zoning Board of Appeals of the the dwelling on their property. Under Town of East Hampton (hereinafter the these circumstances, the petitioners are Zoning Board) for an area variance and a hard-pressed to establish "practical difficul- Natural Resources Special Permit to build ties" (see, Matter of Fromer v. Citrin, 187 a swimming pool on their property. The A.D.2d 588, 589 N.Y.S.2d 1003 [decided to var- Zoning Board denied the application after herewith]; Matter of Malhotra v. Town of deter- finding that the petitioners had not estab- Brookhaven, supra; Matter of Pacheco v. , k lished practical difficulties or special and De Salvo, 127 A.D.2d 597, 511 N.Y.S.2d unique circumstances warranting the 396). The record indicates that they desire granting of a variance, and that they had to build a swimming pool because they feel failed - not met the standards necessary for the that it is significant to their enjoyment of which issuance of a Natural Resources Special their house and property. Under the cir- istruc- - Permit. Contrary to the petitioners' asser- cumstances presented, their desire is one of town ' , tions, the Zoning Board's determination a personal nature, tenuously related to pplica- _:,_ was not arbitrary and capricious and was their use of the property as a one-family prop- - supported by the record. residence, and does not form the basis of a • gelling :-�;y: "practical difficulty".) buu „;ild � :� [1] It is well settled that local zoning P "Only in rare cir- hat it boards have discretion in considering appli- cumstances * * * may problems of a per- f their ;- cations for variances and that judicial re- sonal nature possibly constitute `practical rsonal , view is limited to determining whether the difficulties' to the landowner, therefore jus- • use of action taken by the board is illegal, arbi- tifying the issuance of an area variance" - ,.,3., trary and capricious, or an abuse of discre- (Matter of Fuhst v. Foley, supra, 45 ce. xs.- .: °:f-- tion (see, Matter of Malhotra v. Town of N.Y.2d at 446, 410 N.Y.S.2d 56, 382 N.E.2d rid Brookhaven, 185 A.D.2d 817, 586 N.Y.S.2d 756). Given the facts of this case, the r ,N" 643; Matter of Fuhst v. Foley, 45 N.Y.2d petitioners did not qualify for an area vari- dry 1006 589 NEW YORK SUPPLEMENT, 2d SERIES '; ance, andthe Zoning Board's denial of their issue must either timely file note, or more E:4'.. 4 ar. application had a rational basis. to vacate notice or for an extension of time f-` 7 (se In light of our determination, the peti- within which to file. McKinney's CPLR 4 55 y #n-i_ 5° tioners' assertion concerning the adequacy 3216. ,*, t of the reasons for the denial of the Natural 2. € 1 e Pretrial Procedure 46 ' '4 _= Se Resources Special Permit is academic. We Sanction of dismissal was proper, as °°` G , note, in any event, that the applicants response to plaintiff's failure to comply of failed to sufficiently demonstrate that the Ali' .'` with discovery, which occurred despite ''"` , 's relevant standards enunciated in the Town exis his of East Hampton Code § 153-5-40 could be tence of prior court orders. McKinnev's F' • CPLR 3126. -�- complied with (see, Matter of Dausey v., T a prc Kelley, 137 A.D.2d 686, 524 N.Y.S.2d 776). A•1 Therefore, the record supports the denial Lawrence Levine, New York City, for Mo. t%rt of that permit. appellant. { w Bower & Gardner, New York City (Jona- mis O 5 KEY NUMBER SYSTEM than Siegel and Steven J. Ahmuty, Jr., of 1 ass- t counsel), for respondent CommunityHosp. `;,,, Ho; A F- , of Brooklyn, Inc. Y: sua McAloon, Friedman & Mandell, P.C., wit -,; wit: 187 A.D.2d 566 New York City (Steven C. Mandell, of coun- i ' 174 Immanuel KIRKLAND A sel), for respondent Frederic J. Cohen. '' .' Du, ppellant, r .z,; Before BRACKEN t ' v. tilL , J.P., and ' LAWRENCE, MILLER, COPERTINO and COMMUNITY HOSPITAL OF BROOKLYN, INC., et al., SANTUCCI, JJ. ':R„ 4x Respondents. MEMORANDUM BY THE COURT. `` tc Supreme Court, Appellate Division, In an action to recover damages for med- ,3; Second Department. ical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings ,. Nov. 16, 1992. County (Bellard, J.), dated October 5, 1990, -' 1.- Stu: which, upon an order of the same court, '4. dated September 17, 1990, Malpractice action was brought. Thegranting the mo tion of the defendant Frederic J. Cohen to `t` `�3 Supreme Court, Kings County, Bellard, J., • _ . dismissed complaint as to one defendant dismiss the complaint for a failure to prose 1 '� for failure to prosecute, and against anoth- cute and the cross motion of defendant er defendant for failure to comply with Community Hospital of Brooklyn, Inc., to s : _i.. ,;t discovery orders. Appeals were taken, dismiss the complaint for failure to comply .,; 1 The Supreme Court, Appellate Division, with discovery orders, is in favor of theis "" held that: (1) dismissal for failure to prose- defendants and against him. of cute was warranted after plaintiff failed to ORDERED that the judgment is af- z. w file note of issue within 90 days of request firmed, with one bill of costs. to do so, and (2) dismissal as to one defen- [1] Where a plaintiff fails to comply . dant was warranted, based upon plaintiff's with a 90-day notice to file a note of issue r • failure to comply with discovery orders. tle a: pursuant to CPLR 3216, a defendant i` _ dant. Affirmed. entitled to dismissal if the plaintiff fails to Court show an adequate excuse as well as a meri- � ' ,.,,.... tion o torious cause of action. To avoid being r3" miss 1. Pretrial Procedure 589 held in default, a plaintiff served with a 90- ,','" € To avoid being held in default, plaintiff day notice must either timely file a note of ,.r-'., appea .�. .34LL;�,. Divisi, served with 90 daynotice to file note of issue, or move to vacate the notice or for t r: to:. comp]: ,`';v:-: 58q. 260 626 NEW YORK SUPPLEMENT, 2d SERIES P mortgage in the name of a sham corporation 2. Zoning and Planning «503 •;. -.tOp F corr, with the apparent purpose of perpetrating a Town correctly denied landowners' vagi- .' >y.`• that -,;v- F they fraud upon the plaintiff, the holder of a sec- ance requests to enable them to build pool - (sec. and mortgage. Accordingly, the court did deck and fence, since owners failed to estab- E; ' _ not err in finding that a merger of the inter- lish that, absent granting of variances, they iz"x w A.D.. :e ests of the owner and the first mortgagee would be unable to utilize their land ,i?=. sloth had occurred. a 9 f" 4, 1004: appellant's 3. Zoning and Planning x503 ° ', Hum The remaining contentions are Showing of practical difficulties must be :,,,,,: _.::; A.D. without merit. made to warrant granting of area variance. :-,,,,,,,/, - 1,1, : ter c, McKinney's Town Law § 267—h, subd. 3(b}. -!-',,,4i N i . - - •- conte x w 4. Zoning and Planning 503 ,'` rnus O E KEY NUMBER SYSTEM t.•' No discernible difference exists between `- ; an a requirements set forth in statute governing �- = diffu' considerations to be made by town in decid- forth ing whether to grant area variance and re- ' ;`,-,i::o- ,; of th, quirements of practical difficulty standard. ter 0. 215 A.D.2d 478 McKinney's Town Law § 267—b, subd. 3(b). ‘''', Y--.:' N•'i 199 .-' In the Matter of Lee DELAVORE, l'i't' et al., Petitioners, Eugene L. DeNicola, Sayville, for petition- 1, , 86; ers. `_ Pa ICI v. In ar Vincent J. Messina, Jr., Town Attorney, Richard I. SCHEYER, etc., Islip (Bruce P. Vetri, of counsel), for respon- we fi. et al., Respondents. dents. comp, ft Town Supreme Court, Appellate Division, Before MILLER, J.P., and RITTER, We Second Department. PIZZUTO and S_ANTUCCI, JJ. .,r ing c ' merit May 8, 1995. MEMORANDUM BY THE COURT. Proceeding pursuant to CPLR article 78 to �` review a determination of the responder: Landowners brought Article 78 proceed Board of Appeals of the Town of Islip, dated ing to review town's decision to deny them April 13, 1993, which, after a hearing, denied area variances for pool deck and fence. The the petitioners' applications for two of four ,x Supreme Court transferred case. The Su- ',•' Ir requested area variances. preme Court, Appellate Division, held that town correctly denied requests for variances, ADJUDGED that the determination i= Yy,. since owners failed to establish that, absent confirmed and the proceeding is dismissed on t. the merits, with costs.the granting of variances, they would be unable ' � to utilize their land. [1] Initially, we note that the Supreme i -. - ` Court should have disposed of the proceeding l' In t Confirmed. i on the merits instead of transferring it to this court (see, Town Law § 267—c[4] ) - 1. Courts €488(3) However, this court will decide the case on - x: ,-Y"' ` Pau} Although Supreme Court should have the merits in the interest of judicial economy' _ ;;; _ (see, Matter of Cucci v. Zoning Bd. of AP- r,., -• c • i disposed of proceeding to review towns deci- peals, 154 A.D.2d 372, 545 N.Y.S.2d 850 . sion to deny area variances on the merits rather -than transferring it to Supreme [2-1] Upon our review of the record. NV' ,1,,:__ Court, Appellate Division, the latter court find that the respondents' determination Nva.' t:','1.,..;-,--,',.-„ would decide case on the merits in interest of reasonable and rationally based upon sub ,4 -''' ;` variance ' ". . i Z judicial economy. McKinney's Town Law stantial evidence. The petitioners -,- ^r .,- . see § 267—c, subd. 4. requests for their pool deck and fenCe Avete `�..;,..:. , Cite as 626 Y.Y.8.2d 261 (A.D.2 Dept. 1995) `fly' , =� .° ': correctly denied since they failed to establish university expelling students upon disciplin- vari- ' that, absent the granting of the variances, ary findings. The Supreme Court, Suffolk =�" they would be unable to utilize their land County, Hall, J., granted petition, and uni- pool ' . ;see, Matter of Slakoff v. Hitchcock, 194 versify appealed. The Supreme Court, Ap- stab- 'r; .,: i.D 2d 613, 599 N.Y.S.2d 63; Matter of Bien- pellate Division, held that: (1)' students' due they �.t Zoning Bd. of Appeals of Town of E. process rights were not violated by their lack ;. ;r•: aro,z, 187 A.D.2d 573, 589 N.Y.S.2d of legal representation at disciplinary hear- low; Matter of Grando v. Town of Islip, 172 ing; (2) State Administrative Procedure Act 1st be ': -,•D d 663, o68 N.Y.S.2d 635; see also, Mat- x ter of Framer v. Citrin, 187 A.D.2d 588, 589 did not apply to university disciplinary pro- s;;. ian,ce. . _' S_2d 1003). Contrary to the petitioners' ceedings;. but (3) students were entitled to ' 3(b). contentions, a showing of practical difficulties new hearing because university employee . `' ,,,,,,:t. ,:till be made to warrant the granting of participated as cocomplainant in violation of ,1n area variance. There is no discernible University Student Code. ,ween- p: erning -- difference between the requirements set :6. Affirmed. deeid- r' forth in Town Law § 267-b(3)(b) and those nd re- :: of the practical difficulty standard (see, Mat- ndard. = ter of Sasso v. Osgood, 206 A.D.2d 837, 614 1. 3(b). N.Y.S.2d 660; Matter of O'Keefe v. Donovan, 1. Colleges and Universities <==9.30(7) 199 A.D.2d 681, 605 N.Y.S.2d 150; :Platter of .4 Constitutional Law 278.5(7) Vibledi v. Roth, 192 A.D.2d 662, 597 N.Y.S.2d 0 etition- Ali; see also, Matter of Clowry v. Town of University students were not denied due _ .'•:.rli11Yb 202 A.D.2d 663, 609 N.Y.S.2d 299). process at disciplinary hearing, where they ,.. any event, upon our review of the record had names of witnesses against them, oppor- ;torney, X we End that the respondents' determination respon- P tursty to present defense, results and finding „iicomports with the statutory standards of the of hearing, and right to advisor; due process .;x, Town Law. did not require university to provide students ER, ' •1- We have reviewed the petitioners' remain- with legal representation at disciplinary ` ing contentions and find them to be without hearing. U.S.C.A. Const.Amends. 5, 14. .„ merit. RT. -'5:--ku- 2. Constitutional Law x278.5(7) ;;,y., w cle 78 to f' O 5 KEY NUMBER SYSTEM ;pondent,ti,,.:;r ;, r Due process requires that university stu-. 'f ` dents at disciplinary hearing be given names 'ip, dated-- ;, denied""'.` ` of witnesses against them, opportunity to ` 215 A.D.2d 481 present defense, and results and finding of of four In the Matter of Jeffrey GRUEN, hearing. U.S.C.A. Const.Amends. 5, 14. 'f4tt ': -1 Respondent, m Zation isa 3. Administrative Law and Procedure 5 ' , v. pissed on -, ;., j- Paul W. CHASE, etc., et al., Appellants Colleges and Universities «9.30(7) ` , . .• (Proceeding No. 1). Supren1g State Administrative Procedure Act did .roceedirn �' !:, In the Matter of Leonard CORDOBA, not apply to university disciplinary proceed- • ring it tA: Respondent, ' ings, where there was no statute requiring 267-c[41 `' - v, those proceedings to be on record. McKie- ,e 'case 4' Paul W. CHASE, etc., et al, Appellants ney's, State Administrative Procedure Act I econo''i `;c. (Proceeding No. 2). § 102, subd. 3. 3d. of'�°`` - Supreme Court,Appellate Division, 4. Administrative Law and Procedure a5 • S'2d• 1`9, Second Department. :,-;,,,,,t... � ' State Administrative Procedure Act is M1May 8, 1995. ' applicable solely to adjudicatory proceedings nation,., '. ..' is 4., 'a, _required by law to be made on record. Upon A. university students brought Article 78 McKinney's State Administrative Procedure s' v" ;: , Proceeding to review determination of state Act § 102, subd. 3. fence ':r:` t' a rya is 784 629 NEW YORK SUPPLEMENT, 2d SERIES ' incredible as matter of law and, thus, evi- Martin v. Adduci, 138 A.D.2d 599. -,• ' ,.. dence was sufficient to sustain burdening of N.Y.S.2d 181, supra; Matter of Ko i,,, ► - �, proving guilt by clear and convincing evi- State of New York Dept. of Motor j•eli ; t rc ► dence. McKinney's Vehicle and Traffic Law 134 A.D.2d 595, 521 N.Y.S.2d 494). § 1180(d). , ''`= We have reviewed the petitioner's remain- ,.. F ing contentions and find them to be without :..-'r Leonard B. Isaacs, Valley Stream, for peti- merit. . tioner. Dennis C. Vacco, Atty. Gen., New York E O s KEY NUMBER SYSTEM City (Harvey M. Berman and Kay—Ann D. T • Porter, of counsel), for respondent. , Before MILLER, J.P., and ALTMAN, i GOLDSTEIN and FLORIO, JJ. MEMORANDUM BY THE COURT. 217 A.D.2d 632 Proceeding pursuant to CPLR article 78 to In the Matter of Karl H. SEUMENICHT, review a determination of the respondent Respondent, New York State Department of Motor Vehi- v. cies dated April 25, 1994, which sustained the , ZONING BOARD OF APPEALS OF finding of an Administrative Law Judge that the petitioner had violated Vehicle and Traf- the CITY OF RYE, Appellant. ,s fic Law § 1180(d), imposed a fine of $350, Supreme Court, Appellate Division, and revoked her New York State driver's Second Department. license. %; ADJUDGED that the determination is July 17, 1995. confirmed and the proceeding is dismissed. • on the merits. with costs. ; Applicant sought review of denial of are;, x The determination that the Petitioner \-lo- variance for deck and pool. The Supe••,t lated Vehicle and Traffic Law § 1180(d) is Court, Westchester County, Murphy, J.. , supported by substantial evidence on the rec- granted the petition, and zoning board of ord and therefore must be confirmed (see, appeals appealed. The Supreme Court, ?.p•. . Matter of Martin v. Adduci, 138 A.D.2d 599, pellate Division, held that: (1) denial of van- 526 N.Y.S.2d 181). The ticketing police offi- ance for deck and pool which were built cer testified, properly referring to his notes without building permit was not illegal, arbi- (see, People v. Klepper, 25 N.Y.2d 46, 302 trary, or abuse of discretion; (2) applicant ' N.Y.S.2d 555, 250 N.E.2d 51), that based who had occupied single-family residence for upon his training and expertise. he estimated 30 years could not meet burden of pro,:'. ? the petitioner's speed at 50 miles per hour in that he could not utilize property With"_:: } a posted 30—mile—per—hour zone (see, People coming into conflict with zoning restriction:,: v. Olsen, 22 N.Y.2d 230, 292 N.Y.S.2d 420, and (3) applicant's health needs did not es- 239 N.E.2d 354; People v. Praete, i44 tablish practical difficulties where pool could, Misc.2d 801, 545 N.Y.S.2d 499, affd. 150 be placed elsewhere on property. Misc.2d 389, 575 N.Y.S.2d 623) and that this Judgment reversed and determination visual estimate was verified by radar. The confirmed. officer's testimony was not incredible as a ►' matter of law and was thus sufficient to sustain the respondent's burden of proving 1. Zoning and Planning c=.48S, 607 :_y the petitioner's guilt by clear and convincing, Zoning boards have broad discretion in ' evidence (see, Matter of Miranda v. Adduci, considering applications for variances, and 172 A.D.2d 526, 567 N.Y.S.2d 869; Matter of judicial review is limited to determining 4: EXHIBIT "C_ ' r g) *,,.{s: ,'- Cite as 629 N.Y.S.2d 784 (A.D.2 Dept. 1995)~ J �� 1 " , lihether action taken by board is illegal, arbi-• The petitioner, Karl H. Seumenicht, had a .Hx{,sou �+" , vary, or abuse of discretion. deck and above-ground pool constructed on ' his property without obtaining a building Zoning and Planning 503,!4Y.rt''". permit. As the deck and pool substantially Denial of variance for deck and pool ). `" iencroached on rear and sideyarcl setback re- 1 %,;uca were built without building permit and i:lcil encroached on rear and sideyarcl set- quirements of the applicable zoning orcii- rack requirements was not illegal, arbitrary, nance, the petitioner applied for an-area vagi- or abuse of discretion. ance. The appellant Zoning Board denied his application on the ground that he failed to ' 3 Zoning and Planning x493 establish practical difficulties. The Supreme ' Applicant for area variance had burden Court annulled that determination and grant- of proving that, as practical matter, he could ed the variance subject to certain conditions !i( t utilize property without coming into con- set forth in a dissenting decision by one of ., :1ict with zoning restrictions. the Zoning Board members. We now re- 4, 4. Zoning and Planning c=>503verse. iY Applicant who had occupied single-fami- [1, 2] It is well settled that zoning boards z !y residence for 30 years and who sought have broad discretion in considering applica- . area variance for deck and swimming pool tions for variances and that judicial review is . could not meet burden of proving that, as ew ' � limited to determining whether the action practical matter, he could not utilize property • �;r'lout coming into conflict « th zoning 1e_ taken by the board is illegal, arbitrary, or an ,it•:ctions. abuse of discretion (see, Matter. of Fu;ist c. Foley, 45 N.Y.2c1 441, 410 N.Y.S.2d 56, 382 5. Zoning and Planning x503 N.E.2d 756; Conley r. Town of Brookhaven Applicant's health needs did not estab- lish Zoning Bd. of Appeals, 40 N.Y.2d 309, 386 practical difficulties warranting area var- N.Y.S.2d 681, 353 N.E.2d 594). Although the iance for swimming pool where pool could be Zoning Board might t have exercised its dis • - h placed elsewhere on property «Zthin setback cretion to grant the variance, we cannot say restrictions, albeit on smaller scale. that its determination to deny the variance was illegal, arbitrary, or an abuse of discre- tion. 'r Richard M. Gardella, Corp. Counsel, Rye, ' for appellant. [3-5] The petitioner had the burden of establishing that, as a practical matter, he ' Before SULLIVAN, J.P., and O'BRIEN, could not utilize his property without coming { THOMPSON and SANTUCCI, JJ. into conflict with zoning restrictions (see, i 1 MEMORANDUM BY THE COURT. Matter of Fuhst v. Foley, supra). The peti- tioner failed to meet that burden as he had In a proceeding pursuant to CPLR article occupied a single-family residence on the ;;` to review a determination of the Zoning property for over 30 years (see, e.g., Matter Board of Appeals of the City of Rye, dated of Fuhst v. Foley, supra; Matter of Slakoff v. ! ' .lane 10, 1993, which denied the petitioner's Hitchcock, 194 A.D.2d 613, 599 N.Y.S.2d 63; application for an area variance, the appeal is Matter of Bienstock v. Zoning Bd. of Appeals •;;;,,-, fom a judgment of the Supreme Court, Westchesterof Town of E. Hampton, 187 A.D.2d a'78, 589 I. ..N4-', -,,s..F ^ County (Murphy, J.), entered N.Y S.2d 1004). Moreover, it was not irra- December>; December 14, 1993, which anted the eti- '` tion p tional or an abuse of discretion for the Zon- es - , annulled the determination, and granted ing Board to conclude that this was not one r ,t. r,:r �-. the petitioner a variance. i =F of those rare circumstances where a resi- ! f ;_.:r ORDERED that the judgment is reversed, dent's ,.bxc,,;,:.;�: health problems constituted practical on the law, with costs, the determination is difficulties (see, Matter of Fuhst v. Foley, �` Y.,` '. "'ntu med and the proceeding is dismissed on supra) • ,the p g p ), particularly as it appeared that the "' . merits. pool could be relocated on the property with- (!I 786 629 NEW YORK SUPPLEMENT, 2d SERIES A.°r in the setback restrictions, albeit on a was insured by another insurer, burden n( --.•. smaller scale. proof then shifted to other insurer, as part‘ • -•, N seeking to disclaim coverage, to demonstrate •= W that it had cancelled offending vehicle's in- '' 0 T KEY NUMBER SYSTEM surance policy prior to accident. ":..3,4. • .' L' , li 3. Insurance x578 {`y ~ Because automobile insurer '' " as part} .:..�,. seeking to disclaim coverage, failed to dem- ` r:• 1 - a�z is 217 A.D.2d 633 onstrate that it had cancelled vehicle's insur- "- ance policy prior to accident, petition perm :t- ! the Matter of STATE FARM MU- pc i.,t;t- • TUAL AUTOMOBILE INSURANCE nently staying arbitration of uninsured nt(�. `<-;- i COMPANY, Petitioner—Respondent, torist (UIM) claim was properly granted. :_ '._' 1 v. Lori KANTER, et al, Respondents. Debra A. DiCicco, Brooklyn (A. Paul Gold blum, of counsel), for appellant. "_ ' 't2' e Liberty Mutual Insurance Martin, Fallon & Mulle, Huntington (Lay- C Company, Appellant. ry M. Shaw, on the brief), for petitioner- respondent. Supreme Court, Appellate Division, Second Department. Sweetbaum & Sweetbaum, Lake Success ' (Marshall D. Sweetbaum, of counsel), for re- July 17, 1995. spondent Allstate Ins. Co. Before MILLER, J.P., and ALTMAN, • In proceeding to stay arbitration of GOLDSTEIN and FLORIO, JJ. uninsured motorist (UIM) claim, automobile Y- i. insurer appealed from judgment of the Su- MEMORANDUM BY THE COURT. preme Court, Nassau County, Trainor, J., In a proceeding pursuant to CPLR article granting petition to stay arbitration. The 75 to stay arbitration of an uninsured ntv,t.,' • - Supreme Court. Appellate Division, held ist claim. Liberty Mutual Insurance Collin-, that, because insurer, as party seeking to ny appeals from a judgment of the Supreme disclaim coverage, failed to demonstrate that Court, Nassau County (Trainor, R.), dated it had cancelled vehicle's insurer prior to March 7, 1994, which, after a hearing, grant accident, referee properly granted petition ed the petition. permanently staving arbitration of UIM '- ' claim. ORDERED that the judgment is affirmed. -_ with costs. . ,. .r_ Affirmed. _ [1] The Referee properly determined that Liberty Mutual Insurance Contl):lr.} 1. Insurance x578 (hereinafter Liberty Mutual) had insured thr In proceeding to stay arbitration of motor vehicle that had struck Lori Kanter, • uninsured motorist (UIM) claim, automobile motor vehicle. At the hearing, the petition.- insurer met its burden of proving that of- � } er, State Farm Mutual Automobile Insurance fending vehicle was insured by another insur- Company, met its burden of proving that the pro- er by producing certified copy of vehicle's offending vehicle was insured by Liberty ".T13- '' registration record indicating that it was in- tual by producing a certified copy of -le sured by the other insurer. vehicle's registration record which i''T1li`•: '••. '~ that it was insured by Liberty Mutual as 0: s,,: tti, , C 2. Insurance «578 April 30, 1986 (see, Matter of State Fa''"' In proceedingto stay arbitration of Mut. Auto. Ins. Co. v. Fenelon, 202 A.D.2d `'' a- uninsured motorist (UIM) claim, after auto- 436, 608 N.Y.S.2d 709; Matter of Eagle Ii�` �°'t' f . mobile insurer proved that offending vehicle Co. v. Tichanan, 185 A.D.2d 884, 5- i . t� • • MEMORANDUM SUPREME COURT . SUFFOLK COUNTY IAS PART X In the Matter of the Applicatin of: BY : DANIEL F. LUCIANO, J . S. C. ' DAVID WALENTAS, Petitioner, DATED (71A5 ] 1989 For a Judgment pursuant to Article : ' 78 of the Civil Practice Law and INDEX NO. -241g—"-- Rules MOTION DA 3/ -against- CALENDAR DATE 4/17/89 • GDISPSJ ELISE KORMAN , KEVIN GUIDERA, REV. : MARVIN DOZIER, HARRY MARMION and RONALD HILL , constituting the Zoning Board of Appeals of the Village of Southampton , Respondents . . BENNETT & O'SHEA , ESQS . DAVID J. GILMARTIN, ESQ. Attorneys for Petitioner /Attorney for Respondents 212 Windmill Lane 320 Hampton Road Southampton , New York 11968 Post Office Drawer WWW Southampton, New York 11968 This is an Article 78 proceeding commenced by the petitioner, David Walentas , seeking a judgment "annulling and setting aside that part of a determination dated January 19 , 1989 of the Respondents , which denied an area variance Petitioner requested, on the grounds that the Respondents ' action was illegal, unconstitutional,* arbitrary , capricious , discriminatory, and constituted an abuse of discretion and commanding the Respondents , SOUTHAMPTON VILLAGE.,ZONING BOARD OF APPEALS, to issue Petitioner's requested variance. ..'. The variance sought by the petitioner, David Walentas , is relief from sections 116-9(A) ( 11) (a) and 116-4(D) of the Southampton Code in order to permit him to build a tennis court on his residential property . The subject property is a corner lot , thus fronting on two streets . The petitioner, David Walentas, proposes to place his tennis court in one of his two front yards and as close as * No argument is offered in support of the contention that the subject determination of the respondent, Zoning Board , is unconstitutional and, thus , denial of the relief requested herein on constitutional grounds is summarily denied . ra �`P % ..--, o GE' 2 - 'WALENTAS V. ZONING INDEX NO. 89/2479 ten feet from the fronting street . Section 116-9(A) ( 11 ) (a ) of the Southampton Code requires that ' i a tennis court be "installed in the rear yard or a side yard of Fremises" . Pursuant to section 116-4(D) of the Southampton Code (;which incorporates by reference the Southampton Codes- Residence L'istricts Table of Dimensional Regulations) a tennis court (which d :fined as a. structure in section 116-9(A) (11 ) of the Southampton is .Cpde) must be located at least ninety feet from the street. The petitioner, David Walentas , asserts that in order to. The • .c 'nform with the Code requirements it would be necessary for him to r •move several large trees located on his property and to relocate t :o cesspools and his septic system at a considerable expense. He farther asserts that an existing hedge will block the view of the p 'oposed tennis court from the street. In addition, he contends that o her properties in the vicinity have tennis courts including one w th a tennis court in a front yard as close -to the street as that w'.ich he proposes . Moreover„ he notes that his closest neighbor, w ose residence is situated on a narrow, non-conforming lot, has i dicated his preference for the proposed location as opposed to a f ily conforming location since the tennis court is further from his r• sidence as proposed . In denying the variance application the respondent, Zoning B ard , observed that variances from the Code requirements for the 1• cation of tennis courts are "all but invariably denied by this B ard" due to their appearance and the noise which they generate . T} e respondent, Zoning Board , further stated that " [a]s we view the property, it appears that a tennis court may be constructed in a c' nforming location , i . e.. to the rear of the existing dwelling. , C' rtainly , it may be constructed in a more conforming location than s! ggested by this application" . Moreover, the respondent Zoning B( :trd concluded that "it should be notedthat a tennis court is not ri :essary for the use of the property as a residence . In fact, it is Tewhat of a ' luxury.-. " Among the standards which the Southampton Code directs the rf .;pondent, Zoning Board , to apply in considering a variance a1olication is that "such variance is the minimum variance that will rrlieve such practical difficulties or unnecessary hardships . " ( :. duthampton Code section 116-27 (C) (2) . ) As observed in 2 Anderson , New York Zoning Law and Practice ( 1 iird edition) , section 23 . 68 provisions in zoning ordinances so liniting a Zoning Board 's power do "not appear to have undergone » frequent judicial construction in New York. " Nevertheless , Professor Rc •)ert M . Anderson concludes that "[i]t seems clear that the 'linitation adds an element to the case of the applicant. " It is also worthy of note that when, at the October 27 , 1988 hearing of the his application the petitioner, David Walentas , as _erted that there was , across the street, a front yard tennis court- - tei feet from the street, it was observed by the respondent, Zoning i E 3 - WALENTAS V. ZONING01/ INDEX N0. 89/2479 Board member Kevin Guiders, that construction of that tennis court preceded the applicable Southampton Code provisions . The respondent, Zoning Board , chairman thereupon stated: "I think you should note , historically, the reason we passed laws is when we see such abuses , or' something so unattractive , or found so unattractive by people in authority, they pass laws so that it doesn't happen again. And when they saw front, tennis courts going into front yards , that's what percipitated °!" (sic) this . " Clearly, this was an application for an area variance rather than . use variance thereby requiring only the proof of practical difficulties rather than unnecessary hardship. (E.g. , Village of Bronxville v . Francis , 1 A .D. 2d 236 , aff'd , 1 N.Y. 2d 839 ; 2 Anderson , surra section 23 . 33 . ) Nevertheless , the Court concludes that the determination of th'- respondent, Zoning Board , denying this variance application should be sustained . At the hearing of the application the respondent, Zoning Board, raised the possibility of minimizing the variance sought by.shortening tt, - length of the proposed tennis court. It was noted at the hearing by the respondent, Zoning Board member Kevin Guidera , and the chairman that "quite a few tennis courts in the past had been shortened from a standard 120 foot length to 110 feet . " As this has not been refuted as one available option it appears that for the respondent, Zoning Board , to grant the variance as sought would be to grant the variance without a determination that it would be the minimum variance necessary to relieve the existing practical difficulties . Notwithstanding that the respondent, Zoning Board, might have granted the requested variance conditioned on the shortening of the tenni court and an additional ten foot setback from the street, the fact remain that the variance sought , even as so modified , is a substantial one . Further, the finding that the tennis court is not necessary for t- use of the property (which enjoys the benefit of a deck and swimming poo and is "somewhat of a ' luxury'" reflects another reason for denial of th' variance sought. Rather than establishing the "practical difficulties" upon which the petitioner, David Walentas , seeks to rely he has merely made a showing of personal convenience . (see Fuhst v . Foley, 57 A .D. 2d 956 , aff'd, 45 N.Y. 2d 441 ; D'Aurio v. Board of Zoning Appeals of the Towt of Colonie . Albany County, 92 Misc. 2d 898 . ) This showing is insufficienA to support a judgment setting aside the determination of the respondent, Zoning Board . ' The respondent , Zoning board , is entitled to a judgment affirming its determination denying the petitioner's , David Walentas , application for an area variance and dismissing the petition on the merits . Settle judgment. ., J. S .C. :lr; ASSOCIATES,,,.../...2„ .._. _ ._... PGIVEN piy- �d 'p,/7,66 REAL ESTATE APPRAISERS AND CONSULTANTS October 13, 2000 Anthony B. Tohill, Esq. • Attorney's at Law 12 First Street P.O. Box 1330 Riverhead, NY 11901-0903 Via Fax:631-727-6336 Re: Variance Application of Cashy and Misthos Dear Mr. Tohill: I As per your request, I have visited the property which is the subject of the above variance application for the purpose of addressing the impact, if any, from a valuation standpoint on the property abutting on the west owned by Diane Ravitch and Mary Butz. Based upon this visit and from my research of the material you have supplied, which included the minutes from the initial hearing on this variance application, conclude that the proposed construction of a 4 - 5 foot high retaining wall near the westerly border of the subject property and the construction of a swimming pool, hot tub and surrounding brick patio will have a negative affect on the value of the Ravitch - Butz property. . The existing house owned by Cashy - Misthos has a substantially higher elevation than the Ravitch - Butz house by virtue of the sloping topography in this area; however, it is set back an estimated 30 feet from the rear line of the Ravitch - Butz house. The house also has a 13' deep first floor deck which comes within an estimated 17' of the rear of the Ravitch - Butz house and the proposed construction will bring an active use area an estimated 13' beyond the rear line of the Ravitch - Butz house. This active use area (pool, hot tub, and patio) will be elevated at least 4 -5' and possibly more above property grade and as the property is sloping to the west the result will be that the patio level will be at least 5 -6' higher than the easterly line of the Ravitch - Butz property. When you add to this patio level the height of an average human you can see that people using the patio, hot tub and pool will be 10 -12' above the easterly line of the Ravitch - Butz property. This elevation will lead to a significant increase in noise and a significant decrease in privacy for the abutting property, factors which will have a negative influence on value. BOX 5305 , 550 ROUTE 111 , HAUPPAUGE , NY 11788 ( 631 ) 360 - 3474 FAX ( 631 ) 360 - 3622 www g i v e n a s s o c i a t e s . c o m a +.. y- 1 Anthony Tohill October 13, 2000 The Ravitch - Butz house has been at its current location for more than 75 years and it is currently very close to the top of the bluff and any construction on a nearby parcel that would have the potential to disturb the bluff in any way would be of great concern as there is little, if any, margin of safety around the Ravitch - Butz house. It is difficult to predict market reaction to these concerns, however, based upon my experience I conclude that the potential effect on the value of the Ravitch - Butz property could be in excess,of 10%. Should you have any questions or would like to discuss this matter further please call me. Thank you for this opportunity to serve you. Sincerely, Patrick A. Given, SRPA NYS Certified General Real Estate Appraiser#46-704 • rGIVEN ASSOCIATES r { -_ 4/7"1‘-/ 4/1. APPRAISER'S QUALIFICATIONS pS pi' PATRICK A. GIVEN, SRPA _ ii ' i 1111107) DESIGNATIONS: SRPA/Appraisal Institute CSA-G/Columbia Society of Real Estate Appraisers MEMBER: Senior member of the Long Island Chapter of the Appraisal Institute; Senior member and Past Governor of Columbia Society of Real Estate Appraisers; New York State Society of Real Estate Appraisers; National Association of Real Estate Boards; New York State Association of Real Estate Boards; Long Island Board of Realtors EDUCATION: A.A.S. - Suffolk County Community College; • B.B.A. - Hofstra University; Society of Real Estate Appraisers; Course 101, Introduction to Real Estate Appraising W 4 Course 201, Income Property Valuation Course 202, Applied Income Property Appraising Standards of Professional Practice Columbia Society of Real Estate Appraisers; Course I and II Attended numerous seminars and lectures on real estate appraising rGIVEN ASS OCIAISS APPRAISER'S QUALIFICATIONS (CONTINUED) PATRICK A. GIVEN, SRPA STATE CERTIFICATION: Patrick A. Given has been certified as a General Real Estate Appraiser by the State of New York, Certificate #46000000704 EXPERIENCE: Patrick A. Given is a real estate appraiser and consultant and is the owner of Given Associates, 550 Route 111, Hauppauge, New York 11788. He has been active in the real estate and appraisal field for more than twenty five years. Licensed real estate broker. Past Chairman of Town of Smithtown's Board of Assessment Review. Has lectured on real estate appraising at Stony Brook University and Hofstra University. Has prepared appraisals for the Federal Government, State of New York (various agencies), County of Suffolk, Town of Smithtown, Town of Islip, Town of Babylon, Town of Southampton, Town of Southold, Town of East Hampton, Town of Brookhaven, Suffolk County Water Authority, Incorporated Villages, banks, corporations, attorneys, estates, school districts and individuals. These appraisals have included all forms of real estate, such as residential, commercial, industrial and leaseholds. Has testified as an expert in real estate values in the Federal District Court, Supreme Court of New York(both Nassau and Suffolk Counties)and New York State Court of Claims. Has been tested and qualified as a fee appraiser by the State of New York. rGIVEN ASSOCIATES REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Automated Data Processing CSW Associates Inc. . Ahern, William F., Esq. Deer Park Fire Department Associates & Ferren DeNicola, Eugene L., Esq. Associates Relocation Company Devitt, Spellman, Barrett, Calahan, Attonito and Schoepelin DiCanio Organization Bank of New England Dime Savings Bank Bank of Great Neck DL Rothberg &Associates pc Bank of Smithtown Dowling College Bankers Trust Company East Hampton Housing Authority Bausch & Lomb Eghrari, Mark, Esq. Better Homes & Gardens Relocation Eichinger, Charles, Esq. Bivona, John, Esq. Empire of America Relocation Blydenburg, Donald, Esq. Environmental Conservation Boatmen's Relocation Management Episcopal Health Services Bracken and Margolin Erwin, John, Esq. Brown-Forman Corporation Executive Relocation Busch Properties Express Financial Services Byron Reed Transequity Extebank Cahill, Gordon & Reindel Exxon Corp. Cahn Wishod & Lamb Farber Estates Campbell & Miller Farmingville Fire District Castle Auto Parts Figgie International Cendant Mobility First Mortgage Network Charwat, Mark S., Esq First National Bank of Maryland Chase Bank of Texas. First Pioneer Farm Credit Chase Lincoln First Bank Fishers Island Garbage & Chase Mortgage Corp. Refuse District Chemical Bank Geico Insurance Chicago Title Insurance General Foods Circuit City Stores Genesis Relocation Cohen & Warren Glynn & Mercep Co!dwell Banker Relocation Goldstar Credit Corporation Commack Public Library Grumman Corporation Commack Medical Associates Grundfast, Michael Esq. Commonwealth Relocation Guide Dog Foundation Corporate Relocation Management Inc. Haring, J. Christopher, Esq. County of Suffolk Department of Public Hauppauge Fire District Works Hebrew Academy County of Suffolk Department of Law Hirsch Fuels, Inc. County of Suffolk Planning Department Historic Preservation County of Suffolk Real Estate Division Home Insurance rGIVEN ASSOCIATES _4 - REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Homequity Nesconset Fire District Hunter Turbo Corp. New York State Department of Huntington Community First Aid Transportation Insurance Auto Auctions New York State Parks, Recreation and Intelicom US Inc. Historic Preservation Island Resources Foundation New York State Office of Mental Kane, Mary F., Esq. Retardation & Development Disabilities Kasper Properties New York State Attorney General's Kennedy, Bruce, Esq. Office Key Bank New York State Department of King, Donald, Esq. Environmental Conservation Kings Park School District New York State Dormitory Authority Klein, John V.N., Esq. New York State Facilities Development Kodak Corporation Kraft Foods N.J. Trust Company Lamb & Bamosky Nixon Hargrave Lawrence Aviation North Suffolk Medical Association Legacy North County Realty L.I. Adolescent & Family Services North Fork Bank Leyden & Kenney North Shore Surgi-Center Lite, Russell &Acocella Northville Industries Corp. Long Island Lighting Company NYNEX Long Island Savings Bank P.H.H. Homequity Loral Information Display Systems Pacific Ventures Mattimore, Timothy J., Esq. Pall Corporation McCarville Ford Peconic Bank McDonald's Corporation Peconic Land Trust Inc. Meyer, Suozzi, English & Klein Petersen, Charles, Esq. Michigan National Bank Pinks, Arbeit & Nemeth Miller Place School District Pinnacle Group Miteq Inc. Pistell, Joseph, Esq. Molloy, Kevin, Esq. Post-Morrow Foundation Morgan Guaranty Trust Company Prudential Relocation Morris & McVeigh Quantuck Beach Club Inc. Moses & Singer, LLP Racanelli Associates National City Bank Raisman & Gerardi National Park Service Ralph Oldsmobile National Residential Inc. Rand Consulting Group Inc. National Equity Inc. Real Property Service Bureau Nations Credit Relocation Group Nature Conservancy Resolution Trust Corporation GIVEN ' ASSOCIATES REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Resource Asset Management Inc. Tower Financial Retardation and Development Town of Babylon Disabilities Town of East Hampton Robins Island Holdings Town of Islip Rocky Point Fire District Town of Riverhead Rosenberg, Jules H., Esq. Town of Smithtown Sabatino, Paul, II, Esq. Town of Southampton St. Christopher-Ottilie Town of Southold St. Georges Golf& Country Club Trac Inc. Salvation Army Trans Equity Relocation Sarisohn, Floyd, Esq. Travelers Relocation Sause, Richard, Esq. TRFCA Relocation Schaefer Agency Inc. Trimarco, Vincent, Esq. Schechter, Schechter, Kenney & Rock Trust for Public Land Scheyer& Jellenik Twomey Latham Shea & Kelley Seaman Fuels TYCO Systems Sgroi, Sandra, Esq. U.S. Department of Agriculture Simon Properties U.S. Department of the Interior; Skadden, Arps, Slate, Meagher& Flom National Park Service Small, Stephen J., Esq. U.S. Attorney's Office Smithaven Dodge U.S. Postal Service Smithtown Fire District U.S. Relocation Services Inc. Smithtown Historical Society Union Chelsea Bank Society of St. Johnland United Guardian Inc. Source Financial Mortgage Valuation Administrators South Fork Broadcasting Village of Amityville • Sovereign Bank Village of Head of the Harbor S.P.L.I.A. Village of Islandia Stamen Building Materials Village of Lake Grove S.T.A.R.S. Village of Patchogue State University of New York Village of Quogue State Bank of Long Island Village of Sag Harbor Storybook Homes Village of Greenport Stuart, Susan D., Esq. Village of the Branch Suffolk County Sewer District#10 Village of Saltaire Suffolk County Water Authority W. A. Baum & Company Suffolk Marketing Weichert Relocation Company Symbol Technologies Inc. Walsh, Michael G., Esq. Texaco Wertz, Robert C., Esq. Thurm & Heller Western Relocation Management Tohill, Antony, Esq. Zummo, Richard, Esq. CGIVEN ASSOCIATES bego S2 CASHY / MISTHOS PROPERTY SOUTHOLD, NEW YORK REVIEW OF SITE DRAINAGE AND INSTALLATION OF POOL, SPA & PATIO AREA STEVEN L. MARESCA CONSULTING ENGINEER 188-07 W. MONTAUK HIGHWAY • HAMPTON BAYS, NY 11946 • (516)728-9480 • FAX(516)728-9484 October 18, 2000 • • ,. , . L 1 ,,, 1, 1""l . _ i6ARA4E . . HOUSE _•-________ DECK ` ` I LO cg7nat-1 54 - d 1 p�`1 W EL L 51NC+I.E STORY �L JVWLI�JJ SECTION OP HOUSE PROPOSED V POOL . /' A — — — �- / ---\ SPA 1g 54 l 52 DECK �~ 50 45-�_j---- • 44-- — TOP O VP 42—----- —35 40 —36 .ASHY/M I STHOS RAV I TGH/BLITZ PROPERTY PROPERTY SJTL LAI'QUT SCALE I " = 30' BEBE - ' --_-" - --. ‘ i . --- - W d p LU = O — CC w _ j3 . CASHY/MISTHOS RESIDENCE Z g } "'!w_ PROPOSED SPA • F— - d. J m � 'J 2 story frame structure oz . EL 54.0 I PROPOSED RETAINING 8 m _ WALL • Cf)PATIO EL. 50.0 v EXISTING DECK ELEV 50.0 RAVITCH/BUTZ -/ EL. 47.0 ;I RESIDENCE - STONE WALL .. ..• cc. 1 r - w!W • proposed 1� o_ z ool p EL 41.0 0,- 1 , t bedroom area EL. 36.0 �.-7- EL. 3/ 0 FIN. PLR. EL 36.5 /1. EL. 35.0 •baSTING DRYWEt_L.--7 basement '= ~ w CC w — . 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';',./• ...1.'.5?,,;;:* :...;:.),''',,'. .• 1...' ‘,.•-•''.‘'•,'..,:„:1,... .,..•,,,,,, ''',.,..5:4,7,..: i,,i-,,,,.,,,,1 .-.. „.-4 4,4%,,,,,,,,v.,N,-..._.,-..",-,...% •••,, ......... .-, .,,,.. „ .. . .... .- . View of a drain located in the rear of the Cashy/Misthos property. This drain presently catches some of the water runoff from the Cashy/Misthos property. The new patio and retaining structure will impede the flow of water to this drain. • F y ti, r+ •,` . ,,,• is w3 i s •-aA1� a*ma.31 k t d.. ' 0,7 �✓ 4 _..s t �� 'ems£ ... t c,."s < :` ,. • �, s � X t Sk vl' --ii, ��'.,er ,1, -i cif, - a...• E + ',I � ••Y t .1- 7' .11!, 3'-' ',Vt #-• iii t . r,f.' may,T 3 a;,,,.‘"t,„, '4..' �S' 'y1 S armo r4. i k� ', ''''. 4.-%,S.'"•,:.- '.41--,_ .."-11;LIM*--- .,-..-- zfre- .::."`-'.••;";'I‘'`it-'t'-`*--.41ePr• •.v.." 7 r 3.a 4 ;�..'b+�'v.,,}sr,'M� t .rte-w nor t +a ''-.N.4:-.N.;. + r e 'iY` 7 t'P } �.} - i r ,ft i ,.ns.. !-s ,1+`^.✓ "'"y x i aaw;ry : ,- w + , r -A a s R� .1 M "+'. , h s+ .sit' J 3 • • CT:.'.'. tY .`.mit`w A- •- '�. View of water erosion at the front of the Cashy/Misthos property. This soil erosion is below the front deck of the house. This is indicative of the quantity of water running from the front yard to the west side of the rear yard. The runoff of the front yard and driveway is not being controlled. it will overcome the capacity of any drywells in the rear of the property. . . JOB CO Sl`+C ( 1 /( I S. 11402 SHEET NO OF CALCULATED BY DATE �/� CHECKED BY DATE SCALE C�Z7A-'I a ( (A 6 0() Y1t4 i TF;(`(--( 1.--/FT-A- R... - F.-( I (--I-i? , L-,A01-4-i- 9 A1.. �r` 1-f4 V2OL --IuG T6--PPA, r r, /o ,.fit f�(0 3 F-r70(L-rte too bs--) /,z @,3c) - 1-13s F- [ , ( OD (g°) 62-7_) L , 37) i200 F" 100 % 1 �-r- 0 rC + ie10 6o)2 (t a `I s® 14 (6z) 742_ 66 ' 0 &0) (?A2) C. ��) " i22_ l Fb2 e1 Wit? r <� IAC �. -- PR-trlc. \(_ Co , 7747 4r. /)4`7 ( 1?;5564, ( c -7 - s t)Erir 1 , OF A. ' I (t)FT- 1 M CL A t '__ A. STORM WATER DRAINAGE DESIGN CRITERIA - All storm water collection systems shall be designed in ac- cordance with the following minimum standards and shall be submitted on design sheets to be reviewed by the Village Engineer. (1) Rational Method: (a) Q = AcI Q = Discharge in cubic feet per second (c. f. s. ) A = Tributary drainage area in acres within the subdivision and shall include areas outside the subdivision c = Coefficient of runoff of drainage area The following values of "c" 'shall be used: Type of Surface Flat Rolling Roofs 1.00 Concrete or Asphalt Pavement 0.90 1.00 Bituminous Macadam 0.70 0.90 Gravel 0. 25 0. 70 Lawn Areas 0.10 0. 35 Wooded Areas 0.10 0. 20 Rural Districts 0.10 0. 25 Parks, Golf Courses, etc. 0.10 • 0. 35 Agricultural Areas 0. 20 0.60 (b) "I" , the rainfall intensity in inches per hour, shall be determined by the following formula: I = 120 t + 20 where "t" is the time of concentration in minutes at the point of design. • (2) Closed conduits and open channels shall be designed using Mannings Formula: (a) V = 1.486 x R 2/3 x S 1/2 Where: V = velocity in feet per second R = hydraulic radius in feet S = Slope in ft./ft. The slope (S) shall generally be considered to be the slope of the pipe invert except that such slope shall be checked against the available hy- draulic gradient wherever the system dis- charges against an existing hydraulic head. - 1 - '. ob Wm° U' Iol�q APPRAISER'S QUALIFICATIONS PATRICK A. GIVEN, SRPA DESIGNATIONS: SRPA/Appraisal Institute CSA-G/Columbia Society of Real Estate Appraisers MEMBER: Senior member of the Long Island Chapter of the Appraisal Institute; Senior member and Past Governor of Columbia Society of Real Estate Appraisers; New York State Society of Real Estate Appraisers; National Association of Real Estate Boards; New York State Association of Real Estate Boards; Long Island Board of Realtors EDUCATION: A A.S. - Suffolk County Community College; B.B.A. - Hofstra University; Society of Real Estate Appraisers; Course 101, Introduction to Real Estate Appraising Course 201, Income Property Valuation Course 202, Applied Income Property Appraising Standards of Professional Practice Columbia Society of Real Estate Appraisers; Course I and II Attended numerous seminars and lectures on real estate appraising PGIVEN A : 5 0 C I A T : 0 APPRAISER'S QUALIFICATIONS (CONTINUED) PATRICK A. GIVEN, SRPA STATE CERTIFICATION: Patrick A. Given has been certified as a General Real Estate Appraiser by the State of New York, Certificate #46000000704 EXPERIENCE: Patrick A. Given is a real estate appraiser and consultant and is the owner of Given Associates, 550 Route 111, Hauppauge, New York 11788. He has been active in the real estate and appraisal field for more than twenty five years. Licensed real estate broker. Past Chairman of Town of Smithtown's Board of Assessment Review. Has lectured on real estate appraising at Stony Brook University and Hofstra University. Has prepared appraisals for the Federal Government, State of New York (various agencies), County of Suffolk, Town of Smithtown, Town of Islip, Town of Babylon, Town of Southampton, Town of Southold, Town of East Hampton, Town of Brookhaven, Suffolk County Water Authority, Incorporated Villages, banks, corporations, attorneys, estates, school districts and individuals. These appraisals have included all forms of real estate, such as residential, commercial,- industrial and leaseholds. Has testified as an expert in real estate values in the Federal District Court, Supreme Court of New York(both Nassau and Suffolk Counties)and New York State Court of Claims. Has been tested and qualified as a fee appraiser by the State of New York. FGIVEN ASS OCIA TES W _ REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Automated Data Processing CSW Associates Inc. Ahem, William F., Esq. Deer Park Fire Department Associates & Ferren DeNicola, Eugene L., Esq. Associates Relocation Company Devitt, Spellman, Barrett, Calahan, Attonito and Schoepelin DiCanio Organization Bank of New England Dime Savings Bank Bank of Great Neck DL Rothberg &Associates pc Bank of Smithtown Dowling College Bankers Trust Company East Hampton Housing Authority Bausch & Lomb Eghrari, Mark, Esq. Better Homes & Gardens Relocation Eichinger, Charles, Esq. Bivona, John, Esq. Empire of America Relocation Blydenburg, Donald, Esq. Environmental Conservation Boatmen's Relocation Management Episcopal Health Services Bracken and Margolin Erwin, John, Esq. Brown-Forman Corporation Executive Relocation Busch Properties Express Financial Services Byron Reed Transequity Extebank Cahill, Gordon & Reindel Exxon Corp. Cahn Wishod & Lamb Farber Estates Campbell & Miller Farmingville Fire District Castle Auto Parts Figgie International Cendant Mobility First Mortgage Network Charwat, Mark S., Esq First National Bank of Maryland Chase Bank of Texas. First Pioneer Farm Credit Chase Lincoln First Bank Fishers Island Garbage & Chase Mortgage Corp. Refuse District Chemical Bank Geico Insurance Chicago Title Insurance General Foods Circuit City Stores Genesis Relocation Cohen & Warren Glynn & Mercep Coldwell Banker Relocation Goldstar Credit Corporation Commack Public Library Grumman Corporation Commack Medical Associates Grundfast, Michael Esq. Commonwealth Relocation Guide Dog Foundation Corporate Relocation Management Inc. Haring, J. Christopher, Esq. County of Suffolk Department of Public Hauppauge Fire District Works Hebrew Academy County of Suffolk Department of Law Hirsch Fuels, Inc. County of Suffolk Planning Department Historic Preservation County of Suffolk Real Estate Division Home Insurance FGIVEN ASS O : ATES I u • - ) J REPRESENTATIVE LIST OF CLIENTS (PARTIAL LIST) Homequity Nesconset Fire District Hunter Turbo Corp. New York State Department of Huntington Community First Aid Transportation Insurance Auto Auctions New York State Parks, Recreation and Intelicom US Inc. Historic Preservation Island Resources Foundation New York State Office of Mental Kane, Mary F., Esq. Retardation & Development Disabilities Kasper Properties New York State Attorney General's Kennedy, Bruce, Esq. Office Key Bank New York State Department of King, Donald, Esq. Environmental Conservation Kings Park School District New York State Dormitory Authority Klein, John V.N., Esq. New York State Facilities Development Kodak Corporation Kraft Foods N.J. Trust Company Lamb & Bamosky Nixon Hargrave Lawrence Aviation North Suffolk Medical Association Legacy North County Realty L.I. Adolescent & Family Services North Fork Bank Leyden & Kenney North Shore Surgi-Center Lite, Russell &Acocella Northville Industries Corp. Long Island Lighting Company NYNEX Long Island Savings Bank P.H.H. Homequity Loral Information Display Systems Pacific Ventures Mattimore, Timothy J., Esq. Pall Corporation McCarville Ford Peconic Bank McDonald's Corporation Peconic Land Trust Inc. Meyer, Suozzi, English & Klein Petersen, Charles, Esq. Michigan National Bank Pinks, Arbeit & Nemeth Miller Place School District Pinnacle Group Miteq Inc. Pistell, Joseph, Esq. Molloy, Kevin, Esq. Post-Morrow Foundation Morgan Guaranty Trust Company Prudential Relocation Morris & McVeigh Quantuck Beach Club Inc. Moses & Singer, LLP Racanelli Associates National City Bank Raisman & Gerardi National Park Service Ralph Oldsmobile National Residential Inc. Rand Consulting Group Inc. National Equity Inc. Real Property Service Bureau Nations Credit Relocation Group Nature Conservancy Resolution Trust Corporation rGIVEN & S : . = I A T E 5 • ; 'Page`8 - July 6, .YL Transcripts of Hearings . .T ., Board of Appeals 6:51 P.M. - Appl. No. 4837 - HARRY CASHY & MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the 'top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold. Parcel 1000- 50-1-3. ,;CHAIRMAN GOEHRINGER: Mr. Cuddy, can I 'have the Affidavit of, Posting. (Affidavit handed up). How are you tonight Sir. CHARLES R. CUDDY, ESQ.: Fine, thank you. CHAIRMAN GOEHRINGER: You might just as well stay right up there, we're ready to go. Any time your ready, Mr. Cuddy. MR. CUDDY: I'm Charles Cuddy. I represent the applicants who have property at Hyatt Road, in Southold. This is an. application to permit to go into the bluff area 26 feet from the top of the bluff line. The purpose of that is to build a pool. The pool is to have surrounded a brick patio area at the ground level. The patio will be in sand. It will not be in concrete. So there won't be anything affected' seriously by it. The pool as shown on the survey is a pool that in dimension.'is 40 x 20 x 18 feet. The patio area itself is 70 feet across, 30 feet deep. This house was built at the site that it's on because the location was dictated by the Health Department. The applicant could not go forward of the line that he is on. That is, could not go closer to the street because the well and cesspool constraints dictated by the Health Department put his house right where it is. Mr. Ingegno is here, who is the surveyor, and can also indicate to you but I am stating it to you on behalf of the applicant, that his house'is therebecause that was where he had to put his house. What we're asking the Board for is essentially a 26 foot variance to permit that patio area and the pool to go into the bluff area. We're aware of concerns that have been expressed about drainage. I'm aware of the Suffolk County Soil & Water Conservation statement. We have delivered today and I believe as part of the record Mr. Chairman, a statement from Cronin & Cronin Engineers indicating, that they're satisfied that we can place sufficient drainage at this site, sufficient capacity drainage rings so that there won't be any run-off that will adversely' ffect any of the neighbors. • We believe that this is an appropri to application. Certainly having a swimming pool along this area is not an u usual amenity to a house. It's an amenity that a lot of people have. Unfortu ately, because of the location we have to somewhat into the bluff area. But ur engineers have indicated and I think the County confirms it that this does of destabilize the bluff. The main t .Page.9 - July 6, 20(;', Transcripts of Hearings i-M Board of Appeals ) concern is with drainage. We would say to you two things. That one, we will have an engineer certify that the run-off will be contained on our site, and we will produce that at the end of our construction so that part of getting the C.O. will be that we will produce for you an engineer's certification, that there will be no run- off that cannot be contained on our site, and that we have sufficient drywells to contain that. We also note there was some concern about the fence going into the foliage area. We will move the fence back if the Board desires so that it does not cut into that area. For those of you who have been here, this is a long walk down the steps but this is a well-vegetated area. This is not a bluff that's in any destabilization. I would think at this point, that what the applicant is saying to you is that he recognizes that he is asking for a variance. The variance is not a significant variance but it is a variance going to the bluff area. It does not cause destabilization. But we are aware of drainage concerns, and we will take care of all of those concerns. I'd be pleased if the Board has any questions. And to let you know that the Cashys are here. As I said, Mr. Ingegno is here and we are as I said, willing to produce a certificate from our engineer that we have taken care of the drainage concern. CHAIRMAN GOEHRINGER: Two quick things. The pool itself would not be linked to the house in any way, is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: Because we have a brick patio laid in sand which there is no way to anchor that to the house. Number 2, I think we've gotten to the point when we deal with these applications that we are significantly going to be discussing gunite pools as opposed to liner pools. Is this a gunite,pool? MR. CASHY: That it is. MR. CUDDY: I believe it is. Mr. Cashy says yes. CHAIRMAN GOEHRINGER: And I'm saying that in general. I'm making a • generalization because of fragile nature of The top of the bluff. Basically, a gunite pool is even more substantial than the foundation that the house is sitting on. MR. CUDDY: The answer to that is, that it will be a gunite pool. Page 10 - July 6, `,__0 - • ' . . Transcripts of Hearings Board of Appeals - i CHAIRMAN GOEHRINGER: At that juncture, this pool is never anticipated to be enclosed. Is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: We'll start with Mr. Dinizio. Any questions Sir? MEMBER DINIZIO: Well, it looks to me like according to these contour lines, that you can start at about 50 foot contour, and go down to 42? - (Adjusted microphones at this point.) MR. CUDDY: Yes. : MEMBER DINIZIO: How does that, how is that going to be built? Are you building it up, or are you digging into - MR. CUDDY: On the east side we'd be digging in. The grade would come out of the middle, and we go down on the east side and try to maintain thegrade as we go along to the west side. ) MEMBER DINIZIO: So you'll probably build it up where the hot tub is, and lower it? MR. CUDDY: Yes. MEMBER DINIZIO: So, what are you putting you know, on that side of the-, what's going to hold that pool and the sand and all of that on the - MR. CUDDY: There's going to be a retaining area that's going to built along the edge of it, so that that will be behind it. MEMBER DINIZIO: Is that wooden or concrete? MR. CUDDY: Yes, it should be wooden. It shows it on here but that's what it is. MEMBER DINIZIO: So, your drainage and that, how are you going to attack the drainage? MR. CUDDY: The drainage will be, two piped then will be off to the side, so it'll be the low point of trying to catch which is coming to that little point of the right because it goes across approximately 10 to 12 feet as it goes across the lot. 1 Page 11 - July 6, ' Transcripts of Hearings Board of Appeals MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: I think I'll pass for now, Mr. Chairman. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: I'll reserve my comments. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: I won't ask any questions at this time. CHAIRMAN GOEHRINGER: OK. So, I guess what we'll see is what we'll develop throughout the hearing. As you know, we have a request to hold this hearing over until the next regularly scheduled meeting, and we'll deal with that aspect at the end of the hearing. } MR. CUDDY: Thank you. CHAIRMAN GOEHRINGER: Is there anybody would like to speak in favor? Does the Board have any questions of Mr. Ingegno? Mr. Ingegno has become a renowned surveyor in this area, and I see him on all kinds of stuff. Any questions of Mr. Ingegno while he's here? I guess not. We thank you for coming. Anybody else like to speak in favor of this application? Anybody like to speak against the application? Yes, Ma'am. Would you state your name for the record. - MS. BUTZ: Yes, Sir. My name is Mary Butz, and I am one of the owners of 2022 Hyatt Road which is right next door. CHAIRMAN GOEHRINGER: Standing on the street, is it on the left or the right? MS. BUTZ: On the west. CHAIRMAN GOEHRINGER: On the west side. MS. BUTZ: I'm on the right. I'm going down the road. CHAIRMAN GOEHRINGER: You're going down the road more towards - BOARD SECRETARY KOWALSKI: It's on the left though. Page 12 - July 6, 0 • • • Transcripts of Hearings Board of Appeals MS. BUTZ: More towards Kenny Beach. I'm from Brooklyn. East, west, these are difficult issues. CHAIRMAN GOEHRINGER: I'm sorry. MS. BUTZ: Alright. CHAIRMAN GOEHRINGER: I didn't mean to confuse you. MS. BUTZ: OK, anything of that nature can. I first became aware of this on, think it was Thursday evening that this was going on. Apparently the registered s letters were sent to the. previous owner as opposed to us: And I wrote a handwritten letter which nobody does today. Everybody does computers so you can tell how distressed I was. A handwritten letter, and presented it to your office on Friday, in the hope of having this be a continuance. Continuance which is what I believe it is called, and the very little time that I've had between then and now, since it's Independence weekend, I mean you try and getting somebody. The very little time I've had between then and now has led me to believe that a very minor investigation that I've done, has led me to believe, that \ this will be harmful, very, very harmful to the property that I own. The drainage �f issue is an issue of tremendous concern to me. The inquiries I've made of the people who have lived in the area, neighbors, people who have been there, and the previous owner, all, everyone has told the same tale, and that tale is, when this house was built that that property formerly the Lowell property suffered enormously. The lawn was flooded, the basement was flooded and the path going down to the beach was flooded as well. They're terrific drainage issues. I'm in the process of trying to find out who to hire about this and where to go about this. But that taken aside, my novice not knowing east, west, north, south, left or right. My novice analysis of this is, that I am firmly opposed to it for several reasons. (1) certainly my own holdings; (2) the impact it will have on the bluff. I invested my life savings, and this is my primary residence in that piece of property because it was beautiful and I want it to remain so and I cannot be clearer about this. And it's uncomfortable because these folks are nice neighbors and this is an uncomfortable kind of place to be but I cannot be silent and I know there are several others who - CHAIRMAN GOEHRINGER: Can I share something with you apart from the drainage issue and I brought this up before and I don't mean to be redundant with this Board, but it's very important that we do so. This Board took over a series of three meetings. A pool issue in Mattituck with a bluff that's higher than yours, that's not a sarcastic statement, OK. It's equally as beautiful as yours and f the applicants. However, much more frail in reference to the foliation of the bluff `Page 13 - July 6, 2C,— • Transcripts of Hearings Board of Appeals } and the stability of the bluff. And they brought in engineers and again, this has nothing to do with the main issue. I think that one of the main issues that your concerned about is the issue of drainage at this point. They brought in engineers and there was an engineering study done that the weight of the pool with the water in it was actually lighter than compacted soil as rain water hits it and compacts it down on the property. And we found that to be a very interesting aspect in dealing with these particular applications. So the Board very simply does one thing. The first thing we do is we contact Soil & Water Conservation. I don't know if you get a copy of that report. MS. BUTZ: Yes, I got it, I was able to get a copy today. CHAIRMAN-GOEHRINGER: We don't construe_that to be law, but we are very happy, that there is an agency out there that assists us in looking at these applications. Number 2, based upon my conversation with counsel, we make sure that these accessory structures are never linked to the house. Number 3, you heard me say, that we are concerned about the pool and its stability and that is, is it a gunite pool and we are with the understanding that it is a gunite pool. Number 4, the drainage issue because pools occasionally, the pool filter has to be reversed and sometimes the pool itself overflows based upon water or whatever the case might be. And these are all issues that concern us apart from the other main drainage issue that you're concerned about, which you're investigating. I am not speaking for this Board. I'm speaking as an individual. I've been here a long time. I'm not saying that I'm a well-versed person in pools on bluffs. We do grant a substantial amount. Most of them we push them back a little bit farther. We shrink the pool a little bit and we go back and look at it when they're done and they really have very little environmental hazard once they're completed and they go through our review. And I have no objection in giving you the time to evaluate this drainage issue. But what I need to do, is make an appointment with you on a Saturday and go over and look at your property because I want to see your concern from a grass roots point of view. I'm not going to discuss that concern with you at that point. I'm just very simply there to see how your concern basically lines up with everything that we are discussing here and in no way am I second guessing your concern. These are very valuable pieces of property. These are extremely probably the nicest pieces of property in all of Southold on the Sound. What's the date of our next meeting? BOARD SECRETARY KOWALSKI: August 10th. CHAIRMAN GOEHRINGER: August 10th. What's the weekend before that? That is Thursday, somewhere around the - Page 14 - July 6, 0 Transcripts of Hearings Board of Appeals MEMBER COLLINS: 5th. CHAIRMAN GOEHRINGER: 5th, OK, alright. MS. BUTZ: 5th of August? There are several people who wish to speak as well. CHAIRMAN GOEHRINGER: Yes, I know. I think what I'll do is, if you will just leave us your name and telephone number and I'm not positive I'm going to be here on August 5th, but I'll be here the weekend before that, which is seven days prior, which is the end of July. So, if I could meet you out here and you know, just take a look at the entire area because that concerns me deeply. MS. BUTZ: I'll have to check my business schedule. I travel quite a bit, so I'll have to find out. I even stated that in the letter as well. So this just hit me like a bolt of lighting. CHAIRMAN GOEHRINGER: I understand. • MS. BUTZ: And there are several others who wish to speak. CHAIRMAN GOEHRINGER: Surely, we'll continue. Thank you. --- ' MEMBER DINIZIO: Can I ask a question. CHAIRMAN GOEHRINGER: Oh, wait, Mr. Dinizio has a question of you Ma'am. MEMBER DINIZIO: You mentioned about when they built the house. You said, _ it caused problems on a piece of property that you currently own? MS. BUTZ: Correct, yeah. MEMBER DINIZIO: Has that been corrected MS. BUTZ: To my knowledge yes. For the current disposition of the house I believe yes. MEMBER DINIZIO: I mean do you live there now? MS. BUTZ: Yep. MEMBER DINIZIO: So you have no complaints about what happens now when it rains with the house there? Page 15 - July 6, 2C, i Transcripts of Hearings . /,_ Board of Appeals MS. BUTZ: No, not yet. I've only lived there since September 19th. MEMBER DINIZIO: OK, no, no, no, I understand that but what I'm looking at here is, do we know what they did to correct that problem,'or was it just - MS. BUTZ: That we have to do some investigation on. It would only be hearsay at this point. MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Good evening Ma'am. MS. RAVITCH: Good;,evening. My name is Diane Ravitch. I am co-owner of 2022 Hyatt Road. I was recently appointed a Member of the Southold Landmark Preservation Commission and our house is not yet a landmark. Yet, it may soon be because it's a original part of the Marshall Estate which was moved from about a mile east of where we are now. I'm very unhappy about having to be at the hearing because I think the Cashys are lovely people, and very fine neighbors, and it's a very uncomfortable position for neighbors to be in, so would wish that this were not taking place. But my concern was, first of all we didn't receive notice. I received a registered notice, a registered letter yesterday giving me in effect 24 hours notice. Now the Clerk of this Commission knows that I stopped by Friday, because I heard from neighbors, that there was going to be a hearing and I don't think, that is an appropriate way for a next door neighbor to find out about it, and there was some confusion about why the letter was sent to the previous owner because we've owned this property since September, and we do get tax bills. They haven't missed us once on getting reassessed and so forth. My concern in addition to not getting notice, and not having time to investigate this is that there is a very different pitch in the property between one that's under consideration and our as an next door neighbors. Their highest point at the eastern end of their property is 54 feet high. Their lowest point I believe is 40 feet. So, they have a 14 foot pitch on their property, rolling down to ours, and our then drops then to about 35 feet. So, it's almost a 20 foot drop and we saw an architect today who said, your property is a catchment basement for the property next door. So, our drainage concerns are very serious concerns. We're very concerned, that this could have an impact on what is a historic house which is 100 years old, and we feel that our property is very much aggress from the kinds of changes that are being proposed and there would have to be very extensive preparations made to assure us, that our house will not be flooded as.it was before, and we learned only today, the full extent of the damage which was that the lawn had to be replaced, the driveway was damaged, the whole area was under water as a result of the work under Page 16 - July 6, ___0 Transcripts of Hearings Board of Appeals construction. So, needless to say, this is not just an esthetic issue, it's a very serious structure concern for us. Thank you very much. CHAIRMAN GOEHRINGER; Thank you. MEMBER COLLINS: Mr. Chairman? CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: Before this lady sits down. MRS. RAVITCH: Yes. MEMBER COLLINS: I'm sorry, I just want to get clear in my head, which property is yours. MS. RAVITCH: 2022 Hyatt Road. MEMBER COLLINS: I'm sorry. MS. RAVITCH: I'm sorry, it's the property directly to the west of the Cashy property. MEMBER COLLINS: Oh, that's formerly Lowell? MS. RAVITCH: The former Lowell property. MEMBER COLLINS: I'm sorry, I thought formerly Lowell was Ms. Butz's property. MS. RAVITCH: No, we're co-owners of this property. MEMBER COLLINS: Oh, thank you. The same property. MS. RAVITCH: Thank you. CHAIRMAN GOEHRINGER: Next person. Yes Ma'am. How are you tonight? MS. JUDGE: I'm Diane Judge along with Peggy Hadley. I own a house adjacent to the capping of this house, just above the Butz-Ravitch house, on half the lot. I'm not against swimming pools. I wish I could afford one what with the jelly fish. But I'm here to voice objections to the consideration of variance. To use 26 illegal feet of dunes for the purpose of building a swimming pool, hot tub and Page 17 - July 6, 20uu Transcripts of Hearings Board of Appeals brick terracing, into the precious dunes on the Southold inlet. The point is, that between Horton's light and Kenny Lane, there are some 20 houses maybe. I don't know, I've never counted them. Most of them cannot be seen from the magnificent beach along the sound. What happens if the Town of Southold allows its law against encroachment on the beach to be bent this one time? Why Mr. & Mrs. Toedter, the people who live on the eastern side of Misthos's house, will be on the phone next year themselves asking for a similar swimming pool, and how about Jack LeLane, he'll be there next, and probably even Diane Ravitch and Mary Butz will start thinking about putting in a swimming pool. I mean Liz Worths, Otto Lindermayer, Rayne Norman, the Lesters, the people who own Zone Bluff. I noticed last week they're surveying the only empty lot on this road. Obviously it's for sale. Once you see a beautiful swimming pool right •nr: on the dunes you have the right= to expect that you can do the very same thing yourself. Certainly, someone new will see that and want. We are being ask to give 26 feet of dune. That's one-fourth of the illegally forbidden zone. They can't do it all from one side. Bulldozers, backhoes, cement throwers, they have to go around. They have to cut into this dune no matter what anybody says. It's not possible to do it in any other way. To grant this variance would be opening too many steps to too many diving boards. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally configures to the run- e off. Much of the woodsy sites on the hill have been converted to lawns, and in some case nothing but muddy driveways to accommodate the trucks. I'm sorry, I'm out of whack here. I left out a paragraph. Let me back-up a second. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally contributes to the run-off. Much of the woodsy sites on the hill have been converted to lawns, and in some cases, nothing but muddy driveways. East of this location, just such a driveway and drain pipe, and I do . think they put in a drivewell to take off the runway after they built the house. And I personally saw the'damage that was done to the Lowell's basement, and to their lawn which the people had to reseed at least three times in the course of one summer. Plus the Lowells had to put a tar strip on the bottom of their driveway and a cement thing guiding the water down because there is a right-of- way, where seven or eight houses use of this path to the beach which was once a for road runners. It's the only natural cut in this point of the island, and this is only going to add further to the erosion of that beach. If you go down there today, you will see half of the sand and dirt from the Lowells, abuts Ravitch's property out on the dunes. Just to the east there's a house that has a similar drain pipe whether it's legal or illegal I don't know but they have a driveway and a drain pipe leading out to the dunes, and last year at least 35 feet of dune fell into the sea. All of these enormous big black pine trees, you can still see their trunks as you're sitting on the beach. They lost their steps. They lost everything. And my concern really is not as I say about swimming pools. I think the people are lovely people. I don't object to anything they're doing except the Page 18 - July 6, __ _0 ' Transcripts of Hearings Board of Appeals „-, law. The laws must be fair and sound to begin with. You all made them. assume Southold fathers who go to Zoning Law deemed it to be fair and correct. It would be unfair, and incorrect to everyone on Hyatt Drive. Everyone who uses ' the public beach, and all of natures creatures who depend on this habitat of what: was and could still be the bucolic North Fork. I cannot see again you bend the law this time, you're going to be bending it 14 or 15 times in the next few years and that was my objection. Thank you. CHAIRMAN GOEHRINGER: Thank you. Next person. Good evening Sir. MR. MULLADY: Good evening. My name is John Mullady of. My wife and I own a parcel of property. Five parcels to the east of town property in question. Again, I'm not here to.,discuss swimming pools, except one correction that the gentleman who was talking earlier said there are numbers of swimming pool up there. There are about 36 home sites in the area ( ) an extension. As far as my knowledge there are two pools. So, I mean, a number of, yeah, two is a number. All I wanted to say merely was that a ruling of 100 feet, I don't think that was pulled out of the air by somebody who said, that's a nice number. 26 feet is a quarter of it. To take the quarter of this piece of wood which is if it were solid to the floor, take a quarter of it off, and cut out what's holding it by at least 14 feet on one end, and maybe 8 on the other end, you've got a tremendous whole line made here. That's going to be petitioned or supported by ( ). Will it work? Well, there's one way you can find out is to do it. However, I would just like to mention, that the property directly contiguous to ours, on the east, two years ago, one Saturday night, the entire top of the bluff and vegetation disappeared, and the gentleman who owns the property was away, came back that night, Saturday night, got up Sunday morning and looked out and said, what's different out there? What's different out there was that it was all gone. Why did it all go because he was building? No, he wasn't building, there were no machines back there. He wasn't digging anything. The house has been there probably for 15-17 years. There's been nothing changed there except this thing went one day. Why did it go? I have no idea. I asked Mother Nature but she hasn't you know, E-Mailed me back yet. These things happen. Unfortunately, they happen. I'm next door. I lost some bluff. I'm concerned about all of the bluff. If you go from the Lighthouse at Horton's Point, east or west, you will see where it's eroded, and I know you people have all seen that. Peconic Shores, part of it, is a disaster. We have some vegetation on the bluff? Yes, sure. The property next door to me was highly vegetated. Overnight it wasn't. He wasn't putting in a swimming pool. I'm not saying that would make it happen or not happen. But it seems to me, you're going to cut out that big a piece of property, and that much of a retaining a natural retaining behind it, something is going to change there. I would prefer not to see it change that way. It seems to me, that the rules are the rules, and breaking them or bending them, for something of this Page 19 - July 6, 26u Transcripts of Hearings �� Board of Appeals nature, I think is poor establishment. Terrible precedent that a lot of people here today, or tomorrow might regret. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Yes Ma'am. MRS. TOEDTER: I'm Mrs. Toedter. I'm on the other side of the property. I did send a letter. Did you enter that into the file? CHAIRMAN GOEHRINGER: I believe we did. MRS. TOEDTER: The letter? CHAIRMAN GOEHRINGER: I believe we did. - MRS. TOEDTER: OK, but one point that no-one else seems to make is, we own our pumps and wells are in the back and the cesspools are in the front, naturally we had to do it that way. If anything happens when they put in the cesspools with all the septic systems and everything, I don't know that what do you do with your, if they disrupt wants going on there? I think there's a lot of big problems ) that could go on up there. CHAIRMAN GOEHRINGER: We would hope there's no disruption. MRS. TOEDTER: We would all hope. CHAIRMAN GOEHRINGER: When you say in the back. You're saying the cesspools are in the front of the house, or in the back of the house? MEMBER COLLINS: Roadside. MRS. TOEDTER: It depends on what you're calling the front. MEMBER COLLINS: Roadside. CHAIRMAN GOEHRINGER: You're on the roadside. MRS. TOEDTER: Actually on the dirt roadside and the cesspools - CHAIRMAN GOEHRINGER: Let me just say one thing, OK? The third lady that spoke tonight concerned herself about heavy machinery. We've gotten this thing down to the point, when I say thing in general, I'm making a generic statement. We allow one backhoe, alright. One small to medium size backhoe in the construction of these pools. I don't care if it costs the man 20 or the lady Page 20 - July 6, _ _) ry Transcripts of Hearings • Board of Appeals $25,000 to pump the cement in over the top of their house with a cement pump. But there is no heavy equipment allowed in the construction of any swimming pool in the Town of Southold, on a bluff, on a dune, at this particular time, if it's granted by this Board. That is clearly stated within these decisions, and we have started this process also. I am not orchestrating. I am not pushing for the swimming pool in any way, manner or form. I'm just telling you, that we are trying to take every possible precaution. That is - MRS. TOEDTER: The weight of the cement and the weight of the water? CHAIRMAN GOEHRINGER: Everything is taken into consideration. We are not an environmental group. But I assure you, if it requires triple layering of some type of barrier when it's being..constructed. I'm talking about straw or hay or anything. The least amount of defoliation of the grassed area when it's being constructed, so on and so forth. These are very important factors for us to concern ourselves with in the construction of these pools. Again, I'm not orchestrating this application. I am not trying to push for. I'm just telling you, that these are things that we do. When the swimming pool is done, we go back and look at it. (change tape) between the houses to the west, and that concerns me, and that's the reason why I want to look at them. I want to look at this Valley issue that's in between. I'm not an engineer but I want to look at it anyway. I've v' been doing this for 20 years, and I want to see what these ladies are talking about. r MRS. TOEDTER: Is there a cesspool right there where they want to put the pool? CHAIRMAN GOEHRINGER: No. MRS. TOEDTER: There's a pipe. I guess that's the drain. CHAIRMAN GOEHRINGER: I have no knowledge of any cesspool. The cesspool is in front of the house. MRS. TOEDTER: OK. CHAIRMAN GOEHRINGER: So let us do our job. You know we're going to carry this on to the next hearing and I will look at that in between the two hearings. I think this lady in back had a question there but we'll wait until you sit down. So, we'll take all of your concerns and we'll deal with them and that's why your here to voice your concerns. Page 21 - July 6, 2(A d Transcripts of Hearings Board of Appeals MRS. TOEDTER: I thought maybe you had already investigated and that's why you're - CHAIRMAN GOEHRINGER: I have been to the site. I am very.:happy about the bluff itself because it's not that frail. In reference to it's very well foliated and you know, that makes me very happy. Unfortunately, I had shorts on that day, and get poison ivy like you will not believe, so I did not walk anywhere, maybe within 30 feet down the bluff and I didn't go all the way. Normally I go all the way. But we will take everything into consideration. So please - MRS. TOEDTER: I'm sorry I missed the beginning of the meeting. I didn't know if I could get here. That's why I wrote the letter. You took into consideration the fact that you passed a law,c:and now they want the circumventure of law, and you'll probably pass the law- CHAIRMAN GOEHRINGER: Can I just explain this? I said this at nauseum, and this has nothing to do and I will reflect upon this also. When this.law went on the books, I discussed it with the orchestrater of the law, and I told him, that this will create a tremendous problem for people that have existing dwellings, and people that want to build new dwellings, on smaller lots. This is not necessarily a smaller lot. But we had heard from counsel, that they were mandated to put • the-house in this location. That does not mean that we constantly push this 100 foot issue. The orchestrater of this law told me, all he wants us to do is look at every individual application, and he wants us to minimize the type of construction that we have. That doesn't mean the law doesn't stand. It stands. Only this Board can vary it and only this Board will vary it, and that's the way it's been since the law has been effect. MRS. TOEDTER: What is itlike between houses, because you know someone calls it's pretty, they carry the sound and that's why I'm trying how many feet it has to be from another house? CHAIRMAN GOEHRINGER: There's no law in that respect. MRS. TOEDTER: Because I know the people below them, their bedroom, the Lowell's bedroom is right next to the water there, and that's the water ( ) over and if a pool were there, you could hardly even and people were jumping in and out at night, they could hardly use that room as a bedroom. CHAIRMAN GOEHRINGER: I see. MRS. TOEDTER: There's no law about that? Page 22.- July 6, :_....0 Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: So let us do our job. Let us continue the process throughout this hearing, into the next hearing which will be in August and we will report back to you what we found, and we always do, and then we'll - MRS. TOEDTER: We're unfortunate are on that side of the bluff, because we don't have as much on the other side but it's starting, and just last winter what use to be better crossing to that bulkhead down, and so it's a, it's been fragile. CHAIRMAN GOEHRINGER: They are fragile. Thank you. MRS. TOEDTER: Thank you. CHAIRMAN GOEHRINGER: Ma'am, I believe you had, I don't mean toxpoint at you, but I believe you had a question before that you wanted to - MS. : When you said no heavy equipment. How big is a truck that brings the water in alone? CHAIRMAN GOEHRINGER: The truck has to remain in the front of the house. There is nothing that is allowed to the rear of the dwelling except for, except for a small backhoe to dig the hole. That is it. That's the condition. MEMBER COLLINS: Mr. Chairman, can I put two cents in? CHAIRMAN GOEHRINGER: Yes, but this lady hasn't - MEMBER COLLINS: Oh, I'm sorry. I thought Ms. Butz had finished. CHAIRMAN GOEHRINGER: I'mfsorry, again I apologize for pointing at you. MS. MITZNER: I know this is going to be ( ). I feel very strongly about it. Terry and Jennie had me here tonight cause I - CHAIRMAN GOEHRINGER: We need your name for the record. MS. MITZNER: Melanie Mitzner and I bought their house on 1050 Hyatt Road. And I have, I was in on the hearing on the other, well I wasn't on the other side .`£s_ because I was happy that the property was'large and they couldn't develop it: When a very delicate ( ) system they are more protected and there is a bluff that has collapsed within five or six properties or less in that area, just due to north eastern rainfall run-off tide, whatever you know is happening. I think that building in that location is taking an undue risk, and the bottom line is; when it's nature against man, we all very well know who wins out. Page 23 - July 6, Transcripts of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Thank you. You want to make a statement Ms. Collins? MS. BUTZ: Sir, when is the next meeting going to be, did you say? MEMBER TORTORA: August 6th. MEMBER COLLINS: No, 10th. CHAIRMAN GOEHRINGER: August 10th. MS. BUTZ: 10th, OK. I have to see you after this, is thatcorrect? CHAIRMAN GOEHRINGER: No, if you would call me tomorrow. Call the office tomorrow and just leave your phone number and we'll set up some date that's convenient for everyone. MS. BUTZ: OK. _ 4 CHAIRMAN GOEHRINGER: I mean it's not necessary if this nice lady sitting next to you is going to be there, you don't have to be there. MS. BUTZ: I own 50% of it. I want to be there. CHAIRMAN GOEHRINGER: OK. MS. BUTZ: This is my primary residence. CHAIRMAN GOEHRINGER; I understand. I mean I'm not trying to strip you of that. MS. BUTZ: It's not my summer home. This is what I own, but I wanted to ask one more question. CHAIRMAN GOEHRINGER: Sure. MS. BUTZ: I have to go and check my calendar. I may have to postpone this. We may have to have another discussion like I don't know if I'm going to be here August 10th. This all came like gang busters. CHAIRMAN GOEHRINGER: I understand. Page 24 - July 6, : 0 • Transcripts of Hearings Board of Appeals MS. BUTZ: Alright? MEMBER HORNING: Mr. Chairman. That particular lady I think is the one who rnentioned the right-of-way. Can someone tell us more about it?- This is of-way that you say is used a - MS. RAVITCH: On the property that we jointly own there's a right-of-way and there are several families that are entitled to. come through that right-of-way to the beach and it's on the west side of the property that we own leading from our driveway down to the beach. MEMBER COLLINS: It's a footpath, right? MS. RAVITCH: It's a right-of-way. It's a footpath. MEMBER COLLINS: Footpath, OK. MS. RAVITCH: And it was as I mentioned earlier washed out during the construction of this home. This home by the way, was constructed after the passage of the 100 foot requirements as I understand. CHAIRMAN GOEHRINGER: H'm, h'm. OK, Ms. Collins. MEMBER COLLINS: Mr. Chairman, I just wanted briefly to address a couple of comments to the neighbors which I think they deserve to hear from us. We hear frequently at this Board, we must obey the absolute letter of the law. The law is the law. Someone here tonight used the word, circumvent with respect to the request for a variance. It's not circumventional of law. The State of New York, the Law of the State of New York, says that if a locality has zoning setbacks and other things like that, a locality must have a Zoning Board of Appeal as an Appeal Board for people who are unable to do what they want with their property because of zoning and our job is to balance and to weigh and the State tells us that's our job. And the laws are on the books, and the laws are the laws and it's our job to hear appeals from them and it's not circumventing the law. I just don't want you folks to think, that there's something predacious about our appeals process. This is the way it's suppose to work. Thank you Mr. Chairman. y MEMBER DINIZIO: Can I make a comment also that may be helpful to you folks? CHAIRMAN GOEHRINGER: Sure. Page 25 - July 6, 26. Transcripts of Hearings - ---_-) Board of Appeals MEMBER DINIZIO: If I were to hear from say, an expert on your side. Say you go out and find an expert on your side, I'd want to hear about three things. One is if that erosion is still going on from the house and whether it's still effecting your property? The second one is, if I could hear an expert tall-=me, why that bluff that you say went down five lots, why it went down? Give me a reason because living here all my life, it doesn't just happen overnight. There's always some way, some how something has happened, and if you can bring a reason and I'm not suspecting what the reason will be good or bad to this applicant, but certainly would be helpful for me if you want to inject that into this conversation. If it's helpful to you, good. If it's not, you know, maybe you don't bring it up. And certainly, I think that the 100 foot setback as I've always seen it, you know, it's just that. It's a 100 foot setback and you try to live by that, as much as you , possibly can but when the other zoning laws, the other laws gave him a waiver, a person a use of his property, you know he has to have a place to seek relief because you know he's a taxpayer just like anybody else. And I can probably say from my point of view, that this application will look much different when we're done with it, and I know you're probably all friends and I hope you all leave friends, but if you can inject and try to show us you know, why, give me a concrete reason as to why you think that this particular pool will cause any erosion at all. You know there are experts. People that may be able to say, give a good reason for that. I'm certainly willing to hear it. I do know seating on this Board now for 14 years, you can build this close to a bluff, and you can do so without disturbing that bluff. But you know, if you have concerns, and you know, express your concerns to an expert and he can explain to us, I have no problem whatsoever, you know believing that fact. Thank you. CHAIRMAN GOEHRINGER: OK, we are at this particular point, we have _ requested, oh, you want to say something? Pardon me. MEMBER TORTORA: I just like to ask the attorney for the applicant. CHAIRMAN GOEHRINGER: Mr. Cuddy. At that point, if it's alright with everyone then we're going to recess until the next regularly scheduled meeting. MS. BUTZ: Or later if necessary. CHAIRMAN GOEHRINGER: You'll have to send us a letter on that respect. MS. BUTZ: I shall do so but I want that on the record. CHAIRMAN GOEHRINGER: Right. Mr. Cuddy. I don't know if he can hear you. Page 26 - July 6, _0 ` ' Transcripts of Hearings Board of Appeals - -. I MEMBER TORTORA: How high is that retaining wall? MR. CUDDY: The retaining wall that's on - MEMBER TORTORA: The retaining wall of, the timber retaining wall that holds the brick patio? MR. CUDDY: You mean the proposed wall - MEMBER COLLINS: The proposed. MR. CUDDY: There, I think probably Mr. Ignego could say how high., MR. IGNEGO: It's going to be approximately 4 to 5 feet high. They intend to dig into the east side by about 3 feet and then-fill to about an 8 or 9 foot difference in elevation. MEMBER TORTORA: It's going to be graded? MR. CUDDY: It's going be graded to the middle. MR. IGNEGO: The middle will be thecenter grade and then they'll cut into the eastern and fill to the west. - MEMBER TORTORA: OK, the other thing I was reading Soil & Conservation and you read the report, you know the concerns. One of the concerns was, that . the erosion would be compounded from the brick patio being impermeable surface but I wondered if you come with any options on that? MEMBER COLLINS: It's in sand. MR. CUDDY: Two points that I was making. One was that the brick surface is not going to be completely impervious because of the placement of the sand, which probably makes it very little different from hard dirt that would be packed at that site. Secondly, that's the purpose of having to drainage it at the south west corner. Any run-off that would come by virtue of the elevation at that point, would be picked up by the drainage pools that would be there, and we, that's why I indicated initially, that we're willing to have our engineers, Cronin & Cronin, certify to the Board, that what we proposed would be adequate to take all of the drainage run-off and will not go on to the neighbor's property, and I understand that concern. Page 27 - July 6, 2tiv Transcripts of Hearings Board of Appeals MEMBER TORTORA: Well, the other question we always ask, and you know the question is, is this the minimum setback that you can live with? • MR. CUDDY: Well I would say, that:'there's a few feet less but not an awful lot the way this pool is setup here. With the pool as you can see is a basically a 20 foot cross pool. As far as the width of it goes, coming from the deck out towards the bluff area, part of that pool as a matter of fact is within with the inside of the liner, that's probably 2 to 3 feet. I would think, that there's very little I think you can cut-off and still have an adequate pool. We probably could cut some of it but not an awful lot. • CHAIRMAN GOEHRINGER: Thank you. George, you have a question? MEMBER HORNING: No. CHAIRMAN GOEHRINGER: Again, at this particular point, we're in recess. I will make a motion recessing it to the next regularly scheduled meeting, which at this time is August 10th. However, unless I get a letter from you, (Ms. Butz), it will be up to the Board to make that determination then at that point, OK? I - MS. BUTZ: Yes, I understand. But I do need sometime to get my own expert witness as well. CHAIRMAN GOEHRINGER: I understand and you'll give us a call tomorrow and leave your telephone number. MS. BUTZ: I won't be back at work until Monday. CHAIRMAN GOEHRINGER: That's fine. This is not going to be until the end of July anyway. MS. BUTZ: This has been a wonderful vacation. I wanted to tell you all that I had a wonderful time. CHAIRMAN GOEHRINGER: We're sorry about that but we would like you to call us so that I can make an appointment with you around the 27th, 28th, 29th of July, whatever. MS. BUTZ: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you. Yes, that is a motion. See Minutes for Resolution. 'Rage-80 - July 6, 21 _ Transcripts of Hearings Board of Appeals MR. MESKOURIS: I just feel that I'm being called a liar. We're not up to par over here on the situation the way it's been handled, but it was a dirty deal from the beginning. CHAIRMAN GOEHRINGER: Thank you Chris. So lets close the hearing at this point and we'll wrap this up. Hearing no further comment, I'll make a motion closing the hearing reserving decision until later. See Minutes for Resolution. • End of Hearing. PHJULY 6 Prepared by Lucy Farrell py RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE HOUR 940 !o 0- P,1wt Town Clerk, Town of Southold - �� LE`1 I@ EE OWE E 5"( ° ilu - goo LICENSED PROFESSIO -- .2, NEW.YORKs',i (1-7 121f, _ Cronin and Condon Consuitinc-Engineers r` . 1755 Sigsbee Road y, Phone:631-734-7250 Mattituck,New York 11952 Fax :631-734-7014 July 5, 2000 r - Gerard P. Goehringer, Chairman, Zoning Board of Appeals Southold Town Hall P.O Box 1179 Southold, New York 11971 Re: Cashy and Misthos- Pool and Brick Patio 1900 Hyatt Road, Southold SCTM#1000-50-01-03 Your file No.4837 Dear Mr. Goehringer: On June 29, 2000,we completed an inspection of the existing conditions at the referenced property. We have also reviewed the property survey which indicates proposed new construction and have reviewed the June 23,2000 letter from Sufflok County Soil District Technician, Mr. Joseph W. Gabrinowitz. Based on that information, we have the following comments: 1. The proposed inground pool and brick patio will encompass part of the existing rear yard, but will not extend into the area currently occupied by trees and shrubs. Therefore; removal of vegetation in that area will not be required. 2. A portion of the perimeter fencing indicated on the survey is shown to be installed at the top of the bluff. The owner is willing to install that fencing southwarO of the top of bluff as per - recommendation by your office. 3. The north face of the proposed pool and patio area is a distance of approximately 75'from the top of bluff. This entire area is densly covered with healthy shrubs, vines, and trees. The . proposed construction will not have an adverse affect to the current conditior>I of the bluff, and will not adversely affect bluff stabilization. 4. We have completed preliminary storm water run off calculations and have determined that additional drainage pool/s will be required to properly accept additional storm water runoff from brick patio area. New pool/s can be installed just south of existing drainage pools. 5. Existing grade elevation at top of bluff is higher than surrounding areas(including proposed brick patio, existing lawn areas, and the vegetated bluff areas). The water intake grate at existing drainage pools is the lowest elevation on the property and the proposed , water intake grate elevation willmatch that of the existing grate;therefore all storm water will be self contained on this property. Please review and call if you have questions or require additional information. My direct line is 765-1798. Thank You. ce ely, Si /". 0 ��° � �' divr----- ti4 14IN SC,9 ), Mark K. Schwa ,AIA- •rchitectt�l 1 Cashy3.doc Q' '4'4 15 )‘ ., 02239 d° ns;.•-..S D 7) FOR BOARD AND STAFF USE 0000 Updated New Information 3//0/ )22 , �� -7/6/ Zaiaifi� dod> d 74 3/p/cA I Calla `7114, eter.ruz4r's ye jvh)(1,,az;4Adt-i,,) l b Pm-' / '. 1 _ . li %i l . / //. 2 /g �s a-ddZ;co Aa-u_ b�P loGQ�I LGlt�z��, !` �W .nT�� ik3 , 61 11M;". � J f t —� -a Lam✓/5;9),:-) sem'/ 41'le K04,-,P4 ig)c e & r �.�cu z�c f i Ars atic /a r ja. V _ c az&.-P ,z.*--/a -j:ro 31/C/01 10- 3190/ /-i71.. �4/ _ '` , � . - ji.e4 ;ft4 . _ -J tei2/4_5.- v /-4.5-7- ( ,, FOR BOARD AND STAFF USE --i.e,-/W .b, Updated New Information, //c)2 7 AA •76:20-ach_i -/X,--zi-VAe-i--1 .5-,0---/--cZ je _W____41-0-- -ed -� WI rwe.... -Ale _ e-; a-- .4._ ,_ "�,J4 f /0i_/ E v, 7// in4_Cel�rdam: ,,, e6 63° ez) /_, �/ Lam_' 0 - 111,1fi , AI 7/8— 3Ltrct46Y "765 =a6 / 6 _41/1 , 7d7 nedied dx - ,Q d,./.„, 6.,,,,,t,_;_a ff,„, /`(7• Ada ?ff. A ,0,440/ruzi) aAi/. neeeLir 0 /miyi - , sE I , I 0 TRANSMISSION VERIFICATION REPOR" 4 TIME : 02/06/2001 11:57 DATE,TIME 02/06 11:56 FAX NO./NAME 7276336 DURATION 00:00:47 PAGE(S) 02 RESULT OK MODE STANDARD ECM H . CASHY & M . MISTHOS 1000- 50- 1 -3 POOL & HOTTUB BLUFF SETBACK VARIANCE TUES . , FEB . 27 , ' 01 - 7 : 45 PM \0)' TRANSMITTAL M --. ,\1 Id fid TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: 2-53 Zaoa SUBJECT: File Update- Ceg-09--0 bdi- •,///tt-cit-A-4-a j`-1 k�� With reference to the above application, please find attached the following new information added to the official ZBA office file: \Y--e-E:1°71- a)a. - 1-yer-it-ea-Q---- ..a /11 / - ' ' i / _4'; a-etT2kd Comments: Number of Pages Attached: TrMemo.doc .4COUNTY OF SUFFOLri ,:_ c,on ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER 1 Thomas J. McMahon CONSERVATION DISTRICT ®(�/]�j DISTRICT MANAGER FAX: (631)727-3160 Lf f� (631)727-2315 6/23/2000 Gerard P. Goehringer Southold Town Hall 53095 Main Road PO Box 1179 Southold,New York 11971 Re: Your File No.4837,H. Cashy and M. Misthos inground swimming pool and spa • Dear Mr. Goehringer, We have recently completed an evaluation at the above referenced property as per your request. The following is a summary of the current site conditions and proposed recommendations. According to the USDA Soil Survey for Suffolk County, the predominant soil type for this area is Plymouth Series C, 8 to 15 %slopes. These soils are typically well drained and have a moderate to severe hazard of erosion(due to its high percentage of sands and gravel). During the site visit, it was noted that the change in topographic relief is about 14 feet from the northeast to the southwest borders of the property. The base•of this slope terminated in a subsurface drain of unknown capacity. In addition,terraced walls of stone and wood stabilize the northeast and southwest property boundaries.All roof drains on site feed into a subsurface drain/drains. The current rear yard and bluff cover are healthy and relatively well maintained. The grassed area of the yard encompasses the northeast side around to the rear of the yard to the subsurface drain.The southwest side of the yard is landscaped with various shrubs and covered with wood chips. The remainder of the yard is covered in trees and shrubs extending to the top of the bluff(approximately 25-30 feet from the existing deck). Some minor erosional features(small gullies)were noted adjacent and below the bluff staircase intermittently to the toe of the bluff. RIVERHEAD COUNTY CENTER300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 1' Based on these observations we offer the following comments and suggestions: The proposed inground pool and spa area would encompass most of the rear yard extending into the area currently occupied by small trees and shrubs. Removal of vegetation from the top of the bluff would increase the potential for erosion on the top and face of the bluff. This would be compounded by the installation of impermeable surfaces such as brick and wood. The impermeable surfaces also increase runoff to the subsurface drain located on the southwest corner of the rear yard. As a result, your office may want to review a document, which details the infiltration capacity of the drain as well as its volume, and compare it to the increased runoff resulting from the proposed structure. If the holding and infiltration capacities of the drain are less then the increased runoff, then the drain will overflow. The runoff would flow toward the adjacent property to the southwest. The current proposal also makes reference to a perimeter fence, which would be installed at the top of the bluff. This fence would surround the pool and spa area. Ultimately, vegetation would have to be removed from the top of the bluff to install this fence. This would also increase the potential for erosion. I have enclosed literature from the USDA Natural Resources° Conservation Service regarding stabilization of bluffs and periodic maintenance for your perusal. If this proposed structure is approved, your office may also want to review a sediment&erosion control plan to be implemented during construction. If you have further questions regarding this matter,please feel free to contact us at(631) 727-2315. Sincerely, /eph W. Gabrinowitz Soil District Technician Page 2 of 2 DAJUN 2 8 2000 I1)1 T I I I I NATURAL RESOURCES CONSERVATION SERVICE • STABILIZATION OF ERODING BLUFFS The coastal shoreline is affected by many different forces and is exposed to many harsh conditions. A result of these forces and conditions is erosion. Bluff erosion is a natural process that can be slowed but not stopped. Houses and-structures built on the top of these bluffs are at risk from erosion. Some areas along the coastline may experience accelerated rates of erosion duetofactors such as winter storms and extreme high tides. That erosion will occur can be predicted but when it will occur cannot. II. The erosion of high sandy bluffs along coastlines has challenged conservationists since they were first observed. Typical of such bluffs.are those along the north shore of Long Island. The soil material is sandy and erosive, easily moved by wind or water. Bluff height varies from a few feet up to well over one hundred feet. The slope is usually about 1:1, or at whatever angle the material is stable. They may appear as shown below. SLOPING THE WRONG DIRECTION OVER HANGING LIP - • REMNANTS OF OLD VEGETATION, BOULDER, ETC. UNVEGETATED SLOPE ERODING TOE / NORMAL HIGH TIDE Typical characteristics of eroding bluffs. -2- Numerous attempts have been made by landowners to stabilize the slopes. Only a few have succeeded. No procedure can guarantee a permanent solution, but some have significantly slowed erosion over several years. From these, it appears the following is essential: 1. Do not allow surface water to go over the top of the slope. 2. Remove the overhanging lip at the top of the slope. Any dead trees along the top edge and on the bluff face should be cut off at the base. Trash, grass clippings, leaves and branches should be removed from the bluff face. WATER DIVERTED AWAY FROM SLOPE OVER HANGING LIP REMOVED C WELL VEGETATED SLOPE WELL VEGETATED TOE NORMAL HIGH TIDE Iar Typical of procedures that have had a desirable effect on slowing bluff erosion. 3. Vegetate the slope, A. Use 'Cape' American beachgrass for this,transplanted in the late winter or early spring. Place one 35mm film canister of Osmocote slow release fertilizer into each planting hole and then plant three stems or culms per hole, each hole should be 12-18 inches apart. -3- B. To add diversity to the bluff planting, hydroseed or broadcast the following warm season grass mixture immediately prior to planting the 'Cape'.American. beachgrass. Spreading the seed prior to planting the beachgrass causes the incorporation of the seed as the beachgrass is planted, due to foot traffic and sand disturbance. This is critical to a good seed catch. The warm season grass mixture consists of: `Blackwell' switchgrass 4 PLS lb/Ac `Atlantic' coastal panicgrass ' 5 PLS lb/Ac `Niagara' big bluestem 5 PLS lb/Ac `Aldous' or `Camper' little bluestem ' 3 PLS lb/Ac `NE-27' Sand lovegrass 3 PLS lb/Ac `Golden Jubilee' blackeyed susan 1 PLS lb/Ac `Goldstrike' sand bluestem 5 PLS ,lb/Ac KY-31 tall fescue 10 PLS lb/Ac (Rates are in Pure Live Seed Pounds Per Acre) 4. Adapted shrubs and vines can be added when the slope is well stabilized with grass. Species include Bayberry, Rugosa rose, and Beach plum. 5. Keep all trees pruned to shrub height on the top edge of the bluff and on the slope. - Maintenance of the vegetated slope will be required on a continuous basis. Remove debris from planted areas; keep all water diverted from the slope; do not over-irrigate the lawn above; avoid excessive foot traffic and repair any damaged or eroding areas. • ' 6. Apply 40 lb/Ac of nitrogen in June if beachgrass vigor is declining. TRANSMISSION RESULT REPORT _ (JUN 28 '00 11:15AM) , ' ) c, HOLD TOWN HALL 516 765 1823 (AUTO) DATE START REMOTE TERMINAL TIME RE— MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. JUN 28 11:12AM 631+369+9080 02'17" OK ES 06 009 E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING CHARLES R.CUDDY 'i; �1 � �,. , . . 2001 g � ATTORNEY AT LAW ,\ 445 GRIPPING AVENUE _ 111 RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net March 7 , 2001 Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Cash Pool variance - 1900 Hyatt Road, Southold 'pax Map #1000-50-01-03 Dear Board Members: Enclosed are notices of posting and mailing for the February 27th hearing in the above which has been rescheduled for March 15th. Very truly yours, /3• Charles R. Cuddy Encs. cc: Anthony Tohill CRC:cg )f ' V C '1; 8 2001 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK , �- - In the Matter of the Application of AFFIDAVIT OF SIGN • ., . .. . . _ OSTING (Name'of Applicant) P, Regarding Posting of Sign upon Applicant's Land Identified as • 1000- 5o - t - 3 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Charl,es R. Cuddy, Esq., residing at Narza,tooka 1,ane, Mattituck , New York, being duly sworn, depose and say that: , I On the 19th. day of February. , 200.6 I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon,,securely upon my property, located ten(10)feet or closer from the street or right-of-way(driveway entrance) w facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, ' 1 `0 earing e - hown to be February 27, 2001. dA....1 A (Signature) Sworn to before me this • .a'J. day of r,-G r wi-r`,�2 CATHERINE M®NEN / Nofaey Public.State o!New It* AualiNo.fiei9 X8050581 1. ,, c L 1,+; leallm aggres Novi f,, 0 2.. (Notary Public) , • *near the entrance or driveway entrance'of my property, as the area most visible to passersby. f Z0 3£tid (MdOSS1d3ddd9NINOZb90699LT£9 8T:0T 0002/02/tT • ® � I j ZONING BOARD OF APPEALS `` ' 2oolll TOWN OF SOUTHOLD,NEW YORK X In the matter of the Application of Harry Cashy and Maria Misthos (Name of Applicant) AFFIDAVIT OF MAILINGS CTM Parcel#1000- 50-1 3 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Catherine M. Given residing at 104 Jayne St. , Port Jefferson ,New York, being duly sworn, depose and say that: 15th On the day of February , 200.X I personally mailed at the United States Post Office in Riverhead, , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X)Assessors, or( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. e� MA1 (Signature) Sworn to before me this e,7 day of February , 2001 CHARLES R.CUDDY Notary Public,State of New York No.5872225 (Notary Public) Qualified In Suffolk County Commission Expires December 31,20o.f Please list, on the back of this Affidavit orona sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. SEE ATTACHED 4• Ii t ! sa.t 2001 _ HARRY CASHY, MARIA MISTHOS, Applicant NAME & ADDRESS OF ADJACENT PROPERTY OWNERS 1000-50-1-4 1000-50-1-2 Virginia M. Toedter Diane Judge & Peggy Hadley 1675 York Ave. , Apt 27B PO Box 1702 New York, NY 10128-6759 Southold, NY 11971 1000-50-1-21 1000-50-1-18 .9 Mary Butz & Diane Ravitch John Witherspoon 24 Gardner Place PO Box 758 Brooklyn, NY 11201 Southold, NY 11971-0758 ir CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL• (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 March 9 , 2001 E-mail: crcuddy@earthlink.net Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Attention: Linda Kowalski Re: Cashy Pool variance - 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Linda: Pursuant to your request, enclosed are certified mailing white receipts and green cards for the above. Very truly yours, C �-�L'L& Com. ' Charles R. Cuddy -- --Encs_ --- I IUgl,Postal SECTION ON DELIVERY 111 CERTI!FIEI� MAIL RECEIPTI (Don estic ---„0, 1; Coverage Provided) lease Print Clearly) B Date of telly: rq :Artie jftii 3`: j U CJ y /7 / Q- r I= IIIROOKLYN, NY 11201 / ❑Agent M. ❑Addressee) SFr ss di erent fro '-m 1v ❑Yes IL Postage $ 0.34�`°��UNteit; 4901 ik / �9. b' )very addre.. .elow ❑ No Ln m Certified Fee 1•A0 rt Return Receipt Fee LiZ'\ I g::- - �P H~ k °j (Endorsement Required) TG�' O Restricted Delivery Fee �� 0`�1 li 07 I p (Endorsement Required) p Total Postage&Fees $ 3.-7 tl3.74 ''02/-1-5Y( I1J / Imo❑./Express Mail ' iru Narpe(please Pr- t Clearly) 12 Return Receipt for Merchandise M 1 (To be completed b mailer r ,I/-( Jef.Vi ❑ C 0 D O., Street,Ap. o A PO Box No. --- ---- --- Q- Zq 6- p, - (Extra Fee) ❑Yes — at State,Z'+; LCL 1 • 11 Ld1:y, G A ` It z0 1 ustions PS Frirm 3800,',my 1999/ @ 'ap Instructions PPS F tg / X1999 -' �K �ry�MeLuirn i.00rp• 102595.00-M-0952 pS�orm.380 ,July -- — — —— — — ,..,4rth ?CW,_ Aection--, 100;24,4it-to- STATE OF W YORK) . - 0:0-!, •;-,„-Cilik§41ingyvith=,1--minimurrri rear yarn 9f"..1,441`405f„F-t,*1 "> ' )SS: .•?rorierly11".:2/05:-?"billette---„Driye,_'E'asti,- ,,-IviaiiOri--100b=38:3-44f,'!--.--•:-z,----.-..-- 'T- COUNTY OF SUFFOLK) . P.,1*._.N.p-4fk?),,- :'''.-;4',I `---- 3-k---tri k 03-\-e-r of Mattituck, in E ' 11`.YY`:Wq,•!$-'-'4,40.'",ikk0",06,§,tr'-1 for W-;•Vari`ance,t'tiritleisArtiele..,X*V4.!.1 eefion`---10072,4413,-19-4ocat--e„.4-%riC6w_i• I clerk of THE SUFFOLKTIMES,a weekly newspaper,c „..-.,..--.....„......,,,. _ . , „, i county, being duly sworn, says that he/she is Princ cle ,,..01%!eppgyvi,t11 qmppea,stcleygas-or tess, , nt! . “140nc'472-:',6541:(6017riO§RS,:i'47.0T i 4-';., j wl i-,,,,,,,,, 4,-.. i,- ,-. Suffolk and State of New lished at Mattituck, in thyeoTrko,wanndot i>,..4.104:-',-' -:: . -,._.- 42,:.:,,--' ' , .......'1:35`43'*,,Applm9,:f41:1:9'4„7-:-NR:Hoi:-,'::I ofSouthold, Notice i,AsIttuBAN-y-Jliig,*z`mstgatkeli--- each 1h ,Vanance.,9nderrrAxtqe!IILIPSettirinl-100-!'! Newspaper once the annexed is a printed copy, has been regularlY 1 lished in said -73,34Or in 4:bulk-garage-In an ar"exotlieni'-,, k , A3''i- —' 'a•''''`Ofin' ' ',. 3-1) X Pr YaTCL4C PPP, --°PertY.--4. for ,..„•460 Shipyard Lane, on the weeks successivly, commen ,,_-„,,,,..---vil'-,,.;,-. A..7 4, .10-44.,,sjf-,,04,41,,,67:4",,,F,-‘f,-,-,:"--..,... ,,"+,I;• , 20 • • of PIcr. :".--'''•-i'e---''-- A.'''-1-4'"N' 4837'' a' Prm?i, p:ii, p.,.. - f-,,. ,.-7:-, e-k8Hir,;',Xdin"datiettildifitUth'ii'liZ . , CHRISTINA T.WEBER ,.„-.!.,,, ,-....,•,-,,,,,--„, r.., . ,.. No. 11 Notary Public,State of New Yoa iv- / / rT,rngneWt-Ifor..!!a,V.Anancorunder.-Artrolg._ 1 W--me:.01WE6034554 • ' NW- -:sgcii)sii-41:6-239:4Awlettoc'aie-ii-En-i \Commission Expires December 13,L.,L feeti•froiw, Princi. 4 lerk I.V,•")F-0t-0..9.1).,,,.:10011•411-'1 095 „,,., „r, , the bluff a e..Long Island-.Sound. 1 -Losatiox.9f:grp,,, ,perty,r419rinyikR,o,ad,-,- Sworn to before me this \ '`•°-:8'blitlitilittl,000,2504,',1P", Vro:',---106, 41)lit: =g6P4,s0;14.4•-':,,:; day of 1-e•-•6 ' 20 _0 _ voradAm,6itqiiittitikt§A7z,xercERF, NOTICEt- -- iVir;-;•_, irti,4,1\fAi•INAtrhis;:jk4,rg,..qu'es o ,.,.:yettance„, L----•"r';'-':.'--"•-'1;E• ' 14 -. 'f':‘;'-t--iiii-iiirl:`Aiiicle tif,s-ietiOii,100:32.to 66n; isceriegoy,-t40qAigNiiIPt9e634,,,,..'-47i-A-we&,'AlitsVeliiicki-AIMii'ail B04/RD -,..;-„Fx-, , kiti . OfclOWAlgri.a'''•";57-:1-''•7 '77'''; 1/-'-'4'.‘4 dwelling eiro -110., -17 piazizc . , APPEALS-,,,-, v,rt ,,,,,,,.,..„,,I,,,,,,,,,441,,p04ingt,7„pw&l'il-5--.:11rk,-1,. P9 OF , 4,"01,7re*e§tddis'aiirkrittne5•-fq4erglf,ofitttn' 'TUESDAY,14*--1,'-BR,'Az.RXWO,P!i'"4,:q‘-- „t , the code limitation NOTICE IS Attiti3lt Oty0.41,titIr:::•.11M4Y'VARgAkPYRe,!--4F. - 1,--_,-,----.,-,-- . iiiiiii'Ye§giii3V4I-Sit ifiXr841,1E.4-4,.:AUAORAIOXJ3.,'1174.9-.1t.04.9449A, aii--.cr Chapter.- - --';'1C-KP-05Piiii;:e6a ,OrtIC.',--"',9f,..-&-foAcIT.-0/9.,4.?;R441:-P.R1q,.;#14.4,1g ,, . , _.-- --------- -1-,-;16?”P' k,,/ 1,91,4,4„C400,Ale`aMa,u91tAti1W2 -___ -- , by. 175`..,,,,',5-5,- 5'1-5,5.10' 4",,,:t,Y5ri-c.-,..5,;5-5• . ! 1 iiii4ilt be -heard -.ii- ,-..?z,*r ,'4-e^ tfligOAT-tin'' tIEDITSJ,rW;I: '.q,Alftl5 OPIDikZ!-..AP3,40,aftit:-4EPPif9,.§-447-PE7-.Wit-, -SCHEAEFER. Ap,RiMis-filf.eqeiiilliiit 33"(KAIIVIPN,.r.,:. . ' *Pr----. =',11!Ilii-,- ,ii-_ ROI'd,VOW-iti-Of41,4,1c,Vi!--YOti-4044194P4,M•ikij-00412--ftql." This is 't't'AitV4f460.'ir44e4iistrftx4Y.,F10,q:9POktAgick.X., TUESDAYin FE R- ' "!:,... '',.'; „.. 1,,-9. T,",-r ..fotpat-lt‘:13'aiedi'oittliirtifijoilt-- the times $giaikl:oe.4,.006S`004,'.,t- ,.,,Fi-911.,-,2n --,,,,--, ,,--,,-,-,-). '...:-= h -----,,,, ,-...,-,., -. ,. .-.. 11.1spoieies,seatpLithp17.-14;s2000,,Notico- _ 1 "--'.i▪fte I-nib-if wixi§gIbie)%=, 1,41,7•WL044 A. '''"-' ,,,,,-- , 6▪ ` .%tfi'.ii4A:At'"--iiiiiN61-4VP:1412VBIR 11,'''ig'7Zkk151#PF-154,435,-..,',70*.biti5a,MV5P-it:-4°s-,•in --'• V.. vF .j--..,g,,vf,,fiti-alic4t.tbif to an commercial ..,•41(.1GfilLTO ;,•,-A,:i.,,,tAtisp.,:underArt1!."9...„7‘ '! , q,,Vsifil,,.hvv;y:-.':Iiiiiaii,, 1 building,Otty,1, :e'Ofb-p?icip404,11;;a4.4.04104--:-1.,:„...VIil!yfi:0,4zi.:iirgzkil81,71- I.i iSigeafga:..-irOlii4kti-iii,tii4iiie4,k2-af414)-eA19, ,..M,1--f:--,g,';:'f(a/k/a -fr4; ibulkhead--"'-' 1:0-c Location ,Yroject-31,,o,nattoni,A71225,....g,4,1:1 ,:-..cA,, 1 44y1T1'—p',cx.5.n,,,,r, ;-Fi woo.,o,4, Project Location Sisi-i&ard,:?4-0001m1123!„-...--- 1 ".:1?i9130..akk441-0:::)31404141:Y-4ifDFIX9;.--; " 0iSiirr1Wifki4-'1,O.1,4464i;.i'VrifNirEi', Southold;kci09:474 71 •'', q4i7-4-1-,;,-,14qh-,,liAfided14:61-4AHAA,rt,figsi,,,,,, -'°,,..'0. '''4'''*‘.4014:01*---tiftY4 ,7i7.2iiiitigay-deireitifaliSfiitilkiirrilgaii--..,', issued,-....,77E .,:erkrOuoii,:stzi*agq4q5eiljndelt,f-AF,-wirt,,.evittAz ,,,,... ,ievug, `- .. ,P4?...9_61.„ , conceripg _.• , Wl-e1111;'-' :etiOg'1q .,:47,4472104tidn-wAlk.."7-Zti5f!.giralil'i'Aqr.Iiie;"._.- #?0,0:.#351,i4c!,Lip,,,kr,',_,_#045,::197,91,;4.:tAkc,...,,,,qu'oi:6-At--,;woioty:zwd.*1,040iie : -e,,,,tingAval..:of!si.,:,,I,v,,Txff*: :V.1745,13#2,CA,,,,,,i-,,s.--4.pr-_,,viiiveils6.04t6y-iii4tdi$4,04 -1 att-":eiiitinticceSioritintiditig-,in‘the".side 4 •-... .- ..-2„.. 4 hAk-,6-1,-2,14,51 -f.p,24,6. ,,,,• i..-r Location z,t-c--!--,!:-.--='-‘-!-', •'-'=•-,7-•!-Ia7iea'W,".',::-.--Parcel"7Noe,iwu-, -- . .-:an ,, . ,. • -„'-'0...°V!.1:1;i:' -f:9Vr9,P.P.M;';',.'ii ‘..tc,n ,,:- ;,'('--"ii-ii;"i`ii-idla..6-1-j•iti)-:!4, 750 r,.,-. --‘11,01ey : 941:1,;-'489-1411,..910i49944A.0"5.0.4:''''ftli-----,i. '"--- f-,--k----- in- ,-all 0,:40, 424,t4,004:421141MASIoRA , e.''Pc!,r,f,t,0,--, VP0.1,,rw, e_heir'._ .,-„,., GROV-E,-,'COR? OWnith,WMCISTKina-j: persons,: -.:006#:44#5e0.tatiye;kile,siting c-52MAity;115LtvAgiti-tiv,-,,i;',igOlitiiei,;t:,,FPeg4,11:::ei,t41.4 telrii**ifd-sifillet9 Ye'..„,..,f,-i-de,,-ei,.-_*'•_,,,,.,,:._:,7Wi-• -!-i',-a.--l--;e•r,,i•.T"--i1--d.,^,.ifAr,tic--,"ie-,,,4,•,-",-;" y-'-'',''.''T!`-..it-,:'7-•,P,-.'-bVC*----,• :t,e.t.n,-- statements,.,',•,.b•-,e---f-z9.l,.t-„O-e':-49g leflOY)9944- W.tFO' ktEF,V°,190CP. rasi4aiatieabeAeleatinexusana.rk. - 44W51)1900;#-F4'>40itOPPP14ckiAI-,iWAIVIPirigifeatlierhat'designated. 35 if4Poietyl4380; E4!5-4e available for during reg EistGIllkttef?)kgCFasPME19WAPCSo11aabiwial_busiriis louis:(8Vn.-4 S83;* 4411 )-1f40u'hav-e?qtestio -pleased9_ _ '- -1 Vs&cp,...6.-a-t „,;','„tAri,4p1;‘:46-,1A-g-§ ..-_,,,. ..iiiieKsi,tife,q4,0,#7:6 :„1809..,r I, -'E-•.--• .'31.V.- A ii;1462(t6chlabiiiit-420OFT'L:.dtd. f-aa”'STEPHEN VarianceCi 1 li i i i()k I'7'i171sArticle''isl I I: e rustI fi:,:IL,,, :',,. ::0E.itAlib, ,- j -G9EHRIN, GsF:.R, As. . -- •, -,... .,,E,7?-t-es-atpriuRmAN 40033-1ah44Viticl#,?PflY4.....e_911PR4.9k ;'--------7---`4,-------Qn- 'ouj TOWN 2t4ii:,;,!.:44i417-7:16 --Ali-e4p'siliidipi,i:11 ,-- -- ....'53:It•- ,,'.4t-t. M,.z.•-..' ,' • , - ,....,,,, ,...4,, ,,t-, -------. ,,,, ,---k-.----, .,!..?..,..,,„„.1,,..!-,..„,.•;,,fir'n9.,AT4D'pF,Y,F11PfAir-Sc- '-...P,40,:qiiieg !t)st2k05,194.,wv V9,11q.'''t ,,''''''''''' ''''''''`'''" 1.- • 41p,= 49 Dgilitlicv4.**,4fika4414•0110:04'-''i. .•');4/417 4 ..it"'1•42-'.-':•:•Z ,-'S.1,,FS ,i,,,..9VA ---- c4 ii."'":- iil -:' ' j i ----',t ?-14,---,*53i9.?5 VaiP-Itead° • mg one-family . e ttgeyyt,,,„,,,,a,,mry,wt •;„:!!..,.,,., ••.-t--:_., 1- 1_,!- -,,,-, :ii- ,,-11-9.: feet,faittia-nAl#ef,--arld.ahricaes JK:is.2-ktfna-a Afi.t.fuz:_a..;.11•F-Y...,--°-x-ht2L-- -:,---;▪ '§9'013Affgiiik ,-;faiyaicl'IoF.10i4itrh' S.,..9u.th40.,„i.!?4Y,..,;-.1.- ` 147,1t,.„.-0.,,9,19,,,T 42-1 --="- '-`-• ---' trie. he1:ii*Teck,'„arirlition:,lonfiSo,k!ol'','..L147TF8 - --• - - ---17Pi-OfertY-C-12 :10-dik--,)Q4yO, 'East--:, '-'.---Nia-r-it.,.9-0::.1,i-i-iMP4'-f,,,*.t*It fil,ki ci.9,0 _ -224,.,-5,4_:,,1-4;=:;:•;.::.;,!,' :',.- -'--3-,.4615'i oh,Airir Na4960:t-limiliN.-I , — AND JACQUELINE TAEsc II:,This ' ,iia-re ,; , „4:.nat, 1,...,,-, - ctuest----Wa yatiaqe,9411er,dracre -.;#1;S'ecttolgf09-,j3lrogente-1_an'acces'stily , -;illeVii..R,W11VT6WY9ifierltitali!,Ciiira,410:: -;f4.44.911'YocWifilt -*,titioai-J4u-' Avenue,Southold; •.., 2:05-:ipi-m ,,,,,,,opt.:,NO..',4g1 -.:- , -fii1614Allti--TliiAD9„.Tiiii,yii,,:kT-4uegt: kii,',#fiii.ce:z0-#100rjrai,4,c1saiipn. ,, 9667.3, f6eitill§iispf,140415,oligc:0.74.v ,r.r$,•:•*.fiiiiiiin$41(stiFip,._arkArptitheplhar,p--, designated„,, - ,,,a1,7, ,,..-g,"9.;,•,,, :ii,4 ...,_,. a",-;1. reg-.1.441 ` z1-9P-e,q3' .''”•! jddi,ti4Or,-e3-0-'=P,i-i,-;,;P511.Osi#F''.14,;70‘ Road tikkg >'00071111811;j' 'P, 7440:p.4.i-Ak10r4414?;:ui MORKEIiliii!hF1Igque#tfolTx!"-,•-'':;• -.: "-- „Vaii‘gnalti-deVgritcleeiril;-fgatiaiiIiiO4 ----• ,,!--ari,•:_:-.• •,4C1. ,,,,i4V.,,,,,J r! ,t33,to.19919ittr•acc,eSrry.,r1,111#1!!,14•1?° ,. -,:i,'iilt411'*i:t94i.c,i!7tifir,i,'4.',p,,e940.004c yard- fiP,-60Wiaicy.'244,Airg,waterfront parcel h Location of2i!.:06.4.-. 945:19ilildlisvf:„ -,-AST-e-iiii-,;'r,;eldiknietoq0,26WIzii$i.'1,:"',r.,,, -1 rIlyv;wifir.,,,kiiii:,,: 14,-- -:,49,-, 1,,,iya-47-Otkr,,r, 76-11--0V-ettlV.'irOVETEN,C13,F14Wa: APPEALS BOARD MEMBERS 1 �,f ' Sr�FFOL/- d \ A � i?"' < ,' Southold Town Hall Gerard P. Goehringer, Chairman ��� : 53095 Main Road James Dinizio,Jr. co) K P.O. Box 1179 ze Lydia A. Tortora ' ^* �t Southold, New York 11971 Lora S. Collins ;'1, , -<r., -..'`��/ ZBA Fax(631)765-9064 • George Horning ! 1st � se Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 27, 2000 To: Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Anthony B. Tohill, P.C. P.O. Box 1330 Riverhead, NY 11901-0903 Re: Appl. No. 4837 — Cashy Variance Project (Hyatt Road) Gentlemen: This will confirm that the public hearing in the above matter was recessed as requested by Mr. Cuddy to allow additional time. The hearing is scheduled to reconvene on Wednesday, February 7, 2001 (tentatively for about 8 p m.) It would be appreciated if both your offices would notify your clients who are adjacent or interested in this project or who may wish to attend. Thank you. Wishing you and your staff a Happy New Year! Very truly yours, GERARD P. GOEHRINGER CHAIRMAN i► • :; 1 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631) 765-1809 fax (631) 765-9064 January 30, 2001 Re: Chapter 58— Public Notice for Tuesday, February•27, 2001 Hearing Dear Applicant (or Agent): • Please find enclosed a copy of the Legal Notice describing the recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, on or before Friday, February 16th, or as soon as possible, including a copy of a map showing your project area, to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address.for a neighbor, you may want to send the notice to that address as well. By Friday, February 23`d, please submit to our office your Affidavit of Mailing (copy enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us (but not later than February 27th). If any signature card is not returned, please advise the Board at the hearing. When picking up the sign, a $15 check will be requested for each sign as a deposit. Please post the Town's official poster/sign no later than 2/20/01. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is furnished for each front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. Within 20 days after the hearing, the sign and stand should be returned to us. The $15 deposit will then be returned to you. If the sign and stand are not returned within this 20-day period, the deposit will be non-refundable. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, ZBA Board Members and Staff Enclosures - c NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, FEBRUARY 27, 2001 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, FEBRUARY 27, 2001, at the time noted below (or as soon thereafter as possible): 7:45 p.m. Appi. No. 4837 — H. CASHY. (Continued Hearing). This is a request for a Variance under Article XXIV, Section 100-239.4A.1 to locate an accessory swimming pool and hot tub construction at less than 100 feet from the bluff of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold; 1000-50-1-3. Charles R. Cuddy, Esq. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of the above hearing. This hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: January 30, 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 e -RANSMISSION VERIFICATION REPORT , . N TIME : 01/30/2001 16:01 DATE,TIME 01/30 16: 00 FAX NO./NAME 3699080 DURATION 00:01: 08 PAGE(S) 02 RESULT OK MODE STANDARD ECM r' Page 65 —October . WOO ZBA Public Hearings , ,,, ----) Town of Southold 8:57 P.M. — Appl. No. 4837 — H. CASITY/M. MISTHOS (Continued hearing from 9/14/00 and 8/10/00). Proposed swimming pool and hot tub at less than 100 feet from the top of the bluff or 1 bank of the Long Island Sound, at 1900 Hyatt Road, Southold;Parcel 1000-50-1-3. CHAIRMAN GOEHRINGER: Is counsel present? Counsel who made the application? Is there anything you'd like to start out with Charles? CHARLES CUDDY, ESQ: Yes. As the Board may recall this application was made in July - it was heard in July. It was then adjourned at the request of various people until August and then September and now we're here again. So this is our second hearing. My clients are Mr. and Mrs. Cashy, just to give the Board some idea of what they're doing. They want a pool that's in the 100-foot bluff area. We're 74 feet back from the top of the bluff The Cashys have three children. Mrs. Cashy is (inaudible-papers rattling at dais). Mr. Cashy owns his own company. They come here frequently. They come on weekends during the summer. They come during the fall, winter and the spring. So they use this house on Hyatt Road essentially on a yearround basis. They would like to have, virtually everybody else has with this type of house, and that's a pool. The pool is in as I said, in the bluff area but we've said to the Board and I think you have before you evidence that there's no destabilization of the bluff and that we were concerned with ', drainage because drainage had been an issue of that site. We've had engineers work on the drainage; we've delivered to you special plans, and I have both Mark Schwartz who's a an architect and John Condon who is an engineer here to explain their plan to you to show that there will be absolutely no water that will go from this site on to the site to the west of this concern. So I first like them to discuss that with you. MR. MARK SCHWARTZ: My name is Mark Schwartz. I'm an architect with Cronin & Condon Consulting Engineers. CHAIRMAN GOEHRINGER: Would you raise your right hand. Do you solemnly • swear the information that you're about to give us is the truth to the best of your knowledge? , MR.SCHWARTZ: I do. CHAIRMAN GOEHRINGER: Thank you Sir. Could you just adjust that mike a little better so we can— BOARD SECRETARY KOWALSKI: Just pull it closer. That's good. CHAIRMAN GOEHRINGER: Thank you. , Page 66=October �. , 2000 ZBA Public Hearings Town of Southold MR. SCHWARTZ: I believe you have in front of you a site plan indicating site drainage and site drainage calculations. We divided the site plan into nine different areas. We've used the coefficient runoffs based on Southold Town Code and based on overall calculations, we believe there will be additional drainage pools required. We've shown one set of pools in the driveway area, and a second set of pools beside the existing house which will accommodate the volume required based on a two inch soil & water 1 calculation, and that is it. CHAIRMAN GOEHRINGER: We just recently, it's not that we don't believe you, I just took it upon myself to send this over to the Town Engineer to review, and I just, I have had and seemingly do not understand why the builder of this house - this has nothing to do with the owners of this piece of property, built the existing drywell, storm drain, whatever you want to call it, in its present location which you're referring to on this site plan as existing pool. I just think it's in a poor location. I think it does, it could infringe .• upon the cliff itself. I'm not an engineer. But I very rarely ever see something like this to be done. ,Do you have any particular problems with this existing pool as it exists? I'm referring to the one as shown. MEMBER COLLINS: You mean in Area 3? CHAIRMAN GOEHRINGER: In area 3. Yes, I guess you'd say area 3. MR. SCHWARTZ: No, I don't but I do believe that is somewhat the natural lowest point of the property and had been excavated to some degree to accommodate that but I believe that's a natural low point of the property. r CHAIRMAN GOEHRINGER: Is there anyway of moving that, or piping that to an alternate location? MR. SCHWARTZ: Yes, actually part of our proposal is to pipe that to the new pool that • we're proposing right next to it. CHAIRMAN GOEHRINGER: OK, which is in area four. MR. SCHWARTZ: So it's a combined chain reaction. CHAIRMAN GOEHRINGER: All right, any questions of this gentleman? Ladies, and gentlemen? No? I guess not. Thank you. Mr. Condon. MR. CUDDY: I would ask and I assume that it has been that that plan has been made part of the record, and I also ask the Board to accept two copies of decisions that the Board has made within the past sixteen months which affect properties on Hyatt Road in • the bluff area. One of them is from August of 1999 Carnavale. They ended up 25 feet from the bluff They started closer. They started 31 feet but they are now at a point with a deck that has essentially 25 feet from the top of the bluff area. The other was one that • 1 ' Page 67—October ,-2000 ZBA Public Hearings Town of Southold was done recently, Leudesdorf They are 70 feet back to the top of the bluff and both of these people are at the same street, Hyatt Road. They're both to the east of this property. So I would just like to make those part of the record. CHAIRMAN GOEHRINGER: Thank you, Sir. What else would you like to tell us, Mr. Cuddy? MR. CUDDY: At this point I understand that there are people here who are opposing the application. I don't know the basis actually of their opposition. I'd like to reserve the right to respond to that opposition. CHAIRMAN GOEHRINGER: Surely, at any time. We are ready, Mr. Tohill. ANTHONY TOHILL, ESQ: Thank you Mr. Chairman, Members of the Board my name is Anthony Tohill. I'm an attorney. My office is at 12 First Street, Riverhead. I'm here this evening with Mary Butz, who is one of the residents in the house to the immediate west and seaward of the Cashy's residence. I am also accompanied by Steve Maresca, Consulting Engineer, a familiar face to this Board. He's going to talk about the exact details of this proposed pool, hot tub, and patio arrangement. He's also going to talk about water runoff on the property. I'm here accompanied by John Tooley from North Atlantic Laboratories, who is an expert in environmental matters including geology and noise transmission, including transmission of noise from hot tubs and pools. I'm also accompanied by Patrick Given, another familiar face to the Members of this Board, a certified appraiser who is going to discuss the impact of a grant of the variance relief on the property value of my client, which is a fact that the Board knows, which is very important. Behind me and in front of you this evening, and counting me as well, there are eight professionals. Eight professionals plus or minus how many years of college or post-graduate education, and we're all here this evening to debate whether or not Lydia Tortora would be comfortable as a Member of the Board, if I were to present this application right now standing up here (on the Board dais). Does it have any affect on you if I stand here and present the application? And I'm watching the body language of Lydia Tortora right now, and she does not need to answer that question. The point has been made and if I don't kill myself, I'm going to get down from here right now. CHAIRMAN GOEHRINGER: I should have had you sign a waiver before you got up there (jokingly). Mr. TOHILL. Yakaboski is still drafting it (jokingly). MR. TOHILL: Here's the problem in a nutshell. The words that come to mind are awkwardness, incompatibility and please God, sensitivity. The four of you here this evening are our way to redemption on this application. This has become a test of wills. The Cashy side wants a swimming pool, a patio and a hot tub, and they want it in a style where I would be addressing you atop Lydia Tortora's left shoulder As Mr. Cuddy indicated, the Cashy family hasthree children. We do not have three children on our site. Page• 68 October 2000 ZBA Public Hearings Town of Southold We're equal under the Zoning Ordinance, and the flag was still over the White House when I left Riverhead tonight. So we're OK here with you if we can make our case under the law that we please want to be left in peace on our property. What we do on our property is not maintain a swimming pool. We do not have a 2100 sq. ft. patio together with the deck twice the size of the existing house-more than twice the size of the existing house. The largest single structure for indoor and outdoor living on that whole stretch of the bluff. On our side of the boundary line this is what we do. I'm holding up in my hand and I'm going to hand up and make part of the record, the August 27, 2000, New York Times Book Review and you'll notice that the cover is about a new book and the author is Diane Ravitch. Diane Ravitch lives in that house that I'm trying here tonight to protect, and that book was written and I'm handing up a photograph; it's already marked Exhibit A. It was written in the top study or what was once a bedroom, which will look right out at the hot tub and the patio and the pool. There is no massive separation between these properties. As Exhibit B, I'm handing up a photograph, which is a shot from the south or landward'side of the Ravitch and Butz house looking north to the sound so that from the bedroom that that shot is taken next to, to the boundary line, the common boundary line is a distance of only 10 feet. Now here is a shot marked Exhibit B, from the backyard from the Ravitch and Butz' residence which shows the scale, the awkwardness as I mentioned before of:the Cashy house as it now stands vinyl sided towering over the residence of Ravitch and Butz. Now that's allowed under the code. The house does not exceed the height requirement. It actually complies dimensionally with the requirements of the code and so one can't easily or fairly complain, and these neighbors have gotten along well ) until now. We hope we get along after this. However, we just want to be treated equally as they under the Code and under the Zoning Law and I'm going to have something to say about the'Zoning Law before the evening is finished. Zoning Laws is understood by, the Appellate;Division of the Second Department of the Supreme Court of the State of New York where cases exactly on point have been treated. Multiple times, three times in the last eight years in Supreme Court, Appellate Division, in Brooklyn. Swimming pools and the question of whether or not a Board has a special standard to deal with in considering an exact application of this kind. I'm going to hand up the text of each of those. I'll hand up Mr. Cuddy a copy of them as well. Here is the problem, or, the beginning of the problem. Here is Exhibit D. This is a view from the Ravitch/Butz's property line with Cashy looking due east across the back of the Cashy property and you can see that there is a change of grade that is very impressive from one side of the property to the other. Here is the opposite view. This photograph is marked as Exhibit E. So this is from the property to the east of Cashy looking back toward Ravitch and Butz where you can see the tremendous change in grade, which is a major complicating factor because it means that when things change on the Cashy property there are engineering, there are structural, there are water runoff considerations that were raised by the way on July 6t. Member ,Dinizio, started it at the beginning of the meeting. It didn't go anywhere. At the end of the meeting, Member Tortora started into the same thing. It didn't go anywhere. It was all left unresolved as a result of which nobody ever really got their arms around the problems. Tonight we hope that we're going to get our arms around the problems. Here is a photograph marked as Exhibit F and another one marked as Exhibit G, both dated July 3P` of this year I don't think anybody on the Board can claim to remember July Page 69—October L, _000 ZBA Public Hearings f ' Town of Southold 31d. It was simply another rainfall. Not a two-inch rainfall but what the Chairman is holding in his hand, and I hope he'll pass it around is two photographs on July 31st showing the water reception ring that you said was in a bad place. That the architect said was in the right place where we have ponding with that overflowing within 20 feet of the Ravitch/Butz house as a result of which they're taking water in the basement of that house. The reason is, the Cashy residence was built so that there is a slope, a tremendous slope from side to side where the water has to go some place and that ring is not taking it and I haven't read, we haven't seen the coefficience or the other numbers but Mr. Maresca is going to talk to you tonight about what it takes to catch the water on that property and there's nothing there to catch the water right now. What I just handed you is a Joe Ingegno drawing that shows part of the problem here. You know from the drawing that you saw on July 6th, the one that Member Dinizio • picked up on, right at the very beginning of the meeting, that if you stood on the east side of Cashy, right where that patio is going to begin, on the east side of Cashy, you would be at an elevation 52. If you're standing and you can orient that drawing so you're at the southeast corner of the Ravith/Butz residence you'll that the elevation is 34. That's an enormous change in a distance of about - it's less than 100 feet. In fact, if you look also at the drawings you saw on July 6th, you will .see that Member Dinizio pointed out that it dropped from 52 feet on the east side of that 2100 sq. ft. patio to 40 feet on the west side of the same patio. 40 to 41, 42, is right in that range. That means that one of them dropped from 42 feet to 34 feet in only the last 30 feet running from side to side. So that from the bulkhead for the new hot tub, from the west edge of the proposed patio, you would drop 8 feet from 42 feet to 34 feet in a run of less 30 feet. That is an extraordinary change of grade. There has been no effort to address any of that in any of the material that has been presented to you so far. So here's the problem. We have a house that's on top of us. That the reach of the house toward the Ravitch and Butz house will double, literally double and then some, as a result of the introduction of this change in that neighborhood. So the proximity on a linear basis; we have this different kind of proximity where they're on top of us. The result is that the construction is going to be dramatic. Mr. Maresca is going to try and describe that to you. The result is that there's going to be water runoff that hasn't been addressed. It's been alluded to here but it has not been addressed. It sure hasn't been resolved. You have a vinyl sided house, the Cashy house. It's hostile to the absorption of sound. That's why you don't have vinyl in rooms like this. It would be bouncing off of everything and so what will happen is that the children play in the pool, or as the adults drink their cocktails on that 2100 sq. ft. patio with the deck above it, in the hot tub, not even 30 feet from the revenging Butz bedroom and right there at the study where minding their own business, it's not against the law, somebody is writing a book, or, writing an essay, or, getting ready to teach at NYU or some school in New York City. It's not against the law to do that. It's also not against the law to have three children that want to have a pool but it is against the law to be indifferent to each other, because under zoning you try to institute stability and try to say, it's OK to be distant a little bit from each other. It's OK to keep your noise on your side of the fence. It's OK to keep your surface water • Page 70=October%r,, 2000 ZBA Public Hearings Town of Southold runoff on your property. It's OK to be sensitive to each other. That's what we're trying to get to tonight where we can raise the level of the inquiry so that everybody understands it's not fair just to dump this thing right on top of my clients who will be blown out of their house, which would become a receptacle, not for a pleasant retreat from New York City - into a receptacle for noise and a receptacle for insults. Not that the Cashys are clearly insulting my clients but simply it's insulting to be insensitive and indifferent and they want some respect, and they're here asking you to provide that respect and they're confident,comfortable by the way that you will provide that respect based upon the law. Now I mentioned before that there's actual law directly on point. If I hand this up I know there's a number of teachers and former teachers in the room, that I'll lose everybody's attention. So, therefore, I'm going to hold this for the moment and please don't even try to read it tonight. I'm going to defer it this moment first to Steve Maresca and then to John Tooley and finally to Pat Given, and I hope to get up as briefly as I can on a sum of the law and how it applies with the facts presented to you. Thank you everybody. CHAIRMAN GOEHRINGER: Will you raise your right hand. Do you solemnly swear that the information you're about to give us is the truth to the best of your knowledge? STEVE MARESCA: (Raising his right hand) I do. CHAIRMAN GOEHRINGER: State your name. MR. MARESCA: My name is Steve Maresca. I'm a professional engineer. I have an office at 188 Montauk Highway, Hampton Bays. CHAIRMAN GOEHRINGER: You came before this Board once with an issue on Long Island Sound in Cutchogue, I believe. MR. MARESCA: Yes, I think so. I've taken a look at this property and I guess my review has been two-fold first, the positioning of the spa, pool, deck, and also with respect to the drainage. I've worked up a little handout if I may give the Board Members a copy of it. (Handed out copies to the Board.) MR. MARESCA: What we've done here to the best of our ability with the information that we had is try to do a little bit of a sketch showing the relationship of the two buildings to each other. The property on the left is the Cashy showing the original house, the existing deck and the proposed patio. On the right you'll see the Ravitch house. What we've done here is to take a cross section through the new pool, patio and also the single-story portion of the Ravitz/Butz house and that's on the second sheet. You know this is a drawing to a scale, but it gives you an idea of just how imposing this particular spa is. The edge of this deck is approximately 22 foot off the property line. That is on the Cashy,'property. The existing Ravitch house is approximately 10 foot off the deck, a total of 32 foot separation. That's probably less than the width of this room. The floor of Page 71 —October,l_, L000 ZBA Public Hearings Town of Southold the Ravitch house is probably somewhere around where this floor is. The deck itself is somewhere around and you put it so below the ceiling so. We just want to try and point out just basically how imposing it is when put into scale with respective of what we have right here. One thing we're asking for is that it would be released somehow in pending a release as far as the size of the deck, location of the pool, location of the spa and the elevation of the deck. Now at the time I originally did this, I didn't realize that there were a number of proposed of drainage on the property and I've worked up some basic numbers as far as regards to that and well it certainly is needed. On the cross section you can see how the flow of water goes down towards the Ravitch house. The first photo I have on the next sheet is facing the Ravitch property, and you basically see the second level deck and where the first level is at the top of those trees. The patio itself will be level with the arborvitaes that we see along the property line. People are not looking over. The actual vegetation provides you know some privacy at this point. The picture on the next sheet is on the Cashy property looking back at the single level portion of the Ravitch house. The third photo shows us the location of the drainage structure. This is located very close to the Ravitch house. It appears to us that most all the drainage right now is directed towards that and certainly something you need to have done, which they seem to intend on doing. We just like to have the opportunity to take a look at this and see if you can make any suggestions to try and cut down on the amount of water going to this corner of the property. The next photo is on to the front deck of the house. There's a ravine cut open by the flow of water. This water is going towards the west side towards the Ravitch property and naturally down towards where the bluff is right now. I've worked out some basic calculations but I think that's a moot point right now. I think you've got to do is take a look at the proposed drainage we have. I'd like to go back again to the cross section that would show the general location of that existing drain. That drain is almost level with the basement that we have on the Ravitch property. As a drain accepts water naturally it tries to direct water, the water is absorbed by the soil. The soil becomes saturated. At this time we are getting water in the basement of the Ravitch property, and I feel this is partially because of the amount of water that is being put on in this corner. But like I said, I'd just like you go take a look at the drainage they have there now. Do you have any questions? CHAIRMAN GOEHRINGER: Actually this is a very valuable tool for us, this one right here that you put together. MR. MARESCA: Yeah, it really illustrates it. CHAIRMAN GOEHRINGER: It really illustrates what we need and Mr. Tohill jumped into this, his side of the application without my stating that I spent the better part of three hours at the Ravith/Butz house one Saturday morning and not only did we look at Ms. Ravitch and Ms. Butz's property but we looked at Cashy's and then we walked all the way Page 72-October �. 2000 ZBA Public Hearings Town of Southold down we must of walked at least four to six properties down just to look at the contour of the bluffs and any changes that were done and there was a blowout on the top with one of the bluffs,which was changed and Ms. Ravitch did point that out to me. But what I began to realize was basically two issues and that is the wall between both of these properties which is a recently a timber wall, I had sincere concern about because of the nature of this drain and it was sometime subsequent to that that the water appeared in the basement and so then it became a concern to us in looking at the application. I was looking at it at • that time purely as a water drainage problem, and I was not addressing all the other issues that will be addressed tonight, OK, in reference to the noise situation. At that of course was the reason why I asked counsel's architect regarding that particular storm drain as it exists now because it appeared to be a great problem to me. I mean I can see it taking a wall out in this situation and that was a concern to me. The other concern I had was basically that of the closeness of the properties and the nature of that closeness, as it existed. Not only was I given a tour of the entire house I was given a tour of the entire property and it became a difficult issue for me because the nature of this drain was draining into the top of a bluff, which although it's completely foliated it appeared to be relatively stable you really never know. I have relatives that live in Mattituck that have moved their house back 130 feet because of situations like this. If you look at the front yard of tliis house now it's dropped almost 60 feet and so I have sincere problems with these types or applications of getting, you know, water to very simply dissipate on whichever way you use as a process. So .I.think it's an effective tool. I think we may have questions in the future of you. We'll of course spoke through your counsel and we will go from there. Anybody have any questions of this gentleman, ladies and gentlemen? No, we thank you. ' MR. TOHILL: Mr. Chairman, can I ask that Mr. Maresca not sit down until he addresses the following things. The July 6u' meeting, it was mentioned and agreed without opposition that brick on sand patio was pervious, not impervious, and that there would be no water runoff After July 6'a meeting, it was mentioned that there be no disturbance of the existing vegetation. The July 6th meeting it was mentioned in the architect's letter that the drainage ring will be built self landward of the existing drainage ring that there has been so much discussion on tonight. I want Mr. Maresca to address with you: a) does he agree as a professional engineer with some expertise.on that subject that that brick and sand is pervious? b) If he does not agree, is there water runoff to be expected to the northwest towards the Ravitch/Butz kitchen door? c) Will that water somehow make a left hand turn and head toward Mattituck as if it were Mattituck water, when it's heading northwest behind the hot tub, north west of the hot tub? Don't forget if I'm standing where the hot tub is, where the northwest corner of the proposed patio, Mary Butz is standing where that ring is. Will the water know to come around, hang a left and go back that way and next question; d) Would the introduction of new drainage up here where I think it's going to be necessary have anything to do with the removal of the oak tree and the other'vegetation that you were told wasn't going to be removed and finally back to point that you just made, Mr. Chairman, will the removal of the oak tree and the introduction of that drainage ring have anything to do with the stability of the bluff? Page 73 —October 1_, _000 ZBA Public Hearings Town of Southold There's about five or six questions but I think they bare right on what that conversation was. I'd like to hear Mr. Maresca opinion. MR. MARESCA: With the construction of the patio where it is will affect the brick block off water going toward that existing drain. As a matter of fact, that existing drain is very close as opposed to the retaining wall. The retaining wall is rather large. They probably have to remove that to begin with just to build a wall. Naturally water from the property to the east is coming on to the Cashy property as well as the water on the Cashy property, that is going to be contained somehow and it's going to be rather large structures built to the north of this proposed patio. That's going to put it very close. I don't know if it actually hits that vegetated area or not. This is something that we want to try to review. It's going to be putting up water into that soil. It's going to saturate that soil and it's going to be going towards the brick. That something we may want to try and reduce. One method of trying to reduce that is, increase the amount of drainage in the front yard, not allowing it to come back towards the backyard. That's going to be both in the front east and west side of the Ravitch house. MR. TOHILL: Would the introduction of a ring there cause the removal of trees and if that were to happen would that have any intentional impact on the stability of that bluff? MR. MARESCA: Well certainly we're having water being placed in the soil saturating the soil that closer to the bluff Right now that bluff is stable. But we're certainly not helping it. I can't say that it's going over the bluff now but it's certainly a step towards that direction. We certainly want to make sure we contain any surface water as I'm not allowed to run over the size of the bluff or go on the Ravitch property where it will go towards their bluff as well. So the drainage is rather complicated in this. There will be rather large structures to the north of this ( ) patio and so they will be imposing even more than is said really on this clearance on the top of the bluff. MR. TOHILL: And will the coefficient drainage cause water to run to the north of the brick and sand patio? MR. MARESCA: Well, with a brick and sand patio I mean if water lays there long enough it will eventually seep in but during our normal 10 year storm what it was designed for a very large portion of water will runoff On my last sheet that I have here, they give different coefficience for runoff, and they have gravel that's coefficient to run. I would have to think that solid brick is going to low water than ground water. I assume somehow, somewhere around 60-70% will be more appropriate to use it, not 90%, the same as asphalt will runoff on a patio like this. So they are increasing the runoff somewhat from what you have right now. CHAIRMAN GOEHRINGER: Thank you. MR. TOHILL: Mr. Chairman, also the Board, at this time I would like to call John Paciulli. I'm going to hand up right now so that the Board has that in its random. Page 74-October .v, 2000 { ZBA Public Hearings -� { Town of Southold CHAIRMAN GOEHRIGNER: Thank you. It's just a normal process of swearing the person in: since we are not familiar with them. Raise your right hand Sir. Do you solemnly swear that the information you're about to give us is the truth to the best of your knowledge? JOHN PACIULLI: (Raising his right hand) I do. CHAIRMAN GOEHRINGER: State your name please. MR. PACIULLI: John Paciulli. CHAIRMAN GOEHRINGER: Thank you. MR. PACIULLI: I was also consulted in consideration to this case particularly for not only geographic and geologic indications of the drainage issue, which again I will go amd belabor again unfortunately and also with respect to other potential deference that might be caused to the use of the RavitchButz property. As you know both of these properties are existing abutting to each other and there is a'substantial as previously mentioned a change in grade as you know where your current positioned on the Roanoke bluff as you may be aware, which is a homogee recessional terrain and due to the topography given the topography here and the geologic units which are considered, you have key pieces of ) vegetation which are added to the stabilization of the bluff And that is the mature oak which exists southward land side of the present bluff. I would also definitely like to address this drainage issue. I would say that I concur with, it's my understanding that additional wrong calculations have been made. However, the wrong calculations that have been presented thus far have failed to take into consideration additional drainage requirements as well for the operation of the pool, by this I mean backwash cycles for the cleansing,of the filtration devices, et cetera. It is very apparent to myself and I'm certain. to the engineer here as well that these drainage pools would not be a viable installation in the backside of the bluff and they would have to go along the one side of the westerly side of the Cashy property in a combination or a staggered type combination to be able to affectively handle the additional bluff. In addition to the surface runoff issue, which I think has,been fairly well covered at this point, there are some other issues that have to be addressed as well Due to the sharp change in grade and by my estimation and in review of the plan which has been provided to you as well, from the indication of the topography at 52 feet along the east side of the Cashy residence to the 34 foot Butz residence at least along their easterly side, there is a considerable change of grade over 90 feet by my estimation of that. Again, with the one location where it is you end up with some type of perch. It was also my observation that for the installation of this proposed brick and sand patio that the normal procedure for such a thing is to develop a mean level across that change of grade. The mean level across the change of grade by my estimation would be no less than 6 feet above it prevailing grade at the east side of the Butz property. This is to say that when you're standing at that property and you see the small 3 foot timber retaining,wall, and you have the arborvitaes planted there you would anticipate no less • Page 75 —October 1,, ZBA Public Hearings Town of Southold ' than a 6 foot increase in grade from that point, OK, to be at the mean level of what would be expected in a changing grade. Normally you're using that medium grade from the hill. You're taking this going this-way back throwing everything at the lower end of the property again which changes the whole drainage component. But nevertheless, not only do we have this, you have some other environmental qualities used with the particular concerns to sound pressure levels that are going to be increased as a in anticipation of this and these would be in two different forms. There are many different types of sound as you may be aware. Some is impulse noise, intermittent noise. This would be noise of people congregating out in these areas at the hot tub which is the spa, whatever it is, is very, very close in proximity to these other areas. That is one and the other issue is wherever this pool is going to be installed you're going to have ancillary equipment to power the pool itself. More than likely I doubt that these people are going to be interested in vacuuming their own pool, so they'll require two pumps for the pool itself and one for the spa minimally. All of these are introduced as of what's called narrow band sound. It's a constant droning hum and again, it is standard procedure to install these things at the periphery of the existing or the proposed I should say for the same patio. If this were the case, where might they exist? This is my question. There have been no provisions made in the previous petition for variance at all for these items. Where are they going to be placed? And if so are there any sanutenuating considerations that have been made to be sure that this is' not.exceeding EBA, DOT or other sound ordinances for residential environments. It is understood that the Town of Southold does not have a residential sound ordinance. I could quote you chapter in verse for almost any other township and village for example and you know around here, around these parts is usually around 60, 60 decibels which could very easily, very easily be exceeded by just a narrow band not even including the impulse sound that would anticipated as a result of this installation. Further aggravating that is you have a sound pressure level has a specific pattern of propagation - by propagation I mean by the way it spreads. It spreads in a spherical way from the point of source. Now by the proposed installation of the pool what you're then developing if you can imagine this analogy is a coffee saucer where you've broken off one piece where the handle is down to the base. If you can understand that all sides of this property are now enclosed, two by semi, semi absorbive sides- it's the natural bluffs to the northward and to the east of the property. However, you're going to be installing one that is not going to be of use to sound absorption at all which will be the water, OK, sound moves across water extraordinary quickly. It actually tends to accelerate sound pressure due to the nature of you know the phenomenum of the water itself. -This would also be contaminated by the presence of the two-story towering vinyl siding, which is also not conditioned to sound absorption rather sound reflection. In essence you can face almost 270 degrees and still expect a reasonable attenuation of that noise naturally to the north and west which is exactly where the RavitchButz residence is and the study which is you know perched nearly 30 feet. And I don't dare say that it is 30 feet. I think it might be less than that by my estimation - but extraordinary close and at a perched elevation again if you're considering a spherical away from it's spherical in all directions at one time, thus saying that anything that's going south is reverberating off and coming back down. Anyone who is congregating by the spa all that noise if it's coming anywhere it's coming more this way than anywhere else So you're creating a Page 76- October 2000 ZBA Public Hearings �� 1 Town of Southold bowl more or less of collection, of sound collection and the only place it really has to go is the place of least resistance which is the lowest elevation and there's actually there's another compounding effect further compounding effect which in this initial analysis I had mentioned and that's a fact that their property is so close that they'll actually end up 1 with an echo as a result of it. t CHAIRMAN GOEHRINGER: So how do we change this? MR. PACIULLI: Well there are a lot of different things that you can do. First I'll go through my list of recommendations that would make this a much more palatable and geologically friendly application and I think that one either reconfiguration of the installed components on the patio and the removal of the reduction of the size of the preexisting deck. The issue here is proximity. And the way that sound works the more distance we have between two things because of lot of rhythmic devaluation of sound pressure and velocity the greater distance we have, the more the sound will go down naturally, OK, that's one thing that you can do. It seems a very easy thing to do without too much of an infringement upon your neighbors. You know if you have some consideration. That's one thing that you can do. Another thing to do would be to install some type of a sound attenuating barrier. There are different types. There are vegetative types that usually attend to be much less effective. Arborvitaes are not a bad source but however the arborvitaes that are existing currently would not be sufficient as a result of the height of the arborvitaes. (Interruption for change of tape). You have a sound attenuation issue that you know that could be formidable. The other thing is, secondary sound absorption and retention shields for pool equipment or for housings for these units perhaps a,provision can be made that in the construction of the retaining wall fortification for the grade stabilization that a portion of it could be structurally fortified to house the interior of that grade elevation in the shallow under the pool. Another thing you can do is you can change the orientation of the pool. You could relocate the spa. That's a really good idea. Relocate the spa. Move it closer to the house. Move it to the corner where you have the two natural land masses abutting up against each other. They're many different things that you can do that will make it a much more environmental friendly proposal'all together. The last thing I had said was the installation of additional leaching pools is definitely required based upon the calculations that I reviewed and I'm familiar with Mark Schwartz' work as well and also Mr Maresca's, and I concur with their findings that absolutely they're will definitely need to be additional drainage accommodations made. And I might even suggest that it might not be a bad idea that that first pool be rendered impermeable piped by a two inch pipe down alongside of the property'and then into a staggered chamber configuration of leaching pool so that it might percolate:further landward as opposed to be right in that spot, and it may also help to alleviate the issue of periodic drainage, or to correct flooding in the basement. CHAIRMAN GOEHRINGER. Are you in a position to furnish this Board with some type of environmental plan for creating an environmental barrier between these two pieces of property? j . • Page 77—October 1,,_,.000 -ZBA Public Hearings Town of-Southold MR.-PACIULLI: Yes, Sir. Do you have any other questions? CHAIRMAN GOEHRINGER: Any questions of this gentleman, ladies and gentlemen? No, thank you. MR. TOHILL: Mr. Chairman, at this time we would like to call Pat Given, an appraiser to testify the impact of value. CHAIRMAN GOEHRINGER: Mr. Given, I know your business but I still have to swear you in. Would you please raise your right hand. Do you solemnly swear that the information you're about to give us is the truth to the best of your knowledge? PATRICK GIVEN: (Raising right hand) Yes, Sir. CHAIRMAN GOEHRINGER: And state your name: MR. GIVEN: My name is Patrick A. Given. CHAIRMAN GOEHRINGER: Thank you, Sir. lvllR. GIVEN: I have a qualifications to hand in. As mentioned, I'm a Real Estate Appraiser and I have been asked to look over this application and to kind of judge what impact if any, this calculation if the project is constructed would have" on the Ravitch/Butz property. And based upon my analysis of this project plus, you know, coupled with the drainage problems and the sound problems. I would say that there's no question in my mind that there would be a negative impact on value. I think that one of the most dramatic things, I mean we all, I think, there's no argument that there's going to be an increased level of sound. I think that Mr. Tohill's rather dramatic demonstration there of height, that's one of the most troublesome things I think from the value standpoint in that if you conclude, I think they said- the applicant indicated it's was going to be 4 to 5 foot high retaining wall at their westerly most part of the patio, and if you add to that the height of an average human being let's say somewhere in the 5-1/2 to 6-1/2 feet height you're going to have a 10 to 12 foot height of people looking into the property and, you know, their property continues to slope down they're going to be talking at normal voice, right into the house. It's going to be a loss of privacy. The house does not have air conditioning. During the summer months you're going to have the windows open on the first floor there, so that they can get the breezes in and what's going to come of that is there's going to be the noise from this large patio and the pool and the hot tub. I feel that these factors will certainly have a negative impact on value. Probably the most important, an appraiser tries to measure market reaction to a property, and we do that by looking at historical evidence. What has something sold for that is similar et cetera? When we don't have something that we can point to we try to make a judgment as to what we think would be market reaction. Now the Ravitch/Butz house has been in this location for more than 75 years or a substantial period of time, and over that time there has been erosion and as you know this house is very close to the current bluff line; and Page 78 ;Octobei __, 2000 ZBA Public Hearings Town of Southold anything that would be projected to be built in proximity to their house that could possibly interfere with that bluff, would have a dramatic impact in my opinion on market reaction to the Ravitc/Butz property. Because if you start to deteriorate the bluff certainly to the east of their property, I think there's only going to be one result, and that's going to be the loss of their house. So if there's any chance that that could happen, that could have a significant market reaction. And the other factor that I was trying to think of in my own mind, is I try to take a house exactly as we see it today, and then I try to imagine what it would be like with this project completed, and I try to decide in my own mind if there would be a difference in reaction of the market. And when I say the market, I'm not talking about one potential buyer. I'm talking about the average market that would be out there to buy this house, and I think there's no question if you're going to have this elevated, large elevated patio that is now abreast of the Ravitch/Butz house and the elevation of it, I think there would definitely be a negative reaction to this. Couple this with the potential drainage problems, the potential damage to the bluff; I conclude that there could be a negative influence on value that could be in excess of 10%. CHAIRMAN GOEHRINGER: Thank you Sir. MR. GIVEN: I forwarded this letter to Mr. Tohill. I'll give you a copy of it. CHAIRMAN GOEHRINGER: Were you asked to appraise this house Mr. Given? MR. GIVEN' No Sir, I wasn't asked to appraise the house just to analyze the value impacts of proposed construction. CHAIRMAN GOEHRIGNER: Thank you Mr. Tohill, you're going to wrap this up right? MR. TOHILL: Yes, one of the joys being a lawyer, I mean it sincerely and you know me for many years and as you know I can be plain spoken and sometimes stupid and sincere. One of the true thoughts and one of the things from the first day I attended law school 33,'years ago until now is that we sat there for those three years and we learned what most other people didn't know but would enjoy learning every bit as much as we did. If I were a layperson sitting on the Zoning Board of Appeals, I would want at my best dream to be allowed to go to a law school and to be allowed, free, Town of Southold pay the tuition plus room and board and the whole thing to learn what there is about the law because you're presented every couple of weeks with conflict, after conflict, after conflict, and you're required to sort them out in solemn like fashion, all getting along with each other, up there, deal with people like me and Charles Cuddy and all the professionals here, guys jumping on top of the dais, and in the end we hand you up one of these things and say, go get it, and come back with the right result. So here, what gives me joy, what I'm trying to say to you right now is that this is not the first time that a swimming pool application has been made to the Zoning Board seeking an area variance. It happens all the time, and three times in the last eight years the Appellate Division, 2nd Dept. has dealt squarely with the issue and said, how after the change in the law, July 1, 1992, when they Page 79—October 1_,...000 ZBA Public Hearings . - - . ' Town of Southold ' codified the standards, I gave you the five standards, how you're suppose to address it and the way is this. When you did that application a few weeks ago, right next to this property, where you granted dimensional relief to allow a house on the bluff, the difference, the Appellate Division says, the difference that makes the difference, some do and some don't. The difference is that was a house. That was a residence. That was a vacant lot, and a person was trying to in a single family residential district build his residence, and he therefore required variance relief. So you therefore handled that in a certain way and you granted the relief This is not a residence. This is a swimming pool and so a swimming pool cases and by the way tennis court cases can be handled exact same way, because by the way they produce noise and that's the case ( ). Swimming pools are considered a luxury. Swimming-pools are not considered a necessity, and so the burden of proof on the applicant is bumped up, and under the balancing test you have an obligation to balance recognizing whether or not there are factors now where the non- necessary swimming pool is more important than the ability of people to live in there • underline the word residence next door so here come the factors. Noise that clearly is unmanageable, some of it totally unaddressed. John Paciulli talked about the pumps and the motors and in the view I was watching eyes of recognition, ears of recognition because you heard those pumps, you'll be standing in somebody yard and all of a sudden the thing will start roaring on a Sunday afternoon as your nerve endings are trying not to work but to receive and the thing goes on and it goes on its own style and it goes and it goes on in this uneven droning hum and that's what we have to listen to. Where it's never been mentioned until John Paciulli mentioned it tonight but it's coming and there could _ be the hot tub and the pool and as many as two or three of those things on this property. Where are they going? How are they going to be baffled? What's going to happen? When the people are there having their cocktails on a Saturday evening or a Sunday afternoon and people are trying to live next door in the Ravitch/Butz house. The people at the Cashy residence are going to be standing up where I was standing when I was making Lydia Tortora nervous before. It's awkward. It's unpleasant. Lydia Tortora's body shifted the minute I got up there. I meant to do it and she was perfect poblobium (sp) in her result. She was uncomfortable. She did not like me addressing the Board. She has a general distaste for my way of addressing the Board, but I'm not going to let it come between us. She didn't like me being up there. She didn't mind when I got back here. This is makes much more sense. This is the Cashy patio,-hot tub and pool and the shallow end of the pool back where it ought to be Not in somebody's "in your face" style of construction. There's water runoff. It hasn't been properly addressed. You know it. Everybody in here knows it. Everybody knows that that water is going to head toward the northwest, toward the woods and everybody knows that the drainage design particularly on July 6th and again tonight by new pool south — landward? You don't need to be an engineer or an architect to understand that's not going to work. The water doesn't know where Mattituck is. It's going towards slope, and the slope point is the 34 foot elevation and that's my clients' basement and their kitchen facility. The loss of privacy and a balancing test that means something since July 1, 1992 can't attenuate the Cypress bushes that are along there now, the people will be looking down over those and they won't get that much higher if it's up on the bluff. Everyone knows what happens up there and you can't build the fortification because you've got a hot tub in the way, or you have a Page 80—October 17, 2000 ZBA Public Hearings Town of Southold drainage ring in the way and so we've created a monster in the way in which this has been created because fortification is necessary, appropo with the Chairman's question, what do -one do? The patio is enormous. Between the deck and the patio it's more than 100% of the size of the existing house and the house is already a big house. It's not fair to push that in the neighbor's space and that's not allowed, I think, under zoning not before 1992 and certainly not since 1992. There's a loss of value. It's clearly a loss of value. I don't . think we need to have a licensed certified appraiser to tell us that there's a loss of value. None of you is going to step up and pay $650,000, which is what my clients did on September 17th last year. A mere few adults, nobody in his right mind would pay that kind of money for that house again now that this has come along, and so going to the standards introduction of an undesirable change in the neighborhood. That's an undesirable change. It's not necessary. It could be done differently. It could have some sensitivity. It could recognize that the people would want to live in peace next door. We don't need this shoved down our throats. It could be done differently. The variance has a feasible alternative. You asked the question Mr. Chairman. The expert witness said, yes he could design it differently. And so there is feasible alternative. There is a substantial 26% of 100% is substantial. The variance has unknown but like the adverse environmental results. They haven't been addressed here at all, not at all and the variance is 110% entirely self-created. The house is built to the seaward most point it could be built under the then code and the present code. If one balances - the Board is required to balance. This isn't a hard job. One cannot balance in favor of the applicant. One must balance in favor of either a no - denial, or a redrawing of the application that does what we ask from the beginning recognizes in common sense terms, you don't need eight professionals and you don't need one of them 6 feet high, 200 pounds standing on top of Lydia Tortora to say, "it's too much in that particular location, please don't proceed with that." So'I'm going to hand up this Memorandum. I thank you all for being this patient as you always are this evening. CHAIRMAN GOEHRINGER: But you're leaving a cliff hanger here Mr. Tohill and that is— MR. TOHILL: We like excitement in our lives at Southold. We're approaching winter and we need a little excitement here. CHAIRMAN GOEHRINGER: No, Mr. Tohill. I need this vegetation plan. MR. TOHILL: We would be happy to come back too but I don't want to get out of my proper roll with Charles Cuddy. It shouldn't be a mystery that he and I have attempted to have discussions, and we're here doing what we're doing in the best way that we each can with respect to our clients. I would candidly do whatever you told me to do, but I would much prefer that you said to the applicants representative you work with Tohill and his experts. '„ You get all those people together in a room and you come back here with a much better plan than you presented on July 6th and tonight, and we'll take another look at what you've done. That's what, but I didn't want to do it alone because I have a client, you know, we never said to the Cashys "we don't want your swimming pool." We just Page 81 —October 1°_ , -000 ZBA Public Hearings Town of Southold said, "please don't put it in our face.. Please don't destroy our home." " And we got' nowhere. Now I'm not complaining about the Cashys because God knows when the flag flies Over the White House I believe it's flying for them as well as everybody else in this Town. But I am reporting to you, we got nowhere. I don't want to waste your time, or my clients' money on having professionals do drawings where there's total disaster. We need cooperation. CHAIRMAN GOEHRINGER: I just don't know if it's positive at all in every juncture that you negotiate with the applicant at this time. • MR. TOHILL: OK. CHAIRMAN GOEHRINGER: Maybe it should be left up to the discretion of the Board, and that is the reason why I want the plan. MR. TOHILL: So you want us to deliver a plan to you. CHAIRMAN GOEHRINGER: You see it's much easier when they're not here. MEMBER TORTORA: Just some thoughts on that. There's advantages both ways. In some ways I think we really ought to should shift them out of the room, get them out of jhere, tell them go off some place, come up with a plan and come back to us. MR. TOHILL: Not tonight, everybody's tired. CHAIRMAN GOEHRINGER: No, no, it was brought to our attention— MEMBER TORTORA: No, you can go over on top of the tower in Southampton. Tower over there with Mr. Cuddy, whatever. MR. TOHILL: I'm normally in my pajamas, you know, two hours ago. MEMBER TORTORA: As opposed to just asking one of them to develop something individually. It's my own, I just. CHAIRMAN GOEHRINGER: You're missing the point. MR. TOHILL: Go ahead let's argue. CHAIRMAN GOEHRINGER: The point that you're missing is that we have a person with specific expertise that can create something for us. We're certainly going to ask Mr. Cuddy. He hasn't gotten his two cents in sort of speak at this time, four cents. Of course. I haven't told him that we're going to limit him time because you know, he's never hit me and I assume he never will, or, trip me when I go to the Post Office on a Saturday, or whatever. He's a true gentleman as you are.Mr. Tohill, but we have something to work Page 82_October __, 2000 ZBA Public Hearings Town of Southold with if we;have a plan from opposition. At the same time we can discuss with Mr. Cuddy what he intends to do with his applicant's plan, and we've heard from their engineer. MR. TOHILL: In narrative of what we want. 1. Reduce the size of the northwest protrusion; 2. Move the shower end, which is the noisy end to the other side; 3. Move the hot tub, which just doesn't have to be next to our bedroom, away opposite, exact opposite side so that it's not, it won't go up the hill as John Paciulli mentioned. It's going to go this way, which is north, northwest, that's where the noise is going to lead head off. So, move it where it will head north but it'll have 75 feet long run before it reaches the side of our bedroom. Find out where the pumps are going. Find out how you're going to battle the noise. Insist upon the noise attenuating cabana structure somewhere probably in the northwest area. All of us drive the LIE that's noise attenuation in the 90s. Those are substantial structures, and the noise engineers that I consulted with respect to this case have told me the same thing. A canvas, cedar wall, a row of plantings isn't going to do it. Not with this structure. Not with this kind of noise and not with the elevation. Those would be some of the ideas. CHAIRMAN GOEHRINGER: I have absolutely no problem with what you just said. I just don't want to totally saturate this entire procedure because this is going to take a little while to get this thing all down, all right, assuming this Board is'interested in doing that. I'm certainly interested in doing it. But if we start with a norm and.the norm is, these gentlemen's drainage, actually it's a drainage plan that they've come up with and we work } from that plan, we get the environmental barrier aspect from your client. We go back to Mr. Cuddy and ask him for the changes in the swimming pool, then we work from that particular point on to the pumps and so on and so forth and then the last thing is the canvas aspect, if his applicant is so inclined to do so and that's basically it. That's the procedure, and that's my opinion. I'm not positive and this is not taking anything away from counsel or the applicant that they are in the position to create this plan that you supposedly had this gentleman, you have this gentleman, that could create it. I asked him the question and I'm sure that you could do it, and I'm dying to see it. I'm selfish because I am dying to see the plan. M.R. TOHILL: If you tell us to do it, we're going to do it. If we fail, we fail but we're not resist anything that you tell us do. CHAIRMAN GOEHRINGER: I want to see it below we'll reserve that for 10 minutes and we'll hear from Mr. Cuddy. MR. TOHILL: Thank you very much. CHAIRMAN GOEHRINGER: Mr. Cuddy, you've been very patient. MR. CUDDY: Since everybody is of a conciliatory mood I don't want to throw water on it not the pool water any way. I listened for a long time and what I hear for the mostpart was that this could be done but maybe it should be done in another fashion. In all Page 83 -October L, -000 "'ZBA Public Hearings (7) Town Of Southold fairness to my client, I think it should be on the record and I think it,should be part of the record right now, that the sensitivity problem and I think we've heard two levels of testimony this evening. We heard some factual but not a lot of factual, and a great deal of distraught. The people who are complaining came to a site and now we all have been treated two levels, but the,levels of this site are not just between the Cashy property and their,adjoining neighbor on the west. The levels of this site, as the Board knows goes above even my clients. And so the house to the east of my client is much above him and also much in the bluff Their house, our opposition, is much in the bluff. Our house is not in the bluff. They bought this house, this house that they need to solitude in, they bought'it in 1999 after our house was there, and so I'm going to hand the deed of September 17, 1999 and I think that when we hear all of this emotion and we stand on a desk, when we hear all of the upset, that that has to be a great part of what goes on. We don't have a problem in dealing with them, in talking with them. We do have a problem I'm sure on some of the structures that they would like us to interpose between our house and theirs. But we're using our house not in an untoward way. People do this all the time. I believe that when you buy a house in the local that they did to expect this incredible solitude. It was just beyond the tail end of anybody's rational thought. This house is right next to the line, and there's going to be some noise. There's going to be some neighbors there. I stood there. I haven't seen what Mr. Tohill has seen so maybe we both looked at different lines, but I do want to try and to keep these neighbors as neighbors. It has become a difficult thing. I don't want to make it worse but I just do want you to have the facts, and I think the fact is that this house was purchased after the Cashy house was built. So all of this was very obvious to them. Not the pool, I can see that, but all of the rest, the noise problem was a noise problem just isn't eminating from the pool. We would like to work with them. I have a lot of things to go through. I'm not going to take your time. Certainly I would assume that this would go over. There are reams of paper that we put in. I certainly want the opportunity to review that, want to have our experts look at it. I have a lot of questions about what was said but again I'm not going to go through that because there may be some possibility to bring this together. I'm not going to try and push us apart even further. I would just ask that this be put into the record. I would be pleased to consult with Mr. Tohill. My client would be. There are certain areas that we may have a very difficult time in. There are areas that we may be able to work with, and we certainly would like to keep some neighborly mist inside this circle of people that are at Hyatt. I'll just hand this up MR. TOHILL: And we join in the submission of that deed. CHAIRMAN GOEHRINGER: So what you're saying in effect is that you are willing to discuss certain issues with- MR CUDDY: Oh, absolutely. We always have been. CHAIRMAN GOEHRINER: OK. So in lieu of that fact I guess I'll hold off in reference to my request. I still would like to state that I'm dying to see it. I'm just sitting here salivating. I mean that's, I mean that's, you know, because of not necessarily in a sense • Page 84 October=.;2000 ZBA Public Hearings - Town of Southold cause your client any expense, Mr. Cuddy, but there is a great deal and I understand exactly what you're saying-but there is a great deal of closeness to these properties. There's no question about it and I have sincere concern about that drainage. This is a generic concern. This is not a concern necessarily because these two nice ladies as well { as your nice client you know live next door,just in general. It's just a statement. So we'll go from there. Now let me just - MEMBER DINIZIO: Can I comment on something? CHAIRMAN GOEHRINGER: Yes, can I just finish a statement one second and I'll be right with;;you? Can we reschedule this in December and make this a Christmas end of the year, of the year 2000? MR. CUDDY: As long as Mr. Tohill does not come as Santa Claus, yes. MEMBER TORTORA: Can I ask Mr. Tohill something? CHAIRMAN GOEHRINGER: No, I think Mr. Dinizio was before you. MEMBER DINIZIO: I just — Jerry, I was almost going to agree with you as far as not requiring them to meet but rather to talk but I've got to say that if any talks are going to be, if there's any pressure by this Board or at least by me, it's going to be in the area of ) drainage and not necessarily noise because all of the things that were described to us tonight are things that could happen on a badminton court. They could happen on a - if they had a family reunion without a pool. Certainly I can't imagine a pool pump reading 60 be a noise but and I do know that probably it could be a little annoying if someone just doesn't want to have a pool next door. I have a pool and I have a pool,pump, and it doesn't bother me at all and I have kids, and you know all of those things happen when you're in a neighborhood, and you have to live along with it. But if you're going to discuss anything I think you're going to discuss how you're going to stop drainage, and how you're going to stop the water from going over there, and that's really the main concern I'see as this whole application. That's all I have to say. CHAIRMAN GOEHRINGER: Mrs. Tortora.. MEMBER TORTORA: ,I am concerned about the magnitude Mr. Cuddy. A big house, a little house, syndrome in it and I recognize that the opposing neighbor's house was built very close to the bluff many, many years ago. It was interesting while he was talking, I put the surveys next to each other and saw really how close that house is to the property line. We've had a couple of cases where it's the big house little house syndrome and it can be extremely over powering. The house was built many, many years ago. So from where I'm coming from I would look, you know, for a scaling down, look for smaller. That's basically is there anyway you can accomplish this into it, it's really up to you. As far as the;' I always like to get the legal documents that the people hand up on the dais, attorneys ,hand up on the dais during the discussion because very often later on I forget Page 85 —October 1 _ D00 ZBAPublic;Hearings • Town of Southold but I would like to point out for the record, that three of these cases deal with practical difficulties and attest to practical difficulty, which is not the case that we're dealing with now, and another one is dated in the eighties which was prior to the change of the balancing bluff. MR. TOHILL: No, two of them are 1995 and the other one is after July 1 of 1992. MEMBER TORTORA: Mr. Tohill, the court case right in here refers to the showing of practical difficulties. MR. TOHILL: I understand. MEMBER TORTORA: That's all I wanted to say. MR. TOHILL: But the other one is only there because in reading text it's about the concept of noise. That the '88 case from Judge Luciano is noise, it's not meant to deal with that. But they're 1995 two of them and all there of them are after the adoption. MEMBER TORTORA: I know they just, the discussion is dealing with practical difficulty. MR. TOHILL: Well that because that's the way we said it then. That we still call it the practical difficulty test after Julyl, 1992. CHAIRMAN GOEHRINGER: I want to say that I want to recess the hearing to December 14th, but I want to, you're not available (to Mr Tohill) MR. TOHILL: My clients cannot be present they have an engagement December 14th. CHAIRMAN GOEHRINGER: Well you want to make it, January? MR. TOHILL: January is fine. CHAIRMAN GOEHRINGER: January meeting, OK. The thing I want to know though, is if we're going nowhere, OK, I want to know if we're going nowhere from either one of you, or, both of you actually, all right and if we're going nowhere, then there's no reason to wait that long. We'll reconvene, and we'll make a decision after that hearing. MEMBER DINIZIO. Now what are we going to do? We're going to wait another- an additional month beyond what we could, and that's agreeable? MR. CUDDY: We would certainly prefer not to wait that long because if we agree, it's fine. If we disagree can we then proceed from that and a— Page 86-October __, 2000 ZBA Public Hearings Town of Southold CHAIRMAN GOEHRINGER: Well that's why I want to know because then we'll reconvene it. MEMBER DINIZIO: Well lets do it in December and then if we find they disagree we can then put it over. If not, then we make a decision. CHAIRMAN GOEHRINGER: No, we'll do it in early December during our, or at the end of November, or at a special meeting, OK, so as not to crowd the calendar with the you know,the completion of this hearing. MR. TOHILL: The 14th of December is a bad month. CHAIRMAN GOEHRINGER: No, I understand that but I'm saying to you if we're not getting anywhere. If we're getting somewhere and everything,is moving in a forward direction then tell us when you're done, and we'll you know, at this time we'll calendar it for the first meeting in January unless we hear from you. BOARD SECRETARY KOWALSKI: So when is it on for again? CHAIRMAN GOEHRINGER: The first hearing in January, the first meeting in January. MS. COLLINS: That's regular meeting? . MR. CUDDY. Unless we get back to you? CHAIRMAN GOEHRINGER: Unless you get back to us. We have no problems you know reconvening this at a special meeting when we're making decisions. It's very simply we meet at 6:30 and at 7:45, we reconvene. MEMBER TORTORA: After the December meeting. BOARD SECRETARY KOWALSKI: Well the problem is you have to give notice of the earlier date, otherwise re-notices have to be done. MEMBER DINIZIO: Why can't we do it before the earlier meeting and if, we find that they're cooperating or not cooperating, we can either make a decision or extend it. BOARD ,SECRETRY KOWALSKI: Why don't you make it December 7th? That's the date of our Special Meeting in December? CHAIRMAN GOEHRINGER. That's fine with me BOARD SECRETARY KOWALSKI: It's a Thursday night. - Page 87—October 1,, �D00 ZBA Public Hearings Town of Southold CHAIRMAN GOEHRIGNER: December 71. We'll say 7:30 now but it'll probably be 7:45. BOARD SECRETARY KOWALSKI: Well no, it's better to have it earlier. MEMBER TORTORA: Yes. BOARD SECRETARY KOWALSKI: Well we'll make it 7:15 OK? CHAIRMAN GOEHRINGER: Yes. BOARD SECRETARY KOWALSKI: 7:15? OK, CHAIRMAN GOEHRINGER: We thank everybody for their courtesy, thank you for your presentations and we wish you a safe home. I offer that as a resolution ladies and gentlemen. MEMBER TORTORA: Second. Motion carried. See Minutes for Resolution. _/ Prepared by Lucia Farrell Page 88--October .-, 2000 ZBA Public Hearings • Town of Southold • 10:20 PM. — Appl. No. 4880 — L.I. HEAD START CHILD DEVELOPMENT SERVI• S INC. (formerly Church of the Open Door). This is a re 0 uest for a Special Exception for Nursery School ActiXities. A nursery school is listed as authorized use in the Zoning Code under Article III, ection 100-31B(4). The propert 's Zoned R-80 Residential and is known as 1850 ain Bayview Road, Southold; Parc- No. 1000-75-4-28. CHAIRMAN 0 \HRINGER: Anytime your ready. Sta - your name for the record please. \ MR. LARDOUX: M name is Jean-Pierre Lardou . .A. and we're representing Long Island Head Start and ,'th me tonight is Linda Ga s CHAIRMAN GOEHRIG R: How do you,db? MR. LARDOUX: Program anager for,I.I. ead Start and she presumably will be the Program Manager for the fac 'ty over in ' Bayview, which is the subject parcel, and simply stated we're seeking a ecial Ex eption for educational use. We don't think it's detrimental. It's similar use as to what •' was before. It was a church to have classrooms at the lower level. We're not going' do any interior alterations except minor ones and we're going to be keeping that wit that use a child care facility and essentially it is as you know permitted within this;k' d\.of zoning and we don't think it's detrimental to the neighborhood. In fact, we have some supporters here today who welcomed'to stay this long to support it, and essental' that\w uld be it. \° CHAIRMAN GOEHRIN : When thi church was originally brought before us, I got in big time trouble by ask.in' them if they;w re going to have a drum and bugle call. MEMBER TORTO' • : :ecause they had\\on . CHAIRMAN GOE 1' , GER: Because they ad one, OK. Could you briefly tell me and I don't mean t. be edundant because you\qu kly you know, stated what the situation was. Will this :ssen Wally change the building 'n any way? We know they had a landscape nurse ; sell.of there. We know they\ha grades 1, 2, 3, 4, whatever it was, OK. And so th:refore the building was used on a d 'ly basis not necessarily for religious activity— MR. LARDO' : Right. CHAIRM• 14 GOEHRINGER: Although there may have een some religious activity. We don't, e're not interested in that aspect of it. The schpol buses are going to come and bring udents, people to the, young children to the school— I Southold Town Hall Zoning Board of Appeals Fax Cover Sheet (631) 765-1809 Office Tel. 765-9064 Office Fax TO: FAX: 7,27- 6 334 DATE: PAGES //�� to FOLLOW: olip �-dr > 9 Comments: 546 ('�2Q.ly- 53095 Main Road e P.U. Box 1179 e Southold NY 11971-0959 p TRANSMISSION RESULT REPORT (OCT 16 '00 01:41PM) SOL LD TOWN HALL 516 765 1823 (AUTO) DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. OCT 16 01:38PM 7.2_7-63% 02'24" OK ES 05 009 CPQ E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING •••• TRANSMISSION RESULT REPORT (OCT 16 '00 01:44PM) SOU _D TOWN HALL 516 765 1823 (AUTO) DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. OCT 16 01:42PM 6313699080 02'22" OK ES 05 011 E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING APPEALS BOARD •MEMBERS •,,t/1SVFFO[/-C • OG Southold Town Hall Gerard P. Goehringer, Chairman � tk: 53095 Main Road James Dinizio,Jr. ti _ P.O. Box 1179 Lydia A. Tortora QSouthold, New York 11971 Lora S. Collins - #49 ZBA Fax (631)765-9064 George Horning = 1 J" is $ ' Telephone(631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Draft Prep. 9/26/00 Upd. 9/28; 9/29; 10/2; 10/5 AGENDA REGULAR MEETING THURSDAY, OCTOBER 19, 2000 I. POSSIBLE RESOLUTIONS/OTHER ACTION: A. RESOLUTION: Possible SEQRA Declarations/Type II — No further steps under SEQRA: • Appl. No. 4863—THOMAS J. and PATRICIA MONAHAN Appl. No. 4866— NORMA MILLER Appl. No. 4867—STANLEY DROSKOSKI Appl. No. 4873 — PETER RUGG and MEDEDITH P. RUGG Appl. No. 4872 — LISTA CANNON Appl. No. 4865 -TANAS TSATSOS Appl. No. 4868— B. SHINN/SHINN VINEYARD, LLC Appl No. 4875 — LESLIE GA77OLA Appl. No. 4871 —JOHN ZOUMAS Appl. No. 4877— KENNETH ROBINS Appl. No. 4878—WILLIAM S. KELLY Appl. No. 4864 — MARTIN ROSEN B. Resolution for Possible SEQRA Unlisted Action with Negative Declaration: Appl. No. 4862 —SPRINT SPECTRUM, L.P Appl. No. 4880— L.I. HEAD START CHILD DEVELOPMENT SERVICES II. PUBLIC HEARINGS: (Written copy of information offered would be appreciated when available.) 6:30 p.m. Appl. No. 4863 — THOMAS J. and PATRICIA MONAHAN. This is a request for a Variance under Article XXIV, Section 100-244B, and Article XXIV, Section 100-242A based on the Building Department's July 26, 2000 Notice of Disapproval regarding a building permit application for the reason that the project will increase the degree of nonconformance. Applicants are proposing a dwelling addition with a combined side yard of less than 25 feet and lot coverage exceeding the 20% code limitation. Location of Property: 26350 Main Road, Cutchogue, NY; Parcel No. 1000-109-4-5. RESOLUTION TO CANCEL NEXT HEARING (at applicant's request, pending consultation with a private engineer and obtaining C.O. for existing dwelling before proceeding further). ,50. 6:35 p.m. Appl. 486 — NORMA MILLER. This is a request for a Special Exception under Ov k Article III, Section 100-31B to establish an Accessory,Bed and Breakfast use for up to three (3) '• bedrooms, incidental an ccess to applicant-owner's residence at 12910 Main Road, East Marion; ^ oijo. Parcel No. 1000-31-14-14 ( ��.t c e i e A �1 • Page 2—Agenda October 19, 2000 Regular Meeting Southold Town Board of Appeals I. PUBLIC HEARINGS: (Written copy of information offered would be appreciated when available.) 6:40 p.m. Appl. No. 4867 — STANLEY DROSKOSKI. This is a request for a Variance under Article XXIV, Section 100-242A, based on the Building Department's March- 28, 2000 Notice of Disapproval regarding applicant's request for a building permit. The reason for disapproval is that the proposed addition represents an increase of approximately 2% over the existing lot coverage, for a proposed deck-entry at the rear of the dwelling. 531 Sterling Place, Greenport; 1000-34-3-4. 6:50 p.m. Appl. No. 4873 — PETER RUGG and MEDEDITH P. RUGG. This is a request for Variances under Article III, Sections 100-32 and 100-33, based on the Building Department's September 13, 2000 Notice of Disapproval to locate: (a) an accessory building in a front yard, and (b)a proposed garage addition with a front yard setback at less than 60 feet from the edge of right-of-way. Location of Property: Munnatawket Avenue, Fishers Island; 1000-006-03-8.2; also referred to as Lot 2 on the Edith Dillon Edson Map, filed in the Suffolk County Clerk's Office as File No. 9741. Stephen L Ham III, Esq. 6:55 p.m. Appl. No. 4872 — LISTA CANNON. This is a request for a Variance under Article XXIV, Section 100-244, based on the Building Department's September 11 2000 Notice of Disapproval to locate a proposed addition to the existing dwelling with a front yard setback at less than 35 feet. Location of Property: 1050 Arshamomaque Avenue at intersection with Orchard Street, Beixedon Estates, Southold; County Parcel No. 1000-66-2-27. C. Cuddy, Esq. 7:00 p.m. Appl. No. 4865 - TANAS TSATSOS. This is a request for a Waiver of Merger under Article II, Section 100..-'26 concerning lots shown on the Map of Eastern Shores, Section V, filed in the Suffolk County Clerk's Office on December 31, 1968 as File No. 5234. This Waiver of Merger is based on the July 26, 2000 Building Department's Notice of Disapproval determining that, under Article II, Section 100-25,;,Eastern Shores Subdivision Lot No. 133, shown as the westerly portion of County Tax Lot 1000-33-2-24, and Eastern Shores Subdivision Lot No. 134, as the easterly portion of 1000-33-2- 24, are merged as one lot. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership with the first lot at any time after July 1, 1983... until the total lot size conforms to the current bulk schedule requirements." Location of Property: 1565 Green Hill Lane and South Side of Sound Drive, Greenport Proper-T Services, Inc. 7:05 p.m; Appl. No. 4871 — JOHN ZOUMAS (Owner: Vera Doroski). This is a request for a Variance under Art. XXIV, Sec. 100-244 based on the September 11, 2000 Notice of Disapproval to locate a new dwelling with a front yard setback at less than the 40 ft. minimum code requirement, and rear yard setback at less than the 50ft. minimum requirement for a parcel of 21,580 sq. ft. in size. 455 Beebe Drive, Cutchogue; 1000-97-7-14. V ` 'F Page 3—Agenda . October 19, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS: (Written copy of information offered would be appreciated when available.) 7:10 p.m. Appl. No. 4868—B. SHINN/SHINN VINEYARD, LLC. Variance under Art. III, Sec. 100- 31A.1 based on the July 21, 2000 Notice of Disapproval of an application to alter an agricultural building by adding a shower facility. The reason for disapproval is that "the design and presence of a full bath within the structure constitutes a second dwelling unit on the parcel,-at 2000 Oregon Rd, Mattituck; 1000-100-4-3. 7:15 p.m. Appl No. 4875 — LESLIE GAZZOLA. Variance under Article III, Section 100-33A, based on the August 21, 2000 Notice of Disapproval of an application to locate an accessory building partly in a side yard. Location of Property: 495 Elizabeth Lane, Southold; Parcel 1000-78-5-2. 7:20 p.m. Appl. No. 4877—KENNETH ROBINS. Variance under Art. III, Sec. 100-33A based on P��Q�� the August 21, 2000 Disapproval of an application for a second floor addition to existing accessory pQLL1si cep garage with a median height to collar ties as 19 feet. 365 Pequash Ave, Cutchogue; 1000-103-7-29. . r1 ca�P>, 7:25 p.m. Appl. No. 4878 — WILLIAM S. KELLY. Variance under Article III, Section 100-33A, based on the Building Department's September 22, 2000 Notice of Disapproval of an application for a one-family dwelling proposed at less than 50 feet from street front property lines. 1840 Brigantine Drive and Squarerigger Lane, Southold. CTM No. 1000-79-4-24. 7:40 p.m. Appl. No. 4837 — H. CASHY/M. MISTHOS. (Continued hearing from 9/14/00 and 8/10/00). Proposed swimming pool and hot tub at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. 8:00 p.m. Appl. No. 4862 — SPRINT SPECTRUM, L.P. (Owners: W. Baxter & ors.) —Variance under Art. III, Sec. 100-33A, based on the Building Department's May 31, 2000 Notice of Disapproval �p5IP° . or removal of the existing tower and to construct new wireless communication tower at a height 'cp exceeding 20 feet above the average height of buildings within 300 feet of the facility. The height is ,1OJ • proposed at 110+- feet from ground. Location: 415 Elijah's Lane, Mattituck; 1000-108-4-11.3. Zone: Ili imited Business. Munley, Meade, Nielson & Re, Esqs. 8:15 p.m. Appl. No. 4826 — WILLIAM PENNY/TIDY CAR. (Continued hearing — postponement requested by agent 8/18/0). Corner of C.R. 48 and Youngs Avenue, Southold, NY; 1000-55-5-2.2. Zone: B General Business. McCarthy Management, or their attorney. Canceled and rescheduled at attorney's request received 10/4. 8:20 p.m. Appl. No. 4864 1( ` - - : um -- - - - - - - - - •• = =, '2 - - - • --- - - - - - e.. e••- . ti 1 Page 4—Agenda October 19, 2000 Regular Meeting Southold Town Board of Appeals PUBLIC HEARINGS: (Written copy of information offered would be appreciated when available.) (Rosen, continued) dwelling as principle use. This use was lost pursuant to Article XXIV, Section 100-241G; subject property does not contain a permitted principle use pursuant to Article XIV, Section 100-141A. An accessory use cannot exist without a principle use." Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn. 9:00 p.m. Appl. No. 4880 — L.I. HEAD START CHILD DEVELOPMENT SERVICES, INC. (formerly Church of the Open Door). This is a request for a Special Exception for Nursery School activities. A nursery school is listed as an authorized use in the Zoning Code under Article III, Section 100-31B(4). The property is zoned R-80 Residential and is known as 1850 Main Bayview Road, Southold; Parcel No. 1000-75-4-28. Jean-Pierre Lardoux, A.I.A. III. DELIBERATIONS/DECISIONS: (Agenda II items, above, as deemed appropriate after hearing.) IV. RESOLUTIONS/UPDATES/OTHER: A. Resolution to authorize advertisement for November 16, 2000 hearings applications which are filed'in complete form by October 12, 2000 B. Special Meeting date to be discussed. C. Resolution confirming Appl. No. 4874 (Wamback) withdrawn as requested by owner with'recommendation for a refund. V EXECUTIVE SESSION (if any). 75:1, &4.4o Zaiiii7A)/e__oatifko-311Vidtb5) 72-1/60 04-1- at „Jut /19 7/ // 1-D / T N OF SOUTHOLD PK )PE RT � RECORD CARD/6()o-So - /-.3 M— Vo OWNER STREET i 900 VILLAGE DISTRICT SUB. LOT 0 1/7sh ' 40 Pli s s 6, R a ci , -1.4.1 1 i ', FORM'RLOWNER N , E ,....—ACREAGE l' 1 1/ 1 Qr ! ' / c ✓l1 - L4'1.. Pi` I; 6 P' V 6iClCJ 9. \�), , ;,,.sS W TYPE OF BUILDING cfu,�_: I.%1'1 '' ..,-,,',G Art �Gi Q Lowe l f - Loc 1<wnoc) Z:c .e-vLCp Itl RES..,1;10 I SEAS. I V — FARM COMM. IND. CB. MISC. 0 'i LAND IMP. I TOTAL DATE REMARKS 10 / 4 : ° J. I, 1 d b ) Li O 6 ) /,t.'6 ' 0 .3.-E) ``� - 3o0o `3!9 cD cSite 3 c2 O o ,/1 =-; .,./1..;e' 1a/aq fi7 -,BP a ys _� .l ,,� / - 6_67) 1 0 a-- G� 6 hoz, �a ()4 07) 3/i /6Y) 3 000 g',-7.)Or-, /1) 0,/,)0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE i. Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable, 3 t Wcodland i Swampland ?IBrushland F _ House Plot t ri: l" Tatal`-2 - ,,,, ,, :.`x+��.t�.:a'.+. _:sN�q •_T_++ti,,, w..a..+....-T.. ve.`.�we^++.+nC- —_� �_.._-......_.-..._. T—_____ .. __ _ rte. :iii,&.,,-.0,5 • . ii ,a ,r, ;- :: I;',-,'‘, -;,,, . ,,. .iiik.,4,,:i Ilf ,e� 4 i'..6j 4. 11 • it i:, ; 'r ..�' - ,...1.�. 'j�� 14 gip.-7 r I `•r. ,4i. •t i�{ .t'c + '� 15• / I -2.r �y ` "� yCi vim' .3d 22- aAl2--- 'f 1 ?9 . _ I. Zv M. Bldg. j yn i _ c� Foundation Bath I 3 �/ ��yI Z xtensfon 1 X 3o 4-20 96� .5 313 Basement Floors Extension 2/ X 2Z-� L(,2 , 3-7j / ie 17 Ext. Walls Interior Finish Extension Fire Place Heat Porch Attic cvv1a ?X , ® = y40 Porch Rooms 1st Floor. Po rah g x Z/ .=-- l 6? 40g ,50 z O r-i ' , 2-5 233 Patio Rooms 2nd Floor 1 Garage . .2- Z X Z- /, 0,5- Driveway O. B. 6355- ( "20-(rv--) AIn 4, pT +gS++n'+Pg7:arw.:oP'f�'Iwo+ao—v.......ti.—...4..,.......,�.R..�. Yv.w'•^-..m.�,.. - __ - -nv'ix4++jarr-^+' � d..�..vx*s.es,-..ehq..,,, .. .. .. ___..�.. ...�... - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------------------------x In the Matter of the Application of AFFIDAVIT Harry Cashy and Maria Micthnc OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 50 01 - 03 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Charlgs R. Cuddy residing at Marratooka Lane, Matti tuck , New York, being duly sworn, depose and say that: On the 28th day of June , 2000, I personally placed the _ Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that -I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, w ' hearin ate L a shown to be (Signature) Sworn to before me this 2121 day of , 2000 . JOAN M.LOCA Cj4C•e -. NOTARY PUBLIC,State of New York No.52-4650442 (Notary Public) CommissionExpiir Suffolk *near the entrance or driveway entrance of my property, as the area most visible to passersby. _ NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,JULY 6, 2000 • NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 6, 2000 at the time noted below(or as soon thereafter is possible): 6.50 p.m. Appl. No 4837 - HARRY CASHY and MARIA MISTHOS. This is a request for a Variance Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before this hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: June 15, 2000. 0 SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 , ,.;.., shown at 31±,feet,_,fromf.thecanj.Zrz;iNo.4828_--7 ROBERT:H3.1R,SOnuel ,yisitors,:gify,shop;lathicifyi-p_liari3qt '-- tileVer`eff46-0,aitP43 -164:--Tf-ram•th&, .."-'ROVERHULS/M1'71:DELU.CA; and Staff'offices ((Or;bookkeePii,k • dwelling.!Location of Property _ i-295,...'._ Contract Veridep. Thisji'a request ;,-administratinn, :-medicaOreCor4f-1.5.- AP:9 31;.16?4;LatueWNV;;Cotirly.Taxr.-;..for--a,„Lot WaiVer".a.'s',,provided-undcr ;'_-etc)T-Shall•intherwise-be inowri.aSja--.-ye-,_,; mai)i;to;40001/672.-9,"..-.;:..:,:?•-•••':'".4., -;•;,-Article•II,Section 1,00726 teunnierege...•:.'"general..Or,iPecializedliOspitar-''ii:', s'6.2S "'In?''X' 'g='-lis - •' ' " 'fo-6 's' '"• - '''''' '''' •' ' '-''' 0--- 4...,4,,, . „.p. , ppt.;.; o:t_ 2 .7-,-.....:,\-Lof--1000- -6-3 .from 1,900-196,q,,'.-;•:,"rphabilitatioF.centee;"rest home!,t,,:fi'..,. itE_Ixr5,9ARylpy,,T4iii,s ai,equeSty.j-34-On May4;'-20Q0...a4Toticez'of-.- 'orr;rikauii-hotai:",_ for tt-Lot'Waiver as provided under:.:_,- Disapproval was issued':stating that _" ,900 P,m.APO:.No.4860-QLD r.. Article jj,- FitiOn100-2$/6,uga4rge:t,-*Lot.34 mergetliwiOfteijacent lot,35 .,:. .HAN1_30,R•ASSOCI,Let.TESIiiii-JaVi:i *•: County Tax Lot 1000-11542.7 -_-pursuant'td.Secticii':i00-15A-_of the -- request for a_Variance under Arli-Cle:' ,-; :..,„frnik10,05_4 91,112,8.•:!bn.,May.30;-2000}0;*:Zoningf cnde.-Location'of-Property:' ,-. III,•SectiOn'100L33-baiecL•mii.rige'lh;..-::. i -a'iNOticeipf,Disappr,OVrintvasissiicd q4,..-1645 Bayview Avenue,1 Part of.Lots Building Department's JOY;28,,2009-.:,..., itatine that CFM Lot 1:,..iiierged*diva},if&I-ori7the lvf_ap-vt1ShoreS Acres;--NotiCe:of Disapproval for,,:the4Iiiiii ±":r•,-,-,:z' --adjaceitt,lot,8 pursuatitta-Section:--.Mattituck;NY.--.•••: „•-•,-:- , -..s. r ,,,-7,,,tha t`a prOposed•_acceisciii'lihr e:c.-'-car-`'-:,''d-i , 100725A7gfc.the:Konitigicodi,/f the..: Is. 735.pm.Appl.No 4813—Alc, S •:;,_g a r gp wilr.encroach, p4tly14:11;ilie=Ii`'..1, „reasori‘that_ili,ii)t.s,tere,helet mom ,l';',-SO_UpFkogO.,pitt,,,cO,APJE:M_Jiz;'.-side.yard,at 1195•01d-Harhor-Roaa',--•,'-•- rrionjni:.:quraerShiP2f;:Pcatintiliif..,-.:JNO. (Continued from prior hearing ,--;New Suffolk NY Paicel-4604.14.:4q,..: yzOperty,ilf.'";$50&Deeplicilet.i.Dive,-•-calendars).,1Prppoieil,,..c-anopx; kth...,,,4.,6 - 4l'--- -.3C, -- i 1144tiCuls,is:TY:YYI , ;,77... , .;',,_ request itii":variance on front yard"-- -'.The'Hoard of APP-64,51•all.if.t.hle:i..,:',1 60 pm APpt:,!No.‘,4851:-:, --,..? setback an4addition:tO building with above time and place hear all PliiiiiiA-J, ;.11111..1A*li'VRy4L. ;ik',TisF:Li- a. insufficient reai-:.-Yarc3setback, orheic-representativkviesitrig.,th,he%V requOv,fOrkar_alad;thiaeirAiticle -14910 MaiRoad (aid Bayviei ?Aeaid"cr tiIihritkyt4teri'itate XXikSeCtionq004441iJal4on , :Rd) Southold:1009,Z0;41, trtnis;(before hearing`is•C6tichidedy* 'f..4.ftheAtnilliglipepartni;ditfa":11-14,14,.:;._':- ' 7:45. p.m.,--APpl;;Y .. 4839".---4_ ,Theliearing will not Stiii-:04lieftlian'el,-;.4 000's$:OtiCe;'uf;Disapproyai'th locrite,,':-HARRY--•;C-AsHY-z, d,,r4A14,A7,,,,:clegignatedfiles are,-,;aVkilible,4,for`,.-it 1"-1 alieW,-0-0,11,111e;;%,4*kth_a-Ck.it:25:,,_.7-rms,:rati$::::This-ii-a request forf_a-t•;::-rOieiv.4urring.regular---;ToWd.,Vail feeti froni:Ihetontir:prorp:eityline.•-_;.?;;VarianCe .'under`;'Article XXIII;---:,-..:busineSs'hciiirs:(841xiii.).1Ifil Ifife-4:-:', 'IticatiOn,t,:.itfrOperti:19ASSOundView,,e,',',,,Section:100-49Z.4(1)1:41aied •on.:-,the.,-:,questions,-.,Please-do not Aiesitait•.iii'-';' ••,,:-.Drive;;-drient,',NY:Coil& 'T ir, -4--------Y.,-T.61.84.4r.:- ..,Builaing,Departinefit_iiVuy'.i,':2000::-....1-calt(63i)-7,65.4809,,-,,,'-';'?,';','J.•-‘..";':, :"-No.•:100013-3-5.2.-•:'!;:k'..-;- ,',-„,-2,7; ... , .!.,.Notice of Disapproval The reason' Dated.:August 28,206,,iv;',:;1:''-•:,----•:,,,4,:,:.$:',4 640pm A.00.-i$0.'f;$,0,77 jpIIN,:o stated for the disapproval is that,the, ',.‘`,, GERARD Rqgti-iiimmi;‘;'-.1- -j ;-;.-:„vii9i,iyp,.#4N.glijs,js4,Fe44eit for it,,,,.!,,'',accessory iii7grouricy•iviimming,;pol61:1-;-; ..:J./' ,-:,•-• ',,, „C.HAr.IRMAN.. 1-Ni' rariiiieev.pliiief:Akti4014,:teiti60.%,;',and hot tub are_prOposed•ut.lessthae ,,i..,,_ -__ •,..;_-•;_CSOU':ITIOLD:T001-„,-i 4.09.-33q1fiaseikfolf:„Alfestiiistincv.:,,,100 feet from the:top•,..bt-the-bliiff-bi;if.:.',--'-- -'--130ARD•OP4A15PEALS-"; ••Tiepairtirient's.‘,Jillg.42,-;-20,001Notice.•,ob:;_,;-baiik of:-the:Long,A,slinclSound:,.,,,-, ..,i.,, .':',.,-., • ,,,5000-Mi4,Fiii-A7:1_-, ,lpisapPiiiv .flitiooilta_•.:-.0&:40e_qs "-;-71Locittio!i of'.Propertyt,!.1.900Thiail' ‘-:;---.::-7--,-'''--:',.=. _, P-,0,1113ox4).79-:.,-'''.`!, fiti,iiPw_14swic0:93..ini;13:6.6:4,0•FiitkOr'::_Road;snutbold;.parcei.10.00:50;14.-:,-;:,7 -.:Southold,NY-11.971-095-9 .. , fifty,(50)::feit'fropkthelkrit,prOpiy,-,i ., 8:002p.m.-E:L.L'FCANCER.RE4,',i'•i521-1TA.U.31 '- '":-i'?,' i•'-.• •:',,,... -Zir,V.; ty line,'requitedcint,the•_Caseofu-wa:...q SOURCE ICENTEled(I,andoWnerai j ..;-terfr9ritliarCel-*ge4 je 004cid,in 4....,,--:Mr,and Mrs.Mark.Leyey).regarding• frBondt,yard.-Li?c.atinipf frOper-t-ii 256 7, premises knowri24s_•_',§p5;1-44lap47,-, ,CittchogueiNY,Parcel , Road,Cutchogue;identified as CTM,. -4 y4 lei41. r ,',4013,08448:cg.:,:ii,-44r.,12)- -i-:=,,2,-.---...,-,Paicel NO: 10004d24-2., Highland, _,...-k• 6:5•0'''f.ritY?AiPli'f:NO:',.:i4858 -L-'• .-__Estates Subdivision Lot No:' S, I 3 b ' NOTICE'Olr';,,..-<_.'-'- T'i-';::'-'-,':',,:-"XgrxitniOilliind,:,,. .ticiAAN:cEs.,- requesting....„,.,,..---%, ,-;•;!..:,- -,5,-,,,---•,' , PUBLICH40m14,- - -'''' 11,LEULiES -OR lyii. "•'r .---- - .------1. - •A‘'''''"':=,'',),Y - ".:-,"..-"-% '''' • - ,,„;,. D V :-..-,i--MANDEL,',- ''Appl No 855• ,-Yg1„.ances_1111der, SOUL11I -. in.,,Ats ..,-,i n ;Thistsa:requettforariance_iindei,'; 'Article-III, Seetion.:10:31e'451.;40: BO _ i'-71=7,-`'-,'--ff-''..i'••1'---:-:'-;-4I4.1,0,Pc-1,1,1.-;,.*11610011;?-3g3A.1-„-:,,5e(4)::for' reduced (a) .:setbacks , ,...--, --..--;-'• - - _`-'4!.."-•!..f-3-„11.---•=-,.'3,-..i''''.,=-.,--.2:;12aiserVOn:the:Buildifig-Depa4thent's,,'-:. and/or Parking-Oithaaingareaflesi; - . ...,• -.SEPTEMBER1.4;1001Y-.. ...41.1.'_-%,,-.,..•------4i.,-.,•.,,,4-- ---f,si, '--• -;. .f-'''''.7 - 14bTICa IS'Iligg4, OTVENi:s2;- 414-1 18,?1, 900 -. ...03,4cp- :9f;;;-, than 100 Jeet of any,street bite and less than lifty.(spy feetOf,any.lotline.^,--1 pursuant to'Seetiori,267.,-atlie.Tovint.4,°:"P-Pt041•:t-'s-1-04e*ik*avielani''.4? Lawand f:•It4Fi§_•00-71160 f_ectifr45rnihe bli-if !‘ Appliaant,, _ iy,PKoptising'toi: onvest, an4 usea.4.-' 1gli.rirOPal,P4441.n,41 , -of the Town of,Siiiiihold;tlief611749411°4-1-1,),r913.g*A70.0- Y4c(vil i ing'aiiplicairo-divd-43-elielaii4,-A-61:::._;,12o,acVSOutholtkiMX ntt' a,cti (dw0. tin gal ri4.?"""Ii "ili':'SoithieEril-I MapTaT,01:1000:50:0141U5Pee,;;= -;,:.,..,-:-lOaiiioikrand`Iircipdsed'.Varkiiiegiiii55 , lic lit4.„,gr% -. e. _, , • .,.-f,',-_,•,..-6.-<5; --•,'- ...:k'A`r,-;:m- -\--,4-A 6c.;,-.1,,--;., - - - ,..t.",. • -,.,...-, ,---..i.-....:,'.:''' .' -,‘• b.uilding:;,,pinazs*:,4,1, Of Mattituck, in said : that he/she is Principal 6.44-';'jS a weekly newspaper, • Tov«/Nlic.iklux,;0F,.-APitetio-Itzs'z'-' ''' il.-P.4_,T.,,,.pp,F,;,1c!,_,,,,,,,7,9,.,..1,-.=?....1,--10 meetioe_s_tte pirtiv,r,F6tyaucn,11;. , <- .,_,- •,-- ,,---- ----t:-•--.41-.'''`;',,ROR,ERT,:..t.-,,'•;.1.GAZZCiLALJOHN l'-:,.(bi far a total lairifirea'-nrcess-thali' 'eTown ofSouthold, the,,irownliati,--53Q9Ega.45B:dasi;-_-?_:-z--- --• •......,,,, ,_, -‘,.-,,..-••-::,. • :soutlioid,116i":kiiik,-41-97,1109i§''ebi'P'e pj.i*A... This-1,:; ....w.:Ai-;qe,Itfotz ::_56,0QCqsf.,St.pie:ik*Ovici...,e4tiiIlikt h S zoning cpae,/toTif,nse_,;:pf sqvi-07.);,_f New York,and that the - l'HURSEVAt:.f:SEki'tMilitkkearia!1-C-:**-igl,":4°4--g.97,;f--;:l ! - 200 at,..theiimeetfo-i4I'igii5i4(dis`,',,,i,t5,2V:,40..t.';',?il0F.!5411Iti4,4.1:qi,ilflingy'..., health,care patieni:.,bl'eckon.tii4ParT -i 'il is ' I soon-thereaftee.a.i.P-' Ossthleis.'''."''''.- P.534/11114‘PtY4-413u.sfA10;"0?,90.iiZ;'cel of,',4o,Qii.sq.,fi,;441?,.. 'ff:r•if-r,';,--•.:1 a printed copy, has „ ,A,,i,-,A14, ! .1:;:qi.Rtico:24.434.40pToii,ailfmiocafe:,a.-,-,-..- 'Appl:::1;10 ,4,854'. :Sp'ecial."- x---:, said Newspaper once Nil'-•--PP-,_,.,_',- weeks spccessively, TANAS TSATSOS::,ims ia-reilifeif:33'.'T- ---- - -*•'-''--''".---z-t?`' ,,„_. e•,e_-,-,,, ceP_,on' uP.,q.v.. ,Pc,e.,,x. , ir.,..,....9.4_49.P.,1•• r•• • --,--•- , ,, :-.Jrom.,:tliefrolit property lie-aid leSS-'-71.00-3113:5'fa'.Coniett4.aii- exiatiiig,2— for a Lot Waiver asfprovided•;40,!,,e1,:',:_isfii,,tofin:cilty--=.-.,-(59-)„:fwv.:444-13,1,-.41i6,,qar ,,:•. -dwelling t.-: ,,a ii041-•inhca-`r re',:,fac-ilityi--,,,,n, k.._ ( .7- day Article IL Section 10026 to ',.A6'..'-.:"Dr00.461,11th ej*,z7,15vciaa45r*F•a-ziThor'7.0olog.co,.o;:.-4,9,,pp.9s,*1:1..elttp;:en nn ' County Tax map Lot: -1000=38-3L92:,-'••--- • (formerly CIIILot'9)'frimiii060-38-. Ps911,7,th(w91.4ng.4501-0778r979' ,,,Pire-FdsiAw-1.1 ,,',--*"-'' 3-93(formerly,CTM-LOt 8):On iulir-.77`-•',"-'-'-----:,1:4111.-i:APPI.. ;-_;•;4§5,7 f••,4 .."A stOCtAir0;fPu45imisse.:*&!•1--1,_:. - r • _•-.... ROBEATLINGRAM„'.:Thiiiii-a.re::: -tiled'by the Seitte:-OtNew YOrii'llice; 03- 12,2000 a Notice of Disapprovarwas-7J•- , • - ---- - • -. quest Jor.,a.Variance Article,III, used to provide'an integrated rang ' •, t--• `--id Principal Clerk ,... issued stating that Lot 9:2 merged '''--Section 166 33,baiedn'the Buildiu0:•_”.1,of,medin cal, ;an' d/or-surgical-services,:., with adjacerif,lot 93 pursuant to.See::r1');,-.._--•----4,-7 ic:',-- •-'-'-';'•-n• - iion'i•ioci--25A-Of the.Zoiiiiig.0&.:3-1':;717-Y4191-s41i-P1s1,--PaPPIIPkicF.-rj ' primarily for.m7pAttents,,on:a.tweri!•:.,,,,,,. ,..,.:0 isapprovalltodocate.u..proposetk,ttty7four,hourbasis.„-Health:'servicesn._. Location of :PrOpertyi, 850',East:' require surgical facilities;titer,-' Gillette-Drive,East Mari:iiii;±:Mathin4,4cson'9Z,,ss-?70.11:4 ar....F..'.1ipt4.9.,frP.9!;,Y.14.rd;'a_t7.„Inlay- l!,•ly;,•C/4,,,peutic..and..diagrioStic,.,equtpthent :,.20 Mandl-.Filed Map No...2038;-.Loia:49' T ''-`”PY•ar''',4.''4.-11'7n.,-9,4! iiiib. , • • .----`,,t -,': -•,' '.' -:'',-1.Parce,V.1000735784.&v t.,,;,.JP 'l'.1::-•,.,f-,-,---rooms, counseling facilities conva=. - - • 4'''-.-:-, .--•"1"*...7:10`;.:0;m:_-,APpl;:,Nd' 4826;,-.-' lescent care equipment and trauma t 0 .p.miz•AppLf,NO::•;„,4850 ; ,A..---- 1.40-Ast PENNii;-litleT 'il-;z''' ' •' '. ''clinics• 'd;'''' ..,,_. ; on,inue , care services.Out,patierit „ ,an,,, -k ...'' ALLAN_and HELEN TUTHILL...sci- - -- - ' This is a request fOr'i Variance,. ,. iiii-ar,..-..h_eariu,,g)...:7,1VRki.T,ICPCtl,WiRrOPP§94 „other,forms,of,ambulatory;health:.!. Article-,)OCiV,•".Section.'190-7.2444;ii„-Ai'll,,-„thil trta.gli4*.-gF1'eatq !'halv".66--.ft;--'',--car6"-I4cir'tie- may exist as a, Feesio_ry:::, is!,4,corp013.16V.lOCatecr a:2-;-.and-integral'services intpatien, ' based on the Building Dei -eritV ,.-....in--7;O'rth side.orC.R:48:andrwest- services.-Su nortin or aCceiso -...--- July 21 2000 Notice of-DisapprtniaM,.=• ,.1,--.. . •,'•4•.'-•r-r•-,,,,,Y;,-•-1'-•-r:- -.11;1' 13- .,::- .g ,- 7;-,' . sideznf-AYoungs Avenue;,Southold;-. uses may include'a kitchen for prepa7_,_ ` W2-it(29-11- to locate a propoSed addition with a'.2' pa-thet1o0O_55..522.,),i.,.s,„3,,I,-4.,5,--•',..,:..i,-,,-.ration of patient'meals cafeteria my. reduced front•yarCinetbic, 8i...:-. .--,.-7,2d---07-41-;•,'RE-- HgARIN- ' Ol4P-pl:-': snack/coffee-shop kir em?plolees' att' cl- _- feetThe' existing front setback',is•.-1'e-7-•-,.......-.,_;,-- /.4.--z---.t'',, , :-.'. ,----,-f,'",- ,- \ -, .,.. ,,.1,,- _—,,. .,,,•_,,f‘_,,,!... -2,-•,;,„•;-.,:?3!,-,.„, ::;2,-,,,,,,,c;,,,,f..,•-, •- ,,„•••,i,,,,:!•,,"0--_-.%,.•^-,..:,...- ,. -_,,- ,.:„,,-*.:-r ,,,':'-' .,', ‘'" '• f:k.,'`„, • ., /3 _ / `l4-,fes'J ' ,� � _ y/o/ /e, - ': 7,) II@ E OVIE 1p 71, E JUL3 l 2000 'rI NOTICE:OF '"'''• ;N'` STATE OF NEW YORK) PUBLIC HEARINGS ! )SS: I„/ SOUTHOLD'TOWN , : 1 V ,�.~, ;BOARD OFAPPEALS x„ _CO NTY OF SUFFOLK), `,THURSD+►Y, -,.-w. ;,,`' Q p, uy, (( k,s of Mattituck, in sal ,c-,,:� ,AUGUST 10;2000 ";:\ 1 NOTICE IS HEREBY„GIVEN;-A county,being duly sworn,says that he/she is Princip - ppuant;too•Section 267;of;the:Town clerk of THE SUFFOLK TIMES, a weekly newspape m code f�the,Town,of.Southq d,the,„:„. published at Mattituck, in the Town of Southol' • 9 .y_ County of Suffolk and State of Newyork,and that tF %,follpwpu applicationsgwillbe:,held' _for,.'publicx. hearings -_bye- the` :i , soU•THOLD'TOWN BOARp of Notice of which the annexed is a printed copy, he APPEALS at,the Town'-Hall;53095 t. been regularly published in said Newspaper one Main,'Road; Southold;=New"York r1197,1,:on THURSDAY,;AUGUST,:;:.1 each week for t weeks �Skccessivel ,,,. (r._ commenci g on the al di •�;�.0�2000 at the-times�noteti(aelow;or.,;- % ''asssoon thereafter as possible): _-,-- of (�� 20 o F'9'C4 on of Piop leVa 3• 49 hIY::'''°#-''''''''' g.),-.::_,<;` ` (.1(..)I ), ,Peconid:Bay:Boulev e 169,a Iinoi°;, on- '�.. on .th , _. , ! -- o,';sh&1 for C+eeil Young."`' r A,,-,, incipal Clerk gp,i.801O� .A' 0.'-'' 837 ;iii 1S-7, .30� Ped iron 2000` t',. d`.,, .qout' u_of,,-abutt gry=Owner)---'`; _¢::'` Sworn to before a this .request,, CASITY and;yMA_ � 1A �A ^ 31 ' '' HARRY' Request=for'.swimming:-'fie;) day of "J. . l 20 bD -is , ru,' CHRISTINA T.WEBER ` is ooliand hottub in'=the?e4_!ut.- t _==7� Notary Public,State of New York a lova the' ' P tion at less,-th?9,,t No.01WE6034554 a-�'��;y�d•wit>i � - the im ,requiT 4:100;fe•1V9,an _.. Qualified inSuffokCounty i 6ank;.of,the Longi=' Commission F.:oires Decem�-ber�13, aii;. # tbp of the:bluff or c.='.9 ! v (4),e,10-a_ :i d'Sound-at , •,-___:„;-„:•:.:;,,r,,-,:---- -.•Roadi. 0,14,2j ---)nei o s ,Is1aR CTM#1000- 0,1 Er!.`Plo..:Southold; W a}= • I as ;a, :r• ::7:35 p• .Appl.No.4,07This: is-.,-a:• a4 0, g, gNOERSVC ce'to`Articleilll,�` — -- - -- j ;`:;?';: request fora R; the. • i•.:r ;*% :33 S Section --b ru 21,`2 : ' • , i-.4. .,. BuildingDepartinent's Ap ,,Th '- ;" .; valVf e.. • f Utz : ... ..,tQ,..-.';;; .. • k s .Notice`, of= o,` licaticii►".. - .. Dis pproval.deme :an:o.-c nstru ' ' a cti�� a'building-,peFalk• o:co - ' „ . .. for of the on the,garage,wilk-, ;: - 1 AN-z£ .garage f rens `de' and of;pro;'- ' ocated';n`the-si "Y, 9402aP•- xbe:I - ea,0n.of- • • 'sed,me?W dwelling;-.:., , ;• `pp .985'Casea,„<,_ - - -„,isioi►-_... • `'I'IR1Rr, P;0,13„ p ce 1000-1O9:.S ..• ;}:' gue NY;_ rr. r v �q°POpinc ;C_utcho ,6,,_ ��, fr --W- '= i s�Cep'OZ 1.” ,' 43:'.' :: r ��- ,.�14. :,,� ,A l;"qNo..,,,:48.417:-.''.7.-•r--�= Jos;e; .p _ 7:40 p m PP,- CHTER:,z-' . i •.sw., MIL grid.I t for t vet_as _ f gips;o :E s request r a:Io Wa i; . Suoj;rpnoa,p+, This is• req nu',-Sectioh' under Article.; Isamu/ pull, •'providmerge.'I:ot:1000 76-.2 sr,-3uaru3pn '100-2d•.tO ,37;3 OnMay__10;, ;' •„ U. 37 7of • ,iid.vi-t., .2 from•1000-.„ DisapprOYa1'=was .- - 9ti Ii lold;a 2000 a Notice'that `pur"scant` °-5; r anoge;"aqiua issued'stating- 100-25A�of';the` y se.'Z9'.pue�I9A-,Article-11, Sectio— conformiugrlotr;.,t' agl dq pajeasla Zoning: Code th an:adjacent sc-,,e..,,, I`'CI 0prsa)lu1—shall'merge' nfoiming-lot�which;t ; -i a1enud apuit`•�i formm or no• • Enn m ownersluP_ • • ; .r•; aqa 00 iuigd a :has been held• at any time'after July '-lo;;s`B pkaclposa _•with-the firs lot,waive-r;if grant z�, '• I-nanied,,aiou 8u '1;1983.,( -.1979'•area;variari ; '-would'.void:the contained.a'r'' • - {. .--• ,T under App••2614,which'= ;subdivision:4. , '' -: `''}=� °s'=` ondition• -'requiring' = i ;nom c Tanning Boaxo).,,_; ' . =u' ,-: >', from fhe,P n-•• •�_�, ��4 z �,:^ 'approval err '�`1700`�Suuth��s�, . d ,Qr� viFf•Y'� lia,C a o';"s p y;-.Goose' -PP-,�`'-- • ; Soa....- d,• F ; `I f' ,��p�,; �y4y Drive North, F,�_1•, .. ,� - • 1 diL • `,4 , -c y.;,Wim, ..,{i'v , , ` -• ,^ :' Estates..,,,....- , will at.th , I and Ap . ti r :t `UThe Ht� °f l App ar--'.Persons::::� 'nz',:'••'�•i; : above time and,p a� - tobe: ,, 2 ti �' "�'r` }1 ,`: ottheirrepresenta v_e,desiringstate , - . ,. (- .-•--4•.g � •No:4813' •A;,&;S. r..,.«.•,ti.. iP 'siTOIt=CORPEi;t:," -.^ If,G✓iD�te5 ' i;.i8so ''�zs`r,.�'n::• INC.-• ;,(C ed from; rior,hearing i; calendars.),Troposed L canopy•with `NQTICE:OF - 'I, request,fof variance.•on-,frOnt:yard :PUBLIC HEARINGS 1. setback=and'addjtio;,n;to,6yilaingwith'•, STATE OF NEW YORK) t:.:t Jl"1' . t..Y v,;' - `SOUTHOLD'TOWN , insufficient;rreac.,yat<d,-setback'at ;.B`OARD,OF'APPEALS 49611.,'•-fRd::(and:Bayview'Rd:);,''' )SS: THURSDA' JULY6'2oO ,' ,�„ ,.S'oiitl�ald;,100Q 70-7-4: 5=`"`•n" '" p'' '- C-AUNTY OF SUFF LK) NOTICE IS,HEREBY'-,;GIVES, 9`:40':p m: AppI:',Np. -48.4 / pursuant'to Sectien'267 of:the TowiVi VI4N KOCH:This•isa request:for ea n FV j , i S of Mattituck, in said „Law• and Chapter; log,(zoning);,'-.. an;.Tnteipretation-'of:alie :honing,; county,beingdulysworn,says that he/she is Principal Code'ofr e Town'of_Southold,-the-`:, Code'-Section:100-13,'regarcling„the , y / followings applications'will be held setback(s)referred to,in the B°uilding clerk of THE SUFFOLK TIMES, a weekly newspaper, for •_public hearings,,:by` the;'. Department's May 9,2000 Notice:of published at Mattituck, in the Town of Southold, 1''SOUTHOLD'TOWN,BOARD-p Disapproval,amended•June9 2000. APPEALS at the Town Hall,53095 The'June 9,2000 Amended Notice of-. County of Suffolk and State of New York,and that the u,Main'Road,-Southold';,New'.York' } Disapproval; reads was follows: Notice of which the annexed is a printed copy, has A 11971; on THURSDAY JULY.6;�' Propose '(dwellirig)construction on 'u-200Q at e.times noted Below, or as-'.�R9n rcoriforming lot;.not,•,permitted been regularly putjiished in said Newspaper once (` 1 ursuant''toArticle=XXIV,'Section each week for / Soon'thereafter as po�Csible): - P weeks successively, 6:3U'p.m:AppI.No.4829;7;•,_DR._ 100-2448 which requires a-minimum'" commencing on the ��n ANTHONY PELUSO. -Proposed ,,,i1 front yard setback of 40 feet,subject- day .garage addition with insufficient side `lot has right-of-way across,property,. Of (/(,(o-Q 20 g() yard:setback.at;-185-Inlet'_Drive;, Lon easterly boundary creating.fwnt= ' .Greenport. , ) s;•y.', •--.- -:'•-yard-'en,•thaf•fro_mage;:Setback�ipII ' �/� '...6:85.-•p.m.;A 1' No. 4 -- �-' that''fronta e �- V k PP.•,- 835= —' . r t g -Proposed,at;12�]pt-`, �( ( /�� WILLIAM- 'F.''';-'and' GLORIA' ;feet fromboundary Of-right-of.way,- rincipal Clerk ,1ERTODATTI. Contract"Vendees 20 feet from property linef'Locatiotti ' (Limpet Co Thus is a re uest for a.' 'of Property:,.675 Suni it.Drive, rP•)--, q m Variance ' under ,Article; XJ(IV, Mattituck;Pazce1=1000-10(-1-47. ,;,;y Sworn to before me this '-nA i sectiQnl 100-2448,;based_on_the.„.., 7:50';p.m:,AppI:`No.,4818 '' G; dayof --� •Buil-din Deparhnent's'MayY12,abooi- f,MRIs`is a request fora;. !t't'�`"� 20� Notice,of_Disapproval. The reason-,f,Variance;-baseci;,cin a'J4ne 9,.200Q r that`the application'for a building,,y',Amended_Notice"of rDisapp;gval;' •permitfor a one-family dwellingwas,.;-`°Which-=reads as,follows: Proposed;. disapproved is,,that=the proosed; ',:!(dwelling) construction on non-con- CHRISTINA T.WEBER ;:structure is,located tit20 feet with a•±tformmg'lot'not.permitted pursuant Notary Pubic,Male of Now WA cantileyerand 18 feet in.the rear;and :to:Article;XXIV,3 Section'100-244B No.01i SUtI*t164 the Co 3 equines a nminimum rear which equines a minimum front yard Q yard of 35:feet;onthis11,107t sq.ft. ' setback of-40,-feet,_subject-lot has Commission syr' lot.Location of-Property:1510 East , -nght-of way,across•property on east-, ((�n 6, aJ T `��a p e r �GilletteIDriv _ Parceb- SrIL¢ouncre_ U IK.t J 00/3-W 100053$3 -�sj--':rsaar; -,�,_ ,--,�"_�-- r- `�•1'»ld.�A.-= ,?S,ry- . -1ni:ec r T ,.,, i_ tha6�frontage; Setback_•,on that ' , 6:40;p.nii pI.• No. 4838 =,1'frontage proposed,at'12•,1/2$ feet ' -_EDWARD SIDOR.Thisis a request ��,'from-"boundary of•right-of-way, 20 for).a'Variance under'Article=III;',;feet from:property_line:-Loctation_of-- Section 100- 3i ased on the Building.i,;;Property: 675,. Summit; Drive, , Department's dune 9,2000 Notice of",Mattituck;Parcel,1000=106=1-47. j Disapprova1:'iThe reason that apph- The Board of Appeals will at the cant s-'request,for a,building permit _above time and•place hear all persons o;was?disapproved is that the subject-.',or'their;representative esiiing to be, t 4lottas,two front yards,and the pro==; heard or,to submit=,written state- ,posed-accessory'structure is located'1j 'menta.(before,this`hearing is-con- withinthe,frontryard on the pastern, eluded). The hearuigs:will not start roside:of'the lot:�J:ocatio1i of Property: earlier"than-'designated:'Files;.are -200-Conklin Road,Mattituck,'NY;-• ''''available for'review'during regular. Parcel 1000-139-4-12.2.' ' ' Town,Hall_business hours(8-4'p.m.)_, I 6:50 p mf- •AppI.,No.' 4837 — ..If you have-Options,:please-do.pot ' ,HARRY;'CASITY- and ,MARIA: -'hesitate to cal-(631-)7854809. ; MISTHOS:'This is a�-request for a !=Dated:June 16;20004,'' ;rVariance Article XXIII Section 100- SOUTHOLD'TOWN 239.4(1)',ba`s'ed• onr,the' Building .- . • BOARD'OFAPPEALS ; •Department's"May 2,•2000 Notice of; .. :, : ;' -Town Hall, ',;Disapproval.-!The. " 9•'` reason stated for � ; .53095.Main Road the disapproval;is that,the accessory ' ` , Southold,NY 11971 in-ground 'swimming pool and hot 1367-1TJu22 -'- __tub are proposedkatiless'than 100 feet- ,-from,theaop°of the bluff or-bank of- , the-Long Island-Sound.-Location-of,- •Property:'•1.900 •Hyatt:, Road, Southold;Parcel 1000-50-1-3. , ,- ' ' ; 7:00 p.m.AppI.No.4833—JOHN ``t and.HELEN;ATY.DINNA,This is a F;;request:for`a=yariana0asedron the' friBuilding-Department's'.March:28; ;-2000;Notice of:Disappr',oval.The rea-- 1=,son stated-for-the disapproval is.that - i undgr,Article:III-A ection-100-, w:30A:4;theBulkT,Scbedule requires a ' 'minimum lot;size of 40,000 sq.ft.in y Aliis'R-40 Residential,,Zone District i attd•that'theproposed lot line change ; t creates a lot with-a greater degree,of =anon-conformity', - Location'- ' of ; - "Property:''l260-and '1330 ,Factory; j,'Avenue,Mattituck; -7-�8.y Parcel Nos:1000-.- i',142-1 `, - 7:10 p.m. •AppI: N. 4828 — ROBERT D'URSO and RICHARD OVERHULS --''' (Owners),'-'-: and {MICHAEL DELUCA, (Contract• ,'Vendee):`This-qs'a request-for; Lot- <Waiver,as provided under Article II, ,;Section 100-2kto unmerge Lot 1000- =106-6-35'from 1000-106-6-84. On `May 8,2000 a Notice of Disapproval. was issued stating that Lot 34 merged with-adjacent lot 35 pursuant' to Section,100-25A of the Zoning Code.; ,Location'of,Property:1645 Bayview- Avenae,,Part;of Lots H&I on the . Map of'Shores Acres,Mattituck;N.Y. sa'7:30::•pm;'-AppI: No.' 4826`• '4.1I,,..LIAM PFNNy-III , from:June 8,2 (Condaed ,. OOO;hearing'calendar.)' , '�� Propo'se'd.hhilding greater than 60 ft. wide along CR;48,Southold;Parcel lfl00-55_5-9 , H . CASHY & M . MISTHOS 1000- 50- 1 - 3 POOL & HOT TUB BLUFF SETBACK VARIANCE JULY 6TH - 6 : 50 P .M. OFFICE OF - ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631)765-1809 Fax765.1823 (or 765-9064) June 16,2000 Re: Chapter 58—Public Notice Requirement-July 6,2000 Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code(copy enclosed),formal notice of your application and hearingdate must now be mailed with a map or property sketch showing the new location of the area being considered. By Friday.June 23rd.please send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED,as soon as possible,with a copy of the project map to all owners of land(vacant or improved) surrounding yours,including land across anystreet or right-of-way that borders your property. Use the current addresses listed on the current assessment records in the Town Assessors'Office(765-1937)or the County Real Property Office in Riverhead. If you know of another address for a neighbor,you may want to send the notice to that address as well. By Friday,June 30th, please complete your Affidavit of Mailina(copy enclosed)with parcel numbers noted for each,and return it to us with the white receipts postmarked by the post office. Later,when the green signature cards are returned to you by the Post Office,please mail or deliver them to us. If any signature card is not returned,please advise the Board at the hearing. A sign is also necessary for posting at the property by you not later than Wednesday,6/28/00,and therefore must be picked up by you or your representative some time,between now and June 28th,between the hours of 8 and 4 p.m. The sign must be located on the property no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway,an extra sign is enclosed for the front yard facing each.) Thesign(s)must remain in place for at least seven(7)days,and if possible,remaining until the day of the hearing. After the signs have been in place for seven(7)days,please submit your Affidavit of Postina to us(copy enclosed)for our permanent file. When convenient,please also return the sign to us. If you do not meet the deadlines stated in this letter,please contact us promptly. It may be nec- essary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures ZONING BOARD OF APPEALS - TOWN OF SOUTHOLD:NEW YORK ------ x In the Matter of the Application of AFFIDAVIT _ OF (Name of Applicants) MAILINGS CTM Parcel #1000- g 0 - Q ( - d 3 • ----------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Cc-/Leri he. Gi v‘eI^ residing at 10LI. Tipy vtz sf i Q6 ppT•2(-�e-rsv-h , New York, being duly sworn , depose and say that: On the gyp -- day of 7 , 2000, I personally mailed at the United States Post Office in l��ue�.�Q-a--a- , New York, by, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. - aft,,,,,,i 6i.ve, (Signature) Sworn to before me this •`' c,s day of �5 v..�•.p.._ , 2000. PATRICIA A. CLARK Notary Public,State of New York c.� • ,U,4c_v C\ No.5711005 County __ (Notary Public) Commission Qualified Suffolk s ptekmber30,20O� U.S.Post Service ' CERTIFIED MAIL (Domestic Mail pni RECEIF s Affidavit or on a sheet of paper, the lot numbers • Y, No M Article Sent To:r Z: �°Verage p' :• • addresses for which notices were mailed. Thank � Q , t . cb a .. -0 Postage NW 04 11. m 3 a. mn0 44 I, .) Certified Fee _ i M D Q - a; a m Q 'k nil 12 (Endorsement Receipt el �� cc: a I i- '' (Endo emected gtRequired) m o a mT��b gwred) ( u`,�o O Total Po `D�'o 9e&Fees $ 2. qe- 11.1 _/O ri r John Witherspoon �f p0 Box 758 outhold? N'11971-0758 HARRY CASHY, MARIA MISTHOS. , Applicant NAME & ADDRESS OF ADJACENT PROPERTY OWNERS 1000-50-1-4 1000-50-1-21 Virginia M. Toedter Diane Ravitch �°' j G u.TZ 1675 York Ave. , Apt 27B PO Box 1288 New York, NY 10128-6759 Southold, NY 11971 1000-50-1- -Z/ 1000-50-1-18 .9 Jeanne C. Lowell John Witherspoon PO Box 162 PO Box 758 Southold, NY 11971-0162 Southold, NY 11971-0758 lona - C6 - / - 2- Pe,51 'j dad(RI 4_ Navte_ 12Z W ny , n1 1001 PATRICIA A. CLARK C\. Notary P No State 05 New York (Notary Public) Qualified in Suffolk County 1 - Commission Expires September 30,20©O � U,S.•Postal ` -�-,.,.� IS CERT Service` IFIED -e, •(domestir �� Ma,�o E►FA. Affidavit or on a sheet of paper, the lot numbers REC n'7 AY,tIC�e ,�tL , Sent To. o aao�era9e P "£ ,'-:addresses for which notices were mailed. Thank • o,12yeq9 mJom i. Postage c b rri �I certified , mtio h'1 Fee W -.al' - Dm (Endorsement ceipt Foo 4' a�Q Rest Requ,rod� \ ,v Fyy h�, (Endorset eDt Re4 rFed m o� f;111 1 Tota/Pasta 9e ) 7 ,a i Na JohngFees �. ° Withers st,E O Box 758 pOon t Southold, NY 1197• 1_ 758 iiy ---------------- N ks, .7$n 30 „„fk;4131;11'A-1 khol(virM to :at:, Vc ytntto!,) Og.0C icidatoti..p.4.;conqa..) 1 a l ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT OF (Name of Applicants) MAILINGS CTM Parcel #1000- ('0 - o1 - d 3 . x COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, CCc AI,_eri ht G- yet\ residing at I 0 4 .07eici vx.e .5*;, 4o rd—Ze.1- CScc-, , New York, being duly sworn, depose and say that: On the .2-0 day of ZA-K� , 2000, I personally mailed at the United States Post Office in Cue.}-Lk-a&-d- , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. Cat 1"G -CSR (Signature) Sworn to before me this ' ,,a%"day of `S k..x.v.se_ , 2000. _ PATRICIA A. CLARK Notary Public,State of New York c- _, , C`, No.5711005 -� ` Qualified in Suffolk County - a, - .4,5,. ,-,,�,', Commission Expires September 30,20®® U S Postal Service � �,• ''.'7-':..',;'' " '� � „ , 1 CERTIFIED MAILL`RECEi • , , " ' (Doritest��c Niall Only'; 'Ins -overage Provided) i ., monskiem is Affidavit or on a sheet of paper, the lot numbers m�q"rticle Sent- ° o 0 m P4 grfq �� addresses for which notices were mailed. Thank P1 _0ostage $ ' eM y � Certified Feeci: m b°' rr7 tq ,_ g sw a c c i m Return Receipt Fee a° -^^'C'', rm (Endorsement Required) 0) -----------L_ 3 0 CI Restricted Delivery Fee ._. / --------- i O (Endorsement Required) 77 ly mi Total Postage&Fees__$ (_ • _--— ---, 1 mu ( John Witherspoon mU Nan 1 m 1 PO Box 758 j o°-- Strel Southold,NY 11971-0758 \ , i - I aI nstructions r PS, , .tea HARRY CASHY, MARIA MISTHOS. , Applicant NAME & ADDRESS OF ADJACENT PROPERTY OWNERS 1000-50-1-4 1000-50-1-2( Virginia M. Toedter Diane Ravitch f' /kat'Li 3 u'T7- 1675 York Ave. , Apt 27B PO Box 1288 New York, NY 10128-6759 Southold, NY 11971 1000-50-1- / 1000-50-1-18. 9 Jeanne C. Lowell John Witherspoon PO Box 162 PO Box 758 Southold, NY 11971-0162 Southold, NY 11971-0758 100b _ - Z Pen 7 gact I e.y 4- !7iav►e_ �ad5 e, IO IA) . sf- ny , ny 10011 ZONING BOARD OF APPEALSclAjn TOWN OF SOUTHOLD X VkJC CA\\1\ In the Matter of the Application AFFIDAVIT of Appeal No. 4837 H. Cashy/M. Misthos X STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) JOSEPH A. INGEGNO, being duly sworn, deposes and says: 1. I am the surveyor for the parcel at Hyatt Road, Southold, New York, owned by Harry Cashy and Maria Misthos. 2. This is to confirm that the house was located as shown on the survey based upon the requirements of the Suffolk County Department of Health Services. 3. The house could not be located closer to the road because of the positioning of the well and cesspool as required by the Suffolk County Department of Health Services. 4. I make this affidavit knowing that it will be relied upon by the Southold Town Zoning Board of Appeals. / • te'llsza/- f'oseph A. Ingegno • m Sworn to before me this 19th day of April, 2001. �yEo LAND rvo sGL v y c icy 0�. / Ce ���4:• 01.) ► ° o o ry Public y 46• JOAN M.LUCA r• OR NEW � NOTARY PUBLIC,State of New Vick No.52-4650442 Qualified in Suffolk County Commission Expires Jan 31.20 .,_s APPEALS BOARD MEMBERSfig 0004 Cam Southold Town Hall #A 53095 Main Road Gerard-P. Goehringer, Chairman ® !� , P.O. Box 1179 James Dinizio,Jr. ; es) � Southold,New York 11971 Lydia A.Tortora ��0 ` `��� ZBA Fax (631) 765-9064 Lora S. Collins =#4Jpl' `igg +„10 Telephone(631)765-1809 George Horning ,0 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 APPL. NO. 4806 -THOMAS GURNEY 1000-112-1-10 STREET & LOCALITY: 4055 Aldrich Lane Ext., Mattituck DATE OF PUBLIC HEARING: May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The property consists of 2.0973 acres (91,358 sq. ft.) with 105 ft. frontage along a private right-of-way which extends north of Sound Avenue, in Mattituck. The property is improved with a two-story frame house with deck addition(s) set back at 100 feet from the top of the bluff. BASIS OF APPEAL: Building Inspector's March 9, 2000 Notice of Disapproval denying: (1) an application for a building permit to build an in-ground swimming pool because it will be within 100 feet of the top of the Sound bluff, in violation of Section 100-239.4, and (2) stating that an as built hot tub is located in the side rather than rear yard and is set back 18.8 feet from the lot line rather than the required 20 feet, in violation of Section 100-33B.4. RELIEF REQUESTED: Applicant originally sought a variance authorizing an 18 x 36 ft. in-ground swimming pool with a minimum setback of 54 feet from the top of the bluff. At the hearing on May 4, 2000, applicant indicated that the proposed pool had been rotated 90 degrees, resulting in a, setback of 71.3 feet from the top of the bluff and 46.3 feet from the Coastal Erosion Hazard Line. Applicant also seeks a variance authorizing the location of the hot tub as built. GENERAL TERMS & CONDITIONS (BLUFF AREAS): Construction activity of pool and deck: (1) shall be limited to the use of one tractor with attached backhoe, and (2) excess fill shall be trucked to an area off site or to a location south of the dwelling, and (3) no re-grading within 60 ft. of bluff that would change the topography. REASONS FOR BOARD ACTION DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Although the property contains over two acres, it is narrow, measuring approximately 100 feet in width. The slope of the land and the presence of a driveway make location of a pool in a permitted front yard area impractical. The house is approximately 100 feet from the top of the bluff. (2) Statements were received from applicant's architect and engineer to the effect that a pool in the proposed location will not threaten the bluff. An inspection by the Suffolk County Soil and Water Conservation District resulted in no adverse comment. Although a neighbor testified as to concerns over the stability of the bluff, no evidence was introduced to indicate that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. Page 2-Appl. No. 4806 - • f Re: 1000-112-1-10 (Gun ZBA May 10, 2000 Determination ''s ' ,s (3) The proposed pool location close to the house does not intrude on neighbors. Construction of the proposed pool, unenclosed except for required fencing, will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) The hot tub is almost entirely behind the rear line of the house proper, but a small deck off the rear of the house has the effect of placing the tub in the side yard. The location is unobtrusive. The Code requires a 20 ft. setback from the lot line for accessory structures because the property is large in overall size, but in the context of the narrow property width, the tub's setback of nearly i• 19 feet is substantial. For these reasons, grant of the requested variance for the hot-tub location will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (5) The actions set forth below are the minimum necessary and adequate to enable applicant to enjoy the benefits of a swimming pool and a hot tub while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Tortora, it was RESOLVED, to DENY the relief requested at 71.3 feet, and BE IT FURTHER RESOLVED, to GRANT alternative relief for a variance placing the proposed pool in the • revised location with a minimum setback from the bluff of seventy-five (75) feet, subject to the following CONDITIONS: (1) any decking or paving around the pool that is to any extent above •grade shall be included in measuring setbacks; (2) any, pool drainage shall be led away from the bluff and into dry wells; (3) hay bales at 10 ft. from over-cut for pool at the north side, approx. 55 - 1 60 ft. parallel to the pool; (4) owner shall submit final plan indicating final location of dry well(s) to be used in connection with pumping of pool water. • VOTE OF THE BOARD: AYES: Members Go • •er, D''' io, Tort. - ollins. (Member Horning was absent.) This Resolution was duly • P 4 'TED (4-e .-„,thwirLigir Zed / GERARD P. GOEHRINGER, CHAIRM• For Filing about May 17, 2000 RECEIVED AND /13yro THE SOUTHOLD TOWN CLERK DATE 511710 HOUR I = Sp !, Town Clerk, Town of Southol d APPEALS BOARD MEMBER- /l'�,��•••• -; ' 646\ 1 ,.#°o� gOfFO�,�40 Southold Town Hall Gerard P. Goehringer, Chairman y: ; 53095 Main Road c€, James Dinizio,Jr. • = ; P.O. Box 1179 Lydia A. Tortora • $ Southold,New York 11971 Lora S. Collins y ��Foss ZBA Fax(516)765-9064 George Horning = 1 * .0:00 Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4801 - NANCY WEBER 1000-21-5-7 STREET& LOCALITY: 160 The Strand, East Marion DATE OF PUBLIC HEARING: April 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 31,800 sq. ft. in area with 60+-ft. frontage.along The Strand, at Pebble Beach in East Marion. The lot is improved with a two-story frame house with garage and deck as shown on the April 10, 2000 site plan prepared by Michael Tortorice, R.A. The existing house is shown at 100+- feet from the southerly front property line,,100 ft. min. from the bluff line, 26.0 feet from the west side line and 22.6+- ft. from the east side line. The tie line/average line of bluff is approximately 176 feet landward of the high water line of the Long Island Sound. BASIS OF APPLICATION: Building Inspector's March 2; 2000 Notice of Disapproval citing Article XXIII,=Section 100-234A.1 of the Zoning Code with respect to a proposed 51 (+-) ft. setback from the average line of bluff for an accessory in-ground pool. Article XXIII, Section 100-239.4A.1 states that setbacks for all buildings shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank of the Long Island Sound. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance to locate an in-ground swimming pool 28 feet from the rear of the existing dwelling and 63 feet from the bluff line. The setback from the Coastal Erosion Hazard Line is 58 feet. A proposed dry well will be maintained at a minimum of 10 feet from the rear of the house and property lines. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because many properties in the area have similar building setbacks. Swimming pools are not uncommon in the neighborhood, and construction of a conventional pool on applicant's property will be unenclosed, except for required fencing. 2. The,'benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the house was located in its present position more than 20 years ago and preexisted the bluff-setback restrictions of the current codes. 3. The requested area variance is substantial and represents a 37-foot reduction in the code required 100 ft. minimum setback to the'bluff line. 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The applicant has agreed to Page 2- May 10, 2000 ZBA Appl. No. 4801 N.Weber Parcel 1000-21-5-7 accept the following conditions to mitigate any potential adverse environmental impacts. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance requested, SUBJECT TO THE FOLLOWING CONDITIONS: 1. All roof run-off and pool water drainage shall be placed in dry well(s) located south of the pool or house. 2. Hay bales shall be placed approximately 48-50 ft. from the top of the blUff, near 10 ft. overcut encompassing north, west and east sides of the pool. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent.) Th. -- o �'•n ul ,pte) (4-0). Al GERARD P. GOEHRINGER, .'AIRMAN For Filing about May 15, 2000 4 BOARD MEMBERS Gerard P. f', .�, 0eInger, Chairman J •#,p UFFO��co` / SergeDoyen - G 41 " James Di ' Southold Town Hall ruzio,Jr. Q -- , Lydia ort p ,� ��' 53095 Main Road sTe,-Aiq„ora . y ' ,� 0. Box 1179 Southold, New York 11971 �d y►a0��'�, Fax(516) 765-1823 ses -••' B Telephone(516) 765-1809 TOW OF F�PEALS ti UTHOLD I ADOPTED FINDINGS, DELIBERATIONS AND AT U LAR MEETING OF DETERMINATION Appl. No. TONITS APRIL 10 and APRIL 24, 1997 PARCEL 100064 KOURgO & 44-1-2 ELIS DATE STREET PUBLIC 54775 UBLIC HEARING: April 48, Green April 10, 1997 Port PROPERTY DESCRIPTION FINDINGS OF FACT This property Y is located in a °n the is located n R-40 Residential frontage andnortherly side of CountyZoneh District, ordinary75'0 ft. frontage Road 48 with being ghwater mark along the 63.u9 ft. area of .hi of t acre (1953 survey)• This Island aund road (re-dated DecemberThis lot contains at the the 23, 1996 and, as depicted on the a total following: one-story ) under this application 1s53 garage locatedY brick g1eis survey map along bulkhead. in the front yard area,use (single-family),improved with and accessoryy)' accessory OF deck structure January 31�p�' Building BASIS100-239PEAL which Inspector's Action A(1 reads as follows: nd Disapproval Section and under dated shore upon which there buildings located on Article XXIII, feet sounds beach shall beh set backsts a bluff or bank lots adjacent the topnot fewer landwardhundto Chapter 100-239.4A°f such bluff or than o of the Appeals. (1)• Action requiredbank. Pursuantto (100') Gary J. Fish, Building petor rby the Article XXIII, AR g Inspector. Zoning Board of by VARIANCE RELIEF REQ situateinground swim UESTED By APPLICANT: 16' fromy34 ft."ledge"from outside ngPool with deck and To locate a the closest bulkhead below the fence enclosure, ft beach area below the portion of the bluff and the five from bluff. Thedeck area, 22 feet which exists a side property the rear of the pool is shown to near ft. from Y line, 15 ft. from house, 17 ft. frombe Proposed — the ordinarythe easterly the westerly 699r the record, it is highwater mark side property a = the noted there (northerly property line, and areas level •atio would be aP Y Line (rather than bricka raised deck w between the ass.001 area or .ossibl • REASONS which would re and the fence FOR BOARD a variance). ARD ACTION DESCRIBED BELOW: (1) The granting of the area variance chap a in character of nei hborho d 0not Produce an Padre 2 - Appl. No. - (Kourkemoulis) - Decision Rendered April 24, 1997 • Southold Town Board of Appeals nearby properties because the land area in question is a size of 16' by 36.' (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant except for placement in a limited front yard area (which may also require a variance) . (3) The requested area variance is substantial in relation to the - code requirement. - (4) The proposed variance would not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because back-wash or drainage of pool water must be channeled towards the south of (south of the house) and away from the bluff. (5) The situation has not been self-created because the nonconforming setbacks of this house were established when built prior to 1963 in its present location. (6) This action is the minimum that the Board deems necessary and - adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool and deck shall not be physically attached-to the dwelling or structural part of the dwelling at any time; 2. New construction (pool and decks) shall remain open to the sky and unroofed; 3. Lighting must be of a ground effect only (no overhead lighting, and lighting must be shielded down towards the pool and the ground) . NOTE: It shall be understood that there will be no backwash or drainage of water towards the bluff area at any time whatsoever. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Tortora and Ostermann. (Member Dinizio was absent.) This resolution wac duly adopted (4-0) . I ED AND FILED BY ER R.I Y. GOER INGERTAI QLD TOWN CLERK ********************* Signed: April 25, 1997 Actions.97/44-1.2 DATE 4 j / HOUR 1 Gk. D-5 Town Clerk, Town of Southold �} g • / ', )(1r6 , � APPEALS BOARD MEMBERS '� Southold Town Hall Gerard P. Goehringer, Chairman } , = E ":+ M g 53095 Main Road Serge Doyen, Jr. ' y P.O. Box 1179 James Dinizio, Jr. N. m ' �' i Southold, New York 11971 Robert A. Villa q0/ �, `''� Fax (516) 765-1823 Richard C. Wilton -- Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION • Appl. No. 4245. Application of GEORGE and SUSAN TSAVARIS for a Variance under Article XXIII, Section 100-239.4A for permission to locate swimmingpool with fence enclosure within 100 feet ,of bluff of the Long Island Sound. Location of Property: 2170 The Strand, Lot 111 at Pebble Beach Farms,. East Marion, NY; Parcel ID No. 1000-30-2-53. WHEREAS, a public hearing was held on June 8, 1994, at which time persons desiring 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 for' a Variance under Article XXIII, Section 100-239.4A for approval of an accessory swimming pool structure with fence enclosure in the rear yard area of the subject premises: A variance is required for the reason that the rear yard encompasses that area within 100 ,feet of the Long Island Sound bluff. The setbacks of the pool structure are proposed at not closer than 10 feet to the easterly side property line and not closer than 50 feet to the existing line at the top of the bluff (or bank) of the L.I. Sound. 2. This property is known and identified as Lot No. 111 on the "Map of Pebble Beach Farms" and is improved with a single-family, two-story dwelling with porch situated at 55-1/2 feet from the closest distance to, the top of the bluff line and located 100 feet from the average top of bluff shown on the filed subdivision Also existing at the premises is an antenna dish structure, barbecue "burner," play area and deck landward of the top of the bluff. F - Page 2 - Appl. No. 4245 Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 There are steps also located sloping down the bluff to the beach area at the bottom of the bluff. 4. 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. 5. In considering this application, the Board finds as follows: (a) the overall dimensions of the in-ground swimming pool, as proposed, are 30 ft. by 15 ft. (b) the in-ground swimming pool is shown to be detached as an accessory structure; (c) there are cedar trees existing along the easterly side of the property which will continue to be maintained for screening purposes; (d) there is no other location to locate this swimming pool on this property without other variances and further consideration. The alternatives are not more feasible under the circumstances. (e) this application is strictly for an in ground swimming pool and patio areas at ground level and fence enclosure which are also subject to the approval of the building inspector. 6. It is the position of this Board that in considering this • application: (a) the relief requested is in this application is not substantial in relation to those buildings existing generally in the neighborhood and along this Sound bluff; , (b) a swimming pool structure with fence enclosure are permitted accessory uses incidental to the main use of the premises, to wit: residential. • (c) it is not uncommon for parcels along the Sound bluff to require variances for accessory structures within 100 feet of the bluff due to the limited available building area after meeting all other setback requirements of the zoning code; (d) there are similar structures in the immediate neighborhood to the west; • • q ' Pag6 3 - Appl. No. 4245 Application of GEORGE & SUSAN TSAVARIS Decision Rendered June 8, 1994 (e) the difficulties are uniquely related to the character, layout and size of the property, and the difficulties claimed are not personal to the landowner; (f) the amount of relief requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, nor will it prevent neighboring properties from enjoyment of their properties; (g) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance for an accessory swimming pool structure placed in a horizontal position, with fence enclosure SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the cedar trees as exist be properly maintained in good condition (prior ZBA Appeal No. 4080); 2. That there be no physical disturbance to or near the bluff area (north of the proposed swimming pool location); 3. That the appellants must apply for and receive a building permit (and other agency approvals which may be deemed necessary) for these new structures before commencing construction activities. 4. That there be no adverse (or overhead) lighting that may affect other properties. 5. That drainage of the pool water, when necessary, be placed within a backwash cistern or dry wells (landward of the pool area) . 6. That the swimming pool remain detached without a physical connection to the house. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio Villa and Wilton. This resolution was duly adopted. * * * lk- GERARD P. GO RINGER CHAIRMAN ° 1 , v ` ` ;r' �± APPEALS BOARD MEMBERS SCOTT L.HARRIS a • • :* - ,<< �, Supervisor Gerard P.Goehringer,Chairman %-� 's? ry{,, c' Town Hall,53095 Main Road Serge Doyen,Jr. ` •a � r P.O.Box 1179 James Dinizio,Jr. `'"f °« ` s�oberi A.V'lla Southold,New York 11971 Richard C. Wi 1 ton 4 Fax(516)765-1823 Telephone(516)765-1809Telephone(516)765-1800 BOARD OF APPEALS TOWN OF SOU-MOLD ACTION OF THE BOARD OF APPEALS Appi. No. 4124: Application of DR. AND MRS. CARL A. SORANNO for a variance to the zoning ordinance, Article XXIII, Section 100-239. 4A(1) for approval of deck addition within 100 feet of the top of the L.I. Sound bluff or bank, and Article III, Section 100-33 for approval of accessory storage building located in the front yard area, 400+- feet from the front property line. Location of Property: 31059 County Road 48, Peconic, NY; County Tax Map Parcel No. 1000-73-4-3 . WHEREAS, after due notice, a public hearing was held on September 10, 1992, and at said hearing 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; and 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 appeal of the August 14, 1992 Notice of Disapproval by the Building Inspector concerning: (a) construction within 100 feet of the top of the bluff or bank of the L.I. Sound, and (b) an accessory building in the front yard area. 2 . The premises in question is a conforming lot- having a • total lot area of approximately 2 .75 acres in this R-80 Zone District and is identified on the Suffolk County Tax Maps as District 1000, Section 73, Block 4, Lot 3 . 3 . Submitted for the record is a survey prepared' by Young & Young, L.S. showing the present layout of the buildings on the premises (i.e. existing dwelling and accessory garage which is the subject of this variance and constructed without building permits 'or variances) . ' Page32 - Appl. No. 4124 Matter of DR. AND MRS. CARL A. SORANNO Decision Rendered Otober 15, 1992 4. The deck is open and unenclosed as exists, and is proposed to remain as such. The deck extends along the westerly and easterly sides, and along the southerly section of the existing dwelling. The deck has variable dimensions between 18 feet wide and eight feet wide. (Ref: survey prepared August 7, 1992 by Young & Young, L.S. ) The setback requested is 35 feet from the (approx. ) top of bluff line as shown on the August 7, 1992 survey, and the remainder of the deck extends landward of the house. 5. The subject accessory building consists of a size 15 ft. by 19 ft. and has a height to the peak of the roof at 11.8 feet as shown on the construction diagrams submitted as part of the application with photographs. 6. The use of the accessory building is proposed for sleeping quarters or guest use; however, the use of this building is limited to storage, garage, workshop, etc. as established as customary and further provided in the accessory use provisions of the R-80 Zone District at Section 100-31C. A use variance has not been applied for as part of this area variance application for the accessory building. Such a use for sleeping or living purposes is prohibited and is not properly before the Board at this time. 7. It is the position of the Board in considering this application that: (a) •the circumstances are uniquely related to the property and there is no method feasible for appellant to pursue other than a variance - the front yard area as defined presently in the zoning code defines that yard area facing the right-of-way. The yard area facing the L.I . Sound is defined in the code as the rear yard, although it is prohibited to build within 100 feet of the L.I. Sound bluff or bank; (b) the relief is substantial in relation to requirements, however, it is not uncommon to have waterfront lot with limited rear (water side) yard areas; (c) the variance requested does not involve any increase of dwelling unity density; (d) the relief requested will not cause a substantial effect on available governmental facilities since the structure will be permitted to be used only for storage or accessory uses customarily incidental to the main residential use of the premises; Pig 3 - Appl. No. 4124 Matter of DR. AND MRS. CARL A. SORANNO Decision Rendered Otober 15, 1992 (e) the relief requested is not unreasonable due to the uniqueness of the property and the immediate area; (f) the variance will not in turn be adverse •to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the proposed construction is similar to that generally existing in the area. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Villa, it was RESOLVED, to GRANT the area setback variances requested under Appl. No. 4124 in the Matter of Dr. and Mrs. Carl A. Soranoo for a deck addition to dwelling and accessory building in the front yard area, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory building is restricted to those accessory use for storage or garage purposes (such as a hobby shop or artist's work studio) customarily incidental to the main use of the premises, not to involve a separate use, not to involve sleeping or living quarters, not to involve sales or similar gainful purposes; 2. No plumbing facilities for a shower and/or lavatory (toilet) , except that one sink with minimal plumbing hook ups will be permitted as regulated and authorized by the Suffolk County Department of Health Services; 3. No other utilities, except that electricity will be permitted; 4. Covenants in legal, recordable form shall be prepared and submitted by the applicants for acceptance, and if approved, shall be filed by the applicants with the Suffolk County Clerk' s Office binding all owners, subsequent owners, their heirs and assigns. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, and Villa. (Member Wilton, appointed on October 6, • 1992 abstained entirely. ) This resolution was duly adopted. * * lk / , GERARD P. Ge)EHRINGER HAIRMAN • • APPEALS BOARD MEMBERS SCOTT L.HARRIS I ? Supervisor Gerard P. Goehringer, Chairman • y Town Hall, 53095 Main Road Serge Doyen,Jr. James Dinizio,Jr. ; - ''-; P.O. Box 1179 Robert A.Villa l•' ' - Southold, New York 11971 Richard C. Wilton r- Fax (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. 4099 . Application of CHARLENE EDWARDS for a Variance to the - Zoning Ordinance, Article XXIII , Section 100-239. 4A for approval of deck extension between existing deck and stairs along 'the bluff of the Long Island Sound. Location of Property: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. WHEREAS, a public hearing was held on November 9, 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 for a Variance under Article XXIII, Section 100-239. 4A for approval of a northerly open-deck addition from the existing bluff stairs to the existing rear deck of the dwelling structure. 2. Under consideration in this variance request is an extension of approximately 385 sq. ft. of actual new (open) deck area near the bluff stairs. A rough sketch and photographs have been submitted to show that area between the bluff stairs and the dwelling structure under consideration. Also, board members have personally visited the site and have viewed this deck extension in the rear yard. 3 . For the record it is noted that the following permits have been found of record concerning this property: a) Certificate of Occupancy No. Z13933 dated October 15, 1985 for a deck addition 'under Building Permit rage 2 - Appl. No.-- 4099 Matter of CHARLENE EDWARDS & E. POCHTRAGER Decision Rendered November 9, 1992 No. 143462; b) Certificate of Occupancy No. Z13573 dated July 1, 1985 for construction of a garage and storage building under Building Permit No. 13908Z; c) Certificate of Occupancy No. Z15065 dated Novem- ber 3, 1986 for alteration of garage under Building Permit No. 14267Z. 4. The dwelling as exists is shown to be 26+- feet from the platform at the top of the bluff. The property slopes considerably downward from the top of the bluff with variations in contours ( 45 feet above MSL, and less) . On the beach side of the bluff, the property is vegetated. 4. 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. 5. It is also noted for the record that Article XXIV, Section 100-242A of the zoning code activates the need for a variance when the degree of nonconformance is enlarged or expanded. Although the present setback of the closest section of the house to the bluff line is shown to be 26+- feet, there is no waiver for expansions outside the footprint of the house and within 100 feet of the bluff. 6. Applicant has or is presently in the process of filing a complete application with the Southold Town Trustees requesting a review under the Coastal• Zone Management Act (Ch. 37) and/or action under the Town Wetland Ordinance (Ch. 97) of the Southold Town Code. 7. It is the position of this Board that in considering this application: (a) the relief requested is substantial in relation to the requirements - however, this deck construction is landward of an existing deck platform and stairs; (b) this project under consideration is minor in that it is a raised wooden deck which will not be disruptive or destructive to the ground areas; (c) the requested relief will not alter the essential character of the neighborhood since there is construction already existing with a similar or closer setbacks in the immediate area on adjoining properties; • '3 - APPl• No.(Th99 oe 1 gra stter of CHARLENE° :WARDS & E. POCHTRAGER Decision Rendered November 9, 1992 r ' _ (d) the difficulties are uniquely related to the property, its existing` nonconformities, and its topography, and the difficulties claimed are not personal to the landowner; (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) there is no alternative for appellant to pursue unless the appellant requested an in-ground patio through a permit process with the Town Trustees, which is not more feasible under the circumstances; (g) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a variance for the proposed addition to existing dwelling as applied in the Matter of CHARLENE EDWARDS and EDWARD POCHTRAGER under Appl. No. " 4099, SUBJECT TO THE FOLLOWING CONDITIONS: . 1. That the 385+- sq. ft. deck addition (as constructed without a permit) not be modified, enlarged, or otherwise altered, enclosed or roofed; 2. That the use of the deck extension shall remain open, unenclosed and unroofed at all times, as exists; 3 . That there be no physical disturbance to or close to the bluff area. Vote of the Board: Ayes: Messrs. Doyen, Goehringer, Dinizio, Villa and Wilton. * lk c.3'u - F ;17_2)��� . GERARD P. GOEHRINGER; CHAIRMAN . THE .�®L3'�'i TOWN CLERK DATE VVV/7 � - r� z s Y • r`2-HOUR R /O 1q"l Town Clerk, Town of ca -,' Id 1 i`` Page 5 - Minutes • ' R6giilar Meeting of June 22, 1993 °` � Southold Town Board of Appeals • ACTION OF THE BOARD OF APPEALS Appl. No. 4072 as Amended 5/20/93 . VARUJAN ARSLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold) ; County Tax Map Parcel No. 1000-52-1-8; also referred to.as Combined Lot #1 & #2 on the Map of Young & Goodale. WHEREAS, a public hearing was held on June 22, 1993 , at I J 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. AREA VARIANCE. This is an application, amended on May 20, 1993 requesting permission to locate an 18 ft. by 64 ft. wide open deck at the north side of the existing dwelling structure (under construction pursuant to Building Permit No. 21153 issued December 17, 1992. The Building Inspector' s Notice of Disapproval upon which this appeal is based is dated May 20, 1993. 2. CODE REQUIREMENT. 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- btu-f—or 'bank. • Page 6 Appl. __ . 4072 (Amended) -r Matter of VARUJAN ARSLANYAN Decision Rendered June 22, 1993 3. PROPERTY DATA. The premises in question is situated north along County Road 48 in Greenport and is a described parcel of land also shown as Lot #142 on the Map of Young & Goodale (per Assessor' s property records) . This parcel contains a total lot area of 29,142+- sq. ft. Areas seaward of the Coastal Zone boundary line (near the top of the bank) are unbuildable, which lends to the limitations for building while meeting all other zoning code requirements. 4. PROPOSAL. Proposed in this application is a request to locate an open deck extending 18 feet from the north wall of the existing dwelling to a new bulkhead (proposed) location, at a width of 64 feet (full width of the house) . The setback between the outer edge of the edge and the newly proposed bulkhead is 32 feet (confirmed at hearing) . Also proposed is a four-foot wide walkway along the easterly side of the dwelling leaving an open, unobstructed setback at 15 feet. - . 5. SITE INSPECTION(S) . (a) An inspection of the site reveals that most of the face is bank area (rather than a high bluff) at a 14-16 ft. elevation above mean sea level {ref. survey dated December 21, 1992 and photographs submitted in the record} . At the present time, the bank area is not well stabilized, and an application - is pending at this time before the N.Y.S. Department of Environmental Conservation for placement of the bulkhead structure between the beach and bank area. Also, measures will be required to be taken by the property owner to properly install drywell drains and other landscaping-planting measures to prevent rain-water runoff into the Long Island Sound areas from this property. (b) Research of town records shows that there are other lots east of this parcel with similar nonconforming setbacks. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Correspondence has been received from the Office of the Town Trustees confirming that the deck addition, walkway, and bulkhead structure as , proposed herein has been issued a variance and permit under the Coastal Erosion Management Law (Ch. 37) and Wetlands Ordinance • (Ch. 97) of the Town of Southold. 7. EFFECTS OF RELIEF REQUESTED. It is the position of this Board that in considering the relief, as amended and more particularly shown on the May 4, 1993 site plan, that: (a) • the setback at 32 feet from the proposed bulkhead ) along the L.I. Sound bank is substantial in relation to the Paige, 7 - Appl. No. 4072 (Amended) Matter of VARUJAN ARSLANYAN Decision Rendered June 22, 1993 requirements, that is, meeting 32 percent of the 100 ft. setback requirement; (b) the grant of this request will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the character and shape 'of the property as well as its topography, and the difficulties claimed are not personal to the landowner; (d) the relief as granted would not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) there is no feasible alternative for appellant to pursue, as noted below; (f) in view of all the above, the interests of justice . will be served by granting the relief, as requested and further noted below. 8. NO ADVERSE EFFECTS. It is the position of the Board that in considering this alternative: - a); the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the community, is greater, and is not unreasonable in light of limited upland area available for residential use in this rear yard area; • b) the benefit sought by the applicants cannot be achieved by a method, feasible for them to pursue, other than an area variance; - c) the relief for an open deck, in lieu of an inground swimmingpool as originally sought, is not unreasonable; d) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; e) the difficulties created are related to the uniqueness of the land and are not personal to the landowner; f) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the. health, safety, and welfare of the community. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was Page 8 - Appl. r.o. 4072 (Amended) Y ) Matter of VARUJAN ARSLANYAN Decision Rendered June 22, 1993 RESOLVED, to GRANT the relief, as anendbd f Or. ai sstba k it 32 feet to the new bulkhead as shown on tike Mir 4 31953-..3 plata prepared by Peconic Associates, Inc. , anti vos w att. t . EBastvem1y side of the dwelling leaving an open, undlEtbmxtted, acu mact, at 15 feet, SUBJECT TO THE FOLLOWING COIED '1. ? : 1. That the drywells be installed fbri pnctipez. dliiscrfc spa water; no spa water or rain water nunf; sitta1111. 1 d aso?tainged. towards the bluff face and all water shall. Bei pio d acantla x i (or removed) ; 2. That the relief granted-herein i.is liim. tl 1 to) t o o „ unroofed deck, with spa, as shown on the Mil 44,; 1.1.9)333 par prepared by Peconic Associates, Inc. 3 . That there be no roofing or other;' en ,llosl;r.e .) no) screening (temporary or permanent) ; 4. That there be no placement of vt - liamm oma; siimiJ ia'sc items in the restricted yard areas or ow c air walkway; 5. That lighting must be shielded ttm th gpmnndt. and& not 3 adverse to neighboring areas; 6. That the deck remain as a one-shnr1 c1 Kik (NA:it/kraut expansion or an upper level added) . Vote of the Board: Ayes: Messrs. IIMIraiizr m�„ T �littmrsi„ LTi Iila and Goehringer. This resolution was. duly/ attxpliedi., * * * lk GERARD) R).> GO ,; CHREIREM I fe of°1 Vf Fat der APPEALS BOARD MEMBERS ��' , .s`-``;"ry Fwi`� \ SCOTT L.HARRIS Gerard P.Goehringer,Chairman % - '1~ Supervisor ten, rx ,> . -.52117t ."; � t Town Hall,53095 Main Road Serge Doyen,Jr. `_ . - ��� ,�• P.O.Box 1179 James Dinizio,Jr. °y `" ' x=°1, Robert A.Villa O, <.-' � ��i Southold,New York 11971 �,, ' Fax (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. 4125 - GREGORY POULOS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct, deck addition (to existing deck area) , all of which is located within 100 feet of the Long Island Sound bluff or bank. This parcel is substandard in size and is located in the R-40 •Zone District. Location of Property: 135 Soundview Road, Orient, NY; also known as Lot 445 on the Map of "Orient bythe Sea, Section Two"; County Tax Map Parcel No. 1000-15-3-3 . WHEREAS, a public hearing was held on September 10, 1992, at which time allthose 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 August 20, 1992 Notice of Disapproval by the Building Inspector for relief under Article XXIII, Section 100-239. 4 for permission to locate a proposed open deck addition to existing dwelling. The setback proposed for the new deck addition is shown by the applicant to be not less than 70 feet from the top of the bluff/bank. 2. The subject parcel contains a total lot area of 24,745+- square feet with frontage of 100. 0 feet along the north side of Sound View Road and 246.91 feet along the westerly property line (shown as Ryder Landing) , as per a survey prepared by Roderick VanTuyl, P.C. dated April 11, 1980. - 3. The land is improved with a two-story, one-family frame dwelling situated 40 feet from the front (southerly) property line at its closest point, 10 feet from the westerly property line, 29+- feet from the easterly side property line, and 85+- feet from the top of the bluff/bank of the L.I. Sound. • ' Page3 - Appl. No. ,-)5 ) • YMatter of GREGORY POULOS Decision Rendered September 10, 1992 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 and principal building preexist the enactment of the bluff setback regulations adopted in 1985; (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. Dinizio, it was RESOLVED, to GRANT the relief requested for a setback at not less than 70 feet for a proposed open deck addition in the Matter of the Appeal No. 4125 (Poulos) , SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no physical disturbance to or close to the bluff area, and that protective hay bales shall be placed. 2. That the deck remain unroofed and open at all times., as proposed in this application. 3. Proposed lighting, if any, must be of a ground-type (no pole lighting) , shielded to prevent glare from• the site. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio and Villa. This resolution was duly adopted. * * * lk 0'.1%)tda_27C-ei-edet-e-04. . lerk of the Zoning Board r r APPEALS BOARD MEMBERS ����eel, j, 01p CS - Southold Town Hall Gerard P. Goehringer,Chairman �'� tib` �, 53095 Main Road o " • " - P.O.Box 1179 James Dinizio,Jr. ;0 • //�; Southold,New York 11971 Fax(516)765-1823 Lydia A.Tortora -y�ol �a�����/ Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD• - FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF NOVEMBER 13, 1997 Appl. No. 4519 - CAROLYN FISHER PARCEL 1000-51-1-7 STREET & LOCALITY: 17975 Soundview Avenue, Southold DATE OF PUBLIC HEARING: October 9, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the northerly side of Soundview Avenue, Southold. This lot contains a total area of 1.452 acres, with 115 ft. road frontage, and is more particularly shown on a survey dated May 13, 1997, amended June 24, 1997. The subject premises is improved with the following: one-story brick dwelling, accessory brick garage, accessory metal shed, and wooden platform access to stairs at top of bank. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated September 24, 1997 which reads as follows: ". . .under Article XXIII, Section 100-239.4A(1), proposed construction will be within 100 feet from the top of bank or bluff of Long Island Sound. . . ." , AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate proposed deck addition, at the northerly (rear) wall of existing dwelling. The new deck addition is proposed at 75 feet (or 80 ft.) at its closest point to the- top of the bank of the L. I. Sound (indicated on the survey in pencil by applicant) . REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the deck cannot be seen from other properties in the area. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance due to the topography of the lot in question. This lot contains a large retaining wall to the east of the proposed deck. (3) The requested area variance is not substantial representing a Page 2 - November 1997 Appl. # 4519: 1000-51-1-7 (Fisher) Southold Town Board of Appeals reduction of approximately •20 perent of the required 100 ft. setback from the top of the bank. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the deck will not exceed the setback already established by the stairway and concrete wall. (5) The situation has not been self-created and is uniquely related to the charactertistics of the layout of the land. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: MEMBERS DINIZIO, GOEHRINGER, and TORTORA. This resoluti.. as d y adopied 0) GERARD P. GOEHRIN ER CHAIRMAN Resolution Adopted 11/13/97 *********** **************** Actions.all/51-1-7 ,0!" \6 APP ., 130 ARD MEMBERS i 1' — ,il'��"�sFFOL V � �0 �- Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road James Dinizio,Jr. ; y P.O. Box 1179 Lydia A.Tortora rrt $ Southold,New York 11971 %Lora S. Collins y � ese ZBA Fax(516) 765-9064 George Horning = .( , �a0••• Telephone(516)765-1809 BOARD OF APPEALS • TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS, and DETERMINATION MEETING HELD DECEMBER 1, 1999 Appl. No. 4750- RICHARD RIBAUDO Street and Location: 1920 The Strand, East Marion 1000-30-2-56 Date of Public Hearing: October 14, 1999; November 18, 1999 FINDINGS OF FACT • PROPERTY FACTS: The subject property consists of 26,636 sq. ft. with 77 feet frontage on The 'Strand and 70 feet frontage on Long Island Sound, in East Marion. The top of the Sound bluff is ' about 200 feet from the front property line when measured along the westerly edge of the property, and about 230 feet from the front line when measured along the easterly edge. BASIS OF APPLICATION: Building Permit No. 25961-Z was issued August 17, 1999 for construction of a single-family dwelling and in-ground pool. Applicant later sought to amend the Permit to place the house and pool closer to the top of the bluff. The Building Inspector's Notice of Disapproval dated September 13, 1999 states that the proposed "amendment to permit#25961 to move placement of house and pool, places pool within 100 feet of top of bluff. Placement of pool not in compliance with Article XXIII, Section 100-239.4A.1 which states ... All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank ... shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location of the 16 x 32 foot pool approximately 86.5 feet from the "average line of the bluff' at the closest point, with an on-grade patio extending 6 feet further toward the bluff. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The subject lot is totally undeveloped. The top of the bluff runs at an angle across the lot, leaving a property that is 200 feet deep behind the bluff at its westerly side and 230 feet deep at its easterly side. Applicant wishes to locate his house roughly in line with the existing houses on adjacent lots to the east and west. If the house is so located, no pool can be built on the Sound side of the house without variance relief from the 100-foot setback requirement. (2) Applicant's request for a building permit was made with reference to setback from the "average line of the bluff," a straight line that is found on the original subdivision map. The survey submitted with applicant's request to amend the permit shows that at the westerly side of his property, the actual top of the bluff on his property is about 32-1/2 feet behind the "average line of the'bluff' and that at the easterly side of the property the actual top of the bluff is about 7-1/2 feet . behind the "average line." - Page 2- December 1, ' . Appl. No. 4750- 1'000-30-2-56 at East Marion (Ribaudo) Southold Town Board of Appeals - (3) Applicant asks to place the pool approximately 86.5 feet from the "average line of the bluff' at the closest point; that is approximately 53.8 feet from the actual top of the bluff. Applicant's original application for Building Permit # 25961 placed the pool 100 feet from the "average line"which would be approximately 67.8 feet from the actual top of the bluff. (4) The report of October 14, 1999 from the Suffolk County Soil and Water Conservation • • District states that the bluff appears to be fairly stable at applicant's property. (5) Grant of the relief set forth below will not produce an undesirable change in the • character of the neighborhood or detriment to nearby properties because location of the house and pool will be consistent with the configuration of structures on neighboring properties. (6) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a house and pool in a desirable location on his property while preserving and- protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to DENY the variance applied for and ALTERNATIVELY to GRANT a variance authorizing location of the 16' by 32' in-ground pool no less than 60 feet from the actual top of the bluff at the closest point, which would be approximately 93 feet from the "average line of the bluff' at such point, subject to the following CONDITIONS: ' (1) If the patio around the pool is built to any degree above grade, the Sound-facing edge of such patio shall be not closer than 60 feet from the actual top of the bluff. , (2) All drainage from the pool shall be directed away from the bluff and retained in a dry well landward of the pool. ' (3) The pool shall be unenclosed, apart from the fencing required by, law. Any illumination shall be shielded so as not to affect neighboring properties. (4) The pool and surrounding patio shall not be structurally connected to the house. (5) There shall be no disturbance of land at th'e north side of the pool. VOTE OF THE BOARD: Ayes: Goehringer, Dinizio , ora. (Members Collins and br i wa1 abs` �, m,, _ - ,. ' duly adop -. (3-0 . , ?cEIVED AND FLED B / THE aC30T�� W TP ' CUE-IC1'0.'7-ARD P. GOEHR- GER, CHAIR,:AN PATE 94 P:CUB //,/ SO Town Olcrlr "' _, APPEALS BOARD MEMBERS f` ,0°�S�F FO(,t• ~d ,0,, , \, COG • Southold Town Hall Gerard P. Goehringer, Chairman ��_ yl; 53095 Main Road James Dinizio, Jr. ; y 2 P.O. Box 1179 Lydia A.Tortora rr, $ Southold,New York 11971 Lora S. CollinsN. . W. ZBA Fax(516) 765-9064 George Horning = 1 * .0000 Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 30, 1999 Appl. No. 4741 - CHRISTOPHER EMERY 1000-94-1-13 STREET & LOCATION: 2735 Sound View Avenue, Mattituck DATE OF PUBLIC HEARING: September 30, 1999 FINDINGS OF FACT PROPERTY FACT/DESCRIPTION: The applicant's property is located at the north side of Sound View Avenue in Mattituck with an area of approximately 46,000 sq. ft. and road frontage (lot width) of 100 feet. The October 9, 1992 Young & Young survey shows an existing dwelling at 100 feet from the top of the _ :n bluff. The dwelling is approximately three years old. BASIS OF APPEAL: Notice of Disapproval dated August 13, 1999 regarding a proposed 16 ft. deep by 32 ft. wide in-ground accessory swimming pool structure disapproved for the reason that it is being proposed at fifty (50) feet instead of 100 feet from the top of the Sound bluff. Article XXIII, Section 100-239.4A.1 of the Zoning Code states that a minimum 100 ft. setback from the top of the bluff is required. RELIEF REQUESTED: Applicant requests a variance to locate an accessory 16 ft. by 32 ft. in-ground pool 50 feet from the top of the bluff at an angle, as shown on applicant's sketch (from the survey map). The easterly side yard for the pool is shown to meet the current code minimum-setback requirement (10 feet). ADDITIONAL INFORMATION: Applicant has submitted a letter dated September 13, 1999 from George B. Michos, Consulting Engineer, with information regarding applicant's site. Mr. Michos indicates that the construction of the pool in the proposed location will not disturb the top of the bluff or increase pressure on the soils in the vicinity of the bluff. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following • findings: Page 2 -Appi. No. 4i 1000-94-1-13 (Emery) Southold Town Board of Appeals (1) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because accessory structures are permitted in the rear yard and applicant accepts recommendations made by the Suffolk County Soil and Water Conservation District in a September 16, 1999 letter to the Board of Appeals, and the applicant's Consulting Engineer, George B. Michos, P.E. in a September 13, 1999 written opinion to the Board of Appeals. (2) The benefit sought cannot be achieved without a variance for the reasons stated by applicant at the September 30, 1999 hearing. (3) The requested area variance is substantial at a fifty (50%) percent reduction from 100 feet to 50 feet from the top of the Sound bluff. (4) In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. (5) The grant of relief is subject to the conditions set forth below, and is the minimum action necessary and adequate to enable applicant to enjoy an accessory use of an in-ground pool while preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. (6) The difficulties are not self-created. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief requested SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool always remain detached from the principal building and not be connected with a deck or other structure. 2. The pool and surrounding structures shall not be closer than 50 feet to the top of the bluff as proposed. Page 3 -Appl. 0*„ 1000-94-1-13 (Emei)4) Southold Town Board of Appeals 3. The pool structure shall not be enclosed. 4. All water drainage from the pool shall be confined to the landward area of the dwelling, and a drainage basin shall be constructed to retain water runoff. 5. Applicant agrees not to drain any pool water in the direction of the bluff and shall take all steps necessary to prevent runoff in that (northerly) direction. 6. No excavation or heavy equipment within 50 feet of the top of the bluff. VOTE OF THE BOARD: AYES: MEMBERS GOER' ►.GER, DINIZIO, TORTORA, COLLINS, HORNING. This Resolution w-: .uly _dop . . GERARD P. G i EHR NGER FILE No.806 04/19 '01 All 11( `[D:GIVEN ASSOCIATES FAX:631 ' 3622 PAGE 1 i GIVEN !t=I; ASSOCIATES REAL ESTATE APPRAISERS AND CONSULTANIS ' i , 11 l:.April 19, 2001 . , ii ii John Ciarelli, Esq. ! '-°1- Ciarelli © Dempsey i 737 Roanoke Avenue ! !':',!,�l'' Riverhead, NY 11901 ,, z,i (I'• Via Fax: 631-369-5132 . f1 Re: Variance Application of Cashy ana;t 4,, Dear Mr. Ciarelli: ii,?.' As per your request I have reviewed ', ^,file regarding the above property for the purpose of responding to your questio 'reg- Ming a somewhat revised plan submitted for the above property. Based upon this review, it appears•tti- -other than the relocation of the hot tub to , the northerly side of the proposed patioite,,;©plication appears to be quite similar to the proposed work shown on the previous p0 �1.1on. qI.:rr54 , u,., •As this is the case, I feel that there w• Id still be a negative affect on the value of the abutting Ravitch - Butz property. ' ,1 ,i Ild These valuation impacts are due to th' :higher elevation of the Cashy- Misthos- property, a factor which will compound both'tl#te noise and decrease in privacy for the , Ravitch - Butz property along with the piossib'lity of damage to the bluff caused by the construction for this project _l; r,. �' iii r. , Should you have any questions or wo �i'd like to discuss this matter further please call me. Thank you for this opportunityito,'se,;e you. • 'I,i1 ,any; li! ilii xi' '1 'Slrl rely, `11111111111000" - A-- !Pa';''k A. Given, SRPA NY .ICertified General Real Estate Appraiser#46-704 - ' •isp, lit'/ BOX 5305 , 550 ROUTE 111 , IiAUPPAUC`E;th ill- 11786 (631 ) 360 - 3474 'FAX ( 631 ) 360 . 35P2 www ;rglv•a y9 ssacrat s. cern Ir', 1 t; 04-19-01 13: 10 TO:CIARELLIDEMPSEY FROM: 6313603622 P01 a'- Y3 /' ? 1 _. - rc Giry, , c 6b '011(916° 6, ,, , 2u� ,,Ael. ."�'rlI.: 4. a • y-,� ,, ,-'.- _ .- 4 , 7, is E t' • j` ti w, •. 1. • t • -.•is i ,+ j,i `•v4`.;, ~tidy'w--1 r'' i •,f�( .'� n!, t "`/; j'e , ,yY�r L. n �. r .4.:1,;::` •'k}'� �.X-i ;•y'e1 +,a h .'�•41. at, `F-• . *.,� it,` ' $`4., ' 4• a ,^ •..�`'4 .; lin . �i�Ot,cp,-r _ •t, ',U.i•,",."l,. r:4ili f y,w, .y}S' l,,, t . ? '"" 4 „, ,it / .e�,}l,yt. -,. 43,1Sr..,.m' ,. _ 4 ; s by d 'tFa.ti's '} •� -1 arl.2• 'y j �`r 'it�l" '°�;f47 a',. .t• '.rtir'> TT ,}y,8�C\irt.,•y•Y. F K`..., `4 I \., _�__—� ± �l• ,ti � •_L�h'•t !� Yiy.: 'IYyX� SSL��i i. t'0,4,",* , , -VK„1 (.p''y` , 1 IIr1,a�,11 r r •I`114111�1 ii a' lis,,'. II' i.r1♦laa u I '��'1 I�.II111. ,1 ♦ W� . ' FFF_ _ f I - I A 't " : __ Tlll'l\Irl\11 HF. I I'• 1 do S • 131, v t4 .. ,..I{:%"l' ,, , , I lit , ! ' • .i 1.11,.',..;05.4., �,'.6 I �� �' 'a .a .t 1*, a._�'t Ink 441 ; p,,'4. 1 , •. .t y v ,.c ;, rutt of the fns Ni arJ ' *1: 4,,.;,...,,A, • t t. +:?�.y,y ��N _r-' MAR) Bl li ,n 11,1`+1 ` ItAi llfll,�,•/i:T/.+�,(Sy�a v14'13,4/1.;"f IUI✓!�"1� • �/ � � Ir ',V... ,��•!, cy, I re.(din F at :. I In'• Y1 o, Brooklyn, NY I1_01 I party of the second pan, 1 'r 1'Y.- { j WI TNESSEI H,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second pen,does hereby grant and release unto the party of the second part,the heirs or :_. r,- successors and assigns of the pans of the second part forever. '' x, '1 '"'1,1'. ,- r: ALL that certain plot,piece or panel of land,w ith the buildings and improvements thereon erected,situate,lying •'tx(,-'.'• and being in the I ,,'t x 14,, i• i• • • - SEF SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF • 1..,; I, -, n7 S. The Knrtor herein is tie sar'e person as the gran.ee in Deed dated 11/30/79 /,.•••?..",,0.'4-- l,;--t % _ T.Map recorded 12/6,79 in liber H741 cp 107. e; r 1 Dal 1000 • I ys. T"." v I +s '•7'As I ... sec 050.00 1. * ..i 't • Bit 01.00 I ''4 • � S r ',, � to[(s1 ?gi ia• 021.000 1 C3 ri ti"e!, r ICISea! ,�•'4•f i ` * ''-t d� TOGETHER with.II nght,title and interest,if any,of the party of the first pan of in and to an!,streets and • s 1 roads abutting the above-descnbed premises to the center lines thereof. TOGETHER with the appurtenances 1 / �` '. tr ! and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD • the prtmises herein granted unto the party of the second pan.the heirs or successors and assigns of the party of 1-' the second part forever . ',4:4"4.:,'If $‘`'y'i i AND the party of the first part cos enants that the party of the first part has not done or suffered anything whereby • ..:1" K>;4 ,-r•,' the said premises hose been encumbered in any way whatever,except as aforesaid i.'ry i�arr,7s. ' • . AND the party of the first part,•n compliance with Section 13 of the Lien Law,covenants that the party of the „4•��4 Yy+,ti `_ first part will receise the consideranon for this conveyance and will hold the right to receive such consideration '. t•'i'C ' f••' , as a mist fund to be applied first for the purpose of paying the cost oft e improvement and will apply the sante < "� : ',,!�F i}"t 't first to the payment of the cost of the impros ement before using any f art of the total of the same for any other y;t, t , t, � pu ,e tr '14' ,«x,{"7y ., ,,' The word"party"shall be construed as if it read"parties"whenever tt.c sense of this indenture so requires -' t ti s a ,(,, 1" WITNESS W IIESiEOF,the party of the first part has duly executed this deed the day and year first those { , .�i• • ..yl.r i . s o ..: .i - I written I a <17{ S -' i - .."'-,,,,t, ;l '`-tat* !• / ` ,'SV r i,` •?,.. • r,(t....; i- I,'rgEstAQ.,: ( ' / 'A'-!.. ' d.r at• syt r}..R' K, '. 5 - • • • �,�'•`,3ti'* .f 1`,.. �;n ty� - _LLL!(7„' C'l(_-C( •7- `.+r•s rl yl*i' }Y .,� Y, J�1\••F C. T7wFlI --- ---- t p'"f* , '4 s C1 't• ,•••' 'r. t In'-'7.'Fat f'4....."'- a l '- . $ , ... ..-N-,.., ,-"it.-4.-4k..! ,,„ 1,., e ,; it • ,s,-:..'1-,,,' rens;i yY i-;',-,..• -, .ro.'1'1'=a �i 14 _ 1 +.4 9' Jt T'�'tY`'. i •.' l i -' ' j ^e'r, . 5.. e_,.i ,r .„ 3._a ,i � " n: 4ti► 3 ,1,. • wii• :itII?* ' , � 4 �eli ,r 'r ,A• w','1AkEs ra r•,k ' ¢.;*'fC ° .L 4, ''' F sf 1k , < ^�: a - 7:-,4,-4•.,..,,,tip.,-,;,,:, v . < te � . " '4 �.R+l t.i}' iA 'ik*' '' + ' 7i. ," t '-�•,•' ^ t' I 'r A,'• : St :. it +•••• .-'.ill*'AZO'7s ; •„ , • i t .,. , 3 is „A' •yt .44s** • IV Al tins , s {a+, N Vit_ �yj ; �� ). ,:,. %OF F 13()(.I F. %It I,L1CI'CORP. '- ;O", t, � i *` „,,,!„,v-,.....,,,,,,o,,.,.•*, 1 1,,, Ivri h. SCI1EDl LE.1 -' *+�, 't r• ' t Y ,:: . :.. .74,1e-, . s' TITLE\0:632-5-6350 1 ,, r * :' o t eY:71,1,„„,,,-3 r 1, AMENDED 9/10199 t ,y.,:! ` s�Y` . �. •' '• -'. 0, 0• , . ,1 and described as follows ''sJt BEGINNING at the southeasterly corner of the herein described premises where it ..'.'‘I.-.:,..?., '.•'' intersects the southwesterly corner of land of Hadley and Judge,said point of beginning also being north 64 degrees 50 minutes 00 seconds, west 174 0 feet from a concrete J7• i„.lr.,,, monument in the westerly line of a 50 foot wide Private Road where said monument • :• ••''<''-...,.'. . intersects the southeasterly corner of land of Hadley and Judge with the northeasterly ;.y� - .=;,Y.'t .:',corner of land now or formerly of Bauman,THENCE from said point of beginning,along ' - lands now or formerly of Bauman,north 64 degrees 50 minutes 00 seconds west, 337 13 4.i ' feet to the ordinary high water mark of Long Island Sound, THENCE along the said ;�;.. t ordinary high water mark of Long Island Sound,north 30 degrees 31 minutes 46 seconds ' 'I” s.if= east, 100 06 feet to land now or formerly of Cashy,THENCE along said last mentioned „ ei t" •t• - land, south 64 degrees 50 minutes 00 seconds east, 327 78 feet to land of Hadley and `..' z " Judge,THENCE along said last mentioned lands,south 25 degrees 10 minutes 00 seconds ' vx 7.4T.,* .'a. -, • • w est,99 62 feet to the point or place of BEGINNING TOGETHER WITH a right of way 20 feet in width from Honons Lane to the premises, df t Inc southeasterly line being described as follows l'; - BEGINNING at a point on the northeasterly line of Hortons Lane, 25 feet southeasterly • '' ..'• along said line from the point of beginning of the curse in said line as altered in the sear ' • 4 1941 THENCE on a curse to the left whose center is the point of curse to said line or {'-• :,-. . . Hortons Lane and whose radius is 25 feet, a distance on said curse of 392- feet, . I�w .`v THENCE westerly on a curve to the left and parallel with the northerly line of Hortons • :'��=x.r '.: ,'•; Lane and at all points distant 25 feet therefrom a distance of said curse of 8-54 feet, • • - ' y' THENCE through beach land now or formerly of Hyatt,three courses as follows I ' 1) north 14 deg ees 59 minutes 20 seconds east,181 95 feet, 2) north 22 degrees 30 minutes west, 170 00 feet, 3) north 25 cegrees 10 minutes east,769 00 feet more or less to the southwesterly line of f 0- :. .....1, the preituses her_in described. _ SL i3JEC T,howoscr,to a nght of way rescr.ed by Walter E Hyatt,over a strip of land 20 feu'n width,the rouilieasterly line of which begins at the terminus of last described right ,% , _ -`-' r of way and runs across the premises herein conveyed,north 25 degrees 10 minutes east, .n ` its h2 tees to lands now or former.y of Walter E Hyait. , • •4`x ,i •1 C. 1 ! l s ls • Y ' s + y •Y, 4 'jx4,?- ., f[; .rrf-r :.-,"3 4dy,R ,s«• '•( ,•V. k • t k f.. 'yk 1 • �iK ' s S, • .,tr„iT y+ Y7J•n �•J?F 't`• i • , 1n ?a, 5 ,k `ae , , Y`> i • i�r+F`..0 . •�tf i v. J+s , • '--,v,-0., R z, ,• E D ":�•*;:,'14. 11990 '4�i2litirx...,;4:.:',.,:iNtl,,,411,,,,..i.e:::; i"kms • .r ..1: , c,i +?r i -.4' '. 11�` ' o.4 : t v ;11., i Page 2-SC}?iUliLE A AS COti7IMED •+ 'y + k:. �f r TOGETHER with a 25 foot wide nght of way over the southerly portion of land of , F IC -as ;. Hadley and Judge From southeasterly corner of premises in Schedule A on a bearing of : �+ , � i south 64 degrees 50 minutes 00 seconds cast, 17400 feet to the westerly line of the 50 y , Yom. -...',,,n,..., k, ,, Y.' . fi • foot private road, • ' tt�� SUBJECT to a 25 foot nght of way in southerly portion of premises herein conveyed w •I reserved for other land of Hadley and Judge,on a bearing of north 64 degrees 50 minutes »y iF 1 i �! 00 seconds west,337 13 feet to the Long Island Sound • : ., A:‘• • "` .y a 4T. .. ti. j 1 • .. r -• t : ''?• � ,, gwii °••r 1 Y•',f.'s i 1 -4 F , t . a �fi'„rpr•i. :`,..1 fit rw A+ r'i.*,.,i .f i ' 1.. 'cr r V�Kt7 r l ' , 1, jam �r-y' .+k,. .,-.. �' �.i r 4,4• 1r•', s! :�,'• - '. , yr's�� •:.i'-‘,.-;,• t . . - • . , , •'..' r w'°jr ''',4:1, t.1 • • s 6 4. � M -ti,. Kr "..-+-,fig 5' . 4 Y ti• . � ,4y ' _ __ __ . 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V • P '1�.�,vr� :'''''0"'1-•4' C +'4 '('c d c .?,..i*,- r* i rn�• $a t 14"i,5'!'a,, .td.'.1:1;:4A'' liA _41C''' , ;; 08a �,; '.,: # 1 _ ;.., r+ 082 —1 Ia-Y, ''..0 is :44+1 1 - - t �ti, t+L D �1M9"'f45N t\/Ej J .„ rt a`I:^� ' �.t:.' n C- - t?rCtln-c-n EN t'; > • t� j• , 'r (()11111 Jr; 99 SEP 21 F'l 2.59 ,�0, �• '�'� ft ,``'' 111• I L,'. .t h,.1- 1 � ', ' 'J � ,f,#•:� - t rrtitc.a[.- ---_---- ---- --� $1�^r(` • i Y J ya+ '`,r I ' . Z'r ` lit t ,' �. R.,•cd • 08208 • t`" .c z - ;'' t i •.. rwrR..,,rJmg 1 datp^,,.,1,. ) E. I, . .1 t.. I4x.1 \l.:t le, I[ sl un{t s J.r '<j l dS� . t ,,� It i s +. ' _ Page 1 ilmg l ee 1 _-- \1.,rt.ees \on _ ___ _-_ r t„�� - C 4 -- - - -- `. 'x A "v t; it radhvJ 114J.0.I[^ t3,r i ii 5 _ \ddutaad la, -- — — . .s • r. ') ie r hulauun Sub Total _—____ _ ___ akR.. IA-522 171(.vnt _l l 6 _ Sub lute( `- -� Spee Assn a th LA s:17(Slat:) - 'YJCC(Z. sm. Add — .:,it u } �#�:-) /3 �r,rrf7. 101 MRL I.\X• ----- _ •. RI'1 S A ,a?)i ,• Dual limn Dual l Dunn ',..s.,`!n r 1iii 1'..., z>'��4., Comm et Fd 1 l 1p_- �` E.J I kid lob Aplantl.nnIeI t /'�' c.: }�'(`'' \ .•' AlfriL !_ n: y Fj Iransler las 4_,00---- Alf-Masa n 1F • ��• '1 \fancier:!as 'XI' } ' roofed Copy -- �?li ) the pn•pt•rts um.nJ bt this mortgage I.u: p. `•:t P mII le Im frutcJ n)aort o:h^o lamth II "•`4• Reg Cup) - _ -- d.ellen_:mit _ .. 1 +1+ Sub total i 751-1-/ I I Sn ,.e 4pp:opnals las elau,e,m p t•e • 1 T GRARU I OI AI- 111 _ et this m,trumtm . ' • i-'• y - s Real Pruperts Ins Senl.eAgtmq Ventic:tnrn J h Community I'rrscrsalum I tn.! . ':1: a 4 Dist Section Bloc(. Lot (un.tdcrnt1011 Amount 54j"A(.4?-.74 1000 050.00 01.00 021.000 CPI' 1 arc I)uc S /a+477/” 9p+e _ r ;; / RE Eld`ED mimed _✓_ 1.r t: Gt • t > + Satuta.u.ms I)ncharger.'Releast^I Icl Propert)Omners Sladmg Addre c I) /1) ` '' - `.1 Q-tic'• t.. , ) RF(ORD&Rt ILIEN TO SEP 21 1999 I) -__ - {{ ':;•Pi I., •� • i Marcia Hefter, Esq. , ,.: Esseks, Hefter & Angel, Eugs. COMMUNITY I) -,+.s\I'46' .:`4;i t` a 108 East Main Sc. PRESERVATION Riverhead, NY 11901 FUND • • :'�eYi`a ..s ` R Title Company Information , , . '',.,, C• ts ''"f,,,, f{.' rl (o Nome Aquebogue Abstract Corp. ,i "T 71Y, .ZO'9, .,a 11tle It--- 632-S-6350 ----- 1 '• `4-'. t1� . �— S!Ifiolk Count Recordin_ & Endorsement Page . ,,,.- `='"SL4..,':;,,,'- ,, Y SMI` -,5"•'?‹. _ n,L ht ` (iii Ives 1umL lin i t Ila:1t.uli<v deed i4 .,4dir II, + 15PIIu'} INT! (11 IN5.1111'.IINI ) } 4 a',*r".0' -_ _ __ 111c p ILI1Fios ot.iciII Is 111tu1ed In �i •ay A3Y� _-- __ _--_ ---__ _ _- l(11(1i 1,(1)( ^ I1 \I\\�lllll. i _ "-� 5 1,7t1 4iA. ___-_- -__ _--._-- __ . -.[ i7,,. ,t.-s'- SOUTHOLD '- .A .ci3 — - - '' ;t x Itt Ir 11. 1.r,1i,h.p- gym, ;,; r1Axv El ri AND DI ANF S. RAVI rcH lo w.\III u J — ���,4p 4rez„D;tl;i : - - -- - -- -------- -- - - - -,14 or I I\\II I I I c�//..e. It./1” • 1 1Pi'4.V.;, lie,\I S1lIIHl ''.itsilil 1)1'11) MRI'RI\1101^:Ill,\ll,:•sl.(1•sl\ 19(111111ORI((ROl\(n(RI(II\(r , .l« (OVER( r'r -rrg,I - P P3()- ,+1 405 Curriculum Vitae • of John Joseph Paciulii MAIUNG ADDRESS: 100 SWEENEYDALE AVENUE BAY SHORE,NEIN YORK 11706 AREAS OF INTEREST: ENVIRONMENTAL HEALTH AND SAFETY,RISK MANAGEMENT.LIABILITY MINIMIZATION EDUCATION: 1989 B.S.,ENGINEERING,GEOLOGY UNIVERSITY OF NEW MEXICO ALBUQUERQUE, NEW MEXICO A.A.S. MAGNA CUM LAUDE SUFFOLK COUNTY COMMUNITY COLLEGE SELDEN, NEW YORK CONTINUING EDUCATION: UNIVERSITY OF MASSACHUSETTS NORTHEAST REGIONAL LEAD TRAINING PROGRAM LEAD-BASED PAINT RISK ASSESSMENT UNIVERSITY OF MASSACHUSETTS NORTHEAST REGIONAL LEAD TRAINING PROGRAM LEAD-BASED PAINT INSPECTION NEW YORK STATE DEPARTMENT OF LABOR ASBESTOS INSPECTION NEW YORK STATE DEPARTMENT OF LABOR CONTRACTOR/SUPERVISOR NEW YORK STATE DEPARTMENT OF LABOR AIR SAMPLING TECHNICIAN NEW YORK STATE DEPARTMENT OF LABOR PROJECT MONITORING TECHNICIAN NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION WILDLIFE MANAGEMENT NITON CORPORATION PRINCIPLES AND METHODOLOGY OF X-RAY FLUORESCENCE ANALYSIS 0/C RESOURCE MANAGEMENT PRINCIPLES AND METHODOLOGY OF NUCLEAR DENSITY MOISTURE ANALYSIS .►- EMPLOYMENT HISTORY: 1 993-PRESENT: NORTH ATLANTIC LABORATORIES.INC. 1 00 SWEENEYDALE AVENUE BAY SHORE, NEW YORK 1 1706 1 0/98:ACTING PRESIDENT_RESPONSIBLE FOR CLIENT RELATIONS. BUSINESS DEVELOPMENT, FISCAL MANAGEMENT,PROJECT MANAGEMENT OVERSIGHT,PERSONNEL AND SPECIALIZED SERVICES. 10/93- 10/98;PROJECT MANAGER RESPONSIBLE FOR TECHNICAL DEVELOPMENT OF NEW DIVISIONS AND PROJECT OVERSIGHT 1 989-1993: D.P.ELECTRIC MOTOR SYSTEMS, INC. 493-...1 JOHNSON AVENUE BOHEMIA,NEW YORK 1 1716 RESPONSIBLE FOR CONFIGURATION,DESIGN AND REPAIR OF ELECTRIC MOTORS/CONTROL AND POWER GENERATION DEVICES. LICENSURES: U.S_EPA.NYS CERTIFIED LEAD-BASED PAINT INSPECTOR(40CFR 745-226(7)) U.S.EPA, NYS CERTIFIED LEAD-BASED PAINT Risk ASSESSOR(40 CFR 745.226(7)) U.S.EPA, NYS CERTIFIED ASBESTOS INSPECTOR U.S. EPA. NYS CERTIFIED ASBESTOS CONTRACTOR/SUPERVISOR U.S. EPA.NYS CERTIFIED ASBESTOS AIR SAMPLING TECHNICIAN , U.S. EPA.NYS CERTIFIED ASBESTOS PROJECT MONITOR CONNECTICUT LEAD-BASED PAINT INSPECTOR CONNECTICUT LEAD-BASED PAINT INSPECTOR NYS D.O.H. RADIATION SAFETY OFFICER NYS DEC CLASS I WILDLIFE REHABILITATOR CERTIFICATIONS: U.S. EPA,40 HOUR HAZARDOUS WORKER LLS. EPA.CONFINED SPACE ENTRY Q/C NUCLEAR DENSITY MOISTURE ANALYSIS NITON CORPORATION,PRINCIPLES AND METHODOLOGY OF XRF ANALYSIS INCIDENT COMMAND SYSTEM FOR EMERGENCY RESPONSE TEACHING/LECTURES: MR_PACIULLI IS RECOGNIZED BY THE US EPA AND CONNECTICUT STATE AS AN INSTRUCTOR OF LEAD-BASED PAINT MANAGEMENT DISCIPLINES INCLUDING LEAD INSPECTION.RISK ASSESSMENT. LEAD REMOVAL AND LEAD REMOVAL SUPERVISION. MR. PACIULLI ALSO LECTURES REGULARLY ABOUT INDOOR AIR QUALITY INVESTIGATION AND REMEDIATION TECHNIQUES. .. s� .. s....... .... Q.g VVY PROFESSIONAL ASSOCIATIONS: AMERICAN SOCIETY OF SAFETY ENGINEERS AMERICAN INSTITUTE OF CHEMICAL ENGINEERS NYS BUILDING AND GROUNDS ASSOCIATION SUFFOLK COUNTY CHAPTER NYS BUILDING AND GROUNDS ASSOCIATION NASSAU COUNTY CHAPTER LI ALLERGIST AND ASTHMA SOCIETY RESEARCH: MR.PACIUW!ACTED AS TECHNICAL ADVISOR TO CHARLES GILBERT.PH.D.IN THE DEVELOPMENT OF A COMPREHENSIVE LEAD HAZARD DETECTION AND SCREENING GRANT PROGRAM IN THE U.S.VIRGIN ISLANDS TO CHARACTERIZE CHILDHOOD LEAD POISONING AND CORRELLARY COEFFICIENTS OF THE PRESENCE OF ENVIRONMENTAL LEAD EXPOSURE IN LOCAL HOUSING STOCK MR. PACIUW ALSO FACILITATED AND ASSISTED IN AN INDEPENDENT STUDY TO DETERMINE REGRESSIVE TRENDS BETWEEN IDENTIFICATION OF LEAD DUST BY ATOMIC ABSORPTION VERSUS XRAY FLUORESCENCE ANALYSIS.THE STUDY REVEALED THAT MANY VARIABLES MUST BE CONTROLLED FOR RELIABLE LEVELS OF QUANTIFICATION IN THE LOWER THRESHOLD LIMITS OF US EPA/HUD GUIDELINES FOR LEAD DUST. PERTINENT EXPERIENCE MR.PACIUW HAS BEEN RETAINED TO CONDUCT NUMEROUS ASBESTOS AND LEAD INVESTIGATIONS.INDOOR AIR QUALITY INVESTIGATIONS.ENVIRONMENTAL SITE ASSESSMENTS.SOUND PRESSURE LEVEL AUDITS.SPECIALIZED FORENSIC STUDIES. MATERIAL FAILURE ANALYSES AND HAS BEEN QUALIFIED FOR TESTIMONIAL AS AN EXPERT IN THE FIELD OF ENVIRONMENTAL HAZARD NOISE POLLUTION AND CONTROL I. a-1) 4FOL,rc; JET W. COCHRAN '=r °4%` JAMES A. RICHTER, R.A. SUPERVISORENGINEER TOWN HALL - 53095 MAIN ROAD y, % TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 :C9, 'V �Q�III' Tel 516)_765-1560_I) rfi,,,. __© i2 a - 1 ,1il OFFICE OF THE ENGINEERe La 2 ® 2000 TOWN OF SOUTHOLD [11-' October 20, 2000 Gerard P. Goehringer Chairman — Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: Cashy and Misthos — Drainage Calculations SCTM #: 1000 — 50 — 01 - 03 Dear Mr. Goehringer: As per your request, I have reviewed the drainage calculations and subsequent design that has been prepared by Cronin and Condon Consulting Engineers for the above referenced property. The calculations provided include the entire site and conform the current Town Codes and Standards with regard to the containment of surface water run-off. If you have any questions concerning this report, please contact my office. Si erely, 011 t./ mes A. ich er, R.A. I , ,if EXHIBIT A (1s'a-P IO/Y• i 0,s1,4 T-604;it --- ,.— .••414 111,/11 11111111 6 : C°41 /1(;6S • -- ,•,„ . .._ - ,• . , . ..., '''•. --"---.-,.„, . 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Drainage Calculations—Pending Variance (Cashy-Misthos) , Would you please review the attached engineering information with regard to surface water drainage and confirm whether or not the calculations are accurate. This was submitted for review under a request to locate a swimming pool at Hyatt Road, Southold approximately 74-78 feet from the top of the bluff. Also enclosed is a copy of a recent map prepared by Joseph Ingegno, Land Surveyor. Thank you for your assistance. 5 rol < potPO °b 60 ''�°'°� I"� ,,,�(,(,� LICENSED PROFESSIONAL ENGINEERS �U ti"" NEW YORK NEW JERSEY Cronin and Condon Consulting Engineers, LLP 1755 Sigsbee Road Phone:631-734-7250 Mattituck,New York 11952 { ! Fax :631-734-7014 October 16, 2000 Mite 101L` 4 Gerard P. Goehringer, Chairman,Zon g Board-of A••-.- Southold Town Hall = P.O. Box 1179 Southold, New York 11971 Re: Cashy and Misthos—Pool and Brick Patio 1900 Hyatt Road, Southold SCTM#1000-50-01-03 Your file No. 4837 Dear Mr. Goehringer: Enclosed please find Site Drainage Plan and calculations as requested. This information describes a drainage plan which will accommodate storm water runoff from the entire site. Minor re-grading will be required to create positive flow towards new drainage pools at a portion of the driveway area. Additional new pools will be located at a natural low point on the lot,just south of the rear deck,and will be connected to the existing pools with a 4"pipe. Sand and soil in the existing pools will be removed to maximize volume. Clean sand will be used for all backfilling of drainage pools. Cronin and Condon Consulting Engineers will observe the installation of the system and will provide a Certification of Constructed Work for Town files. Please review this information and call our office with any questions you may have. Thank you. Sincerely, WC4 Mark K. chwartz,AIA Architect/Project Manager Cashy4.doc -r --.."" -v•.•. '.+1+..+!..4.01� '_ _ .1114 VVIYL.VIY 1-H1.7G C11(CJ1 Harry Cashy&Maria Misthos SITE DRAINAGE CALCUATIONS Required Area Surface Runoff Runoff Drainage Pool Remarks Symbol Surface Area Coefficient Rate Area Sq. Ft. _ Cubic Feet 1 beach/bluff 18255 NA NA 0 Runoff to beach 2 natural donsely 5150 0.1 0.167 ae wooded area 3 pool/brick patio 1960 0.5 0.167 245 A raised wood deck 843 0.3 0.167 42 w/sandfgravei below 5 house/porch 2675 1.0 0.157 430 roofs G South Yard 6546 0.3 0.167 333 ' Grass/Planters 7 North Yard 3285 0.3 0.167 165 Grass/Planters 8 Driveway 3034 0.6 0.167 304 9 Southeast Yard 3266 NA NA 0 Self contained area Grass/Planters with natural depressions Total lot area 45014 Square Feet Required Total Drainage Pool Area 1605 Cubic Feet Proposed Total Drainage Pool Area 1666 Cubic Feet 1656 > 1505 OF OK Required Driveways drainage pool area(Area 8) 304 Cubic Feet Proposed Driveway drainage pool. (2)-4'Deer p x6' Dia 338 Cubic Feet 338 > 304 CF OK • Existing Drainage Pools South Yard-(3)4' Deep x 8'Dia 507 Cubic Feet Proposed Drainage Pools Scut,"Yard-(3) 4'Deep x 10'Dia 821 Cubic Feet Total Proposed 1328 Cubic Feet Total Required 1303 Cubic Feet 1328 > 1301 CF OK I i, 111\1 I" °Cr i 6 2000 .c-„,,�, a _f.."`;,'r' -y;M.-_.�` _ra -'r-,.�-�b-tea.,+:o-,c�.�,-_:- �:y�;„.., _-�r^�.�..�.a',..;. _ - __ _,__ _-_. -- _^. _ - _ - --^ ” - - _ ...,..„-,-5t.,',---_-,,,-.,',.,..,,,.#. <�,� ;::',e,: - ,1:; ,17 - 1 ) til [if ------1 - 121:41 \I 1--------'''.----:-----------H/ 'j. ----\\ 0 - IN r _ ii,. -iii p!, „ 0 .„., 4) 0 ____/(.5„--,-- : 4,_ , ; tz, , 1 i 14,,, 1,, 1 z - I +,�� I . . 3 . AI I • . _� t_ el N .4—• -.031-- .;MI- i f -----39- . : ,;1 I ,.�t , ® � — i4 �- / .v ! 14I -- I I__ ; __ 1 I ,Il r I r.1_ / fi'17 D ?AiGI�_FOS 1 5C7i2Q _s__ _ -_________x_75' -I (..t r _f_q._ i_c..-Ar�® - -- QST 1 i�le.1 _P�Qc,SiPtzoPaSiEo �ooc,Ssc ,iyo. r0 -o _0- — __aa - _-r3-��t?� ix +-�:/�Q:::-/ _ S - - `73 1 = 'I D =°'� 17r,r:417 ail PI ., eCT 1 6 Eaa ;I ii dill ',. I! --- --. --- --- --- L'iiI1 L.,..„,t_____,..,,..„ 1 . . _ __ _._ _. _ _ --- --MTI\t-.__ --C -- - - - ----- -;t1 .V/- 19 _HIAllr T-:6440 -- - ----- - • \ ,. , - -115 STS� �_ _. 0.i� — fir. __ — - G----1---- -- 1 r_ — Q ---i _ - - 4 1— _ _ — . + ( / `hh /� II e-2 aCHARLES R.CUDDY l� ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL. (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@eartlilink net September 14, 2000 POnEll \c II I Zoning Board of Appeals Town of Southold 200 Howell Avenue �--- 1 Southold, New York 11971 Re: Cashy Pool variance 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Pursuant to the request of Anthony Tohill, the attorney for an adjoining property owner, the applicants have consented to an adjournment of the hearing scheduled for September 14, 2000. Please confirm that this application will appear on the Board's agenda of October 19, 2000 in order to conclude hearing of this matter. Very truly yours, Charles R. Cuddy cc: Anthony Tohill CRC:cg 2 ^ 1 fa- 1. 1 ` 7lz z/ao 0/1/1-1/4413a 0-6ANTHONY B. Tomix, P.C. ATTORNEYS AT LAW 12 First Street, P.O. sox 1330 631-•727-8,983 Riverhead, New York 11901-0903 FAX 631-727-6336' July 20, 2000 VIA_FACSIIMIILE: 369=9080 Charles R. Cuddy, Esq. Griffing Avenue Riverhead, New York 11901 Re: Cashy —. Southold 2BA Dear Chuck: Here is the list of points we discussed late yesterday at your office: 1 . Limit the pool fence to the area south of the woods and within the already cleared area; 1 . Move the hot tub, --`with its expected attendant noise, to the east side of the pool; 3. Eliminate the westerlymost five feet of the proposed patio; 4 . Prevent the surface water runoff from reaching the retaining wall; 5 . Agree on a noise attenuation planting plan on the west side of your clients' property with particular attention to the area northwest of the pool and west of the Cashy house, toward reducing the passage of ground level noise and diminishing the present pedestrian traffic; 6. Reach an understanding on refraining from early morning use of the pool to allow neighbors peace and quiet during this normally peaceful and quiet time; 7 . Install a seasonal canvas cabana which would be designed to "trap" the noise. My lay sense is that the designwould have to include a canopy to project the noise back toward the pool . In its canvas appearance, the structure would resemble what one sees behind an orchestra on a stage, where the design seeks to project the noise in a direction. This "cabana" would be located at the EO'd vt.s :ot oo-OZ-Ln[' Charles R. Cuddy, Esq. July 20, 2000 Page 2 northwest side of the patio. I am concerned, in my ignorance, that the sound not bounce from the cabana against the aluminum siding on the north and west walls of the Cashy house thereby increasing the noise. I think a person with expertise would have to be consulted. • As I advised you, my clients wish your clients happiness in their home. My clients use their home as a retreat from busy professional lives in New York City. The room at the southeasternmost portion of' the second floor of my clients ' home is a study used to write books and scholarly articles . The room' s windows overlook the area of the proposed patio and pool. You can see that all of my points, excepting the fence and drainage concerns, relate to a fear that the existing inability to contain or trap noise will become unbearable. 1 ask that you convey to your clients the good wishes of my clients, with the hope we can promptly reach a reasonable and beneficial agreement . This letter is written as an offer in compromise, without prejudice and with the understanding it will not be referenced in any ZBA proceeding excepting upon our reaching an agreement. very truly yours, Anthony S. Tohill ABT/lm cc: Diane Ravitch and Mary Butz ZO'd VLS=Oi 00-0Z- Lrtr 57,( 11) CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address. TEL: (631)369-8200 PO.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 -...• crcuddy@earthlink.net August 9, 2 IE U I"1 E Zoning Board of Appeals AUG2 Town of Southold ® ��� 53095 Main Road Southold, NY 11971 Attention: Linda Kowalski, Administrative Assistant Re: Cashy pool variance application 1900 Hyatt Road, Southold SCTM 1000-50-1-3 Dear Mrs. Kowalski: We are enclosing 3 copies of the amended survey which show the wall along the westerly line of the property and also drainage basins which have been installed at the site. Please make these surveys a part of this file. Very truly yours, Charles R. Cuddyy Encs. CRC:cg • _.„., 012@onwE0 AUG Li 2, 5 2000 2022 Hyatt Road Southold, New York 11971 August 25, 2000 Mr. Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold Southold, New York 11971 Dear Gerry, I am enclosing a copy of letter* that we sent today to other members of the ZBA, inviting them to review the situation of our house vis-a-vis our neighbor, who has applied for a variance to build a swimming pool . We appreciate your visit and sound advice . Yours truly, 44 7 , 47i MarylButz Diane Ravi ch 2Sou02t2 holdHyatt NRew Yoad ork 11971 D , August 25, 2000 AUG 2 5 2000 . Ms . Lora S . Collins Zoning Board of Appeals Town of Southold Town Hall Southold, New York 11971 Dear Ms . Collins, We are writing to invite you to visit our home at 2022 Hyatt Road and inspect the issues that concern us regarding the building of a swimming pool by our neighbors Harry Cashy and Maria Misthos . We are concerned that the close proximity of this swimming pool will have an extremely adverse impact upon our property value as well as destroying the tranquility that brought us to Southold. Your chairman, Mr. Goerhringer, visited our property and suggested to us that it would be valuable if we invited you and other members of the ZBA to see the situation as well as the drainage issues that we raised at the ZBA meeting in July. Please call at 765-0010 (or leave a message at 718 834 9464) and we would be happy to meet with you on any weekend day between now and the next ZBA meeting on September 14 . Yours truly, syt4 AP Dian- Ravitch NOTICE OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 14, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 1000, Zoning Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 14, 2000 at the times noted below (or as soon thereafter as possible): 6:15 p.m. Appl. No. 4849—TANAS TSATSOS. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge County Tax Map Lot 1000-38-3-9.2 (formerly CTM Lot 9) from 1000- 38-3-9.3 (formerly CTM Lot 8). On July 12, 2000 a Notice of Disapproval was issued stating that Lot 9.2 merged with adjacent lot 9.3 pursuant to Section 100-25A of the Zoning Code. Location of Property: 850 East Gillette Drive, East Marion; Marion Manor Filed Map No. 2038, Lots 49 and 50. 6:20 p.m. Appl. No. 4850 —ALLAN AND HELEN TUTHILL. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's July 21, 2000 Notice of Disapproval to locate a proposed addition with a reduced front yard setback, at 28+- feet. The existing front setback is shown at 31+- feet from the cantilevered roof and 33+- feet from the dwelling. Location of Property: 295 Albo Drive, Laurel, NY; County Tax Map No. 1000-126-2-9. 6:25 p.m. Appl. No. 4852— HELEN GARVEY. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge County Tax Map Lot 1000-115-12-7 from 1000-115-12-8. On May 30, 2000 a Notice of Disapproval was issued stating that CTM Lot 7 merged with adjacent lot 8 pursuant to Section 100-25A of the Zoning Code for the reason that the lots were held in common ownership. Location of Property: 550 Deep Hole Drive, Mattituck, NY. 6:30 p.m. Appl. No. 4851 —WILLIAM S. RYALL, JR. This is a request for a Variance under Article XXIV, Section 100-244B, based on the Building Department's July 24, 2000 Notice of Disapproval to locate a new dwelling with a setback at 25 feet from the front property line. Location of Property: 915 Soundview Drive, Orient, NY; County Tax Map No. 1000-13-3-5.2. 6:40 p.m. Appl. No. 4856 — JOHN WOLLEBEN. This is a request for a Variance under Article III, Section 100-33C based on the Building Department's July 14, 2000 Notice of Disapproval to locate an accessory in-ground swimming pool at less than fifty (50) feet from the front property line, required in the case of a waterfront parcel when it is located in a front yard. Location of Property: 750 Bridge Lane, Cutchogue, NY; Parcel 1000-118-2-8. 6:50 p.m. Appl. No. 4858 — ARTHUR AND FRANCES LEUDESDORF/W. MANDEL. This is a request for a Variance`under Article XXIII, Section 100-239.4A.1 based on the Building Department's Page 2- Legal Notice Hearings for September 14, 2000 Southold Town Board of Appeals August 18, 2000 Notice of Disapproval to locate a new dwelling at less than 100 feet from the bluff. Location of Property: 1700 Hyatt Road, Southold, NY; County Tax Map Parcel 1000-50-01-005. 6:55 p.m. Appl. No. 4857— ROBERT GAZZOLA/JOHN ZOUMAS. This is a request for a Variance Article XXIII, Section 100-239.4(1) based on the Building Department's August 16, 2000 Notice of Disapproval to locate a dwelling at less than forty (40) feet from the front property line and less than fifty (50) feet from the rear property line, at 750 Cedar Drive, Southold, NY; Parcel 1000-78-9-5.1. 7:05 p.m. Appl. No. 4859 — ROBERT INGRAM. This is a request for a Variance Article III, Section 100-33 based on the Building Department's August 1, 2000 Notice of Disapproval to locate a proposed accessory garage in the front yard, at 600 Shipyard Lane, East Marion, NY; Parcel 1000-35-8-5.8. 7:10 p.m. Appl. No. 4826 - WILLIAM PENNY III. (Continued hearing). Variance for proposed building width greater than 60 ft. wide. This is a corner lot located at the south side of C.R. 48 and west side of Youngs Avenue, Southold; Parcel 1000-55-5-2.2. 7:15 p.m. Appi. No. 4853 — RICHARD ROMEO/VV. & K. KELLER. This is a request for a variance under Article III, Section 100-33 based on the Building Department's July 28, 2000 Notice of Disapproval to locate a proposed accessory garage in a front yard area, at 817 Jennings Road, Southold; County Tax Map Parcel 1000-54-6-18. 7:20 p.m. REHEARING: Appi. No. 4828 — ROBERT D'URSO and R. OVERHULS/M. DELUCA, Contract Vendee. This is a request for a Lot Waiver as provided under Article II, Section 100-26 to unmerge Lot 1000-106-6-35 from 1000-106-6-34. On May 8, 2000 a Notice of Disapproval was issued stating that Lot 34 merged with adjacent lot 35 pursuant to Section 100-25A of the Zoning Code. Location of Property: 1645 Bayview Avenue, Part of Lots H & I on the Map of Shores Acres Mattituck, NY 7:35 p.m. Appl. No. 4813 - A & S SOUTHOLD OIL CORP./E.M.T. INC. (Continued from prior hearing calendars). Proposed canopy with request for variance on front yard setback and addition to building with insufficient rear yard setback at 49610 Main Road (and Bayview Rd.), Southold; 1000-70-7-4. 7:45 p.m. Appl. No. 4839 - HARRY CASHY and MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold; Parcel 1000-50-1-3. 8:00 p.m. E.L.I. CANCER RESOURCE CENTER (Landowners: Mr. and Mrs. Mark Levey) regarding premises known as 895 Highland Road, Cutchogue, identified as CTM Parcel No. 1000-102-8-2, Highland Estates Subdivision Lot No. 5, requesting: Page 3- Legal Notice Hearings for September 14, 2000 Southold Town Board of Appeals Appl. No. 4855—Variances under Article III, Section 100-31 B-5a and 5e(4) for reduced: (a) setbacks and/or parking or loading area at less than 100 feet of any street line and less than fifty (50) feet of any lot line. Applicant is proposing to convert and use an existing principal building (dwelling) in its building present location and proposed parking area to meet the site plan regulations; and (b) for a total land area of less than 56,000 sq. ft., the size provided in the zoning code for use of seven (7) health care patient beds on this parcel of 40,011 sq. ft.; and Appl. No. 4854 — Special Exception under Article III, Section 100-31B-5 to convert an existing dwelling to a Health Care Facility. The Zoning Code defines a Health Care Facility as: "A structure and premises regulated by the State of New York and used to provide an integrated range of medical and/or surgical services, primarily for in-patients, on a twenty-four hour basis. Health services may require surgical facilities, therapeutic and diagnostic equipment rooms, counseling facilities, convalescent care equipment, and trauma care services. Out-patient clinics and other forms of ambulatory health care facilities may exist as accessory and integral services to the in-patient services. Supporting or accessory uses may include a kitchen for preparation of patient meals, cafeteria or snack/coffee shop for employees and visitors, gift shop, laundry, pharmacy and staff offices (for bookkeeping, administration, medical records, etc.) Shall otherwise be known as a "general or specialized hospital", a "rehabilitation center," rest home" or"adult home." 9:00 p.m. Appl. No. 4860 — OLD HARBOR ASSOCIATES. This is a request for a Variance under Article III, Section 100-33 based on the Building Department's July 28, 2000 Notice of Disapproval for the reason that a proposed accessory three-car garage will encroach partly in the side yard, at 1195 Old Harbor Road, New Suffolk, NY; Parcel 1000-117-3-8.6. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: August 28, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Page 5-Minutes -� ! Regular Meeting -August 1, /GOO Southold Town Board of Air:- _.S Public Hearings. continua 8:06 p.m. Appi. No. 4847-- ROGER YOUNG &ORS. Request for Lot Waiver under Section 100-26 to unmerge Lot 1000-128-3-12.4 from 128-3-12.5,based on the June 22,2000 Notice of Disapproval issued by the Building Department stating the Lot 12.4 merged with adjacent lot 12.5 under Section 100-25A of the Zoning Code. 3495 and 3585 Peconic'Bay Boulevard, Laurel; 1969 Minor Subdivision Map for Cecil Young. Gary Flanner Olsen, Esq. spoke in behalf of the applicants. Mr. Myron Young also spoke about the family history to the best of his knowledge. No one spoke in opposition at the hearing. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Tortora,and duly carried,to close(conclude)the hearing. This Resolution was duly adopted(4-0). Also see the office file as well as the transcript of verbatim statements prepared under separate cover by Lucia Farrell,for statements and other information of record. 8:27 p.m. Appl. No. 4837-HARRY CASHY AND MARIA MISTHOS. A postponement was requested by A.Tohill, Esq. and acceptable to the applicants. RESOLUTION: Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried,to postpone the hearing to the September 14. 2000 hearing calendar. Vote of the Board: Ayes: All (4-0). 8:28 p.m. Appi. No. 4846-W. and K. KNOERSCHILD. Request for a Variance under Section 100-33, based on the Building Department's April 21,2000 for a garage proposed in a side yard location. 985 Case's Lane Extension, Cutchogue; 109-5-14.43. Mr. and Mrs. Knoerschild were both present and submitted a letter from the immediate neighbors,K.and W. Ketcham. No one spoke in opposition at the hearing. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Horning, and duly carried, to close (conclude)the hearing. This Resolution was duly adopted(4-0). Also see the office file as well as the transcript of verbatim statements prepared under separate cover by Lucia Farrell, for statements and other information of record. 8:38 p.m. Appl. No. 4826-WILLIAM PENNY. Thomas McCarthy spoke in behalf of the applicant. Mr. McCarthy was asked to reduce his statements in writing to the Board as to why he felt the variance was not necessary. No one spoke in opposition at the hearing. After receiving testimony, motion was offered by Chairman Goehringer, seconded by Member Homing, and duly carried, to RECESS the hearing to the SEPTEMBER 14, 2000 Hearing Calendar. This Resolution was duly adopted (4-0). Also see the office file as well as the transcript of verbatim statements prepared under separate cover by Lucia Farrell,for statements and other information of record. Page 46—Oct;g ' 1 S -zvO0 ZBA Public Hes NOV b 3 2000 if Town f o S , ji 8:57 P.M. — Appl. No. 4837 — H. CASITY/M. MISTHOS (Con cnued—hearingJto.m 9/14/00 and 8/10/00). Proposed swimming pool and hot tub at less than 100 feet from the top of the bluff or • bank of the Long Island Sound, at 1900 Hyatt Road, Southold;Parcel 1000-50-1-3. CHAIRMAN GOEHRINGER: Is counsel present? Counsel who made the application? Is there anything you'd like to start out with Charles? CHARLES CUDDY, ESQ: Yes. As the Board may recall this application was made in July - it was heard in July. It was then adjourned at the request of various people until August and then September and now we're here again. So this is our second hearing. My clients are Mr. and Mrs. Cashy, just to give the Board some idea of what.they're doing. They want a pool that's in the 100-foot bluff area. We're 74 feet back from the top of the { bluff. The Cashys have three children. Mrs. Cashy is (inaudible-papers rattling at dais). Mr. Cashy owns his own company. They come here frequently. They come on weekends during the summer. They come during the fall, winter and the spring. So they use this house on Hyatt Road essentially on a yearround basis. They would like to have, virtually everybody else has with this type of house, and that's a pool. The pool is in as I said, in the bluff area but we've said to the Board and I think you have before you evidence that there's no destabilization of the bluff and that we were concerned with drainage because drainage had been an issue of that site. We've had engineers work on the drainage; we've delivered to you special plans, and I have both Mark Schwartz who's an architect and John Condon who is an engineer here to explain their plan to you to show that there will be absolutely no water that will go from this site on to the site to the west of this concern. So I first like them to discuss that with you. MR. MARK SCHWARTZ: My name is Mark Schwartz. I'm an architect with Cronin & Condon Consulting Engineers. CHAIRMAN GOEHRINGER: Would you raise your right hand. Do you solemnly swear the information that you're about to give us is the truth to the best of your knowledge? MR.SCHWARTZ: I do. CHAIRMAN GOEHRINGER. Thank you Sir. Could you just adjust that mike a little better so we can— BOARD SECRETARY KOWALSKI: Just pull it closer. That's good. CHAIRMAN GOEHRINGER: Thank you. MR. SCHWARTZ: I believe you have in front of you a site plan indicating site drainage and site drainage calculations. We divided the site plan into nine different areas. We've I ' t f c Page 47—'Octobe. 1_, 2000 ZBAfPublic Hearings "Town of Southold used the coefficient runoffs based on Southold Town Code and based on overall calculations, we believe there will be additional drainage pools required. We've shown one set of pools in the driveway area, and a second set of pools beside the existing house which will accommodate the volume required based on a two inch soil & water calculation, and that is it. CHAIRMAN GOEHRINGER: We just recently, it's not that we don't believe you, I just took it upon myself to send this over to the Town Engineer to review, and I just, I have had and seemingly do not understand why the builder of this house - this has nothing to do with the owners of this piece of property, built the existing drywell, storm drain, whatever you want to call it, in its present location which you're referring to on this site plan as existing pool. I just think it's in a poor location. I think it does, it could infringe upon the cliff itself. I'm not an engineer. But I very rarely ever see something like this to be done. Do you have any particular problems with this existing pool as it exists? I'm referring to the one as shown. MEMBER COLLINS: You mean in Area 3? CHAIRMAN GOEHRINGER: In area 3. Yes, I guess you'd say area 3. MR. SCHWARTZ: No, I don't but I do believe that is somewhat the natural lowest point of the property and had been excavated to some degree to accommodate that but I believe that's a natural low point of the property. CHAIRMAN GOEHRINGER: Is there anyway of moving that, or piping that to an alternate location? MR. SCHWARTZ: Yes, actually part of our proposal is to pipe that to the new pool that we're proposing right next to it. CHAIRMAN GOEHRINGER: OK, which is in area four. MR. SCHWARTZ: So it's a combined chain reaction. CHAIRMAN GOEHRINGER: All right, any questions of this gentleman? Ladies, and gentlemen? No? I guess not. Thank you. Mr. Condon. MR. CUDDY: I would ask and I assume that it has been that that plan has been made part of the record, and I also ask the Board to accept two copies of decisions that the Board has made within the past sixteen months which affect properties on Hyatt Road in the bluff area. One of them is from August of 1999 Carnavale. They ended up 25 feet from the bluff. They started closer. They started 31 feet but they are now at a point with a deck that has essentially 25 feet from the top of the bluff area. The other was one that was done recently, Leudesdorf. They are 70 feet back to the top of the bluff and both of Page 48 —October 1 c, ZBA Public Hearings Town of Southold these people are at the same street, Hyatt Road. They're both to the east of this property. So I would just like to make those part of the record. CHAIRMAN GOEHRINGER: Thank you, Sir. What else would you like to tell us, Mr. Cuddy? MR. CUDDY: At this point I understand that there are people here who are opposing the application. I don't know the basis actually of their opposition. I'd like to reserve the right to respond to that opposition. • CHAIRMAN GOEHRINGER: Surely, at any time. We are ready, Mr. Tohill. ANTHONY TOHILL, ESQ: Thank you Mr. Chairman, Members of the Board my name is Anthony Tohill. I'm an attorney. My office is at 12 First Street, Riverhead. I'm`here this evening with Mary Butz, who is one of the residents in the house to the immediate west and seaward of the Cashy's residence. I am also accompanied by Steve Maresca, Consulting Engineer, a familiar face to this Board. He's going to talk about the exact details of this proposed pool, hot tub, and patio arrangement. He's also going to talk about water runoff on the property. I'm here accompanied by John Tooley from North Atlantic Laboratories, who is an expert in environmental matters including geology and noise transmission, including transmission of noise from hot tubs and pools. I'm also -accompanied by Patrick Given, another familiar face to the Members of this Board, a certified appraiser who is going to discuss the impact of a grant of the variance relief on the property value of my client, which is a fact that the Board knows, which is very important. Behind me and in front of you this evening, and counting me as well, there are eight professionals. Eight professionals plus or minus how many years of college or post-graduate education, and we're all here this evening to debate whether or not Lydia Tortora would be comfortable as a Member of the Board, if I were to present this application right now standing up here (on the Board dais). Does it have any affect on you if I stand here and present the application? And I'm watching the body language of Lydia Tortora right now, and she does not need to answer that question. The point has been made and if I don't kill myself, I'm going to get down from here right now. CHAIRMAN GOEHRINGER: I should have had you sign a waiver before you got up there (jokingly). Mr. TOHILL: Yakaboski is still drafting it (jokingly). MR. TOHILL: Here's the problem in a nutshell. The words that come to mind are awkwardness, incompatibility and please God, sensitivity. The four of you here this evening are our way to redemption on this application. This has become a test of wills. The Cashy side wants a swimming pool, a patio and a hot tub, and they want it in a style where I would be addressing you atop Lydia Tortora's left shoulder. As Mr. Cuddy indicated, the Cashy family has three children. We do not have three children on our site. We're equal under the Zoning Ordinance, and the flag was still over the White House Page 49—Octobe 2000 ZBA Public Hearings Town of Southold when I left Riverhead tonight. So we're OK here with you if we can make our case under the law that we please want to be left in peace on our property. What we do on our property is not maintain a swimming pool. We do not have a 2100 sq. ft. patio together with the deck twice the size of the existing house-more than twice the size of the existing house. The largest single structure for indoor and outdoor living on that whole stretch of the bluff. On our side of the boundary line this is what we do. I'm holding up in my hand and I'm going to hand up and make part of the record, the August 27, 2000, New York Times Book Review and you'll notice that the cover is about a new book and the author is Diane Ravitch. Diane Ravitch lives in that house that I'm trying here tonight to protect, and that book was written and I'm handing up a photograph; it's already marked Exhibit A. It was written in the top study or what was once a bedroom, which will look right out at the hot tub and the patio and the pool. There is no massive separation between these properties. As Exhibit B, I'm handing up a photograph, which is a shot from the south or landward side of the Ravitch and Butz house looking north to the sound so that from the bedroom that that shot is taken next to, to the boundary line, the common boundary line is a distance of only 10 feet. Now here is a shot marked Exhibit B, from the backyard from the Ravitch and Butz' residence which shows the scale, the awkwardness as I mentioned before of the Cashy house as it now stands vinyl sided towering over the residence of Ravitch arid Butz. Now that's allowed under the code. The house does not exceed the height requirement. It actually complies dimensionally with the requirements of the code and so one can't easily or fairly complain, and these neighbors have gotten along well until now. We hope we get along after this. However, we just want to be treated equally as they under the Code and under the Zoning Law and I'm going to have something to say about the Zoning Law before the evening is finished. Zoning Laws is understood by, the Appellate Division of the Second Department of the Supreme Court of the State of New York where cases exactly on point have been treated. Multiple times, three times in the last eight years in Supreme Court, Appellate Division, in Brooklyn. Swimming pools and the question of whether or not a Board has a special standard to deal with in considering an exact application of this kind. I'm going to hand up the text of each of those. I'll hand up Mr. Cuddy a copy of them as well. Here is the problem, or, the beginning of the problem. Here is Exhibit D. This is a view from the Ravitch/Butz's property line with Cashy looking due east across the back of the Cashy property and you can see that there is a change of grade that is very impressive from one side of the property to the other. Here is the opposite view. This photograph is marked as Exhibit E. So this is from the property to the east of Cashy looking back toward Ravitch and Butz where you can see the tremendous change in grade, which is a major complicating factor because it means - that when things change on the Cashy property there are engineering, there are structural, there are water runoff considerations that were raised by the way on July 6t. Member Dinizio, started it at the beginning of the meeting. It didn't go anywhere. At the end of the meeting, Member Tortora started into the same thing. It didn't go anywhere. It was all left unresolved as a result of which nobody ever really got their arms around the problems. Tonight we hope that we're going to get our arms around the problems. Here is a photograph marked as Exhibit F and another one marked as Exhibit G, both dated July 31s` ;of this year. I don't think anybody on the Board can claim to remember July 31s`. It was simply another rainfall. Not a two-inch rainfall but what the Chairman is Page 50—October 19 z,-u00 ZBA Public Hearings Town of Southold holding in his hand, and I•hope he'll pass it around is two photographs on July 31st showing the water reception ring that you said was in a bad place. That the architect said was in the right place where we have ponding with that overflowing within 20 feet of the Ravitch/Butz house as a result of which they're taking water in the basement of that house. The reason is, the Cashy residence was built so that there is a slope, a tremendous slope from side to side where the water has to go some place and that ring is not taking it and I haven't read, we haven't seen the coefficience or the other numbers but Mr. Maresca is going to talk to you tonight about what it takes to catch the water on that property and there's nothing there to catch the water right now. • What I just handed you is a Joe Ingegno drawing that shows part of the problem here. You know from the drawing that you saw on July 6t', the one that Member Dinizio picked up on, right at the very beginning of the meeting, that if you stood on the east side • of Cashy, right where that patio is going to begin, on the east side of Cashy, you would be at an elevation 52. If you're standing and you can orient that drawing so you're at the southeast corner of the Ravith/Butz residence you'll that the elevation is 34. That's an enormous change in a distance of about - it's less than 100 feet. In fact, if you look also at the drawings you saw on July 6th, you will see that Member Dinizio pointed out that it dropped from 52 feet on the east side of that 2100 sq. ft. patio to 40 feet on the west side of the same patio. 40 to 41, 42, is right in that range. That means that one of them dropped from 42 feet to 34 feet in only the last 30 feet running from side to side. So that from the bulkhead for the new hot tub, from the west edge of the proposed patio, you would drop 8 feet from 42 feet to 34 feet in a run of less 30 feet. That is an extraordinary change of grade. There has been no effort to address any of that in any of the material that has been presented to you so far. So here's the problem. We have a house that's on top of us. That the reach of the house toward the Ravitch and Butz house will double, literally double and then some, as a result of the introduction of this change in that neighborhood. So the proximity on a linear basis; we have this different kind of proximity where they're on top of us. The result is that the construction is going to be dramatic. Mr. Maresca is going to try and describe that to you. The result is that there's going to be water runoff that hasn't been addressed. It's been alluded to here but it has not been addressed. It sure hasn't been resolved. You have a vinyl sided house, the Cashy house. It's hostile to the absorption of sound. That's why you don't have vinyl in rooms like this. It would be bouncing off of everything and so what will happen is that the children play in the pool, or as the adults drink their cocktails on that 2100 sq. ft. patio with the deck above it, in the hot tub, not even 30 feet from the revenging Butz bedroom and right there at the study where minding their own business, it's not against the law, somebody is writing a book, or, writing an essay, or, getting ready to teach at NYU or some school in New York City. It's not against the law to do that. It's also not against the law to have three children that want to have a pool but it is against the law to be indifferent to each other, because under zoning you try to institute stability and try to'say, it's OK to be distant a little bit from each other. It's OK to keep your noise on your side of the fence. It's OK to keep your surface water runoff on your property. It's OK to be sensitive to each other. That's what we're trying to Page 51 —Octobe. . 2000 i ZBA Public Hearings . Town of Southold get to tonight where we can raise the level of the inquiry so that everybody understands it's not fair just to dump this thing right on top of my clients who will be blown out of their house, which would become a receptacle, not for a pleasant retreat from New York City - into a receptacle for noise and a receptacle for insults. Not that the Cashys are clearly insulting my clients but simply it's insulting to be insensitive and indifferent and they want some respect, and they're here asking you to provide that respect and they're confident, comfortable by the way that you will provide that respect based upon the law. Now I mentioned before that there's actual law directly on point. If I hand this up I know there's a number of teachers and former teachers in the room, that I'll lose everybody's attention. So, therefore, I'm going to hold this for the moment and please don't even try to read it tonight. I'm going to defer it this moment first to Steve Maresca and then to John Tooley and finally to Pat Given, and I hope to get up as briefly as I can on a sum of the law and how it applies with the facts presented to you. Thank you everybody. CHAIRMAN GOEHRINGER: Will you raise your right hand. Do you solemnly swear that the information you're about to give us is the truth to the best of your knowledge? STEVE MARESCA: (Raising his right hand) I do. I CHAIRMAN GOEHRINGER: State your name. MR. MARESCA: My name is Steve Maresca. I'm a professional engineer. I have an office at 188 Montauk Highway, Hampton Bays. CHAIRMAN GOEHRINGER: You came before this Board once with an issue on Long Island Sound in Cutchogue, I believe. 1 MR. MARESCA: Yes, I think so. I've taken a look at this property and I guess my review has been two-fold first, the positioning of the spa, pool, deck, and also with respect to the drainage. I've worked up a little handout if I may give the Board Members a copy of it. (Handed out copies to the Board.) MR. MARESCA: What we've done here to the best of our ability with the information that we had is try to do a little bit of a sketch showing the relationship of the two buildings to each other. The property on the left is the Cashy showing the original house, the existing deck and the proposed patio. On the right you'll see the Ravitch house. What we've done here is to take a cross section through the new pool, patio and also the single-story portion of the Ravitz/Butz house and that's on the second sheet. You know this is a drawing to a scale, but it gives you an idea of just how imposing this particular spa is. The edge of this deck is approximately 22 foot off the property line. That is on the Cashy;;property. The existing Ravitch house is approximately 10 foot off the deck, a total of 32 foot separation. That's probably less than the width of this room. The floor of the Ravitch house is probably somewhere around where this floor is. The deck itself is Page 52—October 19, zu00 ZBA Public Hearings Town of Southold somewhere around and you put it so below the ceiling so. We just want to try and point out just basically how imposing it is when put into scale with respective of what we have right here. One thing we're asking for is that it would be released somehow in pending a release as far as the size of the deck, location of the pool, location of the spa and the elevation of the deck. Now at the time I originally did this, I didn't realize that there were a number of proposed of drainage on the property and I've worked up some basic numbers as far as regards to that and well it certainly is needed. On the cross section you can see how the flow of water goes down towards the Ravitch house. The first photo I have on the next sheet is facing the Ravitch property, and you basically see the second level deck and where the first level is at the top of those trees. The patio itself will be level with the arborvitaes that we see along the property line. People are not looking over. The actual vegetation provides you know some privacy at this point. The picture on the next sheet is on the Cashy property looking back at the single level portion of the Ravitch house. The third photo shows us the location of the drainage structure. This is located very close to the Ravitch house. It appears to us that most all the drainage right now is directed towards that and certainly something you need to have done, which they seem to intend on doing. We just like to have the opportunity to take a look at this and see if you can make any suggestions to try and cut down on the amount of water going to this corner of the property. The next photo is on to the front deck of the house. There's a ravine cut open by the_ flow of water. This water is going towards the west side towards the Ravitch property and naturally down towards where the bluff is right now. I've worked out some basic calculations but I think that's a moot point right now. I think you've got to do is take a look at the proposed drainage we have. I'd like to go back again to the cross section that would show the general location of that existing drain. That drain is almost level with the basement that we have on the Ravitch property. As a drain accepts water naturally it tries to direct water, the water is absorbed by the soil. The soil becomes saturated. At this time we are getting water in the basement of the Ravitch property, and I feel this is partially because of the amount of water that is being put on in this corner. But like I said, I'd just like you go take a look at the drainage they have there now. Do you have any questions? CHAIRMAN GOEHRINGER: Actually this is a very valuable tool for us, this one right here that you put together. MR. MARESCA: Yeah, it really illustrates it. CHAIRMAN GOEHRINGER: It really illustrates what we need and Mr. Tohill jumped into this, his side of the application without my stating that I spent the better part of three hours at the RavithButz house one Saturday morning and not only did we look at Ms. Ravitch and Ms. Butz's property but we looked at Cashy's and then we walked all the way down we must of walked at least four to six properties down just to look at the contour of Page 53 —October is', 2000 ZBA Public Hearings Town of Southold the bluffs and any changes that were done and there was a blowout on the top with one of the bluffs, which was changed and Ms. Ravitch did point that out to me. But what I began to realize was basically two issues and that is the wall between both of these properties which is a„recently a timber wall, I had sincere concern about because of the nature of this drain and it was sometime subsequent to that that the water appeared in the basement and so then it became a concern to us in looking at the application. I was looking at it at that time purely as a water drainage problem, and I was not addressing all the other issues that will be addressed tonight, OK, in reference to the noise situation. At that of course was the reason why I asked counsel's architect regarding that particular storm drain as it exists now because_it appeared to be a great problem to me. I mean I can see it taking a wall out in this situation and that was a concern to me. The other concern I had was basically that of the closeness of the properties and the nature of that closeness, as it .1 existed. Not only was I given a tour of the entire house I was given a tour of the entire property and it became a difficult issue for me because the nature of this drain was draining into the top of a bluff, which although it's completely foliated it appeared to be relatively stable you really never know. I have relatives that live in Mattituck that have moved their house back 130 feet because of situations like this. If you look at the front yard of this house now it's dropped almost 60 feet and so I have sincere problems with these types or applications of getting, you know, water to very simply dissipate on whichever way you use as a process. So I think it's an effective tool. I think we may ':. have questions in the future of you. We'll of course spoke through your counsel and we will go from there. Anybody have any questions of this gentleman, ladies and gentlemen? No, we thank you. MR. TOHILL: Mr. Chairman, can I ask that Mr. Maresca not sit down until he addresses the following things. The July 6t' meeting, it was mentioned and agreed without opposition that brick on sand patio was pervious, not impervious, and that there would be no water runoff. After July 6t meeting, it was mentioned that there be no disturbance of the existing vegetation. The July 6th meeting it was mentioned in the architect's letter that the drainage ring will be built self landward of the existing drainage ring that there has been so much discussion on tonight. I want Mr. Maresca to address with you: a) does he agree as a professional engineer with some expertise on that subject that that brick and sand is pervious? b) If he does not agree, is there water runoff to be expected to the northwest towards the Ravitch/Butz kitchen door? c) Will that water somehow make a left hand turn and head toward Mattituck as if it were Mattituck water, when it's heading northwest behind the hot tub, north west of the hot tub? Don't forget if I'm standing where the hot tub is, where the northwest corner of the proposed patio, Mary Butz is standing where that ring is. Will the water know to come around, hang a left and go back that way and next question; d) Would the introduction of new drainage up here where I think it's going to be necessary have anything to do with the removal of the oak tree and the other vegetation that you were told wasn't going to be removed and finally back to point that you just made, Mr. Chairman, will the removal of the oak tree and the introduction of that drainage ring have anything to do with the stability of the bluff? There's about five or six questions but I think they bare right on what that conversation was. I'd like to hear Mr. Maresca opinion. Page 54—October 19, m00 ZBA Public Hearings Town of Southold MR. MARESCA: With the construction of the patio where it is will affect the brick block off water going toward that existing drain. As a matter of fact, that existing drain is very close as opposed to the retaining wall. The retaining wall is rather large. They probably have to remove that to begin with just to build a wall. Naturally water from the property to the east is coming on to the Cashy property as well as the water on the Cashy property, that is going to be contained somehow and it's going to be rather large structures built to the north of this proposed patio. That's going to put it very close. I don't know if it actually hits that vegetated area or not. This is something that we want to try to review. It's going to be putting up water into that soil: It's going to saturate that soil and it's going to be going towards the brick. That something we may want to try and reduce. One method of trying to reduce that is, increase the amount of drainage in the front yard, not allowing it to come back towards the backyard. That's going to be both in the front east and west side of the Ravitch house. MR. TOHILL: Would the introduction of a ring there cause the removal of trees and if that were to happen would that have any intentional impact on the stability of that bluff? MR. MARESCA: Well certainly we're having water being placed in the soil saturating the soil that closer to the bluff. Right now that bluff is stable. But we're certainly not helping it. I can't say that it's going over the bluff now but it's certainly a step towards that direction. We certainly want to make sure we contain any surface water as I'm not allowed to run over the size of the bluff or go on the Ravitch property where it will go towards their bluff as well. So the drainage is rather complicated in this. There will be rather large structures to the north of this () patio and,so they will be imposing even more than is said really on this clearance on the top of the bluff. MR. TOHILL: And will the coefficient drainage cause water to run to the north of the brick and sand patio? MR. MARESCA: Well, with a brick and sand patio I mean if water lays there long enough it will eventually seep in but during our normal 10 year storm what it was designed for a very large portion of water will runoff On my last sheet that I have here, they give different coefficience for runoff, and they have gravel that's coefficient to run. I would have to think that solid brick is going to low water than ground water. I assume somehow, somewhere around 60-70% will be more appropriate to use it, not 90%, the same as asphalt will runoff on a patio like this. So they are increasing the runoff somewhat from what you have right now. • CHAIRMAN GOEHRINGER: Thank you. MR. TOHILL: Mr. Chairman, also the Board, at this time I would like to call John Paciulli. I'm going to hand up right now so that the Board has that in its random. Page 55 —October 17, 2000 ZBA Public Hearings Town of Southold CHAIRMAN GOEHRIGNER: Thank you. It's just a normal process of swearing the person in since we are not familiar with them. Raise your right hand Sir. Do you solemnly swear that the information you're about to give us is the truth to the best of your knowledge? JOHN PACIULLI: (Raising his right hand) I do. CHAIRMAN GOEHRINGER: State your name please. MR. PACIULLI: John Paciulli. CHAIRMAN GOEHRINGER: Thank you. MR. PACIULLI: I was also consulted in consideration to this case particularly for not only geographic and geologic indications of the drainage issue, which again I will go amd belabor again unfortunately and also with respect to other potential deference that might be caused to the use of the RavitchButz property. As you know both of these properties are existing abutting to each other and there is a substantial as previously mentioned a change in grade as you know where your current positioned on the Roanoke bluff as you may be aware, which is a homogee recessional terrain and due to the topography given the topography here and the geologic units which are considered, you have key pieces of vegetation which are added to the stabilization of the bluff. And that is the mature oak which exists southward land side of the present bluff I would also definitely like to address this drainage issue. I would say that I concur with, it's my understanding that additional;;wrong calculations have been made. However, the wrong calculations that have been presented thus far have failed to take into consideration additional drainage requirements as well for the operation of the pool, by this I mean backwash cycles for the cleansing of the filtration devices, et cetera. It is very apparent to myself and I'm certain to the engineer here as well that these drainage pools would not be a viable installation in the backside of the bluff and they would have to go along the one side of the westerly side of the Cashy property in a combination or a staggered type combination to be able to affectively handle the additional bluff In addition to the surface runoff issue, which I think has been fairly well covered at this point, there are some other issues that have to be addressed]as well. Due to the sharp change'in grade and by my estimation and in review of the plan which has been provided to you as well, from the indication of the topography at 52 feet along the east side of the Cashy residence to the 34 foot Butz residence at least along their easterly side, there is a considerable change of grade over 90 feet by my estimation of that. Again, with the one location where it is you end up with some type of perch. It was also my observation that for the installation of this proposed brick and sand patio that the normal procedure for such a thing is to develop a mean level across that change of grade. The mean level across the change of grade by my estimation would be no less than 6 feet above it prevailing grade at the east side of the Butz property. This is to say that when you're standing at that property and you see the small 3 foot timber retaining wall, and you have the arborvitaes planted there you would anticipate no less than a 6 foot increase in grade from that point, OK, to be at the mean level of what would Page 56—October 19;--z,;00 ZBA Public Hearings Town of Southold be expected in a changing grade. Normally you're using that medium grade from the hill. You're taking this going this way back throwing everything at the lower end of the property again which changes the whole drainage component. But nevertheless, not only do we have this, you have some other environmental qualities used with the particular concerns to sound pressure levels that are going to be increased as a in anticipation of this and these would be in two different forms. There are many different types of sound as you may be aware. Some is impulse noise, intermittent noise. This would be noise of people congregating out in these areas at the hot tub which is the spa, whatever it is, is very, very close in proximity to these other areas. That is one and the other issue is wherever this pool is going to be installed you're going to have ancillary equipment to power the pool itself. More than likely I doubt that these people are going to be interested in vacuuming their own pool, so they'll require two pumps for the pool itself and one for the spa minimally. All of these are introduced as of what's called narrow band sound. It's a constant droning hum and again, it is standard procedure to install these things at the periphery of the existing or the proposed I should say for the same patio. If this were the case, where might they exist? This is my question. There have been no provisions made in the previous petition for variance at all for these items. Where are they going to be placed? And if so are there any sanutenuating considerations that have been made to be sure that this is not exceeding EBA, DOT or other sound ordinances for residential environments. It is understood that the Town of Southold does riot have a residential sound ordinance. I could quote you chapter in verse for almost any other township and village for example and you know around here, around these parts is usually around 60, 60 decibels which could very easily, very easily be exceeded by just a narrow band not even including the impulse sound that would anticipated as a result of -this installation. Further aggravating that is you have a sound pressure level has a specific pattern of propagation - by propagation I mean by the way it spreads. It spreads in a spherical way from the point of source. Now by the proposed installation of the pool what you're then developing if you can imagine this analogy is a coffee saucer where you've broken off one piece where the handle is down to the base. If you can understand that all sides of this property are now enclosed, two by semi, semi absorbive sides- it's the natural bluffs to the northward and to the east of the property. However, you're going to be installing one that is not going to be of use to sound absorption at all which will be the water, OK, sound moves across water extraordinary quickly. It actually tends to accelerate sound pressure due to the nature of you know the phenomenum of the water itself. This would also be contaminated by the presence of the two-story towering vinyl siding, which is also not conditioned to sound absorption rather sound reflection. In essence you can face almost 270 degrees and still expect a reasonable attenuation of that noise naturally to the north and west which is exactly where the Ravitch/Butz residence is and the study which is you know perched nearly 30 feet. And I don't dare say that it is 30 feet. I think it might be less than that by my estimation - but extraordinary close and at a perched elevation again if you're considering a spherical away from it's spherical in all directions at one time, thus saying that anything that's going south is reverberating off and coming back down. Anyone who is congregating by the spa all that noise if it's coming anywhere it's coming more this way than anywhere else. So you're creating a bowl more or less of collection, of sound collection and the only place it really has to go Page 57—October 17, 2000 ZBA Public Hearings Town of Southold is the place of least resistance which is the lowest elevation and there's actually there's another compounding effect further compounding effect which in this initial analysis I had mentioned and that's a fact that their property is so close that they'll actually end up with an echo as a result of it. CHAIRMAN GOEHRINGER: So how do we change this? MR. PACIULLI: Well there are a lot of different things that you can do. First I'll go through my list of recommendations that would make this a much more palatable and geologically friendly application and I think that one either reconfiguration of the installed components on the patio and the removal of the reduction of the size of the preexisting deck. The issue here is proximity. And the way that sound works the more distance we have between two things because of lot of rhythmic devaluation of sound pressure and velocity the greater distance we have, the more the sound will go down naturally, OK, that's one thing that you can do. It seems a very easy thing to do without too much of an infringement upon your neighbors. You know if you have some consideration. That's one thing that you can do. Another thing to do would be to install some type of a sound attenuating barrier: There are different types. There are vegetative types that usually attend to be much less effective. Arborvitaes are not a bad source but however the arborvitaes that are existing currently would not be sufficient as a result of the height of the arborvitaes. (Interruption for change of tape). You have a sound attenuation issue that you know that could be formidable. The other thing is, secondary sound absorption and retention shields for pool equipment or for housings for these units perhaps a provision can be made that in the construction of the retaining wall fortification for the grade stabilization that a portion of it could be structurally fortified to house the interior of that grade elevation in the shallow under the pool. Another thing you can do is you can change the orientation of the pool. You could relocate the spa. That's a really good idea. Relocate the spa. Move it closer to the house. Move it to the corner where • you have the two natural land masses abutting up against each other. They're many different things that you can do that will make it a much more environmental friendly proposal all together. The last thing I had said was the installation of additional leaching pools is definitely required based upon the calculations that I reviewed and I'm familiar with Mark Schwartz' work as well and also Mr. Maresca's, and I concur with their findings that absolutely they're will definitely need to be additional drainage accommodations made. And I might even suggest that it might not be a bad idea that that first pool be rendered impermeable piped by a two inch pipe down alongside of the property and then into a staggered chamber configuration of leaching pool so that it might percolate further landward as opposed to be right in that spot, and it may also help to alleviate the issue of periodic drainage, or to correct flooding in the basement. CHAIRMAN GOEHRINGER: Are you in a position to furnish this Board with some type of environmental plan for creating an environmental barrier between these two pieces of property? MR. PACIULLI: Yes, Sir. Do you have any other questions? Page 58 —October 19, zii00 ZBA Public Hearings Town of Southold • CHAIRMAN GOEHRINGER: Any questions of this gentleman, ladies and gentlemen? No, thank you. MR. TOHILL: Mr. Chairman, at this time we would like to call Pat Given, an appraiser • to testify the impact of value. CHAIRMAN GOEHRINGER: Mr. Given, I know your business but I still have to swear you in. Would you please raise your right hand. Do you solemnly swear that the information you're about to give us is the truth to the best of your knowledge? i PATRICK GIVEN: (Raising right hand) Yes, Sir. CHAIRMAN GOEHRINGER: And state your name. MR. GIVEN: My name is Patrick A. Given. CHAIRMAN GOEHRINGER: Thank you, Sir. MR. GIVEN: I have a qualifications to hand in. As mentioned, 'I'm a Real Estate Appraiser and I have been asked to look over this application and to kind of judge what impact if any, this calculation if the project is constructed would have on the RavitchButz property. And based upon my analysis of this project plus, you know, coupled with the drainage problems and the sound problems. I would say that there's no question in my mind that there would be a negative impact on value. I think that one of the most dramatic things, I mean we all, I think, there's no argument that there's going to be an increased level of sound. I think that Mr. Tohill's rather dramatic demonstration there of height, that's one of the most troublesome things I think from the value standpoint in that if you conclude, I think they said- the applicant indicated it's was going to be 4 to 5 foot high retaining wall at their westerly most part of the patio, and if you add to that the height of an average human being let's say somewhere in the 5-1/2 to 6-1/2 feet height you're going to have a 10 to 12 foot height of people looking into the property and, you know, their property continues to slope down they're going to be talking at normal voice, right into the house. It's going to be a loss of privacy. The house does not have air conditioning. During the summer months you're going to have the windows open on the first floor there, so that they can get the breezes in and what's going to come of that is there's going to be the noise from this large patio and the pool and the hot tub. I feel that these factors will certainly have a negative impact on value. Probably the most important, an appraiser tries to measure market reaction to a property, and we do that by looking at historical evidence. What has something sold for that is similar et cetera? When we don't have something that we can point to we try to make a judgment as to what we think would be market reaction'. Now the Ravitch/Butz house has been in this location for more than 75 years or a substantial"period of time, and over that time there has been erosion and as you know this house is very close to the current bluff line; and anything that would be projected to be built in proximity to their house that could Page 59-October-19, 2000 ZBA Public Hearings Town of Southold possibly interfere with that bluff, would have a dramatic impact in my opinion on market reaction to the RavitcButz property. Because if you start to deteriorate the bluff certainly to the east of their property, I think there's only going to be one result, and that's going to be the loss of their house. So if there's any chance that that could happen, that could have a significant market reaction. And the other factor that I was trying to think { of in my own mind, is I try to take a house exactly as we see it today, and then I try to imagine what it would be like with this project completed, and I try to decide in my own mind if there would be a difference in reaction of the market. And when I say the market, I'm not talking about one potential buyer. I'm talking about the average market that would be,out there to buy this house, and I think there's no question if you're going to have this elevated, large elevated patio that is now abreast of the RavitchButz house and the elevation of it, I think there would definitely be a negative reaction to this. Couple this with,the potential drainage problems, the potential damage to the bluff, I conclude that there could be a negative influence on value that could be in excess of 10%. CHAIRMAN GOEHRINGER: Thank you Sir. MR. GIVEN: I forwarded this letter to Mr. Tohill. I'll give you a copy of it. CHAIRMAN GOEHRINGER: Were you asked to appraise this house Mr. Given? MR. GIVEN' No Sir, I wasn't asked to appraise the house just to analyze the value impacts of proposed construction. CHAIRMAN GOEHRIGNER: Thank you. Mr. Tohill, you're going to wrap this up right? MR. TOHILL: Yes, one of the joys being a lawyer, I mean it sincerely and you know me for many years and as you know I can be plain spoken and sometimes stupid and sincere. One of the true thoughts and one of the things from the first day I attended law school 33 years ago until now is that we sat there for those three years and we learned what most other people didn't know but would enjoy learning every bit as much as we did. If I,were a layperson sitting on the Zoning Board of Appeals, I would want at my best dream to be allowed to go to a law school and to be allowed, free, Town of Southold pay the tuition plus room and board and the whole thing to learn what there is about the law because you're presented every couple of weeks with conflict, after conflict, after conflict, and you're required to sort them out in solemn like fashion, all getting along with each other up there, deal with people like me and Charles Cuddy and all the professionals here, guys jumping on top of the dais, and in the end we hand you up one of these things and say, go get it, and come back with the right result. So here, what gives me joy, what I'm trying to say to you right now is that this is not the first time that a swimming pool application has been made to the Zoning Board seeking an area variance. It happens all the time, and three times in the last eight years the Appellate Division, 2nd Dept. has dealt squarely;,with the issue and said, how after,the change in the law, July 1, 1992, when they codified the standards, I gave you the five standards, how you're suppose to address it and • • Page 60 —October 19,-,A.;00 ZBA Public Hearings Town of Southold the way is this When you did that application a few weeks ago, right next to this property, where you granted dimensional relief to allow a house on the bluff, the difference, the Appellate Division says, the difference that makes the difference, some do and some don't. The difference is that was a house. That was a residence. That was a vacant lot, and a person was trying to in a single family residential district build his residence, and he therefore required variance relief. So you therefore handled that in a certain way and you granted the relief. This is not a residence. This is a swimming pool and so a swimming pool cases and by the way tennis court cases can be handled exact same way, because by the way they produce noise and that's the case ( ). Swimming pools are considered a luxury. Swimming pools are not considered a necessity, and so the burden of proof on the applicant is bumped up, and under the balancing test you have an obligation to balance recognizing whether or not there are factors now where the non- necessary swimming pool is more important than the ability of people to live in there underline the word residence next door so here come the factors. Noise that clearly is unmanageable, some of it totally unaddressed. John Paciulli talked about the pumps and the motors and in the view I was watching eyes of recognition, ears of recognition because you heard those pumps, you'll be standing in somebody yard and all of a sudden the thing will start roaring on a Sunday afternoon as your nerve endings are trying not to work but to receive and the thing goes on and it goes on its own style and it goes and it goes on in this uneven droning hum and that's whatwe have to listen to. Where it's never been mentioned until John Paciulli mentioned it tonight but it's coming and there could be the hot tub and the pool and as many as two or three of those things on this property. Where are they going? How are they going to be baffled? What's going to happen? When the people are there having their cocktails on a Saturday evening or a Sunday afternoon and people are trying to live next door,in the Ravitch/Butz house. The people at the Cashy residence are going to be standing up where I was standing when I was making Lydia Tortora nervous before. It's awkward. It's unpleasant. Lydia Tortora's body shifted the minute I got up there. I meant to do it and she was perfect poblobium (sp) in her result. She was uncomfortable. She did not like me addressing the Board. She has a general'distaste for my way of addressing the Board, but I'm not going to let it come between us. She didn't like me being up there. She didn't mind when I got back here. This is makes much more sense. This is the Cashy patio, hot tub and pool and the shallow end of the pool back where it ought to be. Not in somebody's "in your face" style of construction. There's water runoff. It hasn't been properly addressed. You know it. Everybody in here knows it. Everybody knows that that water is going to head toward the northwest, toward the woods and everybody knows that the drainage design particularly on July 6th and again tonight by new pool south — landward? You don't need to be an engineer or an architect to understand that's not going to work. The water doesn't know where Mattituck is. It's going towards slope, and the slope point is the 34 foot elevation and that's my clients' basement and their-kitchen facility. The loss of privacy and a balancing test that means something since July 1, 1992 can't attenuate the Cypress bushes that are along there now, the'people will be looking down over those and they won't get that much higher if it's up on the bluff.. 'Everyone knows what happens up there and you can't build the fortification because you've got a hot tub in the way, or you have a drainage ring in the way and so we've created a monster in the way in which this has been Page 61 —October 2000 ZBA Public Hearings Town of Southold created because fortification is necessary, appropo with the Chairman's question, what do one do? The patio is enormous. Between the deck and the patio it's more than 100% of the size of the existing house and the house is already a big house. It's not fair to push that in the neighbor's space and that's not allowed, I think, under zoning not before 1992 and certainly not since 1992. There's a loss of value. It's clearly a loss of value. I don't think we need to have a licensed certified appraiser to tell us that there's a loss of value. None of you is going to step up and pay $650,000, which is what my clients did on September 17'x' last year. A mere few adults, nobody in his right mind would pay that kind of money for that house again now that this has come along, and so going to the standards introduction of an undesirable change in the neighborhood. That's an undesirable change. It's not necessary. It could be done differently. It could have some sensitivity. It could recognize that the people would want to live in peace next door. We don't need,this shoved down our throats. It could be done differently. The variance has a feasible alternative. You asked the question Mr. Chairman. The expert witness said, yes he could design it differently. And so there is feasible alternative. There is a substantial 26% of ,100% is substantial. The variance has unknown but like the adverse environmental results. They haven't been addressed here at all, not at all and the variance is 110% entirely self-created. The house is built to the seaward most point it could be built under the then code and the present code. If one balances - the Board is required to balance. This isn't a hard job. One cannot balance in favor of the applicant. One must balance in,favor of either a no - denial, or a redrawing of the application that does what we ask from the beginning recognizes in common sense terms, you don't need eight professionals and you don't need one of them 6 feet high, 200 pounds standing on top of Lydia Tortora to say, "it's too much in that particular location, please don't proceed with that." So;'I'm going to hand up this Memorandum. I thank you all for being this patient as you always are this evening. CHAIRMAN GOEHRINGER: But you're leaving a cliff hanger here Mr. Tohill and that is— MR. TOHILL: We like excitement in our lives at Southold. We're approaching winter and we need a little excitement here. CHAIRMAN GOEHRINGER: No, Mr. Tohill. I need this vegetation plan. MR. TOHILL: We would be happy to come back too but I don't want to get out of my proper roll with Charles Cuddy. I't shouldn't be a mystery that he and I have attempted to have discussions, and we're here doing what we're doing in the best way that we each can with respect to our clients. I would candidly do whatever you told me to do, but I would much prefer that you said to the applicants representative you work with Tohill and his experts. You get all those people together in a room and you come back here with a much better plan than you presented on July 6th and tonight, and we'll take another look at what you've done. That's what, but I didn't want to do it alone because I have a client, you know, we never said to the Cashys "we don't want your swimming pool." We just said, "please don't put it in our face.. Please don't destroy our home." And we got Page 62—October 19;.v00 ZBA Public Hearings Town of Southold nowhere. Now I'm not complaining about the Cashys because God knows when the flag flies over the White House I believe it's flying for them as well as everybody else in this 'Town. But I am reporting to you, we got nowhere. I don't want to waste your time, or my clients' money on having professionals do drawings where there's total disaster. We need cooperation. CHAIRMAN GOEHRINGER: I just don't know if it's positive at all in every juncture that you negotiate with the applicant at this time. MR. TOHILL: OK. CHAIRMAN GOEHRINGER: Maybe it should be left up to the discretion of the Board, and that is the reason why I want the plan. MR. TOHILL: So you want us to deliver a plan to you. CHAIRMAN GOEHRINGER: You see it's much easier when they're not here. MEMBER TORTORA: Just some thoughts on that. There's advantages both ways. In some ways I think we really ought to should shift them out of the room, get them out of here, tell them go off some place, come up with a plan and come back to us. MR. TOHILL: Not tonight, everybody's tired. =r' CHAIRMAN GOEHRINGER: No, no, it was brought to our attention— MEMBER TORTORA: No, you can go over on top of the tower in Southampton. Tower over there with Mr. Cuddy, whatever. MR. TOHILL: I'm normally in my pajamas, you know, two hours ago. MEMBER TORTORA: As opposed to just asking one of them to develop something individually. It's my own, I just. CHAIRMAN GOEHRINGER: You're missing the point. MR. TOHILL: Go ahead let's argue. CHAIRMAN GOEHRINGER: The point that you're missing is that we have a person with specific expertise that can create something for us. We're certainly going to ask Mr. Cuddy. He hasn't gotten his two cents in sort of speak at this time, four cents. Of course. I haven't told him that we're going to limit him time because you know, he's never hit me and I assume he never will, or, trip me when I go to the Post Office on a Saturday, or whatever. He's a true gentleman as you are Mr. Tohill, but we have something to work Page 63 —October 1 7, 2000 ZBA Public Hearings Town of Southold with if we have a plan from opposition. At the same time we can discuss with Mr. Cuddy what he intends to do with his applicant's plan, and we've heard from their engineer. MR. TOHILL: In narrative of what we want. 1 Reduce the size of the northwest i protrusion; 2. Move the shower end, which is the noisy end to the other side; 3. Move the hot tub, which just doesn't have to be next to our bedroom, away opposite, exact opposite side so that it's not, it won't go up the hill as John Paciulli mentioned. It's going to go this way, which is north, northwest, that's where the noise is going to lead head off. So, move it where it will head north but it'll have 75 feet long run before it reaches the side of our bedroom. Find out where the pumps are going. Find out how you're going to battle the noise. Insist upon the noise attenuating cabana structure somewhere probably in the i northwest area. All of us drive the LIE that's noise attenuation in the 90s. Those are substantial structures, and the noise engineers that I consulted with respect to this case have told me the same thing. A canvas, cedar wall, a row of plantings isn't going to do it. Not with this structure. Not with this kind of noise and not with the elevation. Those would be some of the ideas. CHAIRMAN GOEHRINGER: I have absolutely no problem with what you just said. I just don't want to totally saturate this entire procedure because this is going to take a little ! while to get this thing all down, all right, assuming this Board is interested in doing that. I'm certainly interested in doing it. But if we start with a norm and the norm is, these gentlemen's drainage, actually it's a drainage plan that they've come up with and we work from that plan, we get the environmental barrier aspect from your client We go back to Mr. Cuddy and ask him for the changes in the swimming pool, then we work from that particular point on to the pumps and so on and so forth and then the last thing is the canvas aspect, if his applicant is so inclined to do so and that's basically it That's the procedure, and that's my opinion. I'm not positive and this is not taking anything away from counsel or the applicant that they are in the position to create this plan that you supposedly had this gentleman, you have this gentleman, that could create it. I asked him the question and I'm sure that you could do it, and I'm dying to see it. I'm selfish because I am dying to see the plan. MR. TOHILL: If you tell us to do it, we're going to do it. If we fail, we fail but we're not resist anything that you tell us do. CHAIRMAN GOEHRINGER: I want to see it below we'll reserve that for 10 minutes and we'll hear from Mr. Cuddy. MR. TOHILL: Thank you very much. CHAIRMAN GOEHRINGER: Mr. Cuddy, you've been very patient. MR. CUDDY: Since everybody is of a conciliatory mood I don't want to throw water on it not the pool water any way. I listened for a long time and what I hear for the most part was that this could be done but maybe it should be done in another fashion. In all Page 64—October 19,-zu00 ZBA Public Hearings Town of Southold fairness to my client, I think it should be on the record and I think it should be part of the record right now, that the sensitivity problem and I think we've heard two levels of testimony this evening. We heard some factual but not a lot of factual, and a great deal of distraught. The people who are complaining came to a site and now we all have been treated two levels, but the levels of this site are not just between the Cashy property and their adjoining neighbor on the west. The levels of this site, as the Board knows goes above even my clients. And so the house to the east of my client is much above him and also much in the bluff. Their house, our opposition, is much in the bluff. Our house is not in the bluff. They bought this house, this house that they need to solitude in, they bought it in 1999 after our house was there, and so I'm going to hand the deed of September 17, 1999 and I think that when we hear all of this emotion and we stand on a desk, when we hear all of the upset, that that has to be a great part of what goes on. We don't have a problem in dealing with them, in talking with them. We do have a problem I'm sure on some of the structures that they would like us to interpose between our house and theirs. But we're using our house not in an untoward way. People do this all the time. I believe that when you buy a house in the local that they did to expect this incredible solitude. It was just beyond the tail end of anybody's rational thought. This house is right next to the line, and there's going to be some noise. There's going to be some neighbors there. I stood there. I haven't seen what Mr. Tohill has seen so maybe we both looked at different lines, but I do want to try and to keep these neighbors as neighbors. It has become a difficult thing. I don't want to make it worse but I just do want you to have the facts, and I think the fact is that this house was purchased after the Cashy house was built. So all of this was very obvious to them. Not the pool, I can see that, but all of the rest, the noise problem was a noise problem just isn't eminating from the pool. We would like to work with them. I have a lot of things to go through. I'm not going to take your time. Certainly I would assume that this would go over. There are reams of paper that we put in. I certainly want the opportunity to review that, want to have our experts look at it. I have a lot of questions about what was said but again I'm not going to go through that because there may be some possibility to bring this together. I'm not going to try and push us apart even further. I would just ask that this be put into the record. I would be pleased to consult with Mr. Tohill. My client would be. There are certain areas that we may have a very difficult time in. There are areas that we may be able to work with, and we certainly would like to keep some neighborly mist inside this circle of people that are at Hyatt. I'll just hand this up. MR. TOHILL: And we join in the submission of that deed. CHAIRMAN GOEHRINGER: So what you're saying in effect is that you are willing to discuss certain issues with— MR. CUDDY: Oh, absolutely. We always have been. CHAIRMAN GOEHRINER: OK. So in lieu of that fact I guess I'll hold off in reference to my request. I still would like to state that I'm dying to see it. I'm just sitting here salivating. I mean that's, I mean that's, you know, because of not necessarily in a sense Page 65 —,OctobeN ', 2000 ZBA Public Hearings Town of Southold cause your client any expense, Mr. Cuddy, but there is a great deal and I understand exactly what you're saying but there is a great deal of closeness to these properties. There's no,question about it and I have sincere concern about that drainage. This is a generic concern. This is not a concern necessarily because these two nice ladies as well as your nice client you know live next door,just in general. It's just a statement. So we'll go from there. Now let me just - MEMBER DINIZIO: Can I comment on something? CHAIRMAN GOEHRINGER: Yes, can I just finish a statement one second and I'll be right with you? Can we reschedule this in December and make this a Christmas end of the year, of the year 2000? '• MR. CUDDY: As long as Mr. Tohill does not come as Santa Claus, yes. MEMBER TORTORA: Can I ask Mr. Tohill something? CHAIRMAN GOEHRINGER: No, I think Mr. Dinizio was before you. MEMBER DINIZIO: I just — Jerry, I was almost going to agree with you as far as not requiring them to meet but rather to talk but I've got to say that if any talks are going to be, if there's any pressure by this Board or at least by me, it's going to be in the area of drainage and not necessarily noise because all of the things that were described to us tonight are things that could happen on a badminton court. They could happen on a - if they had a family reunion without a pool. Certainly I can't imagine a pool pump reading 60 be a noise but and I do know that probably it could be a little annoying if someone just doesn't want to have a pool next door. I have a pool and I have a pool pump, and it doesn't bother me at all and I have kids, and you know all of those things happen when you're in a neighborhood, and you have to live along with it. But if you're going to discuss anything I think you're going to discuss how you're going to stop drainage, and how you're going to stop the water from going over there, and that's really the main concern I see as this whole application. That's all I have to say. CHAIRMAN GOEHRINGER: Mrs. Tortora. MEMBER TORTORA: I am concerned about the magnitude Mr. Cuddy. A big house, a little house, syndrome in it and I recognize that the opposing neighbor's house was built very close to the bluff many, many years ago. It was interesting while he was talking, I put the surveys next to each other and saw really how close that house is to the property line. We've had a couple of cases where it's the big house little house syndrome and it can be extremely over powering. The house was built many, many years ago. So from where I'm coming from I would look, you know, for a scaling down, look for smaller. That's basically is there anyway you can accomplish this into it, it's really up to you. As far as the, I always like to get the legal documents that the people hand up on the dais, attorneys hand up on the dais during the discussion because very often later on I forget Page 66—October 19, huJO ZBA Public Hearings Town of Southold but I would like to point out for the record, that three of these cases deal with practical difficulties and attest to practical difficulty, which is not the case that we're dealing with now, and another one is dated in the eighties which was prior to the change of the balancing bluff. MR. TOHILL: No, two of them are 1995 and the other one is after July 1 of 1992. MEMBER TORTORA: Mr. Tohill, the court case right in here refers to the showing of practical difficulties. MR. TOHILL: I understand. MEMBER TORTORA: That's all I wanted to say. • MR. TOHILL: But the other one is only there because in reading text it's about the concept of noise. That the '88 case from Judge Luciano is noise, it's not meant to deal with that. But they're 1995 two of them and all there of them are after the adoption. MEMBER TORTORA: I know they just, the discussion is dealing with practical ,° difficulty. MR. TOHILL: Well that because that's the way we said it then. That we still call it the practical difficulty test after July1, 1992. CHAIRMAN GOEHRINGER: I want to say that I want to recess the hearing to December 14t", but I want to, you're not available (to Mr. Tohill). MR. TOHILL: My clients cannot be present they have an engagement December 14th. CHAIRMAN GOEHRINGER: Well you want to make it, January? MR. TOHILL: January is fine. CHAIRMAN GOEHRINGER: January meeting, OK. The thing I want to know though, is if we're going nowhere, OK, I want to know if we're going nowhere from either one of you, or, both of you actually, all right and if we're going nowhere, then there's no reason to wait that long. We'll reconvene, and we'll make a decision after that hearing. MEMBER DINIZIO: Now what are we going to do? We're going to wait another- an additional month beyond what we could, and that's agreeable? MR. CUDDY: We would certainly prefer not to wait that long because if we agree, it's fine. If we disagree can we then proceed from that and a— Page 67 October 19, 2000 ZBA Public Hearings Town of Southold CHAIRMAN GOEHRINGER: Well that's why I want to know because then we'll reconvene it. MEMBER DINIZIO: Well lets do it in December and then if we find they disagree we can then put it over. If not, then we make a decision. i 1 CHAIRMAN GOEHRINGER: No, we'll do it in early December during our, or at the end of November, or at a special meeting, OK, so as not to crowd the calendar with the you know the completion of this hearing. MR. TOHILL: The 14th of December is a bad month. CHAIRMAN GOEHRINGER: No, I understand that but I'm saying to you if we're not getting anywhere. If we're getting somewhere and everything is moving in a forward direction then tell us when you're done, and we'll you know, at this time we'll calendar it for the first meeting in January unless we hear from you. BOARD SECRETARY KOWALSKI: So when is it on for again? i CHAIRMAN GOEHRINGER: The first hearing in January, the first meeting in January. MS. COLLINS: That's regular meeting? MR. CUDDY: Unless we get back to you? CHAIRMAN GOEHRINGER: Unless you get back to us. We have no problems you know reconvening this at a special meeting when we're making decisions. It's very simply we meet at 6:30 and at 7:45, we reconvene. MEMBER TORTORA: After the December meeting. BOARD SECRETARY KOWALSKI: Well the problem is you have to give notice of the earlier date, otherwise re-notices have to be done. MEMBER DINIZIO: Why can't we do it before the earlier meeting and if, we find that they're cooperating or not cooperating, we can either make a decision or extend it. BOARD, SECRETRY KOWALSKI: Why don't you make it December 7th? That's the date of our Special Meeting in December? CHAIRMAN GOEHRINGER: That's fine with me. BOARD SECRETARY KOWALSKI: It's a Thursday night. Page 68 -October 1;, -J00 ZBA Public Hearings Town of Southold CHAIRMAN GOEHRIGNER- December 7U'. We'll say 7:30 now but it'll probably be 7:45. BOARD SECRETARY KOWALSKI: Well no, it's better to have it earlier. MEMBER TORTORA: Yes. BOARD SECRETARY KOWALSKI: Well we'll make it 7:15 OK? CHAIRMAN GOEHRINGER: Yes. BOARD SECRETARY KOWALSKI: 7:15? OK. CHAIRMAN GOEHRINGER: We thank everybody for their courtesy, thank you for your presentations and we wish you a safe home. I offer that as a resolution ladies and gentlemen. MEMBER TORTORA: Second. Motion carried. See Minutes for Resolution. Prepared by Lucia Farrell e-17 CJS ' Page 8 July 6, 2000 Transcript of Hearings Board of Appeals 6:51 P.M. - Appl. No. 4837 - HARRY CASHY & MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold. Parcel 1000- 50-1-3. CHAIRMAN GOEHRINGER: Mr. Cuddy, can I have the Affidavit of Posting. (The Affidavit was handed up for the record). How are you tonight Sir. CHARLES R. CUDDY, ESQ.: Fine, thank you. CHAIRMAN GOEHRINGER: You might just as well stay right up there, we're ready to go. Any time your ready, Mr. Cuddy. MR. CUDDY: I'm Charles Cuddy. I represent the applicants who have property at Hyatt Road, in Southold. This is an application to permit to go into the bluff area 26 feet from the top of the bluff line. The purpose of that is to build a pool. The pool is to have surrounded a brick patio area at the ground level. The patio will be in sand. It will not be in concrete. So there won't be anything affected seriously by it. The pool as shown on the survey is a pool that in dimension is 40 x 20 x 18 feet. The patio area itself is 70 feet across, 30 felt deep. This house was built at the site that it's on because the location was dictated by the Health Department. The applicant could not go forward of the ling that he is on. That is, could not go closer to the street because the well and cesspool constraints dictated by the Health Department put his house right where it is. Mr. Ingegno is here, who is the surveyor, and can also indicate to you but I am stating it to you on behalf of the applicant, that his house is there because that was where he had to put his house. What we're asking the Board for is essentially a 26 foot variance to permit that patio area and the pool to go into the bluff area. We're aware of concerns that have been expressed about drainage. I'm aware of the Suffolk County Soil & Water Conservation statement. We have delivered today and I believe as part of the record Mr. Chairman, a statement from Cronin & Cronin Engineers indicating, that they're satisfied that we can place sufficient drainage at this site, sufficient capacity drainage rings so that there won't be any run-off that will adversely effect any of the neighbors. We believe that this is an appropriate application. Certainly having a swimming pool along this area is not an unusual amenity to a house. It's an amenity that a lot of people have. Unfortunately, because of the location we have to somewhat into the bluff area. But our engineers have indicated and I think the County confirms it that this does not destabilize the bluff. The main I - ' Page 9 - July 6, 2000' Transcript of Hearings Board of Appeals concern is with drainage. We would say to you two things. That one, we will have an engineer certify that the run-off will be contained on our site, and we will produce that at the end of our construction so that part of getting the C.O. will be that we will produce for you an engineer's certification, that there will be no run- off that cannot be contained on our site, and that we have sufficient drywells to contain that. We also note there was some concern about the fence going into the foliage area. We will move the fence back if the Board desires so that it does not cut into that area. For those of you who have been here, this is a long walk down the steps but this is a well-vegetated area. This is not a bluff that's in any destabilization. I would think at this point, that what the applicant is saying to you is that he recognizes that he is asking for a variance. The variance is not a significant variance but it is a variance going to the bluff area. It does not cause destabilization. But we are aware of drainage concerns, and we will take care of all of those concerns. I'd be pleased if the Board has any questions. And to let you know that the Cashys are here. As I said, Mr. Ingegno is here and we are as I said, willing to produce a certificate from our engineer that we have taken care of the drainage concern. CHAIRMAN GOEHRINGER: Two quick things. The pool itself would not be linked to the house in any way, is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: Because we have a brick patio laid in sand which there is no way to anchor that to the house. Number 2, I think we've gotten to the point when we deal with these applications that we are significantly going to be discussing gunite pools as opposed to liner pools. Is this a gunite pool? MR CASHY: That it is. MR. CUDDY: I believe it is. Mr. Cashy says yes. CHAIRMAN GOEHRINGER: And I'm saying that in general. I'm making a generalization because of fragile nature of the top of the bluff. Basically, a gunite pool is even more substantial than the foundation that the house is sitting on. MR. CUDDY: The answer to that is, that it will be a gunite pool. r ' Page 10 - July 6, 200,- - Transcript of Hearings Board of Appeals CHAIRMAN GOEHRINGER: At that juncture, this pool is never anticipated to be enclosed. Is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: We'll start with Mr. Dinizio. Any questions Sir? MEMBER DINIZIO: Well, it looks to me like according to these contour lines, that you can start at about 50 foot contour, and go down to 42? (Adjusted microphones at this point.) MR. CUDDY: Yes. MEMBER DINIZIO: How does that, how is that going to be built? Are you building it up, or are you digging into - MR. CUDDY: On the east side we'd be digging in. The grade would come out of the middle, and we go down on the east side and try to maintain the grade as we go along to the west side. MEMBER DINIZIO: So you'll probably build it up where the hot tub is, and lower it? MR. CUDDY: Yes. MEMBER DINIZIO: So, what are you putting you know, on that side of the-, what's going to hold that pool and the sand and all of that on the - MR. CUDDY: There's going to be a retaining area that's going to built along the edge of it, so that that will be behind it. MEMBER DINIZIO: Is that wooden or concrete? MR. CUDDY: Yes, it should be wooden. It shows it on here but that's what it is. MEMBER DINIZIO: So, your drainage and that, how are you going to attack the drainage? MR. CUDDY: The drainage will be, two piped then will be off to the side, so it'll be the low point of trying to catch which is coming to that little point of the right because it goes across approximately 10 to 12 feet as it goes across the lot. ' Page 11 - July 6, 200 , ' Transcript of Hearings Board of Appeals MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: I think I'll pass for now, Mr. Chairman. CH IRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: I'll reserve my comments. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: I won't ask any questions at this time. CHAIRMAN GOEHRINGER: OK. So, I guess what we'll see is what we'll develop throughout the hearing. As you know, we have a request to hold this hearing over until the next regularly scheduled meeting, and we'll deal with that aspect at the end of the hearing. MR. CUDDY: Thank you. CHAIRMAN GOEHRINGER: Is there anybody would like to speak in favor? Does the Board have any questions of Mr. Ingegno? Mr. Ingegno has become a reknowned surveyor in this area, and I see him on all kinds of stuff. Any questions of Mr. Ingegno while he's here? I guess not. We thank you for coming. Anybody else like to speak in favor of this application? Anybody like to speak against the application? Yes, Ma'am. Would you state your name for the record. MS. BUTZ: Yes, Sir. My name is Mary Butz, and I am one of the owners of 2022 Hyatt Road which is right next door. CHAIRMAN GOEHRINGER: Standing on the street, is it on the left or the right? MS. BUTZ: On the west. CHAIRMAN GOEHRINGER: On the west side. MS. BUTZ: I'm on the right. I'm going down the road. CHAIRMAN GOEHRINGER: You're going down the road more towards - BOARD SECRETARY KOWALSKI: It's on the left though. I I ' Page 12 - July 6, 20011, - ) - Transcript of Hearings Board of Appeals MS. BUTZ: More towards Kenny Beach. I'm from Brooklyn. East, west, these are difficult issues. CHAIRMAN GOEHRINGER: I'm sorry. MS BUTZ: Alright. CHAIRMAN GOEHRINGER: I didn't mean to confuse you. MS. BUTZ: OK, anything of that nature can. I first became aware of this on, I think it was Thursday evening that this was going on. Apparently the registered letters were sent to the previous owner as opposed to us. And I wrote a handwritten letter which nobody does today. Everybody does computers so you can tell how distressed I was. A handwritten letter, and presented it to your office on Friday, in the hope of having this be a continuance. Continuance which is what I believe it is called, and the very little time that I've had between the i and now, since it's Independence weekend, I mean you try and getting somebody. The very little time I've had between then and now has led me to believe that a very minor investigation that I've done, has led me to believe, that this will be harmful, very, very harmful to the property that I own. The drainage issue is an issue of tremendous concern to me. The inquiries I've made of the people who have lived in the area, neighbors, people who have been there, and the previous owner, all, everyone has told the same tale, and that tale is, when this house was built that that property formerly the Lowell property suffered enormously. The lawn was flooded, the basement was flooded and the path going down to the beach was flooded as well. They're terrific drainage issues. I'm in the process of trying to find out who to hire about this and where to go about this. But that taken aside, my novice not knowing east, west, north, south, left or right. My novice analysis of this is, that I am firmly opposed to it for several reasons. (1) certainly my own holdings; (2) the impact it will have on the bluff. I invested my life savings, and this is my primary residence in that piece of property because it was beautiful and I want it to remain so and I cannot be clearer about this. And it's uncomfortable because these folks are nice neighbors and this is an uncomfortable kind of place to be but I cannot be silent and I know there are several others who - CHP?IRMAN GOEHRINGER: Can I share something with you apart from the drainage issue and I brought this up before and I don't mean to be redundant with this Board, but it's very important that we do so. This Board took over a series of three meetings. A pool issue in Mattituck with a bluff that's higher than yours, that's not a sarcastic statement, OK. It's equally as beautiful as yours and the applicants. However, much more frail in reference to the foliation of the bluff ' Page 13 - July 6, 206.. Transcript of Hearings Board of Appeals and the stability of the bluff. And they brought in engineers and again, this has nothing to do with the main issue. I think that one of the main issues that your concerned about is the issue of drainage at this point. They brought in engineers and there was an engineering study done that the weight of the pool wits the water in it was actually lighter than compacted soil as rain water hits it any compacts it down on the property. And we found that to be a very interesting aspect in dealing with these particular applications. So the Board very simply does one thing. The first thing we do is we contact Soil & Water Conservation. I don't know if you get a copy of that report. MS. BUTZ: Yes, I got it, I was able to get a copy today. CHAIRMAN GOEHRINGER: We don't construe that to be law, but we are very happy, that there is an agency out there that assists us in looking at these applications. Number 2, based upon my conversation with counsel, we make sure that these accessory structures are never linked to the house. Number 3, yoiJ heard me say, that we are concerned about the pool and its stability and that is, ids it a gunite pool and we are with the understanding that it is a gunite pool. Number 4, the drainage issue because pools occasionally, the pool filter has to be reversed and sometimes the pool itself overflows based upon water or whatever the case might be. And these are all issues that concern us. Apart fro the other main drainage issue that you're concerned about, which you're investigating. I am not speaking for this Board; I'm speaking as an individual. I've been here a long time. I'm not saying that I'm a well-versed person in pools on Ipluffs. We do grant a substantial amount. Most of them we push them back a little bit farther. We shrink the pool a little bit, and we go back and look at it when they're done. And they really have very little environmental hazard once they're completed and once they go through our review. And I have absolutely no objection to giving you the time to evaluate this drainage issue. But what I need to do is to make an appointment with you on a Saturday and go over and loop at your property because I want to see your concern from a grass roots point of view. I'm not going to discuss that concern with you at that point. I'm just very simply there to see how your concern basically lines up with everything that we are discussing here, and in no way am I second-guessing your concern. These are very valuable pieces of property. These are extremely probably the nicest pieces of property in all of Southold on the Sound. Ok. What's the date of our next meeting, Lin? BOARD SECRETARY KOWALSKI: August 10th. CHAIRMAN GOEHRINGER: August 10th. What's the weekend before that? That is Thursday, somewhere around the - -r•-• A . M1 Page 14 - July 6, 201k, Transcript of Hearings Board of Appeals MEMBER COLLINS: 5th. CHAIRMAN GOEHRINGER: 5th, OK, alright. MS. BUTZ: 5th of August? There are several people who wish to speak as well. CHAIRMAN GOEHRINGER: Yes, I know. I think what I'll do is, if you will just leave us your name and telephone number. I'm not positive I'm going to be here on August 5th, but I'll be here the weekend before that, which is seven days priori, which is the end of July. So if I could meet you out here and you know, just take a look at the entire area because that concerns me deeply. MS. BUTZ: I'll have to check my business schedule. I travel quite a bit, so I'll have to find out. I even stated that in the letter as well. So this just hit me like a bolt of lighting. CH IRMAN GOEHRINGER: I understand. MS. BUTZ: And there are several others who wish to speak. CHAIRMAN GOEHRINGER: Surely, we'll continue. Thank you. MEMBER DINIZIO: Could I ask a question. CHPIRMAN GOEHRINGER: Oh, wait, Mr. Dinizio has a question of you Ma'am. MEMBER DINIZIO: You mentioned about when they built the house. You said, it caused problems on a piece of property that you currently own? MS. BUTZ: Correct, yeah. MEMBER DINIZIO: Has that been corrected MS. 'BUTZ: To my knowledge yes. For the current disposition of the house, I belie e yes. MEMBER DINIZIO: I mean do you live there now? MS. LUTZ: Yes. MEMBER DINIZIO: So you have no complaints about what happens now when it rains with the house there? . 1_ ' Page 15 - July 6, 2000 Transcript of Hearings Board of Appeals MS. BUTZ: No, not yet. I've only lived there since September 19th. MEMBER DINIZIO: OK, no. I understand that but what I'm looking at here is, do we know what they did to correct that problem, or was it just - MS. BUTZ: That we have to do some investigation on. It would only be hearsay at this point. JMEMBER DINIZIO: OK, thank you. CH IRMAN GOEHRINGER: Good evening, Ma'am. MS. RAVITCH: Good evening. My name is Diane Ravitch. I am co-owner of 2022 Hyatt Road. I was recently appointed a Member of the Southold Landmark Preservation Commission, and our house is not yet a landmark, yet, it may soon be because it's a original part of the Marshall Estate which was moved from abo t a mile east of where we are now. I'm very unhappy about having to be at the hearing because I think the Cashys are lovely people, and very fine neighbors, and it's a very uncomfortable position for neighbors to be in, so I woud wish that this were not taking place. But my concern, first of all, was we didn't receive notice - I received a registered notice, a registered letter yesterday giving me in effect 24 hours' notice. Now the Clerk of this Commission knows thatk stopped by Friday, because I heard from neighbors, that there was going to be a hearing and I don't think, that is an appropriate way for a next door neighbor to find out about it, and there was some confusion about why the letter was sent to the previous owner because we've owned this property since September, and we do get tax bills. They haven't missed us once on getting re- assessed and so forth. My concern in addition to not getting notice, and not havik time to investigate this is that there is a very different pitch in the property between the one that's under consideration and ours as next door neighbors. Them highest point at the eastern end of their property is 54 feet high. Their lowest point I believe is 40 feet. So, they have a 14 foot pitch on their property, rolling down to ours, and our then drops then to about 35 feet. So, it's almost a 20 foot drop and we saw an architect today who said, your property is a catc ment basin for the property next door. So, our drainage concerns are very serious concerns. We're very concerned, that this could have an impact on what is a historic house which is 100 years old, and we feel that our property is very much at risk from the kinds of changes that are being proposed and there would have to be very extensive preparations made to assure us that our house will not be flooded as it was before. And we learned only today the full extent of the damage which was that the lawn had to be replaced, the driveway was dam ged, the whole area was under water as a result of the work under ' Pa9e 16 - July 6, 200u Transcript of Hearings Board of Appeals construction. So, needless to say, this is not just an esthetic issue, it's a very serious structural concern for us. Thank you very much. CHAIRMAN GOEHRINGER; Thank you. MEMBER COLLINS: Mr. Chairman? CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: Before this lady sits down. MRS. RAVITCH: Yes. MEMBER COLLINS: I'm sorry, I just want to get clear in my head, which property • is y' urs. MS. RAVITCH: 2022 Hyatt Road. MEMBER COLLINS. I'm sorry? MS. RAVITCH: I'm sorry, it's the property directly to the west of the Cashy property. MEMBER COLLINS: Oh, that's formerly Lowell? MS. RAVITCH: The former Lowell property. MEMBER COLLINS: I'm sorry, I thought formerly Lowell was Ms. Butz's property. MS. RAVITCH: No, we're co-owners of this property. MEMBER COLLINS: Oh, thank you. The same property. MS. RAVITCH: Thank you. CHAIRMAN GOEHRINGER: Next person. Yes Ma'am. How are you tonight? MS. JUDGE: I'm Diane Judge along with Peggy Hadley. I own a house adjacent to the capping of this house, just above the Butz-Ravitch house on half the lot. I'm not against swimming pools. I wish I could afford one what with the jelly fish. But Ijm here to voice objections to the consideration of variance. To use 26 illeg I feet of dunes for the purpose of building a swimming pool, hot tub and brick terracing, into the precious dunes on the Southold inlet. The point is, that Page 17 - July 6, 20Uu Trahscript of Hearings Board of Appeals between Horton's Point and Kenny's Lane, there are some 20 houses maybe. dont know, I've never counted them. Most of them cannot be seen from the magnificent beach along the sound. What happens if the Town of Southold allows its law against encroachment on the beach to be bent this one time? Why Mr. & Mrs. Toedter, the people who live on the eastern side of Misthos's house will be on the phone next year themselves asking for a similar swimming poo', and how about Jack Mallady, he'll be there next, and probably even Diane Ravitch and Mary Butz will start thinking about putting in a swimming pool. men Liz Wurtz, Otto Lindermayer, Wayne Norman, the Lesters, the people who own Zone Bluff. I noticed last week they're surveying the only empty lot on this road. Obviously, it's for sale. Once you see a beautiful swimming pool right on the Ildunes, you have the right to expect that you can do the very same thing you lself. Certainly, someone new will see that and want. We are being asked to give 26 feet of dune. That's one-fourth of the illegally forbidden zone. They can't do it all from one side. Bulldozers, backhoes, cement throwers, they have to gb around. They have to cut into this dune no matter what anybody says. It's not possible to do in any other way. To grant this variance would be opening too manSt steps to too many diving boards. Furthermore, behind all of the beach fron' to the east is a rather steep hillside which naturally configures to the run- off. Much of the woodsy sites on the hill have been converted to lawns, and in some case nothing but muddy driveways to accommodate the trucks. I'm sorry. I'm out of whack here - I left out a paragraph. Let me back-up a second. Furthermore, behind all of the beach fronts to the east is a rather steep hillside which naturally contributes to the run-off. Much of the woodsy sites on -- the ill have been converted to lawns, and in some cases, nothing but muddy driveways. East of this location just such a dry well and drain pipe, and I do think they put in a dry well to take off the run away after they built the house. And I personally saw the damage that was done to the Lowell's basement, and to their lawn, which the people had to re-seed at least three times in the course of ore summer. Plus the Lowells had to put a tar strip on the bottom of their driveway, and a cement thing guiding the water down because there is a right-of- way iiihere seven or eight houses use of this path to the beach which was once for road runners - it's the only natural cut in this point of the island, and this is only going to add further to the erosion of that beach. If you go down there today, you will see half of the sand and dirt from the Lowells, abuts Ravitch's property, out on the dunes. Just to the east there's a house that has a similar drain pipe whether it's legal or illegal, I don't know, but they have a dry well and a drain pipe leading out to the dunes, and last year at least 35 feet of dune fell into ihe sea. All of these enormous big black pine trees, you can still see their trues as you're sitting on the beach. They lost their steps. They lost everything. And my concern really is not as I say about swimming pools. I think the people are lovely people. I don't object to anything they're doing except the Page 18 - July 6, 200U -' Tran script of Hearings Board of Appeals law. The laws must be fair and sound to begin with. You all made them. I assume Southold fathers who go to Zoning Law deemed it to be fair and correct. It w9 uld be unfair and incorrect to everyone on Hyatt Drive. Everyone who uses the public beach, and all of nature's creatures who depend on this habitat of wh9t was and could still be the bucolic North Fork. I cannot see again - you ben the law this time, you're going to be bending it 14 or 15 times in the next few years, and that was my objection. Thank you. CH IRMAN GOEHRINGER: Thank you. Next person. Good evening, Sir. MR. JOHN MULLADY: Good evening, Sir. My name is John Mullady. My wife and I own a parcel of property. Five parcels to the east of town property in question. Again I'm not here to discuss swimming pools except one correction that the gentleman who was talking earlier said there are numbers of swimming pool up there. There are about 36 home sites in the area of Horton Point Extension. As far as my knowledge, there are two pools So, I mean, a number of, yeah, two is the number. All I wanted to say really was that a ruling of 100 feet, I don't think that was pulled out of the air by somebody who said, that's a nice number. Twenty-six feet is a quarter of it. To take a quarter of this piece of woods which is - if it were solid to the floor, take a quarter of it off, and cut out what's holding it by at least 14 feet on one end, and maybe eight on the other end, you've got a tremendous whole made here. That's going to be petitioned or supported by railroad ties. Will it work? Well, there's one way you can find out is to; do it. However, I would just like to mention, that the property directly contiguous to ours on the east, two years ago one Saturday night, an entire top of t e bluff and vegetation disappeared, and the gentleman who owns the prop rty was away; he came back that night, Saturday night, got up Sunday mor ing and looked out and said, what's different out there? What's different out tiere was that it was all gone. Why did it all go, because he was building? No, he wasn't building, there were no machines back there. He wasn't digging anything. The house has been there probably for 15-17 years. There's been nothing changed there except this thing went one day. Why did it go? I have no idea. I asked Mother Nature but she hasn't you know, she hasn't e-mailed me back yet. These things happen. Unfortunately, they happen. I'm next door. I lost some bluff. I'm concerned about all of the bluff. If you go from the Lighthouse at Horton's Point, east or west, you will see where it's eroded, and I know you people have all seen that. Peconic Shores, part of it, is a disaster. We have some vegetation on the bluff? Yes. Sure. The property next door to me was highly vegetated. Overnight it wasn't. He wasn't putting in a swimming pool. I'm not saying that would make it happen or not happen. But it seems to me, you're going to cut out that big a piece of property, and that much of a retai ing, a natural retaining behind it, something is going to change there. I woul prefer not to see it change that way. It seems to me, that the rules are the Page 19 - July 6, 2000 Transcript of Hearings Board of Appeals rules, and breaking them or bending them for something of this nature I think could establish a poor precedent that a lot of people here today, or tomorrow might regret. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Yes Ma'am. You'd have to use the mike. MRS. TOEDTER: I'm Mrs. Toedter. I'm on the other side of the property. I did send a letter. Did you enter that into the file? CHAIRMAN GOEHRINGER: I believe we did. BOARD SECRETARY: Yes. MRS. TOEDTER: OK, but one point that no-one else seems to make is, we own our pumps and wells are in the back and the cesspools are in the front, naturally - we had to do it that way. If anything happens when they put in the cesspools with all the septic systems and everything, I don't know that what do you do with your, if they disrupt wants going on there? I think there's a lot of big problems that could go on up there. CHAIRMAN GOEHRINGER: We would hope there's no disruption. MRS TOEDTER: We would all hope. CHAIRMAN GOEHRINGER: When you say in the back. You're saying the cesspools are in the front of the house, or in the back of the house? MEMBER COLLINS: Roadside. MRS. TOEDTER: It depends on what you're calling the front. MEMBER COLLINS: Roadside. CHAIRMAN GOEHRINGER: You're on the roadside. MRS. TOEDTER: Actually on the dirt roadside and the cesspools. CHAIRMAN GOEHRINGER: Let me just say one thing, OK? The third lady that spoke tonight concerned herself about heavy machinery. We've gotten this thing down to the point when I say thing in general, I'm making a generic statement, we allow one backhoe, alright - one small to medium size backhoe in the construction of these pools. I don't care if it costs the man 20 or the lady Page 20 - July 6, 200u- Transcript of Hearings Board of Appeals $25,000 to pump the cement in over the top of their house with a cement pump. But there is no heavy equipment allowed in the construction of any swimming pool in the Town of Southold on a bluff, on a dune, at this particular time, if it's granted by this Board. That is clearly stated within these decisions, and we have started this process also. I am not orchestrating. I am not pushing for the swimming pool in any way, manner or form. I am just telling you that we are trying to take every possible precaution. MRS. TOEDTER: The weight of the cement and the weight of the water? CHAIRMAN GOEHRINGER: Everything is taken into consideration. We are not an environmental group. But I assure you, if it requires triple layering of some type of barrier when it's being constructed. I'm talking about straw or hay or anything. The least amount of defoliation of the grassed area when it's being constructed, so on and so forth. These are very important factors for us to concern ourselves with in the construction of these pools. Again, I'm not orchestrating this application. I am not trying to push for. I'm just telling you, that these are things that we do. When the swimming pool is done, we go back and look at it (changed tape) between the houses to the west, and that concerns me, and that's the reason why I want to look at them. I want to look at this valley issue that's in between. I'm not an engineer but I want to look at it anyway. I've been doing this for 20 years, and I want to see what these ladies are talking about. MRS. TOEDTER: Is there a cesspool right there where they want to put the pool? CHAIRMAN GOEHRINGER: No. MRS. TOEDTER: There's a pipe. I guess that's the drain. CHAIRMAN GOEHRINGER: I have no knowledge of any cesspool there. The cesspools are in front of the house. MRS. TOEDTER: OK. CHAIRMAN GOEHRINGER: So let us do our job. You know we're going to carry this on to the next hearing, and I will look at that in between the two hearings. think this lady in back had a question there but we'll wait until you sit down. So, we'll take all of your concerns, and we'll deal with them and that's why you're here to voice your concerns. Page 21 - July 6, 200u Transcript of Hearings Board of Appeals MRS. TOEDTER: I thought maybe you had already investigated and that's why you're - CHAIRMAN GOEHRINGER: I have been to the site. I am very happy about the bluff itself because it's not that frail. In reference to - it's very well foliated and you know, that makes me very happy. Unfortunately, I had shorts on that day, and I get poison ivy like you will not believe, so I did not walk anywhere, maybe within 30 feet down the bluff, and I didn't go all the way. Normally I go all the way. But we will take everything into consideration. So please - MRS, TOEDTER: I'm sorry, I missed the beginning of the meeting. I didn't know if I could get here. That's why I wrote the letter. You took into consideration the fact that you passed a law, and now they want to circumvent of law, and you'll probably pass the law - CHAIRMAN GOEHRINGER: Can I just explain this? I said this at nauseum, and this has nothing to do and I will reflect upon this also. When this law went on the books, I discussed it with the orchestrater of the law, and I told him that this will create a tremendous problem for people that have existing dwellings, and people that want to build new dwellings on smaller lots. This is not necessarily a smaller lot. But we had heard from counsel, that they were mandated to put the house in this location. That does not mean that we constantly push this 100 foot issue. The orchestrater of this law told me all he wants us to do is look at every individual application, and he wants us to minimize the type of construction that we have. That doesn't mean the law doesn't stand. It stands. Only this Board can vary it and only this Board would vary it, and that's the way it's been since the law has been effect. MRS. TOEDTER: What is it like between houses, because you know someone calls it's pretty, they carry the sound and that's why I'm trying how many feet it has to be from another house? CHAIRMAN GOEHRINGER: There's no law in that respect. MRS. TOEDTER: Because I know the people below them, their bedroom, the Lowell's bedroom is right next to the water there, and that's the water ( ) over and if a pool were there, you could hardly even and people were jumping in and out at night, they could hardly use that room as a bedroom. CHAIRMAN GOEHRINGER: I see. MRS. TOEDTER: There's no law about that. Ok. C , , A Page 22 - July 6, 20Uu' Transcript of Hearings Board of Appeals CHAIRMAN GOEHRINGER: So let us do our job. Let us continue the process throughout this hearing, into the next hearing which will be in August, and we will report back to you what we found, and we always do, and then we'll - MRS. TOEDTER: 'We are fortunate they are on that side of the bluff, because we don't have as much on the other side but it's starting, and just last winter what use to be better crossing to that bulkhead down, and so it's a, it's fragile. CHAIRMAN GOEHRINGER: They are fragile. Thank you. MRS. TOEDTER: Thank you. CHAIRMAN GOEHRINGER: Ma'am, I believe you had, I don't mean to point at you, but I believe you had a question before that you wanted? MS. JUDGE: When you said 'no heavy equipment.' How big is a truck that brings the water in alone? CHAIRMAN GOEHRINGER: The truck has to remain in the front of the house. There is nothing that is allowed to the rear of the dwelling except for, except for a small backhoe to dig the hole. That is it. That's the condition. MEMBER COLLINS: Mr. Chairman, can I put two cents in? CHAIRMAN GOEHRINGER: Yes, but this lady has a question - MEMBER COLLINS: Oh, I'm sorry. I thought Ms. Butz had finished. CHAIRMAN GOEHRINGER: I'm sorry, again I apologize for pointing at you. MELONY MITZNER: I know this is going to be ( ). I feel very strongly about it. Terry and Jennie had me here tonight cause I - CHAIRMAN GOEHRINGER: We need your name for the record. MS. MITZNER: Melanie Mitzner and I bought their house on 1050 Hyatt Road. And I have, I was in on the hearing on the other, well I wasn't on the other side because I was happy that the property was large and they couldn't develop it. When a very delicate eco system they are more protected and there is a bluff that has collapsed within five or six properties or less in that area, just due to northeasters, rainfall, run-off, tide, whatever you know is happening. I think that building in that location is taking an undue risk, and the bottom line is, when it's nature against man, we all very well know who wins out. 4 Page 23 - July 6, 200U- Transcript of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Thank you. You want to make a statement Ms. Collins? MS. BUTZ: Sir, when is the next meeting going to be, did you say? MEMBER TORTORA: August 6th. MEMBER COLLINS: No, 10th. CHAIRMAN GOEHRINGER: August 10th. MS. BUTZ: 10th, OK. I have to see you after this, is that correct? CHAIRMAN GOEHRINGER: No, if you would call me tomorrow. Call the office tomorrow and just leave your phone number, and we'll set up some date that's convenient for everyone. MS. BUTZ: OK. CHAIRMAN GOEHRINGER: I mean it's not necessary if this nice lady sitting next to you is going to be there, you don't have to be there. MS. BUTZ: I own 50% of it, I want to be there. CHAIRMAN GOEHRINGER: OK. MS. BUTZ: This is my primary residence. CHAIRMAN GOEHRINGER: I understand. I mean I'm not trying to strip you of that. MS. BUTZ: It's not my summer home. This is what I own, but I wanted to ask one more question. CHAIRMAN GOEHRINGER: Sure. MS. BUTZ: I have to go and check my calendar. I may have to postpone this. We may have to have another discussion, like I don't know if I'm going to be here August 10th. This all came like gangbusters here. CHAIRMAN GOEHRINGER: I understand. Page 24 - July 6, 2000 Transcript of Hearings Board of Appeals MS. BUTZ: Alright? MEMBER HORNING: Mr. Chairman. That particular lady I think is the one who mentioned the right-of-way. Can someone tell us more about it? This is right-of- way that you say is used? MS. RAVITCH: On the property that we jointly own there's a right-of-way and there are several families that are entitled to come through that right-of-way to the beach, and it's on the west side of the property that we own leading from our driveway down to the beach. MEMBER COLLINS: It's a footpath, right? MS. RAVITCH: It's a right-of-way. It's a footpath. MEMBER COLLINS: Footpath, OK. MS. RAVITCH: And it was as I mentioned earlier washed out during the construction of this home. This home by the way was constructed after the passage of the 100 foot requirement, as I understand. CHAIRMAN GOEHRINGER: Yes. OK, Ms. Collins. MEMBER COLLINS: Mr. Chairman, I just wanted briefly to address a couple of comments to the neighbors which I think they deserve to hear from us. We hear frequently at this Board "we must obey the absolute letter of the law. The law is the law." Someone here tonight used the word 'circumvent' with respect to the request for a variance. It's not circumvention of law. The State of New York, the Law of the State of New York says that if a locality has zoning setbacks and other things like that, a locality must have a Zoning Board of Appeal as an Appeals Board for people who are unable to do what they want with their property because of zoning and our job is to balance and to weigh and the State tells us that's our job. And the laws are on the books, and the laws are the laws and it's our job to hear appeals from them, and it's not circumventing the law. I just don't want you folks to think that there's something predaceous about our appeals process. This is the way it's supposed to work. Thank you, Mr. Chairman. MEMBER DINIZIO: Can I make a comment also that may be helpful to you folks? CHAIRMAN GOEHRINGER: Sure. C , Page 25 - July 6, 200u Transcript of Hearings Board of Appeals MEMBER DINIZIO: If I were to hear from say, an expert on your side. Say you go out and find an expert on your side, I'd want to hear about three things. One is if that erosion is still going on from the house and whether it's still effecting your property. The second one is if I could hear an expert tell me why that bluff that you say went down five lots, why it went down. Ok. Give me a reason because living here all my life, it doesn't just happen overnight. There's always some way, some how, something has happened, and if you can bring a reason and I'm not suspecting what the reason will be good or bad to this applicant, but certainly would be helpful for me - if you want to inject that into this conversation. If it's helpful to you, good. If it's not, maybe you don't bring it up. And certainly, think that the 100 foot setback as I've always seen it, you know, is just that. It's a 100 foot setback and you try to live by that as much as you possibly can but when the other zoning laws, the other laws gave him the waiver, a person a use of his property, you know, he has to have a place to seek relief because you know he's a taxpayer just like anybody else. And I can probably say from my point of view that this application will look much different when we're done with it, and I know you're probably all friends, and I hope you all leave friends, but if you can inject and try to show us, you know, why - give me a concrete reason as to why you think that this particular pool will cause any erosion at all. You know, there are experts - people that may be able to say, give a good reason for that. I'm certainly willing to hear it. I do know seating on this Board now for 14 years, you can build this close to a bluff, and you can do so without disturbing that bluff. But you know, if you have concerns and, you know, express your concerns to an expert and he can explain to us - I have no problem whatsoever, you know believing that fact. Thank you. CHAIRMAN GOEHRINGER: OK, we are at this particular point, we have requested, oh, you want to say something? Pardon me. MEMBER TORTORA: I just would like to ask the attorney for the applicant. CHAIRMAN GOEHRINGER: Mr. Cuddy? At that point, if it's alright with everyone then we're going to recess until the next regularly scheduled meeting. MS. BUTZ: Or later if necessary. CHAIRMAN GOEHRINGER: You'll have to send us a letter on that respect. MS. BUTZ: I shall do so, but I want that on the record. CHAIRMAN GOEHRINGER: Right. Mr. Cuddy. I don't know if he can hear you. Wait till he comes up. The air conditioner is on. Page 26 - July 6, 2000 Transcript of Hearings Board of Appeals MEMBER TORTORA: How high is that retaining wall? MR. CUDDY: The retaining wall that's on - MEMBER TORTORA: The retaining wall of, the timber retaining wall that holds the brick patio. MR. CUDDY: You mean the proposed wall? Mr. Ingegno? MEMBER COLLINS: The proposed. MR. CUDDY: There, I think probably Mr. Ignego could say how high. MR. IGNEGO: It's going to be approximately 4 to 5 feet high. They intend to dig into the east side by about 3 feet and then fill to about an 8 or 9 foot difference in elevation. MEMBER TORTORA: It's going to be graded? MR. CUDDY: It's going be graded to the middle. MR. IGNEGO: The middle will be the center grade and then they'll cut into the east and fill to the west. MEMBER TORTORA: OK, the other thing I was reading Soil & Conservation and you read the report, you know, the concerns. One of the concerns was that the erosion would be compounded from the brick patio being impermeable surface but I wondered if you come with any options on that? MEMBER COLLINS: It's in sand. MR. CUDDY: Two points that I was making: one was that the brick surface is not going to be completely impervious because of the placement of the sand, which probably makes it very little different from hard dirt that would be packed at that site. Secondly, that's the purpose of having drainage at the south west corner. Any run-off that would come by virtue of the elevation at that point, would be picked up by the drainage pools that would be there, and we, that's why I indicated initially that we're willing to have our engineers, Cronin & Cronin, certify to the Board that what we proposed would be adequate to take all of the drainage run-off and will not go on to the neighbor's property, and I understand that concern. G 11 Page 27 - July 6, 2000 Transcript of Hearings Board of Appeals MEMBER TORTORA: Well, the other question we always ask, and you know the question is - is this the minimum setback that you can live with? MR. CUDDY: Well I would say, that there's a few feet less but not an awful lot the way this pool is set up here. With the pool as you can see is a basically, a 20 foot across pool. As far as the width of it goes, coming from the deck out towards the bluff area. Part of that pool as a matter of fact is within with the inside of the line that's probably 2 to 3 feet. I would think, that there's very little think you can cut-off and still have an adequate pool. We probably could cut some of it but not an awful lot. CHAIRMAN GOEHRINGER: Thank you. George, you have a question? MEMBER HORNING: No. CHAIRMAN GOEHRINGER: Ok. So, again, at this particular point, we're in recess. I will make a motion recessing it to the next regularly scheduled meeting which at this time is August 10th. However, unless I get a letter from you, (Ms. Butz) it will be up to the Board to make that determination then at that point, OK? MS. BUTZ: Yes, I understand. But I do need sometime to get my own expert witness as well. CHAIRMAN GOEHRINGER: I understand. And you'll give us a call tomorrow and leave your telephone number. MS. BUTZ: I won't be back at work until Monday. CHAIRMAN GOEHRINGER: That's fine. This is not going to be until the end of July anyway. MS. BUTZ: This has been a wonderful vacation. I wanted to tell you all that I had a wonderful time. CHAIRMAN GOEHRINGER: We're sorry about that but we would like you to call us so that I can make an appointment with you around the 27th, 28th, 29th of July, whatever it is. MS. BUTZ: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you. MEMBER COLLINS: Is that a motion? A r Page 28 - July 6, 2000 Transcript of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Yes, that is a motion. Thank you for your courtesy. MEMBER COLLINS: Second. See Minutes for Resolution. Prepared from tape recordings By Lucia Farrell Aso( Page 8 - July 6, 2Gu Transcript of Hearings •))) Board of Appeals • 6:51 P.M. - Appl. No. 4837 - HARRY CASHY & MARIA MISTHOS. This is a request for a Variance under Article XXIII, Section 100-239.4(1) based on the Building Department's May 2, 2000 Notice of Disapproval. The reason stated for the disapproval is that the accessory in-ground swimming pool and hot tub are proposed at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 1900 Hyatt Road, Southold. Parcel 1000- 50-1-3. CHAIRMAN GOEHRINGER: Mr. Cuddy, can I have the Affidavit of Posting. (The Affidavit was handed up for the record). How are you tonight Sir. CHARLES R. CUDDY, ESQ.: Fine, thank you. CHAIRMAN GOEHRINGER: You might just as well stay right up there, we're ready to go. Any time your ready, Mr. Cuddy. MR. CUDDY: I'm Charles Cuddy. I represent the applicants who have property at Hyatt Road, in Southold. This is an application to permit to go into the bluff area 26 feet from the top of the bluff line. The purpose of that is to build a pool. The pool is to have surrounded a brick patio area at the ground level. The patio will be in sand. It will not be in concrete. So there won't be anything affected seriously by it. The pool as shown on the survey is a pool that in dimension is 40 x 20 x 18 feet. The patio area itself is 70 feet across, 30 feet deep. This house was built at the site that it's on because the location was dictated by the Health Department. The applicant could not go forward of the line that he is on. That is, could not go closer to the street because the well and cesspool constraints dictated by the Health Department put his house right where it is. Mr. Ingegno is here, who is the surveyor, and can also indicate to you but I am stating it to you on behalf of the applicant, that his house is there because that was where he had to put his house. What we're asking the Board for is essentially a 26 foot variance to permit that patio area and the pool to go into the bluff area. We're aware of concerns that have been expressed about drainage. I'm aware of the Suffolk County Soil & Water Conservation statement. We have delivered today and I believe as part of the record Mr. Chairman, a statement from Cronin & Cronin Engineers indicating, that they're satisfied that we can place sufficient drainage at this site, sufficient capacity drainage rings so that there won't be any run-off that will adversely effect any of the neighbors. We believe that this is an appropriate application. Certainly having a swimming pool along this area is not an unusual amenity to a house. It's an amenity that a lot of people have. Unfortunately, because of the location we have to somewhat into the bluff area. But our engineers have indicated and think the County confirms it that this does not destabilize the bluff. The main Page 9 - July 6, 20 R_ Transcript of Hearings Board of Appeals concern is with drainage. We would say to you two things. That one, we will have an engineer certify that the run-off will be contained on our site, and we will produce that at the end of our construction so that part of getting the C.O. will be that we will produce for you an engineer's certification, that There will be no run- off that cannot be contained on our site, and that we have sufficient drywells to contain that. We also note there was some concern about the fence going into the foliage area. We will move the fence back if the Board desires so that it does not cut into that area. For those of you who have been here, this is a long walk down the steps but this is a well-vegetated area. This is not a bluff that's in any destabilization. I would think at this point, that what the applicant is saying to you is that he recognizes that he is asking for a variance. The variance is not a significant variance but it is a variance going to the bluff area. It does not cause destabilization. But we are aware of drainage concerns, and we will take care of all of those concerns. I'd be pleased if the Board has any questions. And to let you know that the Cashys are here. As I said, Mr. Ingegno is here and we are as I said, willing to produce a certificate from our engineer that we have taken care of the drainage concern. CHAIRMAN GOEHRINGER: Two quick things. The pool itself would not be linked to the house in any way, is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: Because we have a brick patio laid in sand which there is no way to anchor that to the house. Number 2, I think we've gotten to the point when we deal with these applications that we are significantly going to be discussing gunite pools as opposed to liner pools. Is this a gunite pool? MR. CASHY: That it is. MR. CUDDY: I believe it is. Mr. Cashy says yes. CHAIRMAN GOEHRINGER: And I'm saying that in general. I'm making a generalization because of fragile nature of the top of the bluff. Basically, a gunite pool is even more substantial than the foundation that the house is sitting on. MR. CUDDY: The answer to that is, that it will be a gunite pool. Page 10 - July 6, 26-00' _ � 2, Transcript of Hearings ; Board of Appeals CHAIRMAN GOEHRINGER: At that juncture, this pool is never anticipated to be enclosed. Is that correct? MR. CUDDY: That's correct. CHAIRMAN GOEHRINGER: We'll start with Mr. Dinizio. Any questions Sir? MEMBER DINIZIO: Well, it looks to me like according to these contour lines, that you can start at about 50 foot contour, and go down to 42? (Adjusted microphones at this point.) MR. CUDDY: Yes. MEMBER DINIZIO: How does that, how is that going to be built? Are you building it up, or are you digging into - MR. CUDDY: On the east side we'd be digging in. The grade would come out of the middle, and we go down on the east side and try to maintain the grade as we go along to the west side. MEMBER DINIZIO: So you'll probably build it up where the hot tub is, and lower it? MR. CUDDY: Yes. MEMBER DINIZIO: So, what are you putting you know, on that side of the-, what's going to hold that pool and the sand and all of that on the - MR. CUDDY: There's going to be a retaining area that's going to built along the edge of it, so that that will be behind it. MEMBER DINIZIO: Is that wooden or concrete? MR. CUDDY: Yes, it should be wooden. It shows it on here but that's what it is. MEMBER DINIZIO: So, your drainage and that, how are you going to attack the drainage? MR. CUDDY: The drainage will be, two piped then will be off to the side, so it'll be the low point of trying to catch which is coming to that little point of the right because it goes across approximately 10 to 12 feet as it goes across the lot. r Page 11 - July 6, • Transcript of Hearings Board of Appeals MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: I think I'll pass for now, Mr. Chairman. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: I'll reserve my comments. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: •I won't ask any questions at this time. - CHAIRMAN GOEHRINGER: OK. So, I guess what we'll see is what we'll develop throughout the hearing. As you know, we have a request to hold this hearing over until the next regularly scheduled meeting, and we'll deal with that aspect at the end of the hearing. MR. CUDDY: Thank you. CHAIRMAN GOEHRINGER: Is there anybody would like to speak in favor? Does the Board have any questions of Mr. Ingegno? Mr. Ingegno has become a reknowned surveyor in this area, and I see him on all kinds of stuff. Any questions "of Mr. Ingegno while he's here? I guess not. We thank you for coming. Anybody else like to speak in favor of this application? Anybody like to speak against the application? Yes, Ma'am. Would you state your name for the record. MS. BUTZ: Yes, Sir. My name is Mary Butz, and I am one of the owners of 2022 Hyatt Road which is right next door. CHAIRMAN GOEHRINGER: Standing on the street, is it on the left or the right? MS. BUTZ: On the west. CHAIRMAN GOEHRINGER: On the west side. MS. BUTZ: I'm on the right. I'm going down the road. CHAIRMAN GOEHRINGER: You're going down the road more towards - BOARD SECRETARY KOWALSKI: It's on the left though. Page 12 - July 6, Transcript of Hearings 1,-- Board -Board of Appeals MS. BUTZ: More towards Kenny Beach. I'm from Brooklyn. East, west, these are difficult issues. CHAIRMAN GOEHRINGER: I'm sorry. MS. BUTZ: Alright. CHAIRMAN GOEHRINGER: I didn't mean to confuse you. MS. BUTZ: OK, anything of that nature can. I first became aware of this on, think it was Thursday evening that this was going on. Apparently the registered letters were sent to the previous owner as opposed to us. And I wrote a =z handwritten letter which nobody does today. Everybody does computers so you can tell how distressed I was. A handwritten letter, and presented it to your office on Friday, in the hope of having this be a continuance. Continuance which is what I believe it is called, and the very little time that I've had between then and now, since it's Independence weekend, I mean you try and getting somebody. The very little time I've had between then and now has led me to believe that a very minor investigation that I've done, has led me to believe, that this will be harmful, very, very harmful to the property that I own. The drainage issue is an issue of tremendous concern to me. The inquiries I've made of the people who have lived in the area, neighbors, people who have been there, and the previous owner, all, everyone has told the same tale, and that tale is, when this house was built that that property formerly the Lowell property suffered enormously. The lawn was flooded, the basement was flooded and the path going down to the beach was flooded as well. They're terrific drainage issues. I'm in the process of trying to find out who to hire about this and where to go about this. But'that taken aside, my novice not knowing east, west, north, south,, left or right. My novice analysis of this is, that I am firmly opposed to it for several reasons. (1) certainly my own holdings; (2) the impact it will have on the bluff. I invested my life savings, and this is my primary residence in that piece of property because it was beautiful and I want it to remain so and I cannot be clearer about this. And it's uncomfortable because these folks are nice neighbors and this is an uncomfortable kind of place to be but I cannot be silent and I know there are several others who - CHAIRMAN GOEHRINGER: Can I share something with you apart from the drainage issue and I brought this up before and I don't mean to be redundant with this Board, but it's very important that we do so. This Board took over a series of three meetings. A pool issue in Mattituck with a bluff that's higher than yours, that's not a sarcastic statement, OK. It's equally as beautiful as yours and the applicants. However, much more frail in reference to the foliation of the bluff Page 13 - July 6, 2'' Transcript of Hearings - Board of Appeals and the stability of the bluff. And they brought in engineers and again, this has nothing to do with the main issue. I think that one of the main issues that your concerned about is the issue of drainage at this point. They brought in engineers and there was an engineering study done that the'weight of the pool with the water in it was actually lighter than compacted soil as rain water hits it and compacts it down on the property. And we found that to be a very interesting aspect in dealing with these particular applications. So the Board very simply does one thing. The first thing we do is we contact Soil & Water Conservation. I don't know if you get a copy of that report. MS. BUTZ: Yes, I got it, I was able to get a copy today. CHAIRMAN GOEHRINGER: We don't construe that to be law, but wa are very happy, that there is an agency out there that assists us in looking at these applications. Number 2, based upon my conversation with counsel, we make sure that these accessory structures are never linked to the house. Number 3, you heard me say, that we are concerned about the pool and its stability and that is, is it a gunite pool and we are with the understanding that it is a gunite pool. Number 4, the drainage issue because pools occasionally, the pool filter has to be reversed and sometimes the pool itself overflows based upon water or whatever the case might be. And these are all issues that concern us. Apart from the other main drainage issue that you're concerned about, which you're investigating. I am not speaking for this Board; I'm speaking as an individual. I've been here a long time. I'm not saying that I'm a well-versed person in pools on bluffs. We do grant a substantial amount. Most of them we push them back a little bit farther. We shrink the pool a little bit, and we go back and look at it when they're done. And they really have very little environmental hazard once they're completed and once they go through our review. And I have absolutely no objection to giving you the time to evaluate this drainage issue.' But what need to do is to make an appointment with you on a Saturday and go over and look at your property because I want to see your concern from a grass roots point of view. I'm not going to discuss that concern with you at that point. I'm just very simply there to see how your concern basically lines up with everything that we are discussing here, and in no way am I second-guessing your concern. These are very valuable pieces of property. These are extremely probably the nicest pieces of property in all of Southold on the Sound. Ok. What's the date of our next meeting, Lin? BOARD SECRETARY KOWALSKI: August 10th. CHAIRMAN GOEHRINGER: August 10th. What's the weekend before that? That is Thursday, somewhere around the - Page 14 - July 6, - Transcript of Hearings Board of Appeals MEMBER COLLINS: 5th. CHAIRMAN GOEHRINGER: 5th, OK, alright. MS. BUTZ: 5th of August? There are several people who wish to speak as well. CHAIRMAN GOEHRINGER: Yes, I know. I think what I'll do is, if you will just leave us your name and telephone number. I'm not positive I'm going to be here on August 5th, but I'll be here the weekend before that, which is seven days prior, which is the end of July. So if I could meet you out here and you know, just take a look at the entire area because that concerns me deeply. MS. BUTZ: I'll, have to check my business schedule. I travel quite a bit, so I'll have to find out. I even stated that in the letter as well. So this just hit me like a bolt of lighting. CHAIRMAN GOEHRINGER: I understand. MS. BUTZ: And there are several others who wish to speak. CHAIRMAN GOEHRINGER: Surely, we'll continue. Thank you. MEMBER DINIZIO: Could I ask a question. CHAIRMAN GOEHRINGER: Oh, wait, Mr. Dinizio has a question of you Ma'am. MEMBER DINIZIO: You mentioned about when they built the house. You said, it caused problems on a piece of property that you currently own? MS. BUTZ: Correct, yeah. MEMBER DINIZIO: Has that been corrected MS. BUTZ: To my knowledge yes. For the current disposition of the house, believe yes. MEMBER DINIZIO: I mean do you live there now? MS. BUTZ: Yes. MEMBER DINIZIO: So you have no complaints about what happens now when it rains with the house there? • . Page 15 - July 6, 2.„. r Transcript of Hearings r: Board of Appeals MS. BUTZ: No, not yet. I've only lived there since September 19th. MEMBER DINIZIO: OK, no. I understand that but what I'm looking at here is, do we know what they did to correct that problem, or was it just - MS. BUTZ: That we have to do some investigation on. It would only be hearsay at this point. MEMBER DINIZIO: OK, thank you. CHAIRMAN GOEHRINGER: Good evening, Ma'am. MS. RAVITCH: Good evening. My name is Diane Ravitch. I am co-owner of 2022 Hyatt Road. I was recently appointed a Member of the Southold Landmark Preservation Commission, and our house is not yet a landmark, yet, it may soon be because it's a original part of the Marshall Estate which was moved from about a mile east of where we are now. I'm very unhappy about having to be at the hearing because I think the Cashys are lovely people, and very fine neighbors, and it's a very uncomfortable position for neighbors to be in, so I would wish that this were not taking place. But my concern, first of all, was we didn't receive notice - I received a registered notice, a registered letter yesterday giving me in effect 24 hours' notice. Now the Clerk of this Commission knows that I stopped by Friday, because I heard from neighbors, that there was going to be a hearing and I don't think, that is an appropriate way for a next door neighbor to find out about it, and there was some confusion about why the letter was sent to the previous owner because we've owned this property since September, and we do get tax bills. They haven't missed us once on getting re- assessed and so forth. My concern in addition to not getting notice, and not having time to investigate this is that there is a very different pitch in the property between the one that's under consideration and ours as next door neighbors. Their highest point at the eastern end of their property is 54 feet high. Their lowest point I believe is 40 feet. So, they have a 14 foot pitch on their property, rolling down to ours, and our then drops then to about 35 feet. So, it's almost a 20 foot drop and we saw an architect today who said, your property is a catchment basin for the property next door. So, our drainage concerns are very serious concerns. We're very concerned, that this could have an impact on what is a historic house which is 100 years old, and we feel that our property is very much at risk from the kinds of changes that are being propose°d and there would have to be very extensive preparations made to assure us that our house will not be flooded as it was before. And we learned only today the full extent of the damage which was that the lawn had to be replaced, the driveway was damaged, the whole area was under water as a result of the work under Page 16 - July 6, Transcript of Hearings Board of Appeals construction. So, needless to say, this is not just an esthetic issue, it's a very serious structural concern for us. Thank you very much. ;;;CHAIRMAN GOEHRINGER; Thank you. MEMBER COLLINS: Mr. Chairman? CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: Before this lady sits down. MRS. RAVITCH: Yes. MEMBER COLLINS: I'm sorry, I just want to get clear in my head, which property is yours. MS. RAVITCH: 2022 Hyatt Road. MEMBER COLLINS: I'm sorry? MS. RAVITCH: I'm sorry, it's the property directly to the west of the Cashy property. MEMBER COLLINS: Oh, that's formerly Lowell? MS. RAVITCH: The former Lowell property. MEMBER COLLINS: I'm sorry, I thought formerly Lowell was Ms. Butz's property. MS. RAVITCH: No, we're co-owners of this property. MEMBER COLLINS: Oh, thank you. The same property. MS. RAVITCH: Thank you. CHAIRMAN GOEHRINGER: Next person. Yes Ma'am. How are you tonight? MS. JUDGE: I'm Diane Judge along with Peggy Hadley. I own a house adjacent to the capping of this house, just above the Butz-Ravitch house on half the lot. I'm not against swimming pools. I wish I could afford one what with the jelly fish. But I'm here to voice objections to the consideration of variance. To use 26 illegal feet of dunes for the purpose of building a swimming pool, hot tub and brick terracing, into the precious dunes on the Southold inlet. The point is, that Page 17 - July 6, 2su. Transcript of Hearings' Board of Appeals between Horton's Point and Kenny's Lane, there are some 20 houses maybe. I don't know, I've never counted them. Most of them cannot be seen from the magnificent beach along the sound. What happens if the Town of Southold allows its law against encroachment on tlfe; beach to be bent this one time? Why Mr. & Mrs. Toedter, the people who live on the eastern side of Misthos's house will be on the phone next year themselves asking for a similar swimming pool, and how about Jack Mallady, he'll be there next, and probably even Diane Ravitch and Mary Butz will start thinking about putting in a swimming pool. I mean Liz Wurtz, Otto Lindermayer, Wayne Norman, the Lesters, the people who own Zone Bluff. I noticed last week they're surveying the only empty lot on this road. Obviously, it's for sale. Once you see a beautiful swimming pool right on the dunes, you have the right to expect that you can do the very same thing yourself:, Certainly, someone new will see that and want. We are being asked to give 26 feet of dune. That's one-fourth of the illegally forbidden zone. They can't do it all from one side. Bulldozers, backhoes, cement throwers, they have to go around. They have to cut into this dune no matter what anybody says. It's not possible to do in any other way. To grant this variance would be opening too many steps to too many diving boards. Furthermore, behind all of the beach front to the east is a rather steep hillside which naturally configures to the run- off. Much of the woodsy sites on the hill have been converted to lawns, and in some case nothing but muddy driveways to accommodate the trucks. I'm sorry. I'm out of whack here - I left out a paragraph. Let me back-up a second. Furthermore, behind all of the beach fronts to the east is a rather steep hillside which naturally contributes to the run-off. Much of the woodsy sites on the hill have been converted to lawns, and in some cases, nothing but muddy driveways. East of this location just such a dry well and drain pipe, and I do think they put in a dry well to take off the run away after they built the house. And I pe'rsonaily saw 'the damage that was done to the Lowell's basement, and to their lawn, which the people had to re-seed at least three times in the course of one summer. Plus the Lowells had to put a tar strip on the bottom of their driveway, and a cement thing guiding the water down because there is a right-of- way where seven or eight houses use of this path to the beach which was once for road runners - it's the only natural cut in this point of the island, and this is only going to add further to the erosion of that beach. If you go down there today, you will see half of the sand and dirt from the Lowells, abuts Ravitch's property, out on the dunes. Just to the east there's a house that has a similar drain pipe whether it's legal Or illegal, I don't know, but they have a dry well and a drain pipe leading out to the dunes, and last year at least 35 feet of dune fell into the sea. All of these enormous big black pine trees, you can still see their trunks as you're sitting on the beach. They lost their steps. They lost everything. And my concern really is not as I say about swimming pools. I think the people are lovely people. I don't object to anything they're doing except the Page 18 - July 6, 2-,-,J ( Transcript of Hearings Board of Appeals law. The laws must be fair and sound to begin with. You all made them. I assume Southold fathers who go to Zoning Law deemed it to be fair and correct. It would be unfair and incorrect to everyone on Hyatt Drive. Everyone who uses the public beach, and all of nature's creatures who depend on this habitat of what was and could still be the bucolic North Fork. I cannot see again - you bend the law this time, you're going to be bending it 14 or 15 times in the next few years, and that was my objection. Thank you. CHAIRMAN GOEHRINGER: Thank you. Next person. Good evening, Sir. MR. JOHN MULLADY: Good evening, Sir. My name is John Mullady. My wife and I own a parcel of property. Five parcels to the east of town property in ;) question. Again I'm not here to discuss:swimming pools except one correction that the gentleman who was talking earlier said there are numbers of swimming pool up there. There are about 36 home sites in the area of Horton Point Extension. As far as my knowledge, there are two pools. So, I mean, a number of, yeah, two is the number. All I wanted to say really was that a ruling of 100 feet, I don't think that was pulled out of the air by somebody who said, that's a nice number. Twenty-six feet is a quarter of it. To take a quarter of this piece of woods which is - if it were solid to the floor, take a quarter of it off, and cut out what's holding it by at least 14 feet on one end, and maybe eight on the other end, you've got a tremendous whole made here. That's going to be petitioned or supported by railroad ties. Will it work? Well, there's one way you can find out is to do it. However, I would just like to mention, that the property directly contiguous to ours on the east, two years ago one Saturday night, an entire top of the bluff and vegetation disappeared, and the gentleman who owns the property was away; he came back that night, Saturday night, got up Sunday morning and looked out and said, what's different out there? What's different out there was that it was all gone. Why did it all go, because he was building? 1. No, he wasn't building, there were no machines back there. He wasn't digging anything. The house has been there probably for 15-17 years. There's been nothing changed there except this thing went one day. Why did it go? I have no idea. I asked Mother Nature but she hasn't you know, she hasn't e-mailed me back yet. These things happen. Unfortunately, they happen. I'm next door. lost some bluff. I'm concerned about all of the bluff. If you go from the Lighthouse at Horton's Point, east or west, you will see where it's eroded, and know you people have all seen that. Peconic Shores, part of it, is a disaster. We,have some vegetation on the bluff? Yes. Sure. The property next door to =Y me was highly vegetated. Overnight it wasn't. He wasn't putting in a swimming pool. I'm not saying that would make it happen or not happen. But it seems to me, you're going to cut out that big a piece of property, and that much of a retaining, a natural retaining behind it, something is going to change there. would prefer not to see it change that way. It seems to me, that the rules are the Page 19 - July 6, 2uuv Transcript of Hearings Board of Appeals rules, and breaking them or bending them for something of this nature I think could establish a poor precedent that a lot of people here today, or tomorrow might regret. Thank you. CHAIRMAN GOEHRINGER: Anybody else? Yes Ma'am. You'd have to use the mike. MRS. TOEDTER: I'm Mrs. Toedter. I'm on the other side of the property. I did send a letter. Did you enter that into the file? CHAIRMAN GOEHRINGER: I believe we did. B=OARD SECRETARY: Yes. MRS. TOEDTER: OK, but one point that no-one else seems to make is, we own our pumps and wells are in the back and the cesspools are in the front, naturally we had to do it that way. If anything happens when they put in the cesspools with all the septic systems and everything, I don't know that what do you do with your, if they disrupt wants going on there? I think there's a lot of big problems that could go on up there. CHAIRMAN GOEHRINGER: We would hope there's no disruption. MRS. TOEDTER: We would all hope. CHAIRMAN GOEHRINGER: When you say in the back. You're saying the cesspools are in the front of the house, or in the back of the house? MEMBER COLLINS: Roadside. MRS. TOEDTER: It depends on what you're calling the front. MEMBER COLLINS: Roadside. CHAIRMAN GOEHRINGER: You're on the roadside. MRS. TOEDTER: Actually on the dirt roadside and the cesspools. CHAIRMAN GOEHRINGER: Let me just say one thing, OK? The third lady that spoke tonight concerned herself about heavy machinery. We've gotten this thing down to the point when I say thing in general, I'm making a generic statement, we allow one backhoe, alright - one small to medium size backhoe in the construction of these pools. I don't care if it costs the man 20 or the lady Page 20 - July 6, 2L-_f Transcript of Hearings .. 3.., Board of Appeals $25,000 to pump the cement in over the top of their house with a cement pump. But there is no heavy equipment allowed in the construction of any swimming pool in the Town of Southold on a bluff, on a dune, at this particular time, if it's granted by this Board: That is clearly stated within these decisions, and we have started this process also. I am not orchestrating. I am not pushing for the swimming pool in any way, manner or form. I am just telling you that we are trying to take every possible precaution. MRS. TOEDTER: The weight of the cement and the weight of the water? CHAIRMAN GOEHRINGER: Everything is taken into consideration. We are not an environmental group. But I assure you, if it requires triple layering of some 0:4p type of barrier when it's being constructed. I'm talking about straw or hay or anything. The least amount of defoliation of the grassed area when it's being constructed, so on and so forth. These are very important factors for us to concern ourselves with in the construction of these pools. Again, I'm not orchestrating this application. I am not trying to push for. I'm just telling you, that these are things that we do. When the swimming pool is done, we go back and look at it (changed tape) between the houses to the west, and that concerns me, and that's the reason why I want to look at them. I want to look at this valley issue that's in between. I'm not an engineer but I want to look at it anyway. I've been doing this for 20 years, and I want to see what these ladies are talking about. MRS. TOEDTER: Is there a cesspool right there where they want to put the pool? CHAIRMAN GOEHRINGER: No. MRS. TOEDTER: There's a pipe. I guess that's the drain. CHAIRMAN GOEHRINGER: I have no knowledge of any cesspool there. The cesspools are in front of the house. MRS. TOEDTER: OK. CHAIRMAN GOEHRINGER: So let us do our job. You know we're going to carry this on to the next hearing, and I willlook at that in between the two hearings. think this lady in back had a question there but we'll wait until you sit down. So, we'll take all of your concerns, and we'll deal with them and that's why you're here to voice your concerns. Page 21 - July 6, 2,—,6 Transcript of Hearings Board of Appeals MRS. TOEDTER: I thought maybe you had already investigated and that's why you're - CHAIRMAN GOEHRINGER: I have been to the site. I am very happy about the bluff itself because it's not that frail. In reference to - it's very well foliated and you know, that makes me very happy. Unfortunately, I had shorts on that day, and I get poison ivy like you will not believe, so I did not walk anywhere, maybe within 30 feet down the bluff, and I didn't go all the way. Normally I go all the way. But we will take everything into consideration. So please - MRS, TOEDTER: I'm sorry, I missed the beginning of the meeting. I didn't know if I could get here. That's why I wrote the letter. You took into consideration the fact that you passed a law, and-now they want to circumvent of law,'-'and you'll probably pass the law - CHAIRMAN GOEHRINGER: Can I just explain this? I said this at nauseum, and this has nothing to do and I will reflect upon this also. When this law went on the books, I discussed it with the orchestrater of the law, and I told him that this will create a tremendous problem for people that have existing dwellings, and people that want to build new dwellings on smaller lots. This is not necessarily a smaller lot. But we had heard from counsel, that they were mandated to put the house in this location. That does not mean that we constantly push this 100 foot issue. The orchestrater of this law told me all he wants us to do is look at every individual application, and he wants us to minimize the type of construction that we have. That doesn't mean the law doesn't stand. It stands. Only this Board can vary it and only this Board would vary it, and that's the way it's been since the law has been effect. ' MRS. TOEDTER: What is it like between houses, because you know-someone calls it's pretty, they carry the sound and that's why I'm trying how many feet it has to be from another house? CHAIRMAN GOEHRINGER: There's no law in that respect. MRS. TOEDTER: Because I know the people below them, their bedroom, the Lowell's bedroom is right next to the water there, and that's the water ( ) over and if a pool were there, you could hardly even and people were jumping in and ,_ out at night, they could hardly use that room as a bedroom. CHAIRMAN GOEHRINGER: I see. MRS. TOEDTER: There's no law about that. Ok. Page 22 - July 6, Transcript of Hearings Board of Appeals CHAIRMAN GOEHRINGER: So let us do our job. Let us continue the process throughout this hearing, into the next hearing which will be in August, and we will report back to you what we found, and we always do, and then we'll - MRS. TOEDTER: We are fortunate they are on that side of the bluff, because we don't have as much on the other side but it's starting, and just last winter what use to be better crossing to that bulkhead down, and so it's a, it's fragile. CHAIRMAN GOEHRINGER: They are fragile. Thank you. MRS. TOEDTER: Thank you. CHAIRMAN GOEHRINGER: Ma'am, I believe you had, ItIon't mean to point at you, but I believe you had a question before that you wanted? MS. JUDGE: When you said 'no heavy equipment.' How big is a truck that brings the water in alone? CHAIRMAN GOEHRINGER: The truck has to remain in the front of the house. There is nothing that is allowed to the rear of the dwelling except for, except for a small backhoe to dig the hole. That is it. That's the condition. MEMBER COLLINS: Mr. Chairman, can I put two cents in? CHAIRMAN GOEHRINGER: Yes, but this lady has a question - MEMBER COLLINS: Oh, I'm sorry. I thought Ms. Butz had finished. CHAIRMAN GOEHRINGER: I'm sorry, again I apologize for pointing at you. MELONY MITZNER: I know this is going to be ( ). I feel very strongly about it. Terry and Jennie had me here tonight cause I - CHAIRMAN GOEHRINGER: We need your name for the record. MS. MITZNER: Melanie Mitzner and I bought their house on 1050 Hyatt Road. And I have, I was in on the hearing on the other, well I wasn't on the other side because I was happy that the'property was large and they couldn't develop it. When a very delicate eco system they are more protected and there is a bluff that has collapsed within five or six properties or less in that area, just due to northeasters, rainfall, run-off, tide, whatever you know is happening. I think that building in that location is taking an undue risk, and the bottom line is, when it's nature against man, we all very well know who wins out. Page 23 - July 6, Transcript of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Thank you. You want to make a statement Ms. Collins? MS. BUTZ: Sir, when is the next meeting going to be, did you say? MEMBER TORTORA: August 6th. MEMBER COLLINS: No, 10th. CHAIRMAN GOEHRINGER: August 10th. MS. BUTZ: 10th, OK., I have to see you after this, is that correct? CHAIRMAN GOEHRINGER: No, if you would call me tomorrow. Call the office tomorrow and just leave your phone number, and we'll set up some date that's convenient for everyone. MS. BUTZ: OK. CHAIRMAN GOEHRINGER: I mean it's not necessary if this nice lady sitting next to you is going to be there, you don't have to be there. MS. BUTZ: I own 50% of it, I want to be there. CHAIRMAN GOEHRINGER: OK. MS. BUTZ: This is my primary residence. CHAIRMAN GOEHRINGER: I understand. I mean I'm not trying to strip you of that. MS. BUTZ: It's not my summer home. This is what I own, but I wanted to ask one more question. CHAIRMAN GOEHRINGER: Sure. MS. BUTZ: I have to go and check my calendar. I may have to postpones this. We may have to have another discussion, like I don't know if I'm going to be here August 10th. This all came like gangbusters here. CHAIRMAN GOEHRINGER: I understand. Page 24 - July 6, 2L - Transcript of Hearings :',-- _; Board of Appeals MS. BUTZ: Alright? MEMBER HORNING: Mr. Chairman. That particular lady I think is the one who mentioned the right-of-way. -Can someone telleus more about it? This is right-of- way that you say is used? MS. RAVITCH: On the property that we jointly own there's a right-of-way and there are several families that are entitled to come through that right-of-way to the beach, and it's on the west side of the property that we own leading from our driveway down to the beach. MEMBER COLLINS: It's a footpath, right? MS. RAVITCH: It's a right-of-way. It's a footpath. MEMBER COLLINS: Footpath, OK. MS. RAVITCH: And it was as I mentioned earlier washed out during the construction of this home. This home by the way was constructed after the passage of the 100 foot requirement, as I understand. CHAIRMAN GOEHRINGER: Yes. OK, Ms. Collins. MEMBER COLLINS: Mr. Chairman, I just wanted briefly to address a couple of comments to the neighbors which I think they deserve to hear from us. We hear frequently at this Board "we must obey the absolute letter of the law. The law is the law." Someone here tonight used the word 'circumvent' with respect to the request for a variance. It's not circumvention of law. The State of New York, the Law of the State of New York says that if a locality has zoning setbacks and - other things like that, a locality must have a Zoning Board of Appeal as an Appeals Board for people who are unable to do what they want with their property because of zoning and our job is to balance and to weigh and the State tells us that's our job. And the laws are on the books, and the laws are the laws and it's our job to hear appeals from them, and it's not circumventing the law. just don't want you folks to think that there's something predaceous about our appeals process. This is the way it's supposed to work. Thank you, Mr. Chairman. MEMBER DINIZIO: Can I make a comment also that may be helpful to you folks? CHAIRMAN GOEHRINGER: Sure. Page 25 - July 6, 2L�61 - Transcript of Hearings ;.1;,*' Board of Appeals MEMBER DINIZIO: If I were to hear from say, an expert on your side. Say you go out and find an expert on your side, I'd want to hear about three things. One is if that erosion is still going on from the house and whether it's still effecting your property. The second one is if I could hear an expert tell me why that bluff that you say went down five lots, why it went down. Ok. Give me a reason because living here all my life, it doesn't just happen overnight. There's always some way, some how, something has happened, and if you can bring a reason and I'm not suspecting what the reason will be good or bad to this applicant, but certainly would be helpful for me - if you want to inject that into this conversation. If it's helpful to you, good. If it's not, maybe you don't bring it up. And certainly, I think that the 100 foot setback as I've always seen it, you know, is just that. It's a 100 foot setback and you try to live by that as much as you possibly can but when the other zoning laws, the other laws gave him'the waiver, a person a use of his property, you know, he has to have a place to seek relief because you know he's a taxpayer just like anybody else. And I can probably say from my point of view that this application will look much different when we're done with it, and I know you're probably all friends, and I hope you all leave friends, but if you can inject and try to show us, you know, why - give me a concrete reason as to why you think that this particular pool will cause any erosion at all. You know, there are experts - people that may be able to say, give a good reason for that. I'm certainly willing to hear it. I do know seating on this Board now for 14 years, you can build this close to a bluff, and you can do so without disturbing that bluff. But you know, if you have concerns and, you know, express your concerns to an expert and he can explain to us - I have no problem whatsoever, you know believing that fact. Thank you. CHAIRMAN GOEHRINGER: OK, we are at this particular point, we have requested, oh, you want to say something? Pardon me. MEMBER TORTORA: I just would like to ask the attorney for the applicant. CHAIRMAN GOEHRINGER: Mr. Cuddy? At that point, if it's alright with everyone then we're going to recess until the next regularly scheduled meeting. MS. BUTZ: Or later if necessary. CHAIRMAN GOEHRINGER: You'll have to send us a letter on that respect. MS. BUTZ: I shall do so, but I want that on the record. CHAIRMAN GOEHRINGER: Right. Mr. Cuddy. I don't know if he can hear you. Wait till he comes up. The air conditioner is on. • Page 26 - July 6, 2L-,J _, Transcript of Hearings Board of Appeals MEMBER TORTORA: How high is that retaining wall? MR. CUDDY: The retaining wall that's on - MEMBER TORTORA: The retaining wall of, the timber retaining wall that holds the brick patio. MR. CUDDY: You mean the proposed wall? Mr. Ingegno? MEMBER COLLINS: The proposed. MR. CUDDY: There, I think probably Mr. Ignego could say how high. MR. IGNEGO: It's going to be approximately 4 to 5 feet high. They intend to dig into the east side by about 3 feet and then fill to about an 8 or 9 foot difference in elevation. MEMBER TORTORA: It's going to be graded? MR. CUDDY: It's going be graded to the middle. MR. IGNEGO: The middle will be the center grade and then they'll cut into the east and fill to the west. MEMBER TORTORA: OK, the other thing I was reading Soil & Conservation and you read the report, you know, the concerns. One of the concerns was that the erosion would be compounded from the brick patio being impermeable surface but I wondered if you come with any options on that? MEMBER COLLINS: It's in sand. MR. CUDDY: Two points that I was making: one was that the brick surface is not going to be completely impervious because of the placement of the sand, which probably makes it very little different from hard dirt that would be packed at that site. Secondly, that's the purpose of having drainage at the south west corner. Any run-off that would come by virtue of the elevation at that point, would be picked up by the drainage pools that would be there, and we, that's why I indicated initially that we're willing to have our engineers, Cronin & Cronin, certify to the Board that what we proposed would be adequate to take all of the drainage run-off and will not go on to the neighbor's property, and I understand that concern. • Page 27 - July 6, 2......' Transcript of Hearings Board of Appeals MEMBER TORTORA: Well, the other question we always ask, and you know the question is - is this the minimum setback that you can live with? MR. CUDDY: Well-I would say, that there's a few feet less but not an awful lot the way this pool is set up here. With the pool as you can see is a basically, a 20 foot across pool. As far as the width of it goes, coming from the deck out towards the bluff area. Part of that pool as a matter of fact is within with the inside of the line that's probably 2 to 3 feet. I would think, that there's very little I think you can cut-off and still have an adequate pool. We probably could cut some of it but not an awful lot. CHAIRMAN GOEHRINGER: Thank you. George, you have a question? MEMBER HORNING: No. CHAIRMAN GOEHRINGER: Ok. So, again, at this particular point, we're in recess. I will make a motion recessing it to the next regularly scheduled meeting which at this time is August 10th. However, unless I get a letter from you, (Ms. Butz) it will be up to the Board to make that determination then at that point, OK? MS. BUTZ: Yes, I understand. But I do need sometime to get my own expert witness as well. CHAIRMAN GOEHRINGER: I understand. And you'll give us a call tomorrow and leave your telephone number. MS. BUTZ: I won't be back at work until Monday. CHAIRMAN GOEHRINGER: That's fine. This is not going to be until the end of July anyway. MS. BUTZ: This has been a wonderful vacation. I wanted to tell you all that I had a wonderful time. CHAIRMAN GOEHRINGER: We're sorry about that but we would like you to call us so that I can make an appointment with you around the 27th, 28th, 29th of July, whatever it is. MS. BUTZ: Absolutely, yes. CHAIRMAN GOEHRINGER: Thank you. MEMBER COLLINS: Is that a motion? y 1, Page 28 - July 6, 2_,J Transcript of Hearings Board of Appeals CHAIRMAN GOEHRINGER: Yes, that is a motion. Thank you for your courtesy. MEMBER COLLINS: Second. See Minutes for Resolution. Prepared from tape recordings By Lucia Farrell VP) \-00 V AN l-tl<NY Ti. TOHILL, P.C. ,AT1()1 Nh.YS n C LAW 12 FIRST STREET ANTHONY fl rONIL( P.0. BOX 1330 TELEPHONE MIc;HApi.i CUfFORCI T1iV1'.f1III.gn, NJS�V YORK 11c 01-OnOrI I �7 31 727-8383 _ � 7 one ITT AUG - 9 2000 ' J August 9, 2000 VIA FAX 765 -9064 Chairman Gerard P. Goehringer and Members of the Zocning Board of Appeals 53095 Main Road Southold, NY 11971 Dear Chairtn.ln Goehringer and Members of the Board 7 have been retained by Diane Ravitch and Marry Butz who appeared at the July 6, 2000 hearing on application No. 4837, Harry Cashy and Maria Misthos . I have advised Mr. Cuddy who represents the applicants that the services of an engineer will be required for the opposition to make a presentation. Mr. Cuddy has advised me that he has no objection to this request for an adjournment to enable the objectants to find an engineer who can address the specific issues at hand. Accordingly, 1 respectfully request that this matter be adjourned not less than 1 ) days to permit me to locate an engineer. Thank you for your ooperation_ Very truly ','ours, ABT/bb Anthony B. Tohill cc: Diane Ravitch Mary Butz Com ,- /o-' a:6 - ' 15100 p ime went Date Sent ANTHONY B. TOHILL, P.C. ATTORNEYS AT LAW 12 First Street, P.U. Box 1330 63.1 'v27-838'3 Riverhead, New York 11901-0903 FAX 631 -727-6336 TELEFAX TRANSMITTAL SHEET TO: Linda Kowalski FAX NO. : 765- 9064 FROM: ANTHONY R. TOHILL, P.C. Fax Number: 631-727-6336 NUMBER OF PAGES, INCLUDING THIS PAGE: 2 DATE: August 9 , 2000 RE: Cashy and Misthos ATTACHMENTS: Letter Dear Linda: Here is a request for an adjournment on Cashy/Misthos. Mr. Cuddy advised me he consents. I would like to call you Friday morning to find out what date the board scheduled as the adjournment date. Thank you. � I A.H.T. THIS C1`P'A4trNT('ATTl1N MAY CONTAIN INFORMATTON WHICH IS CONFIDENT:AL AND/OR PROTECTED nY THE ATTORNEY—rT,TFNT OR OTHER APPT.Tt'AFt1,E lrt v1LE(;E TT TS INTENDED FON RECEIPT AND USE SOLELY BY THE :NDIVIDImL(ND NAMED ABOVE. 7F YOU A1th NOT TUE INTENDED RTCIPIENT, 01< THE EMPLOYEE OR AGENT RESYOW11)LE FOR DELIV REIDTG TRIS k CUMMUN:CATTON rn IHl; IN'TENDE'D RF.C:TPTENT, Xo?U ARE HEREBY NOTIFIED THAT ANY DISC:U./SURE. DIsTK.thur ION UR COPYING OF THTS 1,OC'UMEN'1' IS $TRIfTT.V PROHTBITED. 1F YOU HAVE RECEIVED THIN (101MUNICATION DI ERROR. PLEASE N47TTFY US LMMk;lliA'1'E'LY By TRT.F.PTTONF ANt, RETURN THE ORICINAL DOCUMENT" TO u3 Al THE ABOVE ADDRESS VIA THE U.S- POSTAI,. b;l(V1CCr. bb THANK YOU- APPEALS BOARD MEMBER, •) �SFO(,kC z • OG Southold Town Hall Gerard P. Goehringer, Chairman /* y�: 53095 Main Road James Dinizio, Jr. y _ - ^, Z ; P.O. Box 1179 Lydia A.Tortorap ��� Southold, New York 11971 Lora S. Collins p! ZBA Fax(631) 765-9064 •George Horning �l * �.,.•I Telephone(631) 765-1809 ____ o" BOARD OF APPEALS TOWN OF SOUTHOLD August 29, 2000 To: Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY 11901-0903 Re: September 14, 2000 Hearing -Appl. No. 4839 (Cashy/Misthos) Gentlemen: This will confirm that the public hearing on the above application will continue at the September 14, 2000 Regular Meeting. The hearing time has been scheduled for 7:45 p.m. The purpose of the public hearing is for evidence and testimony to be submitted into the record. Thank you. Sincerely yours, GERARD P. GOEHRINGER CHAIRMAN \ 7 • rc,k 111)):P!LI ti '.-P' F , `� 1. �.; 4_44 ,-,` '� ; (: , -° , 3 U 2000 1�,, � n tiy in i J ',-)T 1, ,- _- q . - . -. - -44 ii. _tz- 50 "ozro 47,7,,,0-.- . '.-.', - I �f , a��a ffi---frA4-AA. 4).-0314.1 ,-#2,4-6 SnA;21 ala✓v c- /4rkr 7o a attei-A /.0.4.11 ?4,- il., 6,,j,tyryi 6ata. 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' • : ' _.„.... -- • - • •--• - " . • • ., _,/ • .. . , , . . , i, ..e --12tAL-4 ir bi-; Faia-K,c..‹..41.4, rt/ tiou.24,2.4.ire;1 &ex.....1. 11.4O .. fr<I e. 4 4,,,,/?_ . . .. .:,... ..........„..... :. _.„ ... _. ,:,.._ . . , t----_:-: . .. . .. _ . _„ ___ 2&22 a °�r, ,�r 1 r_ :- .. .. ... . . , , ., . .. :;......., mit : los ►avx IZzx 4) edi 0,971 el . (71g) g3c-9W y —7 i c(,3i) 76c-b010 S r ,v4 - - EN) LE M E \ tO k A \lc JUL "5 alli BOARD OF APPEALS TOWN OF SOUTHOLD NEW YORK STATE JUNE 30, 2000 Dear Board of Appeals, n^ We, Diane Judge and Peggy Hadley, residing at 2000 Hyatt Drive, f�"--pp�� would like to go on record first by stating, that to date, we are nl9"' 0„S the only persons living next to, or near, or on the same private dle44 dirt road known as Hyatt Drive, who has received this notice. To date we have not been able to find any notice in any publication of note. So, the community that would be most concerned with the ebl ' request for the Variance Article XXIII, Section 100-239. 4(1) based (� on the Building Department's May 2 , 2000 Notice of Disapproval will not be given a voice in this matter. We have done everything possible to contact as many people as possible, but there are summer folks who are only here on weekends, if at all. We object strongly to the Variance as stated above. The removal of the dune in any amount adds to the already rapidly advancing erosion of this beach. The removal of trees will also contribute to the already existing ominous erosion. There is also the loss of wildlife habitat. The Department of Environmental Control has already forbidden the removal of trees on this very property and on this very site. The location of the Variance would put the entire section of dune in jeopardy running from Horton's Point to Kenny's Beach. There has already been a severe cave-in shortly to the East of the Cashy/Misthos property caused by residential abuse of drain pipes causing extreme run-off of freshwater from the hill behind these dunes. The hill exists behind this propery as well and could perhaps cause the pool to overflow. The location of the Variance has already caused severe run-off to the adjacent property once owned by the late Ron Lowell. Mr. & Mrs. Lowell went through misery in their last months in their house with flooded basements,, lawns, gardens and severe erosion of a right-of-way to the beach used by seven houses off the dunes. To correct this problem a dry well was built and also a drain pipe over the dunes to the beach, the legality of which we question. What happens to the drywell when the pool is built on its location? Will the spillover happen yet again, this time chlorinated? (2) The location of the Variance would open a "northeast" corridor directly off Long Island Sound that would also put in jeopardy homes and magnificent stands of hemlock, maples, oak and pine from wind and salt spray, and not least the additional heating costs to all who live in the wind's path. The location of the Variance is central to the existing homes in this private community whose water source is strictly private wells. The effect of a overly large swimming pool, whose original water would most likely be brought in, but whose future fillings would tap into the water table is a problem to be considered. Also, what happens if the pool bursts? We are in hurricane country here. What is the effect of years of chlorine on our water supply? We would appeal to the Board of Appeals to refer to the enclosed article which appeared in the New York Times and in Newsday and on TV News broadcast warning the population of coastal areas of just such problems. Over development is already a serious problem on the North Fork. The only remaining vacant waterfront property on Hyatt Drive has just recently been surveyed for sale and development. If a variance of this nature is granted here, what of the future? Just how many Olympic-sized swimming pools will these fragile dunes hold? If the Town of Southold's building department has already ruled this swimming pool and hot tub to be illegal, why not live by the law? S' re / ly, 'ad/ c '•4 Ii Diane Judge/ beg•;y dley f PO Box 1702 Southold, NY. 11971 631 765 1516 4\113 ` _ -410 -/ TRANSMITTAL MEMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: .02Zd ° 444_2_606 SUBJECT: ile pdate - Hearing Calendar of With reference to the above application, please find attached the following new information added to the official ZBA office file:// ( jfr -, I Cluj, d�:llxA� U/4 ,0/� r� Comments: Number of Pages Attached: oI11- -f- Q u d) C:\WINDOWS\DESKTOP\ZBA FOLDERS\ZBA\ZBA MEMBERS FROM STAFF\TrMemo.doc Jut. ® 3Alt 1 July 2000 ..:ja if' /Pe\\, Southold Town Board of Appeal Town Hall 53095 Main Road Southold, NY 11971 RE: Appl. No. 4837- Harry Cash and Maria Misthos Dear Board of Appeals, As the next-door neighbor of the applicants, I would like to express my concern about the request for variance to build an in-ground swimming pool and spa within 100 feet of the bluff and ask that the request for variance be denied. The proposed pool and spa, if allowed to be built, will have both near-term and long-term impact on the integrity of the bluff. As our property sits next to and above the property in question,just the process of construction will change the dynamics of the bluff and the natural structure that supports our property adjoining the parcel in question as well as our property along the bluff. There are documented reasons for this concern. 1. Less than 500 feet north of the parcel in question is the site of a major collapse of the bluff onto the beach below just last year. From the Horton's Point Lighthouse south, the bluff is unstable and is subject to extreme erosion and collapse. We do not need to add to the danger that already exists. 2. During construction of the house on the parcel in question, lack of attention and concern to the dynamics of the property and bluff caused severe erosion, both to the property in question and to the adjacent property formerly belonging to Ronald and Patricia Lowell, as mud and rain washed through the Lowell property, at times washing out their driveway and the right-of-way access path to the beach. We fear what additional damage this construction will bring as almost all of the foliage and supporting root systems bordering our properties have been removed. 3. The Federal Emergency Management Agency (FEMA)just issued a report (article attached from FEMA Web site) that predicted, "Approximately 25 percent of homes and other structures within 500 feet of the U.S. coastline and the shorelines of the Great Lakes will fall victim to the effects of erosion within the next 60 years." The report went on to say, "Given the rates at which some areas of the U.S. shoreline are eroding due to high intensity storms and coastal flooding, some of the homes and properties that vacationers will enjoy this summer may not be there much longer." ` : ' ' % . . sSouthold Board of Appeal page 2 The threat to our home of over 50 years is real enough from nature. Again,you only have to look at the bluff to the north and the amount of sand that has been washed away from the beach this year to see how real the threat to the bluff is. We do not need human interference to add to the bluffs instability. The current moratorium on building within 100' of the cliff is an important piece of legislation and should not be circumvented. In reviewing this request, I would also ask the Board of Appeals to consider the following: 1. No extensive environmental impact study or on-site survey has been performed on our property or other adjacent and surrounding properties to my knowledge. And as a community with a common geologic feature- the bluff - we must be fully aware of how this request would affect not just the parcel in question, but the whole community- if it were permitted to go forward. 2. I believe that the proposed pool and spa would sit less then 20 feet from either the parcel's septic system or dry well. As such,any extensive leakage of chlorinated water from the pool - either by an undetected leak or by an accident - would allow this chlorinated water faster access to the water table, our drinking water. 3. If our property were to become unstable in the bluff area, not only would we lose property we have invested in and cared for over 50 years, we would lose our septic field as well. The only remaining area of our property where we could relocate the septic field to would be by our water pump,and that is against code. Lastly, the moratorium on building within 100 feet of the bluff was in place when the parties filing this application bought the property and built their current house on that property. Therefore,they must have been or,at least, should have been made fully aware of the restrictions on building anything within 100 feet of the bluff from their real estate agent, their lawyer, the survey report, their builder and their own research. Thus the importance of adhering to current law and in maintaining the integrity of the bluff for all of the residents along Hyatt Road must not be lost on the applicants, other members of the immediate community and on the Town of Southold. Given these key points, I again ask that the Board of Appea!s,deny the request for variance. Sincerely, • Gt ion . /0e6:&". Virginia M. Toedter 1800 Hyatt Road, Horton Point, Southold, NY 11971 FF;MA: Significant Losses From Costal Erosion Anticipated Along U.S. tlines Page 1 of 4 ks f 1W. V'I `7', l 4 -.. r ice-` -.�,- r ,.., , ,♦ , ,, ,,,,_,, 11 \4A-N;L WS,I& 0144, ,' _ ': ,:'W < - y ,,,%r_, [ home'1 site helpi search I:feedbeck I ;library ]. [feedback I library I privacy policy I search I site help I site index] Significant Losses From Coastal Erosion Anticipated Along U.S. Coastlines Executive Summary of Erosion Hazards Study, 544 Kb (22 pages) i Evaluation of Erosion Hazards Report, 3.97 Mb (252 pages) S. '. � � ) ; Washington, June 27, 2000 -- ' a<, '' �1. 7; ,t_ Approximately 25 percent of •�, I" t f4t i � `� ,��- homes and other structures within a J #r §" . ` 5 ':';i',' ' Pyr 500 feet of the U.S. coastline and r _�� 1,... the shorelines of the Great Lakes i'° A ' `. will fall victim to the effects of " § i --.3---,� '. erosion within the next 60 years, .x "i 3`I'' 7: - according to a study released today ,,. » .- ; ,;�t by the Federal Emergency qt 3 -r ` 4 4 Management Agency(FEMA). The � 'Y <,1 i, ��j.1a t study was prepared for FEMA by t :: ,^"�" ,' ` The Heinz Center for Science, "` �° `_' Economics and the Environment. —zt:::°"-+a+arw ax."-- Im i k 27 A.w,r.s.n t "This report, Evaluation of Erosion Hazards,provides for the first time a comprehensive assessment of coastal erosion and its impact on people and property along our nation's ocean and Great Lakes shorelines," FEMA Director James Lee Witt said. "The findings are sobering. If coastal development continues unabated and if sea levels rise as some scientists are predicting, the impact will be even worse." Especially hard hit will be areas along the Atlantic and Gulf of Mexico coastlines, which are expected to account for 60 percent of nationwide losses. Costs to U.S. homeowners will average more than a half billion dollars per year, and additional development in high erosion areas will lead to higher losses, according to the report. Highly protected areas of large East Coast cities will not be adversely affected. "As Americans visit their favorite beaches this July Fourth holiday, they should be aware of the erosion risks facing coastal homes and communities," William Merrell,president of the Heinz Center, said. "Given the rates at which some areas of the U.S. shoreline are eroding due to high intensity storms and coastal flooding, some of http://www.fema.gov/nwz00/erosion.htm 7/1/00 FEMA: Significant Losses From C---f-4 Erosion Anticipated Along U.S. Q crines Page 2 of 4 the homes ai )perties that vacationers will enjoy this summer may not be there much longer." The study came about as a result of the ongoing debate over how best to manage coastal erosion and whether or not, or how, to use federal programs such as the National Flood Insurance Program (NFIP) to address the problem. The federal flood insurance program currently covers erosion damage that occurs in connection with floods, but does not specifically take into account erosion in setting flood insurance rates in coastal areas. Nor does it cover damage caused by gradual erosion. In an effort to help settle some of the issues, Congress, in 1994, asked FEMA to submit a report evaluating the economic impact of erosion on coastal communities and the NFIP,which is operated by the Federal Insurance Administration, a division of FEMA. "This report clearly lays out the hard choices facing the Congress and this nation," Witt said. "It is now time to renew the public dialogue about how we can lower the risks to life and property and reduce the costs from the inevitable consequences of coastal erosion." The study recommends FEMA be authorized to develop maps identifying coastal erosion hazard areas and include the cost of expected erosion losses when setting flood insurance rates for coastal areas. The independent report also presents possible federal policy options,most of them regarding the use of the federal flood insurance program to address the coastal erosion problem. The Atlantic and Gulf coasts account for 45 percent of the U.S. coastline and they are home to 63 percent of the structures within 500 feet of the shoreline. The nation's highest average erosion rates -up to six feet or more per year- occur along the Gulf of Mexico coastline. The average erosion rate on the Atlantic coast is about two to three feet per year. However, actual erosion rates can vary widely from one location to another and from one year to another. A hurricane or other major storm can cause the coast to erode 100 feet or more in a single day. Other findings from the study: • Development in several high-risk coastal areas studied has increased by more than 60 percent over the last 20 years. • Property owners within the first few hundred feet of the nation's coasts face as large a risk of damage from erosion as they do from flooding. • Only about half of homeowners in high erosion areas on the Atlantic and Gulf coasts currently hold flood insurance policies. • The regulatory components of the NFIP have been effective in reducing damage from flooding, but were not designed to, http://www.fema.gov/nwz00/erosion.htm 7/1/00 FEMA: Significant Losses From C^ c*a,l Erosion Anticipated Along U.S. C) [nes Page 3 of 4 1 and do nut, directly address erosion. ® To fully reflect erosion risk, insurance rates in the highest hazard coastal areas would have to be double today's rates, on the average. . Assuming that enrollment in the federal flood insurance program holds steady,NFIP's payout for erosion-related losses over the next few decades is likely to be about $80 million per year. • It would cost about$44 million for FEMA to identify, map, disseminate and maintain information on erosion hazards nationwide. • There are about 10,000 structures within the estimated 10- year erosion zone(the amount of land expected to erode within 10 years) close to the shore. • There are 87,000 structures within the estimated 60-year erosion zone. • There are 338,000 structures within 500 feet of the shoreline. Fifty percent of these structures are located on the Atlantic coast, 13 percent are on the Gulf, 20 percent on the Pacific coast and 17 percent are on the Great Lakes. NFIP or FEMA-related policy options presented by the study: • Prepare and disseminate maps showing areas subject to erosion. • Create Coastal High Hazard Zones that include both flood and erosion risks. • Impose a mandatory surcharge for erosion on flood insurance in Coastal High Hazard Zones. • Combine erosion surcharges with regulatory measures such as set-backs to reduce damages. • Require communities to impose building standards appropriate for future flood conditions expected because of erosion. o Provide erosion insurance in bluff areas. • Provide relocation assistance and/or buyouts. "Although we have not seen any significant shortfalls in the flood insurance program because of erosion losses, this study clearly shows that coastal erosion is a problem that is going to increase dramatically over the next several decades," Witt said. "However, I do not believe that the problem of coastal erosion is one that FEMA or the flood insurance program alone can solve. We may be able to help,but ultimately the solution to coastal erosion must be found at the local and state level through partnerships such as those fostered through initiatives like FEMA's Project Impact: Building Disaster Resistant Communities. Project Impact provides a model that communities can follow to address disaster risks." Witt said that FEMA will review the study and identify any possible changes to the NFIP rating system that could be made under existing program authorities to establish risk classification rates for http://www.fema.gov/nwz00/erosion.htm 7/1/00 FEMA: Significant Losses From C tal Erosion Anticipated Along U.S. C lines Page 4 of 4 k p ' a r coastal erosion. owever, it may be necessary for Congress to make some changes to those authorities to address inequities that could result from not having adequate information about erosion hazard risk areas to use in establishing those rates, he added. The National Flood Insurance Program was established in 1968 to help reduce the federal share of costs in connection with flood losses, which at that time were exceeding an average$1 billion annually through the enactment of disaster-relief measures. Coastal erosion has been an issue of debate regarding its relationship with the NFIP ever since. Discussion has centered on whether or not erosion is a flood or flood-related phenomena,methods of determining areas subject to erosion and the extent to which communities should be required by the NFIP to manage building and development in erosion-prone areas. An essential component for implementing the NFIP is the Flood Insurance Rate Map,which delineates Special Flood Hazard Areas and insurance risk zones, and is prepared by FEMA's mitigation division. Special Flood Hazard Areas are places that are subject to 100-year floods. The term 100-year flood is deceptive and confuses many people into thinking that a 100-year flood is a flood that happens only every 100 years. That is not accurate. A 100-year flood is a flood that has a 1 percent chance of occurring in any given year. Some areas, for example, have experienced 100-year floods in consecutive years. FEMA already maps coastal zones as Special Flood Hazard Areas, termed "V-zones," in which structures are subject to damage from both flooding and significant waves. NFIP construction standards are more stringent in V-zones and insurance rates are usually higher than in A-zones. Updated:June 27, 2000 Federal Emergency Management Agency http://www.fema.gov/nwz00/erosion.htm 7/1/00 lEconuo D CHARLES R. CUDDY �7�y 2000ATTORNEY AT LAW JUN 445 GRIFFING AVENUE R O. BOX 1547 :°']' TEL: (631)3: -8210 RiVERIiEAD,NY 11001 - - - - 369-9.80 June 28, 2000 Zoning Board of Appeals Town of Southold 200 Howell Avenue Southold, New York 11971 Re: Pool variance 1900 Hyatt Road, Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are an Affidavit of mailing and receipts in connection with an area variance application to the Zoning Board of Appeals. Very truly yours, 044, 4(r? Charles R. Cuddy' CRC:cg Enclosures APPEALS BOARD MEMBER ,ilOSVfFO(�►C,, ��l/�eo � Southold Town Hall Gerard P. Goehringer, Chairman ��a : y� : 53095 Main Road James Dinizio, Jr. y i P.O. Box 1179 Lydia A.Tortora : � � i O .�a3 Southold, New York 11971 Lora S. Collins "4,tot p ,,,� ZBA Fax (631) 765-9064 George Horning \J1 At .000 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD .too 6 ai) June 21, 1-999 By Fax Suffolk County Soil &Water Conservation District County Center - 2nd Fl. Room N-210 Riverhead, NY 11901-2100 Re: Our File No. 4837 - H. Cashy and M. Misthos (Hyatt Road, Southold) Gentlemen: We have an application in which an in-ground swimming pool and hot tub structure are proposed within 100 feet (pool at 54') of the Long Island Sound Bluff. The setback proposed is 74 feet from the top of the bluff at its closest point. Copies of the applicant's survey and County Tax map of the area are attached for reference. May we ask for your assistance in an evaluation and recommendations for this project. Thank you for your assistance. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosures TRANSMISSION RESULT REPORT (JUN 21 '00 08:29AM) SO D TOWN HALL 516 765 1823 (AUTO) r- BATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. JUN 21 08:27AM 5167272051 01'58" OK S 03 007 pij 1)-1/ :iv (01,3)1p 911) /rieJl• 4,( )4 E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING ELIZABETH A. NEVILLE ,i�� �, Town Hall, 53095 Main Road TOWN CLERK % ® P.O. Box 1179 REGISTRAR,OF VITALO. Box 1179tt> +� Southold, New York 11971 MARRIAGE OFFICER Fax 1 Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �__7®� ,ss22�, ,ii Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �L.....8.�,' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville =Th DATED: June 7, 2000 RE: Zoning Appeal No. 4837 Transmitted herewith is Zoning Appeals No. 4837—Harry Cashy &Maria Misthos -Zoning Board of Appeals application for variance. Also included is a cover letter from Charles Cuddy, Building Department Notice of Disapproval, Town Trustees Notice of Non-Jurisdiction,New York State Department of Conservation Letter of Non-Jurisdiction, Building permit application, ZBA Transactional Disclosure Form, and a copy of the property survey. F i CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE P.0. BOX 1547 TEL:(631)369-8200 RIVERHEAD,NY 11901 FAX: (631)369-9080 June 2, 2000 Zoning Board of Appeals Town of Riverhead 200 Howell Avenue Riverhead, New York 11901 Re: Pool variance 1900 Hyatt Road,Southold Tax Map #1000-50-01-03 Dear Board Members: Enclosed are the following in connection with an area variance application to the Zoning BoardofAppeals: 1. Notice of Disapproval dated May 2, 2000 from the Building Department 2. Appeal from decision of Building Inspector 3. Questionnaire 4. Transactional Disclosure Form 5. Seven (7) copies of the survey 6. Check in the sum of $400.00 payable to the Town of Southold Please place this matter on the hearing agenda before the Board's next meeting and advise of the date and time of that meeting. Very truly yours, 01*--L Charles R. Cudd CRC:cg Enclosures OFF014- Albert J.Krupski,President �� OCOGS\ Town Hall ,. y 53095 Main Road James King,Vice-President ; o ; P.O.Box 1179 Henry Smith t y • _ s, Southold,New York 11971 Artie Foster u' r Ken Poliwoda ` .4 0. ,'�� Telephone(516) 765-18q2 0( ����il Fax(516) 765-1823 21(gBOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD • DETERMINATION OF NON-JURISDICTION DATE: Dec. 30, 1999 AGENT: APPLICANT: Harry G. Cashy & Maria Misthos ADDRESS: ADDRESS: 1900 Hyatt Rd. Southold, NY 11971; PHONE: PHONE: 365-9070 RE: SCTM# 1000-50-1-3 The Southold Town Board of Trustees reviewed the survey dated and received in our office on Dec. 30, 1999 and determined that your proposal to, Construct an in-ground swimming pool with a stone deck, to be out of the Trustee Wetland Jurisdiction under Chapter 97. However, any activity within 75' of the Wetland line requires a permit from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, atik441 �. /2C",- 3441 91' Albert J. Krupski, Jr. President, Board of Trustees AJKJ • ew York State Department of Environmental Conservation ivision of Environmental Permits do 121, Building 40-SUNY Ala :ony Brook, New York 11790-2356 ilephone (516) 444-0365 icsimile (516) 444-0360 John P. Cahill Commissioner LETTER OF NON-JURISDICTION Maria Misthos and Harry Cashy 80 Cove Drive Plandome Heights, NY 11030 Date: February 11, 2000 RE: 1-4738-02553/00001 Misthos and Cashy Property 1900 Hyatt Road Southold, NY 11971 SCTM# 1000-50-1-3 Dear Ms. Misthos and Mr. Cashy: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the topographic crest of the bluff, shown on the survey prepared by Joseph A. Ingegno on 12/16/97 and last revised on 6/22/98 as the "TOP OF BLUFF", is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore,in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project(i.e. a 15' to 20'wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. truly y i urs hn A. Wieland <<i eputy Permit Administrator CC: BMHP File APPLICANT • TRANSACTIONAL DISCLOSURE FORK .-, ;;:;= ,, rss ` „ • The Town of Southold's 'Code of Ethics prohibits onlllct�e of ' -- `! �+. - - interest 'on the part of._ town officers ,and employee': �•The '- 11 . --- purpose of this form is to provide information"vvI ich can - alert the town bf possible conflicts of interestand 'allow --- . it to take whatever action is necessary to avoid •'same. -i• YOUR NAHE: Cashyw Harry and Mi ethos Maria _ (Last name, first name, m le fnit al, unless - you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance ' Variance X Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) :'t•• ff Do you personally (or through your company, spouse, sibling, {<: parent, or child) have 'a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business •• interest" means a business, including a partnership, in • which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES,"complete the balance of this form and • date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person , Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. • The town officer or employee or his or her spouse, sibling, Y:- - 'r -- ---parent;--or-child is--(-check-all -that -apply)-'----,•"—-- - -- - ------- - -- a �, • yiA) the owner of greater than 5% of the shar.;ee of the .c, , corporate stock of the applicant (whenhe applicant IF. ' is a corporation): li,,t, • ,;�, u) the legal or beneficial owner of any interest in a cli..,:i • 'a noncorporate entity (when the applicant.is not a jig.' corporation): _ • r < C) an officer, director, partner, or employee of the ': ' applicant: or �' t; applicant: D) the actual applicant. tai �'' ' i, :V -----7----__ . DESCRIPTION OF RELATIONSHIP . :i' N/A ;ii';, 1.'�ii,i?; ;; Submitted th Zri da of _ OOO pil .- 1 i ;� Signature ' ,>c;,:15!:: ra' ''`5•i tlIiiiit ;� Printname Q. eetsr . • •':• ; . ••:L:, Signature ?/na,',,,e, „c `t .. . _ Print, Name se - -,44 -TH..Fs ----- . t • QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Harry Cashy Maria Misthoc B. Is the subject premises listed on the real estate market for . sale or being shown to prospective buyers? ( } Yes ( X ) No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? ( } Yes ((X} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas shown on the map submitted with this application? N/A 3 . Is the property bulkheaded between the wetlands area and the upland building area? N/A 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of . proposed construction at or below five feet above mean sea level? N/A (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences - - which -exist -and--are---not--shown on-the--survey--map--that-you- are - submitting? None If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies - of deeds. I. Please list present use or operations conducted at this parcel Residence and propo ed use Same . Pil • Au azed Signature and Date 3/87, 10/90Ik ,... i / gig- / V2.641,441,A)-t 1 1 Pc-. /)-1- P144;91‘' , 7/ 2 aro' Ala ( met,dK�/"1) i /a o Cie ANTHONY B. TOWEL, P.C. ATTORNEYS AT LAW 631-•727.-8, 83 12 First Street, P.O. Box 1330 { Riverhead, New York 11901-0903FAX 63I-727-6336 July 20, 2000 VIA FAC611Qig! 369-9080 Charles R. Cuddy, Esq. Griffing Avenue Riverhead, New York 11901 Re: Cashy _. Southold ZBA 1 Dear Chuck: Here is the list of points we discussed late yesterday at your office: 'I 1. Limit the pool fence to the area south of the woods and within the already cleared area; 1 I 2 . Move the hot tub, with its expected attendant noise, to the east side of the pool; 3. Eliminate the westerl proposed patio; ymost five feet of the 4 . Prevent the surface water runoff from reaching the retaining wall; ,r' 5 . Agree on a noise attenuation planting plan on the II west side of your clients' property with particular attention to the area northwest of the pool and west of the Cashy house, toward reducing the passage of ground level noise and diminishing' the present pedestrian traffic; =i 6. Reach an understanding on refraining from early morning use of the pool to allow neighbors peace • and quiet during this normally peaceful and quiet - time; 7. Install a seasonal canvas cabana which would be '1 designed to trap" the noise. My lay sense is Li that the design would have to include a canopy o project the noise back toward the pool., itsto canvas appearance, the structure would resemble what one sees- behind an orchestra on a stage, where the design seeks to project the noise in a direction. This "cabana" would be located at the £O'd VL9=0t 00-g Charles R. Cuddy, Esq. July 20, 2000 Page 2 northwest side of the patio. I am concerned, in my ignorance, that the sound not bounce from the cabana against the aluminum siding on the_.north and west walls of the Cashy house thereby increasing the noise. I think a person with expertise would have to be consulted. As i advised you, my clients wish your clients happiness in their home. My clients use their home as a etreat The from busy professional lives in New York City. cliomtr' home th southeasternmost portion of the second floor of my is a study' used to write books and scholarly articles. The room' s windows overlook the area of the proposed fenceato and and pool. You can see that all of my points, exceptinged drainage concerns, relate tolabfear that the heblexisting inability to contain or trap noise e. 1 ask ithhat theyou hopeconvey we can your promptlyclients reachthe agood reasonable of my clients, w and beneficial agreement. This letter is written as an offer in compromise, without prejudice and with the understanding it will rrnothbeg an referenced in any ZBA proceeding excepting upon agreement'. F very truly yours, Anthony B. Tohill ABT/Lm • cc: Diane Ravitch and Mary Butz toc -- Z' vL9=OI OO-OZ-L"C ,•,-.i,r.-...`r t+RV1Y1I Y VVIYLVIY rH17C U /LI J. 1' Harry Cashy&Maria Milsthos SITE DRAINAGE CALCUATIONS Required Area Surface Runoff Runoff Drainage Pool Remarks Symbol Surface Area Coefficient Rata Area 5..Ft. Cubic Feet 1 beach/bluff 18255 NA NA 0 Runoff to beach 2 natural densely 5150 0.1 0.167 86 wooded area 3 pool/brick patio 1960 0.8 0.167 245 4 raised wood deck 843 0.3 0.167 42 w/sandfgravel below 5 house/porch 2575 1.0 0.167 430 roofs 8 South Yard 6646 0.3 0.157 333 Grass/Planters 7 North Yard 3285 0.3 0.167 165 Grass/Planters 8 Driveway 3034 0.6 0.167 304 9 Southeast Yard 3266 NA NA 0 Self contained area Grass/Planters with natural depressions Total lot area 45014 Square Feat Required Total Drainage Pool Area 1605 Cubic Feet Proposed Total Drainage Pool Area 1666 Cubic Feet 1666 > 1805 CF OK Required Driveway drainage pool area(Area 8) 304 Cubic,Feet Proposed Driveway drainage pool• (2)-4'Deer p x6' Dia 338 Cubic Feet 338 > 304 CF OK Existing Drainage Pools South Yard-(3)4' Deep x 8'Dia 507 Cubic Feet Proposed Drainage Pools South Yard-(3) 4' Deep x 10'Dia 521 Cubic Feet Total Proposed 1328 Cubic Feet Total Required 1303 Cubic Feet 1328 > 1301 CF OK rr gEMIErs OCT 16 2000 77:2----_----s ";--7,,-7---_----,--7-_-.---_----.-,::,--:.--s:---- '-- -- - - - I , 1 '-:-':-:--,' :ri---',`-..---*:,','-t-', `-`,. :,•=:::11 ',==,.;::;_'1',:"•-: •!',--'7!--- ' :: ' - - I ..._ ---- - , 1 - . . . • , , i . t:› f -S -I i c ; i - • "6'4 .. , e I ' !\ L r i • I! I ( 1 • 10 I f41 , f-i 14 i II 1 . ii',;r \ ' 14,1 co__- 0 4 T _ (------------,7T \:k ,./1 ; I ,===,_ R. ---r- -c. • t oi 1 r 0 p / I , . .__ q r vrar_-:, -0--) acii!r_ , ! I .5E..exar- __ ,.., re,TCSP-oor s I a I 1 1 --- / ---* 1—— . , , -----4.. I 1 .0— -0--- 'I i 1 il ;:i 1 ki ________±f- - -. • i , -EDI .4_- , 1 b i I/7-% =_ k°. ) 1 1 i ' n ! it• ( 6 / / / 1 i ---1 I i i• / It __ I G If" • , ail' AMR -- ,10_,C.,-__-_-M2,-0_1:"Mi_tfil4:" .0-._._— - { - 4-1 C2EU?__$.4 1e) i_DJ - ' i 1\ OCT I 62000 L11/1 I i . r , - 1 - --- 1-.015. . -__ _ZCV-0_ _i:7 - . .A94 y p,..t,G _.m) 57740- s___Flo_ ,05E;- .- - __ 1__CONI_P_O_/4____ 1 __ _ _ _ ____ - - - - -- / WT\Ts(A--rit\r-6-_–_ __VAIN-4Q15.__, i _ -- ou-r-i-tpt.--19._i -- - ----icirtA -61-1/4-0e,14- ' ,• \it --- -M-Rtc-TCt___ __NAliae-Z- --1 \\ — .5, -. - / ___za_5_1_-- -_ _--0-_-_____---___-_- - . __/ _ _ 1_ 1 _ _ _., . ' ! I . Town Of Southold P.OBox 1179 • !Southold, NY 11971 * * * RECEIPT * * * Date: 06/06/00 Receipt#: 3537 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 3537 Total Paid: $400.00 Name: Cashy, Harry& M Misthos 80 Cove Drive Plandome Heights, NY 00000 Clerk ID: LYNDAB Internal ID:12171 f! ‘\A Y13)A')) To: Jim;Lydia, Lora and George From• ZBA Office Date: May 2, 2001 Subject: Transcripts of Hearings for Cashy-Misthos Project As requested, please find attached copies of Hearing Transcripts for the following meetings: April 19, 2001 March 15, 2001 October 19, 2000 August 16, 2000 July 6, 2000. Thank you. _ 0 , ,•(Th' S 'NJ V 64. V A '''••1 4•••• Q- 41. 40,v. / / '00• . 0P0°,v4/c.410 L / .4441- / I (0 U/ •P N5,':j 44 43 ,/ I / / / '' V s 4:".'C' ;', /. 41044 4Z' ,.0 / I c 9 n),i/ S 61. / / 4° (i: Sif•,,, , -4-'-' .0. ,4...'••/ 4v.4,41- /I I/ I/ , I / 'I (\i C/\' V(0 I / '/ , / / '\•rs?C\., ••Z`Q c'c',' ,•,/ / /// ,' / / ' CURB_tc7) , A < o':'''. CP4 1°°1 VC IC(Vb -'. <!1 Da 1. :.:1):•.• / / 41// \ / 0 / 45- / / // / / / / / ' / / / / / / / / /: t(p •//41 7 //(4- '`.. //1 / ' / / / / / / / / r / 70.' • s'Ye .N/ 4 ci044,vi so:0 iff Z.0,-i.,,,,0, ••t. , 1 , / / 1 / / / // / ,/ / / , / 1 ,/ / 41,01 1 <„;'1 / / .S" 1 0, 1 / 1 / / ,'/' 2 12 / / / •,.. 't I I, , 1 ..„... / / 71 / \ / / / / , Z'' / , .Z,?/ / // / / j Po, - 6•247 117 ite .10 .iff: •A' PO.,04 -6Z i •'- I / .a-- 7 / ' / / / -rr 1 / ' i,..,4" / di) ...."---- -;i'*';'*'''''''''' "---•,--- ,C'k -17- — - -._ ;4. / / 41 6'4/. vi SO' °O'• IV '-/ If e I 1 1 / RsrEPs/ / // / / ,/ '''?) • I I i \ /ok I 1 , i j'' 1111 ,' ,/ 1 ,, / a / , / '`/, ' kik/ \ / /,?/ / , / / / / / / / / / i / / , ir , 1, / ft / ' / /' / / // / / / / / / / / / , $...4 \ _ ,1,, i't?1,_*q.'041,-- pe••• •• „ _,, '-' — — — --12;11'i""),, _ i 8- , / / / / , / / `bi . \-, / / , / , / ".141,7,49•4•-b f r <„ , ,, , rrAro,. r, , ",''--- — — ----- — • ,....,6-,A...-- -48; 1 24`S cb // / / i ,7 / 7--\ • 1') , ,5a c., 2 N ,,,...D,(0 / / / // / ' I / ••--* _- — _ _ _ _ .2. • '/0 0 °"'"' LS: BLOC14S KIC:4: ct') 4 41. ,,,, (\, ' / ,,c-, I 0S, — — \ e7,-1° .5a,,T 190 • .7 / <4., it-,, 8 4 il, a-- ; ( ,..- Nt, • -po -Ex.-..7 — — -___ '-'i ‘/- 4 4/46--- t, --', , — -- ''-kl'-ji`4- k i% _ fifyi A Az-,. As? .z- •Ni -CC• •9400, -__ 9.8. / ________—...• , / 0 (N., 4 8 . 0' 8,f, 4 A' CO 435 , '' <k- 4 •-c9. I oc / r-\..e • 0-.z.- , to to, a c (0.-W00, oz 1 L-Ps m 4,(_, • --- 4 G.DX A -...., •k09 -,-, ,r '''// '[4 ,”v___.--e, -Lk. - 4,44k,0•,,,,„, ke-t °,1 • zi, i 1 i 1 ; i ...4",..- -Te, 0,....- •r•-01f, _....4, ,39, efs, i94$ roo) - - --Ths' ick• 4,40(4 4 -S9I Pe :gi/6911 \ V • 0, •o •11.,-,... - g s 4 3.2 v pip,v0, .„.,_.....z...47 , s1.440 4,1cEsspAL ,,,„... z,., - -...zzlz.t, ,i,- .t ..,. ofrE. L. ,,,•/ ,0,,,I.,,,, 44',V * i j o A4 4 - a A / e(34 1C),' • .... ! A ° i.• ..'4 , .0 c., -.§-4 0 ? 0 a . . .•• / / •L ''2'' ;! 3-.••••• 1 .,,---- 'cIvce. •--- , 0. ,. 4, 4 • iP. (.' I '49 4, A- .1' °kit), --' , ',9• < V .' 0 ,i . . ‘i ^ cy ,_0 . 0/ ; 4, 4t. x • „, •• (,) ':I r32 7 S'. 0 ' • in k.4• 111/4, :‘,) •a . AZ-4, cf• 4.1,00.1!.6,0 .A, 464.9 , . _ — . ...........„.. _ 44, .e" 4-0.4 ,c-/, . • c, . , MAP OF PROPERTY .4f• Kly,4, • .• Lei "-- (4'4 1 6 .'•4 ' '. I/ 445 :2 0 ''` . .• . SITUATED AT OII Cd taJ 4 'It) fr) HORTON POINT 0; • '. / . '-' TOWN OF SOUTHOLD .l / SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1 000-50-01 -0 3 1 0 0 0—5 0—01 —21 . SCALE 1 "=30' OCTOBER 199 2000 0 .0 0 .- JANUARY 3, 2001 REVISED PROPOSED POOL b _ FEBRUARY 23, 2001 REVISED PROPOSED POOL z ce• -4',,,.117,---. '49 0 *47 .6) l'4, 4 eil, ii,,t6,74,,v NOTES: 11444, 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:_f_± EXISTING CONTOUR LINES ARE SHOWN THUS: 40 4, O ,o 6 -.E) t1/ 2 dt ' 4 CI'. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIA.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIAT 6 tr, ,..__••• 0 /I $1t"--'•,, •E.s c vIN 4),.. .e• 0 .es • 4- N.Y.S. Lic. No. 49668 UNATHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF 4)0_ SECTION 7209 OF THE NEW YORK STATE '70 EDUCATION LAW. 4- I,. Joseph A. Inaeano COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED LendSurveyor TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND Title Surveys — Subdivisions — Site Plans — Construction Layout TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. 1 • PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF 1380 ROANOKE AVENUE P.O. Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 ANY, NOT SHOWN ARE NOT GUARANTEED. SOUND VIEW AVENUE ..... . 97-356H . . , • / 1 I • . _ . . . . / 1 0 , •-'0'f-, _co k Jo,.. •P d SURVEY OF PROPERTY .. ..,N / At ch . . SITUATED AT / ..ir 'A" // .'' -7. 0 4- •?' At- „1 HORTON POINT . 4,,... 4N, v , „,s, d= 4.1, \ /I\ 4., eie 1 TOWN OF SOUTHOLD Az . $ -t9(0 ^e:6-4:1 FLAG POLE c_r —WO1Y—O2R1K , \)6, ••z• 4, / t\' / q s.c.SUFFOLKTAX N 0.COUNTY,100—N50E .., As3 4. / 43 t A. . —.) / 0 ;vt \\//*'P SCALE 1 "=30' y cY i .43 // F4,-, 4 9,...4- AUGUST 31 , 1999 , / * • s COA, Pn,. ',..„_,.. 1 . -L,A, -Ike ...?...4.1ce. 441.,,4i4;4,1:fitiVi.,7,--'-'000..:45,44.:57, Ate 6" OCTOBER 15, 2000 ADDED EXISTING GRADES ALONG EAST SIDE OF HOUSE . t a, • x -.....,,, i. '-k- t • ----"'" x -c, 6=4,5+4,..i._ // ti -• _Al. ........_ / /3,44,, --- ::-' ... 43? i ,,Ive000///4•444.! ,.. 4- ?. , .. 7 Ati ,c, Lz. •0 f. ..r.„ _, 0 x.. A9 Ni 4/ /i) S7.• iz, 4„.A., 4.0 a, ,-,,t,,e4,1. ... --....,...., , I° co ak,.... 40°Is Zap,: 44ft. OA), 0- '''W * "v "--....oft,.Ps). . .2,0 '--... in• ... --v.() ,.....,,3, I AREA = 33,119.00 sq. ft. ',-, c 1"74 --...,_,. l./0 kir . ''Sies . '44%, ••.....,t,. ..... , x4,44.1, • (TO TIE LINE) 0.760 cc. Li' / iah, -v,„ ..2- , 0)0 / ........... ri ., . .... ,, er c!) 7:4A,Sq7 2 • __ 01 el 4 9 / vo,„.4616.._ ..r.,%•••... atialsweirai."14?/: . 4°. • rs.r (v<5' ff;:: • *6.- 7 a • - .. 0.s. I.(13-1') ,,„`/•ic4,0___.."-- ,i,, -"k..z, — • 19444 .__.// iiiit •77b5s, et, /, le • co -Kir ir.:----rr 1V00 oof \I-1G P 4. d'Sk , e., ..,,b0,,,,„--,. _14'7 . / •Ilitilikelt0.11 •'''....'-... 'f IP:- /',113‘1°sit's'c'sv et —awrj 44,0s7z-ps ,, --- eG x4c„," fit ----- ..-......,. ' •*4 71 ii01') .60•110001110 ........3. ."10011•• IQ' . / ...... . CERTIFIED TO: ........e, .. . ,., ...,1_ ...,.0 ,,, I FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK 4.., • .000 _ _ _ , . ,...._ (Ni •-... . * (0 4vA., ••••... • AQUEBOGUE ABSTRACT CORP. e ''''......, POS‘p, I ICZ, a; 4..,43. .----. , .... "- .VV. .._ ... .-.., MARY BUTZ .,,,,,,-.....-.,..,,•::::: :..::..!......--.--.2 lik,,,). ••..,_ DIANE RAVITCH -':::;•,-..= ..cc.; -....1...,... ... a. 0. .0 .414111411\.\\.•••........... - :;.:,...,:..,.'••.7.4t..•.:..:•,-..: .....-- --. 7. J.E.—....).-••....._ • 4, ... • , . I JP/RE. '- '( -.., • "tvot 4'14. \'t,CYk) •.-,_ ; r424k,sCe ''''.:.!.7 :t1STONE 8:A:tiKiN6:,..••• •;I:'. Ce • , e. rN• \ . .?, .$). • &,4'? / • C. • ' ''7'.-'•:'.1'.'"--:.:-..... ,1.---.);`4Dy -e, ,i•4,Y,S;CO .;1,' . .pfr,.,„ / NOTES: .---..,.-=.:., ' 444,;,°4-• „47 ---'-ric4, . '• .:...-', .1..7 .. A)0,77. 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM Iti..). • / . e- . ,, • ce• cPp•47-,- I . ? • ,,.• •- ' ... EXISTING ELEVATIONS ARE SHOWN THUS:522 . ...4 . ,I, .. .....,,...._,4, • . ,i,.... • c. t.,e, .40.,. 3,.; Air • '?..,--6., .. . , I .6)46744p ''....„..,. t kilt" • 1 , lv K. c.4.2; .: .. .. ,,..., .. .i.so, .PA,i,),.....:•.. --....,, / S 00. • - . . • . .. . ... . .'4 :•;ISP/K•7. • ..\..,,,.. . ••v 4.5•/ • • ''' ' ' • ..:Nly..• , \ • .., • - • "-----, m .. . . _ . . . . o , :•'.. .n ':- ..• • k . t., 0. -: ... . .... o . .• -c ., ,.. .. ...._ 4, .k .---, / — - _. ... --(4 4. AC' C . , . . .„ . 41>O• •e$.•,, 11. ' •,r TO THIS suRvn, IS A VIOLATION Cr , \ SECTION 720g OF TuE N76 YORK STATE. EDUCATION LAW. ' _. .,._ - __ N' URVEY\'\N \ —. COPIES OF THIS SMAP NOT 8FARN‘',.,, THE LAND SURVEYOR'S INKED SEAL CR N4 EMBOSSED SEAL SHALL NOT 87 CONF;IDERE'D , . _ TO BE A VALID TRUE COPY. ., . . . 4t, . cERrincArico4s INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOP WHD THE SUPVEY . IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND . _._ LENDING INSTITUTION LIFTED HEREON. AND TO THE ASTCNEES OF THE LENDINO DNS-n- _ . ' _ .__ .. ._ . ... TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. UNATHOR:ZED ALTERATION OR ADD"'ON ... _ . I . . . THE DISTANCE or RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. . t . I , PREPARED IN ACCORDANCE WITH THE MINNIUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIALS. AND APPROVED AND ADOPTED a.rt 0 _ Joseph A• [rigs FOR SUCH 'SE BY THE NEW YORK STATE LAND , ____ TIT-LE ASS'ATION. Lcsid Surveyor , ... SOUND VIEW AVENUE ,cio LA 4..,. ...I Title Surveys — Subdivisions — Site Pions — Construction Layout PHONE (516)727-2090 Fox (516)722-5093 OFFICES LOCATED AT MAILING ADDPESS „‘"--z--:' ..ipt,I. 4„.%.1. iltz.... N.Y.S. Lic. No. 49668 One Union Square P.O. Box 1931 -mom IP' Aquebogue, New York 11931 Riverhead, New York 11201__________ 99—546A ., ' - , ..... .‹) // 'NJ b s , .4. (...9 c§/ 30.,, ,,,o.. a -.../ ..,...k- ar i <tc49 Abu, C0A,_,r0 'C. SURVEY OF PROPERTY „,... .9 ei 4, c.9 •2 0 4,04,. ‘'s,, Poo, •.„0..... 00 ..0 SITUATED AT 404, TOWN HO R TOOF ,c•,,, . ., •23-1:-.o? e t. I 0 ....\c) Li •,,, ay c., 4,- . o c / 4:.•:(.33 , ,.. oo \ : 11; .e,4, 9\98S FINALOPUOT HI:OR:LE: 707 /,..,c, isi.i,.. SUFFOLK 2C2C:1UNTY, NEW YORK A.•)--) „;:y / •p e 42:44 41 S.C. TAX No. 1000-50-01 -03 4.44, 0, -. .1- / 4 ,_44'' 0 \ e- -(Le ” \ e) / -14,4 li' %%%N414& P4 1)6'74 I 1 1 1.4 9 .4.2" / , # cP004,0?„,4 f. 4 ite....„.;,4„0 47, l'i?a/47,411' 0, 4' DECSECMALBEER11=63, 0;997 , 4., 1. k 2).e° QY t JANUARY 30, 1998 FOUNDATION LOCATION .., \ 4.› iekt:, cx4)." tcpo, -4? -0.4, J 1/7 Iv 4, vi• 4/9 f `N. \ ISIZ.P 1/6 S \ \ .2 0 .,.. II 4•4.1!/41 /1/' Att fl......4t'••• *.%4 ' I/ '........--... .1 7 fr ktir; S.) ‘.. 41,/ .07z,4, :.• N FEBRUARY 15, 2000 ADDED PROPOSED POOL _ JULY 28, 2000 UPDATE SURVEY 0 .4 , .1.,..r., ....„ .., ' / 43,, . . ; / ; 1 AREA = 45,014.15 sq. ft. E @FE OWE -11 le? / _ ,i4„... , / '? w, Q(.4•47ek- A 1.033 ac. AUG s 02401 -N•e 1 -4:. Li, ii,,„ 0 -,,„1 Efacium • I . . 0 .... .? L....... / ... ,. .. / .. . ,..:el& '...A‹ le / • / ".14'° V St 47417417)• "-4,",,,, ki 4> a, . -.. 04, 04, '610,744 P°4- 'it•T `41/0 1 CERTIFIED TO: '94341.-4cat, --A H 3, .T... / A , .3- .'"' 4— ——, ---14( ,Ar cot # A • rib ,, fo -----A /4 ,--t- c, W-• st •,. iv. <zia.:3 57 ..,:i COMMONWEALTH LAND TITLE INSURANCE COMPANY . 7,9 . ... ...„ / BRIDGEHAMPTON NATIONAL BANK p •e,tte ,,,...z. 8 " 0 49 Z0c, V. • • I . .. , - . . .• ,ft- ••?'.ssak 04, 4 a C0410 o' C;) 4 ij-• Ils /1 I \Ne / :4 OQ 4. ----- •.29. . (.0 MARIA MISTHOS / ,, ,r.e, 4tio os/ZPs i .-: i ii . ,s„els) • q-•z• frivrtft•i,. . i . ..; • -Iiir 4, 4104,. A'e:' WOW 0 • ..-_. 4 lit,40 -0,. AP" . o 444,,v4,.___.. ......4/ .A.V c cj•rD .0 . 4. 4 ki.4. A0,,, ,• 4 , ,.. • • i C ,,.1° ..• • OsC4`t. 4W 60,4 V ,.,0(3 .BLOcK CURB ...C71.404,4•4, -•"..''<- - :: i *404. '''''')r,,, / /Vif .. • 7 .. ,VcS) /6 ^ • ' * "ALA q / o) .00 21. "Ci-k. 4 • eo ••fr4-,?.."41, Al .1 ti7,,,. I iiti9 7 3 i I '0,t, I 36,t,,,, A‘10ESSPOOL ' 4-11,p,„ NOTES: 0„- - C0/0 , i 4 --a . A '''.4)- .. I;I• • . 41 4 `1 4 . Last I Cif --1.... -.1 I 1. S.C.D.H.S. REFERENCE No. R10-97-0136 , .., . ---,,, os10 ., V ' • .. g 2. WELL LOCATED BY ACTUAL FIELD MEASUREMENT. A V 01, --/ 4, ...., . / § 3. SEPTIC SYSTEM LOCATION LOCATION AS PROVIDED BY S.C.D.H.S. c'-ce iv7C40- •••., .00004•1- L7' 1../ 0 1 I ,,Q3-., 4',y., A.. P ."'•-. .•• ••04,00,v • . II 0 stweP/P 5.04 ri) i . . 4- • A.., .-g cr 4 , • ... Z,. C.) • i d..4 4/ /C OIVA4 ' : • :" 4. $ R.,i„ (§''' . .:.• . 0. ' ! "0 ¢- 4.. 0..co kliVN -, co * . .)-•-•• r-, , o 4 0 •.. I .. . 4 .1 .* 1,,c6•,-Y'44, ,., Pe'Vc- •P---o...i-,.....„ /49 . 9. / R ...• 01 e•i• 1.?.., .--.... co - ,,, • , S. --.... v . .".- . 1 ;•) . • ' ' 'et4, `Cl• "' ' .1 . •--.04` a --- '• 464 ce• 0.? .0_,. ,,, ke. •14,. -..• '• , a'&.;,-.4)./.• . . .4•10,40 -9Ltik,• . .•' I °.• Li •,.•'?ts 1 • ,,,,••i ;(-)gl .• : 1 la "I ci '8 • ,• . / ..0 • • - 0 z ,3 0 0,; ce• 4'1,-4'...--. .4, . :- c. •ei',6, 4"...-- nf 4.??1,. -"••1 0NR4. E Nk. ,c'' c., 1 / , , . , ' z) , , ') .1 • TO THIS SURVEY IS A VIOLATION OF •tf),N, SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. 0 COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR ,4 EMBOSSED SEAL SHALL NOT BE CONSIDERED 0 \-) 4-• . TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. 4<\t, UNATHORIZED ALTERATION OR ADDMON Po_ -To 4, THE EXISTANCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF \ ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LI.• i LS. AND APPROVED AND ADOPTED Joseph A. ngecino r' FOR SUCH A SE BY THE NEW YORK STATE LAND . TITLE ASS ii•TION. Land Surveyor .) ..',,,-. .-J. z„- SOUND VIEW AVENUE ,<,, z,,,-:-.,..; ,,,,, •-•,,,,,r,,,,,„, „ c ,•.,..,,,,,....., , gc,,, ,::,, eo v., f- ''' - - ",0 , Title Surveys — Subdivisions — Site Plans — Construction Layout a 1,3.'''-sliik , 0 0- , PHONE (631)727-2090 Fax (631)727-1727 '3 \O 19 I II I F 4. OFFICES LOCATED AT MAILING ADDRESS . ‘4. ,,`,.-- • 49. . '^ . .,,*•, '---...... e.g., , . N.',..;:`',,--...- 41'''' N.Y.S. Lic. No. 49668 1380 Roanoke Avenue P.O. Box 1931 Riverhead, New York 11901 Riverhead, New York 11901-0965 , , ... 1