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HomeMy WebLinkAbout4537F APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS DETERMINATION MEETING OF MARCH 3, 1998 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4537 - BUILDING DEPARTMENT by Edward Forrester, Director of Code Enforcement, Town of Southold Location of Property: Town -Wide, Town of Southold Date of Public Hearing: February 26, 1998 Section of Code Interpreted: Section 100-13 ( Definitions) . WHEREAS, Application No. 4537 is a request for an Interpretation of the Zoning Code, Article I, Section 100-13 ( Definitions) of a "building," to determine whether or not a 40 -ft. high sculpture is a building within the language of said provision; and if it is a building, whether or not it is subject to the height limitations of Section 100-33 of the Zoning Code; and WHEREAS, after due notice a public hearing was held by the Board of Appeals on February 26, 1998 in the Assembly. Room, Town Hall, 53095 Main Road, Southold, New York to consider this application; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, all testimony has been carefully considered and the following pertinent facts noted: 1. The definition of a "building" in Section 100-13 of the Zoning Code reads as follows: "BUILDING Any structure having a roof supported by such things as columns, posts, piers, walls or air intended for the shelter, business, housing or enclosing of persons, animals, property or other materials; also any combination of materials forming any ponstruction, except where entirely underground so as to permit the use of the ground above the same as if no building was present. The term "building" shall include the term "structure" as well as the following: (1) signs (2) fences (3) walls (4) radio, television, receive -only satellite dish antennas, amateur radio antennas and wireless communication facility receiving and transmitting antennas, except for radio, television, receive -only satellite dish antennas, amateur radio Page 2 - March 3, 1 3 - Re: ZBA Appl. No. 4537 Request for Interpretation antennas installed on the roof of a building and extending not more than 20 feet above the highest level of the roof of such building. (5) porches, outdoor bins and other similar structures.... 2. Section 100-33 of the Zoning Code limits the height of accessory buildings and structures at a mean height of 18 feet, and which section specifically reads as follows: Article III, Section 100-33 at pages 10052-10053 reads: 100-33... accessory buildings, and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height 3. Also, Section 100-230 of the Zoning Code provides Certain exemptions from the height limitations. 4. The Board of Appeals is not in a position at this time (and is unable) to respond to the request for an interpretation as to whether or not such as building is subject to. the height limitations because such a determination must be made on the basis of specific facts pertaining to a specific building, and no such facts were submitted to the Board in this interpretive proceeding. On motion offered by Chairman. Goehringer, seconded by Member Dinzio, IT IS RESOLVED by the Board of Appeals that the application of Southold Town Building Department, requesting an Interpretation, is hereby ANSWERED as follows: A 40 ft, high sculpture is a building as defined in the Zoning ~-'- ---'-- --i- 1^V ,O VOTE OF THE BOARD: MEMBERS GOEHRINGER, DINIZIO and COLLINS. (Absent were: Members To and This resolution was duly ADOPTED (3-0) . c/ GERARD P. GOEHRING R, CH N Approved for Filing EDWARD FORRESTER Director of Code Enforcement RF(,"T!nfrm turn Clerk Suu hold MEMORANDUM `...7 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 TO: Jerry Goehringer, Chairman, Zoning Board of Appeals FROM: Ed Forrester, Director of Code Enforcemen DATE: January 6, 1998 RE: Request for Interpretation The Building Department has recently received a building permit application for a sculpture platform. The applicant advises us that he plans to erect a forty foot tall sculpture of steel wire on the platform. I need an interpretation whether a forty foot sculpture is a building as defined in Southold Town Code §100-13. The definition says: BUILDING -- Any structure having a roof supported by such things as. columns, posts, piers, walls or air and intended for the shelter, business, housing or enclosing of persons, animals, property or other materials; also any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above the same as if no "building" was present. The term "building" shall include the term "structure" as well as the following: (1) Signs. (2) Fences. (3) Walls. (4) Radio and television receiving and transmitting towers and antennas, except for such antennas installed on the roof of a building and extending not more than twenty (20) feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures. L 11 1 1 1 k I W Jerry Goehringer, Chairman, Zoning Board of Appeals January 6, 1998 Page 2 Clearly the sculpture does not have a roof and is not intended for shelter, business, housing or enclosing persons. However, the definition appears to include any combination of materials forming any construction. "Construct" is defined as "to build, form, or devise by fitting parts or elements together systematically." To date, the Building Department has not required building permits for small sculptures, like flamingos or lawn jockeys. However, the height and complexity of this sculpture is much greater than those. Are sculptures "buildings" under our code? Should only those sculptures of a certain height or construction complexity be considered "buildings" under our code? If the sculpture is not considered a building, the permit for the platform alone will be straightforward. However, if the sculpture is considered a building, I also need an interpretation as to the applicability of the height requirements of this code. Southold Town Code §100-33, Accessory buildings, provides: In the Agricultural -Conservation District and Low -Density Residential R- 80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. Since the proposed sculpture is forty feet high, it will have problems unless the exceptions in §100-230 are applicable. That section provides: D. Height exceptions. The height limitations of this chapter shall not apply to: (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty (220) volts. G Jerry Goehringer, Chairman, Zoning Board of Appeals January 6, 1998 Page 3 (2) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof area that exceed in height the limits in the particular district shall not in the aggregate occupy more than twenty percent (20%) of the horizontal area of the roof and are set back one (1) foot from the edge of the roof for each additional foot in height greater than the specified height. This section exempts monuments from the height requirements. Does the term " monuments include sculptures? Are any of the other, exemption like towers, _. applicable? If so, the sculpture would not require a height variance. 15 would appreciate your prompt attention to this matter. Please let me know if you need additional information. Q r42 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 26, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York. 11971, on THURSDAY, FEBRUARY 26, 1998 at the time noted below (or as soon thereafter as possible) 6:35 p.m. Appl No. 4545 - RONALD J. YEDLOUTSCHNIG . Request for Variance regarding "as built" (existing) location: of open deck addition for whish an application for a building permit was disapproved by the building on January 29, 1998 and. which. Disapproval reads as follows: "...under Article XXIV, Section 100-244B for non -conforming lots, the 'as built' deck addition will have a rear yard setback. at 2716" +- . Lot areas of 20,000 to 39,000 sq ft. require a rear 'yard setback of 50 feet. The existing dwelling has a present non -conforming setback of 42 ft. + Action required by the Board of Appeals .... " Location of Property: 250 Jernick Lane, Southold. . County Parcel ID 1000-70-3-17. Lot size: 20,586 sf. . 6:40 p. m. Appl . No. 4546 - HERBERT SCANNELL and SARAH BEETZ . Bequest for 'variance based upon the February 2, 1998 Building Page - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals inspector's Notice of Disapproval (and,. Stop Woark. Order) regarding pending Building Permit No. 244712 and reconstruction and replacement of angle -family dwelling with nonconforming setbacks, Article XXIV, Section 100-242 (ref, setbacks under Section 100-2448) of the Zoning Code. Location of Property: 955 Cave Circle, Greenport; CTM #1000-49-1-10 and 17 :(as one lot) . Lot size: .69 of an acre. 0:45 P. m. Appl . No. 4538 - MICHAEL RAND. Request for Variances based upon the December 29, 1907 Notice of Disapproval regarding a building permit application to construct a three -car accessory garage, which reads as follows: "...Under Article IIIA, Section 100-30A.4 accessory buildings are to be located in the required rear yard. Since SCTM #1000-14-2-10 and #1000-14-2-11 also known as Putty Bight Subdivision Lets 12 and 13 have been merged as per owner's request, the proposed three -car accessory garage with storage above is located in the side yard of the principal dwelling. Location of Property: 1275 Bight Road, Orient; County Parcel ID 1.000-14-2-10 and 11. Lot size: 85,115 sf. 6: 55 p. m. Appl No. 4541 - RUTH LEONARD. Request for a Waiver under Article 11, Section 100-26 based upon the Building Inspector's January 7, 1998 Notice of .Disapproval which reads as follows: " ... Both parcels being located in an R40 Zone: Tax Map #1000-78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article II 100-25C... See attached Page T Legal Notice Meeting of February 26, 1998 Southold Town. Board of Appeals determination by Town Attorney...." 755 and 795 Cedar Drive, Southold, NY. 7: 00 p.m. Appl . No. 4540 - MELISSA SPIRORequest for a Waiver under Article II, Section 100-26 based upon the building Inspector's January 6, 1998 Notice of Disapproval which reads as follows: " ... Both parcels being located in an R40 Zone, Tax Map Numbers 1000-110-06-05 and 1000-110-06-11.2 are merged. These parcels do not meet with the exceptions as specified under Article II, 100-25C... Note: See attached determination. by Town Attorney which states that lots are not excepted .... it Location of Property: 340 Glenwood Road and 295 East Road, Cutchogue. CTM Lot 11.2 of 40, 000 sf . has a 1979 approval under Board of Appeals #2554 (Moebious Asssociates Miner Subdivision) . 7:05 p.m. Appl. No. 4543 - ALICE KONTOKCSTA. Request for a Variance based upon the Building Inspector's December 24, 1997 Notice of Disapproval which states that " ... application dated November 17, 1997 for a permit to replace an existing dwelling is disapproved on the following grounds: the existing nonconforming building containing a nonconforming use if damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantialy to conform to the height and yard requirements of the bulgy. schedule, Article XXIV, Section 100-242B-1. (Ref. all setbacks under 100--244 and 100-239.4A) . Page - Legal Notice Meeting of February 26, 1998 Southold 'T'own Board of Appeals Location of Property: 54155 C . R . 48, Greenport, NY; Parcel ID #1000-52-1-2. 7:15 p.m. Appl. No. 4537 - REQUEST BY SOUTHOLD TOWN BUILDING DEPARTMENT dated January 6, 1998 for "Generic Town -Wide Interpretation" with the following questions: "Is a sculpture a "building" under , the Code Definitions at Section 100-13, since a sculpture does not have a roof and will not be intended for shelter, business, housing or enclosing persons. Also is a sculpture excepted under Section 100-230 under "Exemptions," or do the height limitations of Section 100-33 apply...?" 7:40 p . m . Appl . No. 4466 - HAY ,HARBOR CLUB, Fishers Island, continued hearing at request of applicant's attorney. 8:10 p.m. Appl No. 4535 - WILLIAM and PATRICIA MOORE, as contract vendees . Request for Special Exception under Article IX, Section 100-71B(2) for principal offices (professional and business) at 51020 Main Road, Southold, NY; 1004-70-2-8. Zone District: Residential -Office. 8:1 5 p.m. Appl . No. 4536 - INDEPENDENT GROUP HOME LIVING PROGRAM, INC. (Verbatim portion was concluded on 1/22/98. Proposed Resolution to close the written portion of this record. 51550 Main Road, Southold, NY; 1000-61-3-1. Page Legal Notice Meeting of February 26, 1998 Southold Town Board of .Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the hearing ends. The hearing will not start earlier than designated. The file is available for review during Town Hall business hours (8-4 p.m.) . If you have questions, please do not hesitate to call 765-1809. Dated: February 10, 1998 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS F GERARD P. +GOEHRiN+iGER, Chairman x /Z,rC 212 d -// //V,% "="''� 4 l ... ,.' .. ;y �ti a �• T '� � � • • '�- I .. ;' !"icy �i 4' •T 1. .� i r 2 i� ^r . •T 1. .� i r 2 i� -» �� � � '.. - - ' �� r?de.c •:c ~'wi �.•- � �fn'�j1+P�lY.`i�� S� � �*�`"�i�C b VI 4t» fir- ti may- •. z.+ `� i?��\` r`�:- s *! aL - - _ • - • �, • = -=r�, .r . f, . ,. • "a i» Zy ,� 111-ip L1 t t i i IA f I a-1 1 J- A i i T i + f, -t f' i I [ I I --f-A I. A �1'4- +,-+:+ 4 Ti T- I.+'-'+•4 i t I II f I. i I 'f f I i i+ T I PEJ-1C, I E -(Lf a I Df li--'iL- 110DE TI Hr- IL I S R)THL DEF"f (f -)DF HO 117F 1 1 1 --Ip, 0 f, I i 4 1. 1 i i C I -I i; +. i i I i I A .+ -i 11, p:.{ i. I, i- f: I- I +..+' ffl i .+ f 1 4 {:,f' ? f I 'i i 1 .{;.}..i f, f .i:t A i. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning MEMORANDUM TO: Ed Forrester and Building Department FROM: Office of the ZBA ' DATE: March 5,:1998 SUBJECT: Building Department's Request, for Interpretation Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Please find attached copy of the Board's determination rendered at our March 3, 1998 meeting for, your update and Building,, Department's records. Attachment (2 pages) C % J APPEALS BOARD MEMBERS K. 0 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning MEMORANDUM c� y..c N Z w • BOARD OF APPEALS TOWN OF SOUTHOLD TO: Ed Forrester and Building Department FROM: Office of the ZBA DATE: March 5, 1998 SUBJECT: Building Department's Request for Interpretation Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Please find attached copy of the Board's determination rendered at our March 3, 1998 meeting for your update and Building Department's records. Attachment (2 pages) T RAt ]!;[,.I I S'l---l-I (- - ill RU"A-21 1* -:i<' -'l-':1:1--+ i-'1 4-1 ;V*'4-'+.- f.T-1 I i : H, :11. It - I I ikS i 1.11:iF' OF, 11'.1i, - 4' i --f i T I f I I i I i i f I. i '1 1 :i i' I . I. A . I . 1 J f..{ 1 j ' 1 4 1. h' f i -+- I .f, ; i., I. I I +..+4 A �i A I V ll� I+ P,l -f 1 1-1 '1 1 1.1 1 1 i f , HPT PH -l'-1117 I II,. L,E -11 HE I IJ L I '10 rPL DE -FIT F 1 11C I ElEr IT I F I --- CC[ T:A I HAAM CODI 0 LE 11 : Al Kin j&9 394C. i+ I i t i i i I 'i i -i f i 1 1 i 4 i r 1 1 1 0 1 1 4 1 f f f T 4 r l 4 1 1 f f +' L, -i i - I' i i f I I I l; -1 1 i 1 1. 1 f i ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS -MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �o��SUFFO�,�c�G o � N Z OFFICE OF TkIE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1800 TO: Southol�dr-'Town Zoning Board of Appeals r' FROM: E112abeth A. Neville, Southold Town Clerk ­.,-DANtb: r January 7, 1998 RE: Zoning Appeal No. 4537 - Southold Town Building Department Transmitted herewith is Zoning Appeal No. 4537 - SOUTHOLD TOWN BUILDING DEPARTMENT submitted by Edward Forrester for an interpretation whether a sculpture platform requires a building permit. There is no fee charged for processing this application. 1998 -at the.time notedbelow(or, as'=soon thereafteras=possible)t 4" -5 ==.<YEDLOUT regarding : "as, built" '(e cisting) location of:open',deck;addition foc'which <an_ application"for.; a buil_ ding peiThit was disapproved by the building,Ainspector:on January 29,1998 and wliich'Dis= approval reads as follows: ;'...un der Article -=V; Section 100_- 244B. for nonconforming lots, the 'as built' deck addition will. have a.rear..yard setbac)Cat 27'6"+ Lot, areas of 20,000 to 39,000 sq. ft. require arearyard setback of.50 feet.`.The existing. dwelling has a present non6n-: forming setback of42 ft.:+=;_Ac- tion required by the Board of Ap- peals..."_ Location: of Property:;. 250 Jernick' Lame, .Southold: County Parcel IE1000-70-3-17:: Lot size: 20,586' .f..:.' ._ _. . . 6:40 p.m. Appl'.IVo.'4546 HERBERT 'SCANNEL_L "and" SARAH REETZ:Request for•:. Variance based upon the Febru ` ary 2, 1998 -Building Inspector's._ Notice of.Disapprgval (and Stop' Work Order).regarding pending Building Permit No. 24471Z and reconstructionand-replacement' of single=family_`dwel ing -with':. nonconforming setbacks; Article XXIV, Section 100-242 (ref. set ' backs under Section 100-244B) of the Zoning Code:;Location of Property: 955. CoveCircle; Greenport CTM # 1000-49-1--16 and 17 (as one lot).;Loi size: .69 ofan acre.'-,--- . 6:45'p.m::Appl No: -4538- MICHAEL RAND: Request.for: Variances based upon the De-. cember 29; 1997 Notice of Dis- approval regarding a building permit application toconstruct a Weeks LEGAL NOTICE _ - SOUTHOLD TOWN BOARD OF. APPEALS COUNTY OF SUFFOLK .THURSDAY, i STATE OF NEW YORK ss: ' FEBRUARY,26,3998: `.. der Article _IIIA, Section: 100=_ 30A.4 '.NOTICE : IS, , HEREBY Patricia C. Lollot, being duly sworn, says that GIVEN, pursuantto Section 267 of the T.owft Liw arid.the Code she is the Production Coordinator, of the TRAV- ofth6tow i.ofsoutholiL the ELER WATCHMAN, a public newspaper printed lowing._application;will beheld ' at Southold, in Suffolk County; and that the no- for;."public h'earing's by�' the _ SOUTHOLD .TOWN BOARD.. ! tice of which the annexed is a printed copy, OF APPEALS, °at,the:Southold .: has been in said Traveler Watchman Town. Hall;'53095- Main Road,' '` Southold;:New'York 1;1971 on published once each week for 7'PTTRQTIAV:FFRRTTARV-7(, - garage with storage above is 10= ` cated in the side yard of the.prin= ::-,the 1998 -at the.time notedbelow(or, as'=soon thereafteras=possible)t 4" -5 ==.<YEDLOUT regarding : "as, built" '(e cisting) location of:open',deck;addition foc'which <an_ application"for.; a buil_ ding peiThit was disapproved by the building,Ainspector:on January 29,1998 and wliich'Dis= approval reads as follows: ;'...un der Article -=V; Section 100_- 244B. for nonconforming lots, the 'as built' deck addition will. have a.rear..yard setbac)Cat 27'6"+ Lot, areas of 20,000 to 39,000 sq. ft. require arearyard setback of.50 feet.`.The existing. dwelling has a present non6n-: forming setback of42 ft.:+=;_Ac- tion required by the Board of Ap- peals..."_ Location: of Property:;. 250 Jernick' Lame, .Southold: County Parcel IE1000-70-3-17:: Lot size: 20,586' .f..:.' ._ _. . . 6:40 p.m. Appl'.IVo.'4546 HERBERT 'SCANNEL_L "and" SARAH REETZ:Request for•:. Variance based upon the Febru ` ary 2, 1998 -Building Inspector's._ Notice of.Disapprgval (and Stop' Work Order).regarding pending Building Permit No. 24471Z and reconstructionand-replacement' of single=family_`dwel ing -with':. nonconforming setbacks; Article XXIV, Section 100-242 (ref. set ' backs under Section 100-244B) of the Zoning Code:;Location of Property: 955. CoveCircle; Greenport CTM # 1000-49-1--16 and 17 (as one lot).;Loi size: .69 ofan acre.'-,--- . 6:45'p.m::Appl No: -4538- MICHAEL RAND: Request.for: Variances based upon the De-. cember 29; 1997 Notice of Dis- approval regarding a building permit application toconstruct a Weeks ........................................................................ _ -74'e_. r%mmanrinL on the --- three=car`aocessoiy`gara-e determinatioaby 'o-, Attome :.. 77 - -.. y_ '. g persons 'Also iStla Sculpture which reads as follows:.":?.IJn=` wluch'states that l6&It a not ex=-• = ': excepted under Section 100-230 `.. der Article _IIIA, Section: 100=_ 30A.4 . cepted:::".IocatonofProperty:: ,;:under:"Exemptions,';;oi,do_'tlie 340'Gleriwood Road aiid.'295-.w-. accessory building s.areto be, located - in the 'required rear height limitations, of -Section ' East Road, Cutchogue. CTM Lot_ ' °; - 100-33.4pply.?" . _- Yard. Since SCTM.#10000-14 } 11.2 of..40,000 s:£ has a 1979.. ": 7:40'p:m; Appl. No 4466- 2-10 and'#1000-P4-2-11.also knowaas.Petty Bight Subdivi- ._ � approval undeiBoardofAppeals .(Moebious 'Associates `. HAYHARBORCLUB ,.Fishers _Island;` ontinued hearingak re- sion Lots.12 and.13 have been Min ` ; Mmor Subdivision . = .., ' , _ : . ). :_... questofapplicant's"attorney:•<'' merged.asper'owner's.`request'.'- theproposed three-caraccesso ry 7:05'p.m:App1:•.No 4543-_ -ALICE KONTOKOSTA !`Re= -_�-8:10p.m.:Appl.'No.:`4535- WILLIAM andPATRICIA garage with storage above is 10= ` cated in the side yard of the.prin= ::-,the quest fora Variance based upon'- .:MOORE Building Inspector's becem=` as contract vendees. Request; for Special Exception cipal dwelling. Location ofProp- :., ber 24'; 1997: Notice of Disap= : `under Article IN, Section 100- erty:.1275 Bight Road, Orient;. Preval•whichstatcs that -':••aPPli-`.. 71B(2) forprincipal offices (pro- CountyParcelID1000-14-2-10.. <eationdatedNovemberl7;,T997 fessionalandbusiness)at51020 and 11. Lot size: 85,115 s:f. ° - for a.permit to replace an exist, .. ; . 'Main .Road;'Soutliold,' NY; ...: 6:55 -.p.m. Appl: No: 4541''= ` RUTH LEONARD: Request for :-_: _ mg dwelling is disapproved_on the following grounds:,the exist- • =:1000'=70=2-8. • Zone Mstrict: Residential -Office. g " a Waiver under Article II,' Sec= ':` mgnonconfonnirig.budding:con-.; '_ . =_'8' �5 p:m:"Ap 1 No'4536- tainm a nonconforming"use tion Building Ins based J upoa" the ; Bailding Inspector's January7; if;. =`:=INDEAENDET---'-'GROUP : damaged by fire or other causes :., '_ :_HOME : L G:.PROGRAM _ of 199.8 Notice ' Disapproval,_.. to the extent of -more than ; �y. _INC. _:N rb m, ortion: was p which reads as follows: "...Both .� percent .(50%). of its faii value conclu don 1/ /98. Proposed parcels being located in an R40 _" shall not be repaired 'bt rebuilt Res ' tion to clos the written 'Zone'. Tax Map -41000-78-07-3g 1000-78-07-38 unless such building is madesub- po iion of this: rico -5 l 550 and 1000-78-07-39 are merged stantially to'conform :to;the -:- M'ain Road; Southold NY;1'000- These parcels :do not meet with height and yard requirements of. 61=3-1' ' -the-exceptions as specked un- the bulk schedule, ArticleXXIV; The BeetdofAppealswillatsaid derArticle II.100=25C::.See at= Section 100-242B-1_ .(Ref. all 6 and Place hear any an•all per= tached: deteiiniiiation;_by_Town setbacks under 100-244. and 100- sons or representatives -desiring to Attorney,. '1755 and 795.Cedar _ ` 239.4A).. Location of.Property: ': beheardintheaboveapplicaiionor. Drive, Southold,,NY-`: ; ' ;;`,:. 54155'C.R. 48, Greenport, NY; desinngtosubmitwnttensft ements .7:00 .p:m:-Apph=lVo ;4340- : Parcel ID#T000-52=1-2..-... ' before the hearing ends. The hear - MELISSA SPIRO Request for ythg will not start earlierthan desig; a. Waiver under Article II;=Sec=`=' 7: T5 p:m:: Appl No:;'4537= ?ate- The file is available for re! tion 100-26.based " upon tli6 ' REOUEST'BY- SOUTHOLD view` during.Town'Hall business building Inspector's 'January 6 = TOWN BUILDING DEPART- hours (8-4 pm.): Ifyou have quer.; 1998=Notice of Disapproval .. _ MENT dated January 6, 1998 tions, please_ do not hesitate to'call -which reads as'follows:-'.'.::Both ;; for "Generic Town -Wide Inter- 765-1809.- 65-1809.--parcels -parcelsbeing.located in. an_R40 `' Zone, Tax Map Nu>abers 1000- _: pretation with the followin g questions.; ."Is a sculpture a ' Dated: February 10;1998: ''. BY ORDER OF THE -110-06-05 and 1000-110-06-'_` '1'1.2 "building" under the Code Defi- _ = SOUTHOLD TOWN are merged: These parcels = do not meet with the exceptions nitions at Section 100-13, since. a sculpture does not have a roof BOARD OF APPEALS - GERARD P. GOEHRINGER, as specified under Article -II, -1.00-25C... and will not be intended for shei- Chairman Note: See attached ter, business, housing orenclos- 1X-2/12/98(19) BOARD OF APPEALS SOUTHOLD TOWN HALL P.O. BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 BOARD OF APPEALS SOUTHOLD TOWN HALL P.O. BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 BOARD OF APPEALS SOUTHOLD TOWN HALL P.O. BOX 1179 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Stephen R. Angel, Esq. Esseks Hefter & Angel 108 East Main Street P.O. Box 279 Mr. James Fitzgerald, Jr. Proper -T Permit Services P.O. Box 617 Cutchogue, NY 11935 Mr. James Miller 1610 Paradise Point Road Southold, NY 11971 .0 OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-9064 fax. Inter -Office Ext. 223 February 11, 1998 THE ATTACHED INFORMATION MAY BE OF INTEREST TO YOU. x Copies of legal notice with above note sent on 2/11/98 to : Stephen R. Angel, Esq. Mr. James Miller Mr. James Fitzgerald LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 26, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, FEBRUARY 26, 1998 at the time noted below (or as soon thereafter as possible) : 6:35 p.m. Appl. No. 4545 - RONALD J. YEDLOUTSCHNIG. Request for Variance regarding "as built" (existing) location of open deck addition for which an application for a building permit was disapproved by the building inspector on January 29, 1998 and which Disapproval reads as follows: "...under Article XXIV, Section 100-244B for non -conforming lots, the 'as built' deck addition will have a rear yard setback at 2716" +-. Lot areas of 20,000 to 39,000 sq. ft. require a rear yard setback of 50 feet. The existing dwelling has a present non -conforming setback of 42 ft. +-. Action required by the Board of Appeals...." Location of Property: 250 Jernick Lane, Southold. County Parcel ID 1000-70-3-17. Lot size: .20,586 sf. 6:40 p.m. Appl. No. 4546 - HERBERT SCANNELL and SARAH REETZ. Request for Variance based upon the February 2, 1998 Building Page d - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals inspector's Notice of Disapproval (and Stop Work Order) regarding pending Building Permit No. 24471Z and reconstruction and replacement of single-family dwelling with nonconforming setbacks, Article XXIV, Section 100-242 (ref. setbacks under Section 100-244B) of the Zoning Code. Location of Property: 955 Cove Circle, Greenport; CTM #1000-49-1-19 and 17 (as one lot) . Lot size: .69 of an acre. 6:45 p. m. Appl. . No. 4538 - MICHAEL RAND. Request for Variances based upon the December 29, 1997 Notice of Disapproval regarding a building permit application to construct a three -car accessory garage, which reads as follows: "...Under Article IIIA, Section 100-30A.4 accessory buildings are to be located in the required rear yard. Since SCTM #1000-14=2-10 and #1000-14-2-11 also known as Petty Bight Subdivision Lots 12 and 13 have been merged as per owner's request, the proposed three -car accessory garage with storage above is located in the side yard of the principal dwelling. Location of Property: 1275 Bight Road, Orient; County Parcel ID 1000-14-2-10 and 11. Lot size: 85,115. sf. . 6:55 p. m. Appl. No. 4541 - RUTH LEONARD. Request for a Waiver under Article II, Section 100-26 based upon the Building Inspector's January 7, 1998 Notice of Disapproval which reads as follows: "...Both parcels being located in an R40 Zone:. Tax Map #1000-78-07-38 and 1000-78-07-39 are merged. These parcels do not meet with the exceptions as specified under Article II 100-25C... See attached Page 2 - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals determination by . Town •Attorney...." 755 and 795 Cedar Drive, Southold, NY. 7:00 p.m. Appl. No. 4540 MELISSA SPIRO. Request for a Waiver under Article II, Section 100-26 based upon the building Inspector's January 6, 1998 Notice of Disapproval which reads as follows: "...Both parcels being located in an R40 Zone, Tax Map Numbers 1000-110-06-05 and 1000-110-06-11.2 are merged. These parcels do not meet with the exceptions as specified under Article II, 100-25C... Note: See attached determination by Town Attorney which states that lots are not excepted ...." Location of Property: 340 Glenwood Road and 295 East Road, Cutchogue. CTM Lot 11.2 of 40,000 sf. has a 1979 approval under Board of Appeals #2554 (Moebious Asssociates Minor Subdivision) . 7:05 p.m. Appl. No. 4543 - ALICE KONTOKOSTA. Request for a Variance based upon the Building Inspector's December 24, 1997 Notice of Disapproval which states that "...application dated November 17, 1997 for a permit to replace an existing dwelling is disapproved on the following grounds: the existing nonconforming building containing a nonconforming use' if damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless . such building is made substantialy to conform to the height and yard requirements of the bulk schedule, Article SIV, Section 100-24211-1. (Ref. all setbacks under 100-244 and 100-239.4A). Page -/ - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals Location of Property: 54155 C.R. 48, Greenport, NY; Parcel ID #1000-52-1-2. 7:15 p.m. Appl. No. 4537 - REQUEST Proposed BY SOUTHOLD TOWN to close the written portion of this record_ BUILDING DEPARTMENT dated January 6, 1998 for "Generic Town -Wide Interpretation" with the following questions: "Is a sculpture a "building" under the Code Definitions at Section 100-13, since a sculpture does not have a roof and will not be intended for shelter, business, housing or enclosing persons. Also is a sculpture excepted 6 under Section 100-230 under "Exemp tions , " or do the height limitations of Section 100-33 apply... ?" 7:40 p.m. Appl . No. 4466 - HAY HARBOR CLUB, Fishers Island, continued hearing at request of applicant's attorney. 8:10 p.m. Appl. No. 4535 - WILLIAM and PATRICIA MOORE as contract vendees. Request for Special Exception under Article IX, Section 100-71B(2) for principal offices (professional and business) at 51020 Main Road, Southold, NY; 1000-70-2-8. Zone District: Residential -Office. 8:15 p.m. Appl. No. _4536 - INDEPENDa,!q*L' [�*ItOUP HOME LIV NG PROGRAM, INC. (Verbatim portion was concluded on 1/22/98. Proposed Resolution to close the written portion of this record_ 51550 Main Road, Southold, NY; 1000-61-3-1. Page,-') - Legal Notice Meeting of February 26, 1998 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the hearing ends. The hearing will, not start earlier than designated. The file is available for review : during Town Hall business hours (8-4 p . m.) . If you have questions, please do not hesitate to call 765-1809. Dated: February 10, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman x 07 ICE 0 SoutFioid'_-7'o-)Yn 3Waii 53og5 Main Road �I SIG%7G5-18og tei" (I S16% J6,S-18z3fax. January 6, 1998 Stephen R. Angel, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Re: Your Letter dated December 30, 1997 Dear Mr. Angel: This will confirm that our office is. - in receipt of your letter dated December 30, . 1997,- and ' although we have not received an application specific to your letter's subject (property of James Miller at 1000-81-3-19.4), we have received a letter from the Director of Code Enforcement requesting a town -wide Interpretation relative to a pending -building permit. A copy is enclosed. The next procedural step will be determined in the near future by board resolution. Today we have distributed copies of your letter and Mr. Forrester's request to ZBA members, and ,we will keep you advised once the hearing date has been confirmed by formal resolution. If you have any questions, please call. Very truly yours, GERARD P. GOERRINGER CHAIRMAN Enclosure (Copy - of Enf. Dir. Letter) r1. EDWARD FORRESTER Director of Code Enforcement BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM 07 , Southold Town Hall 53095 Main Road . P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 TO: Jerry Goehringer, Chairman, Zoning Board of Appeals FROM: Ed Forrester, Director of Code Enforcemen DATE: January 6, 1998 RE: Request for Interpretation The Building Department has recently received a building permit application for a sculpture platform. The applicant advises us that he plans to erect a forty foot tall sculpture of steel wire on the platform. I need an interpretation whether a forty foot sculpture is a building as defined in Southold Town Code §100-13. The definition says: BUILDING -- Any structure having a roof supported by such things as columns, posts, piers, walls or air and intended for the shelter, business, housing or enclosing of persons, animals, property or other materials; also any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above the same as if no "building" was present. The term "building" shall include the term "structure" as well as the following: (1) Signs. (2) Fences. (3) 'Walls. (4) Radio and television receiving and transmitting towers and antennas, except for such antennas installed on the roof of a building and extending not more than twenty (20) feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures: Jerry Goehringer, Chairman, Zoning Board of Appeals January 6, 1998 Page2 Clearly the sculpture does not have a roof and is not intended for shelter, business, housing or enclosing persons. However, the definition appears to include any combination of materials forming any construction. "Construct" is defined as "to build, form, or devise by fitting parts or elements together systematically.n To date, the Building Department has not required building permits for small sculptures, like flamingos or lawn jockeys. However, the height and complexity of this sculpture is much greater than those. Are sculptures "buildings" under our code? Should only those sculptures of a certain height or construction complexity be considered "buildings" under our code? If the sculpture is not considered a building, the permit for the platform alone will be straightforward. However, if the sculpture is considered a building, I also need an interpretation as to the applicability of the height requirements of this code. Southold Town Code §100-33, Accessory buildings, provides: In the Agricultural -Conservation District and Low -Density Residential R- 80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. Since the proposed sculpture is forty feet high, it will have problems unless the exceptions in §100-230 are applicable. That section provides: D. Height exceptions. The height limitations of this chapter shall not apply to: (1) Spires, belfries, cupolas and domes not for human occupancy; and monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than two hundred twenty (220) volts. Jerry Goehringer, Chairman, Zoning Board of Appeals January 6, 1998 Page 3 (2) Bulkheads, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing. process requires greater height, provided that any such structures that are located on any roof area that exceed in height the limits in the particular district shall not in the aggregate occupy more than twenty percent (20%) .of the horizontal area of the roof and are set back one (1) foot from the edge of the roof for each additional foot in height greater than the specified height. This section exempts monuments from the height requirements. Does the term monuments include sculptures? Are any of the other exemptions, like towers, applicable? If so, the sculpture would not require a height variance. I would appreciate your prompt attention to this matter. Please let me know if you need additional information. WILLIAM W. ESSEKS MARCIA Z. H EFTER STEPHEN R. ANGEL JANE ANN R. KRATZ JOHN M. WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN CARMELA M. DI TALIA Town of Southold, Main Road P. O. Box 1179 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. 0. Box 279 RIVERHEAD, N.Y. 11901-0279 (516) 369-1700 TELECOPIER NUMBER (516) 369-2065 December 30, 1997, Zoning Board of Appeals Southold, NY 11971 Re: Application of James Miller Tax Map No. 1000-81-3-19.4 Dear Members of the Board: WATER MILL OFFICE MONTAUK HIGHWAY P. 0. Box 570 WATER MILL, N.Y. 11976 d (516) 726-6633 { We are the attorneys.for Edward and Ruth Meyer, Nancy and John Smith, John Petrocelli, Robert L.'Stott, Joseph Macari and Alice Mignerey. Our clients own property in the immediate vicinity of the above -captioned parcel. Our clients have opposed Mr. Miller's application to construct.a platform on the beach in order to erect a structure approximately 40 feet 'in height. It has been our position that such a structure is in violation of numerous provisions of the Southold Town Code. In this regard, I enclose two letters that I have previously written to the Southold Building Department, one dated November 13, 1997 and one dated December 19, 1997. I understand, from an article which appeared in the most recent Suffolk Times, that Edward Forrester, of the Southold Building Department, may have made application for an interpretation regarding Mr. Miller's proposed structures. Our clients wish to be heard in opposition to this application. Would you please advise me whether the application has been brought before the Zoning Board, and, if so, when is the hearing scheduled. Of course, if you wish any additional information from me or our clients, do not hesitate to call. SRA:mb Enc. cc : Jerry Callis Ver truly yours, S EP N R. AN L .ti I ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW - 108 EAST MAIN STREET P. O. BOX 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER (5 16) 369-2065 P. O. Box 570 JANE ANN R. KRATZ WATER MILL, N.Y. 11976 JOHN M. WAGNER (516) 726-6633 WILLIAM POWER MALONEY THOMAS F. WHELAN CARMELA M. DI TALIA November 13, 1997 Building Department, Town of Southold Town Hall P. O. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Premises - 1000-81-3-19.4 Dear Sir: We are'the attorneys for: Edward and Ruth Meyer Joseph Macari Nancy and John Smith Alice Mignerey John Petrocelli Jerry Callis Robert L. Stott - All of our clients live and own property in the vicinity of the above -captioned premises, which, I believe, are owned by Mr. James Miller. I understand that Mr. Miller is in the process of seeking approval from various agencies to construct and install a sculpture of a bird, approximately 40 feet in height, on the beach portion of his property. I also understand that Mr. Miller has not made application to your department, or to the Planning Board for the construction and installation of this structure under the building or zoning chapters of the Town Code. . Based on information I have received, Mr. Miller has only made application to the Town Trustees, the DEC and the Army Corps. It is our position that Mr. Miller cannot construct or install the structure in question without first receiving an approval or approvals from your department or the Planning Board under applicable provisions of the Town Code. 4 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Building Department November 13, 1997 Page 2 My initial review of the Town Code indicates, at least the following provisions, which either a) indicate the necessity for an application and a permit, or b) indicate that the proposed structure is illegal: 1. Under Section 45-8 of the Code ("Fire Prevention and Building Code, Uniform"), no one can ":.. commence the erection, construction ... of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the building inspector for each such building or structure ... ." Here, the purported sculpture, in excess of 40 feet in height with a 7' x 7' base, is certainly a structure. 2. In the Town's residential districts, there is an 18 foot limitation on the height of accessory structures, as well as numerous setback restrictions. I refer you to Sections 100-33 and 100-30A.4 of the Code. 3. The structure in question fits the definition of a "sign" as set forth in Section 100-13. Under this definition, a sign includes any structure used as an announcement for commercial purposes or otherwise. 4. Signs in the Town of Southold require a permit from the building inspector, even if they are conforming (see Section 100- 201.B) . 5. In the Town's residential districts, virtually all signs are prohibited unless they are authorized as variances by the Zoning Board of Appeals (Section 100-205.1). 6. Free-standing signs, such as the proposed structure, can be no higher than 15 feet (see Section 100-205). 7. Even if the structure in question is viewed as an artistic object, approval must be obtained from the Town. In this case, the applicant would need site plan approval from the Planning Board. See, Section 100-239.7 ("Long -Term Outdoor Display or Storage") which expressly applies to outdoor display of 11... artifacts ... ." r Y r y j Building Department November 13, 1997 Page 3 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW In my opinion, the proposed structure is prohibited in all sections of the Town. I respectfully urge your department to advise the applicant that it must apply for a permit. We request that you advise us of any such application, so that we can take appropriate action under the Town Code provisions, and the applicable provisions of the New York State Town Law. SRA:mb cc Jerry Callis Respectfully yours, STEPHEN R. ANGEL -.. WILLIAM W. ESSEKS MARCIA Z. HEFTER STEPHEN R. ANGEL JANE ANN R. KRATZ .JOHN M. WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN CARMELA M. DI TALIA ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 (516) 369-1700 TELECOPIER NUMBER (516) 369-2065 December 19, 1997 Edward Forrester, Director of Code Enforcement Building Department, Town of Southold Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Dear Mr. Forrester: WATER MILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (516) 726-6633 As you know, we represent numerous persons who own property in the immediate vicinity of a parcel owned by James Miller. Mr. Miller's parcel is known as SCTM No..'1000-81-3-19.4. On behalf of our clients, we previously voiced our opposition to Mr. Miller's proposed sculpture/structure, which will be significantly in excess of 40 feet in height, and will be located on the existing beach. I have been provided with a copy of an application for a building permit dated December 5, 1997 in the above matter. The building permit was filed for Mr. Miller by Proper -T Services, James E. Fitzgerald, Jr. I want your files to reflect the following comments regarding this application: 1. The application is misleading and untruthful. Mr. Miller, through his agent, is applying to construct a "platform." There is no mention of the 40+ foot sculpture which he intends to place on top of the platform. The sculpture is a three- dimensional object intended to be placed permanently on a four - foot high platform. Both the platform and the structure require, in my opinion, a building permit from the Town under 545-8 of the Code. 2. As a structure located in a residentially zoned area on a lot with a principal residence, the sculpture would be "accessory" to the principal residence, and, therefore, could not exceed 18 feet in height. I refer you to 5100-33A of the Code. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Edward Forrester, Director of.Code Enforcement December 19, 1997 Page 2 3. There isanother Code provision that may be applicable, ;,e,, 5100-239.7, "Long Term Outdoor Display or Storage. 11 This the display of property on a permanent provision is applicable to basis and includes, as an example of such property, "artifacts." Obviously, Mr. Miller's desire to place a 40 footssculpture on an to his property on the beach, for all to see, reflecmake a permanent display. Obviously, he intends to make a In that case, he would have to make an permanent "display." ng Board for site plan approval before application to the Planni you could entertain the building permit application. enclose a copy of my letter to you dated November 13, y our clients, and summarize applicable 195i, in which I identif code provisions. 5. I also enclose a photograph of the sculpture which, I believe, was taken from an advertisement or brochure. Please note the height stated. On behalf of my clients, I respectfully demand that you deny Mr. Miller's application for the reasons set forth. above. SRA:mb Enc. cc : Jerry Callis J Very truly yours, STEPHEN R. ANGEL WILLIAM W. ESSEKS MARCIA Z. H EFTER STEPHEN R. ANGEL .LANE ANN R. KRATZ JOHN M. WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN CARMELA M. DI TALIA Town of Southold, Main Road P. O. Box 1179 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 (516) 369-1700 TELECOPIER NUMBER (516) 369-2065 December 30, 1997 Zoning Board of Appeals Southold, NY 11971 Re: Application of James Miller Tax Map No. 1000-81-3-19.4 Dear Members of the Board: WATER MILL OFFICE MONTAUK HIGHWAY P. O. BOX 570 WATER MILL, N.Y. 11976 (516) 726-6633 We are the attorneys for Edward and Ruth Meyer, Nancy and John Smith, John Petrocelli, Robert L. Stott, Joseph Macari and Alice Mignerey. Our clients own property in the immediate vicinity of the above -captioned parcel. Our clients have opposed Mr. Miller's application,. to construct a:- platform on the beach in order to erect a structure approximately 40 feet in height. It has been our position that such a structure is in violation of numerous provisions of the Southold Town Code. In this regard, I enclose two letters that I have previously written to the Southold Building Department, one dated November 13, 1997 and one dated December 19, 1997. I understand, from .an article which appeared in the most recent Suffolk Times, that Edward Forrester, of the Southold Building Department, may have made application for an interpretation regarding Mr. Miller's proposed structures. Our clients wish to be heard in opposition to this application. Would you please advise me whether the application has been brought before the Zoning Board, and, if so, when is the hearing scheduled. Of course, if you wish any additional information from me or our clients, do not hesitate to call. SRA:mb Enc. cc : Jerry Callis Ver truly yours, STEPUIEN R. AN L ti ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Hex 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (516) 369-1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER (516) 369-2065 P. 0, Box 570 .JANE ANN R. KRATZ WATER MILL. N.Y. 11976 JOHN M. WAGNER (516) 726-6633 WILLIAM POWER MALONEY THOMAS F. WHELAN CARMELA M. DI TALIA November 13, 1997 Building Department, Town of Southold Town Hall P. O. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Premises - 1000-81-3-19.4 Dear Sir: We are the attorneys for: Edward and Ruth Mever Joseph Macari Nancy and John Smith Alice Mignerey John Petrocelli Jerry Callis Robert L. Stott All of our clients live and own property in the vicinity of the above -captioned premises, which, I believe, are owned by Mr. James Miller. I understand that Mr. Miller is in the process of seeking approval from various agencies to construct and install a sculpture of a bird, approximately 40 feet in height, on the beach portion of his property. I also understand that Mr. Miller has not made application to your department, or to the Planning Board for the construction and installation of this structure under the building or zoning chapters of the Town Code. Based on information I have received, Mr. Miller has only made application to the Town Trustees, the DEC and the Army Corps. It is our position that Mr. Miller cannot construct or install the structure in question without first receiving an approval or approvals from your department or the Planning Board under applicable provisions of the Town Code. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Building Department November 13, 1997 Page 2 My initial review of the Town Code indicates, at least the following provisions, which either a) indicate the necessity for an application and a permit, or b) indicate that the proposed structure is illegal: 1. Under Section 45-8 of the Code ("Fire Prevention' and Building Code, Uniform"), no one can "... commence the erection, construction ... of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the building inspector for each such building or structure ... ." Here, the purported sculpture, in excess of 40 feet in height with a 7' x 7' base, is certainly a structure. 2. In the Town's residential districts, there is an 13 foot limitation on the height of accessory structures, as well as numerous setback restrictions. I refer you to Sections 100-33 and 100-30A.4 of the Code. 3. The structure in question fits the definition of a "sign" as set forth in Section 100-13. Under this definition, a sign includes any structure used as an announcement for commercial purposes or otherwise. 4. Signs in the Town of Southold require a permit from the building inspector, even if they are conforming (see Section 100- 201.B). 5. In the Town's residential districts, virtually all signs are prohibited unless they are authorized as variances by the Zoning Board of Appeals (Section 100-205.1). 6. Free-standing signs, such as the proposed structure, can be no higher than 15 feet (see Section 100-205). 7. Even if the structure in question is viewed as an artistic object, approval must be obtained from the Town. In this case, the applicant would need site plan approval from the Planning Board. See, Section 100-239.7 ("Long -Term Outdoor Display or Storage") which expressly applies to outdoor display of "... artifacts ... ." Buildin9 Department November 13, 1997 Page 3 ANGEL HEF-CER & EssECOUNSELORS A• �?N structure is Prohibited in all the Proposed opinion, the applicant In m of the Town' t to advise ou advise us e your artmen sections dep request that Y riate action I resp etust a p .y fo ga PorthaL, W We ta applicable Provisions of that it Such apPlicatiOnt. ions, and the of ro under y the } w Stat Code Law • ect fully yours , the New Resp [r STEPH�N R - SRA•mb Jerry Callis cc December 19, 1997 Edward Forrester, Director of Code Enforcement Building Department, Town of Southold Southold Town Hall 53095 Main Road p. 0. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Dear Mr. Forrester: WATER MILL OFFICE MONTAUK HIGHWAY P. O. BOX 570 WATER MILL, N.Y. 11976 (516) 726-6633 As you know, we represent numerous persons who own property in the immediate vicinity of a parcel owned by James Miller. Mr. Miller's parcel is known as SCTM.No..1000-81-3-19.4. on behalf of our clients, we previously voiced our opposition to Mr. Miller's proposed sculpture/ structure, which will be significantly in excess of 40 feet in height, and will be located on the existing beach. I have been provided with a copy of an application for a building permit dated December 5, 1997 in the above matter. The building permit was filed for Mr. Miller by Proper -T Services, James E. Fitzgerald, Jr. I want your files to reflect the following comments regarding this application: 1. The application is misleading and untruthful. Mr. Miller, through his agent, is applying to construct a "platform." There is no mention of the 40+ foot sculpture which he intends to place on top of the. platform. The sculpture is a three- dimensional object intended to be placed permanently on a four - foot high platform. Both the platform and the structure require, in my opinion, a building permit from the Town under 545-8 of the Code. 2. As a structure located in a residentially zoned area on a lot with a principal residence, the sculpture would be "accessory" to the principal residence, and, therefore, could not exceed 13 feet in height. I refer you to 5100-33A of the Code. ESSEKS, HEFTER & ANGEL .COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAo, N.Y. 11901-0279 (516) 369-1700 WILLIAM W. ESSEKS MARCIA Z. HEFTER TELECOPIER NUMBER (516) 369-2065 STEPHEN R. ANGEL JANE ANN R. KRATZ JOHN M. WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN CARMELA M. DI TALIA December 19, 1997 Edward Forrester, Director of Code Enforcement Building Department, Town of Southold Southold Town Hall 53095 Main Road p. 0. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Dear Mr. Forrester: WATER MILL OFFICE MONTAUK HIGHWAY P. O. BOX 570 WATER MILL, N.Y. 11976 (516) 726-6633 As you know, we represent numerous persons who own property in the immediate vicinity of a parcel owned by James Miller. Mr. Miller's parcel is known as SCTM.No..1000-81-3-19.4. on behalf of our clients, we previously voiced our opposition to Mr. Miller's proposed sculpture/ structure, which will be significantly in excess of 40 feet in height, and will be located on the existing beach. I have been provided with a copy of an application for a building permit dated December 5, 1997 in the above matter. The building permit was filed for Mr. Miller by Proper -T Services, James E. Fitzgerald, Jr. I want your files to reflect the following comments regarding this application: 1. The application is misleading and untruthful. Mr. Miller, through his agent, is applying to construct a "platform." There is no mention of the 40+ foot sculpture which he intends to place on top of the. platform. The sculpture is a three- dimensional object intended to be placed permanently on a four - foot high platform. Both the platform and the structure require, in my opinion, a building permit from the Town under 545-8 of the Code. 2. As a structure located in a residentially zoned area on a lot with a principal residence, the sculpture would be "accessory" to the principal residence, and, therefore, could not exceed 13 feet in height. I refer you to 5100-33A of the Code. ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Edward Forrester, Director of,Code Enforcement December 19, 1997 Page 2 3. There is another Code provision that may be applicable, Ter §100-239.7 "Long m Outdoor Display or Storage." This ;,e. + of property on a permanent provision is applicable to the display of cproperty, "artifacts." basis and includes, as an example placea 40+ foot sculpture on Obviously, Mr. miller's desire to p his property on the beach, for all to see, ref intends an intent to make a permanent display. Obviously, In that case, he would have to make an permanent "display." ng Board for site licationroval before application to the Planni you could entertain the building permit a p Y, I enclose a copy of my letter to you dated November 13, identify our clients, and summarize applicable lg�i, in which I code provisions. enclose a photograph of the sculpture which, I 5. I also ence an advertisement or brochure. Please believe, was taken los note the height' stated. On behalf of my clients, I respectfully demand that you deny Mr. Miller's application for the reasons set forth. above. very truly yours, STEPHEN R. ANGEL SRA:mb Enc. cc : Jerry Callis MI;1 davit and bond are delivered at t bankrupt of- fice, an entry is made in at ' called the "dock- et -book," upon which the petitioning creditor is said to have struck a docket. Eden, Bankr. 51, 52. STRIKING A JURY. The selecting or nominating a jury of twelve men out of the whole number returned as jurors on the panel. It is especially used of the selection of a special jury, where a panel of forty-eight is. prepared by the proper officer, and the parties, in turn, strike off a cer- tain number of names, until the list is reduced to twelve. A jury thus chosen is called a "struck jury." Wallace v. Railroad Co., 8 Houst., Del., 529, 18 A. 818; Cook v. State, 24 N.J.L. 843. STRIKING OFF THE ROLL. The disbarring of an attorney or solicitor. STRIP. The act of spoiling or unlawfully taking away anything from the land, by the tenant for life or years, or by one holding an estate in the land less than the entire fee. Pub.St.Mass.1882, p. 1295. STRIPPING A MINE. In iron mining. Removal of the earth from the underlying body of iron ore. Bartnes v. Pittsburg Iron Ore Co., 123 Minn. 131, 143 N.W. 117. STRONG. Cogent, powerful, forcible. Wright v. Austin, Tex.Civ.App., 175 S.W.2d 281, 283. STRONG HAND. The words "with strong hand" imply a degree of criminal force, whereas the words vi et armes ("with force and arms") are mere formal words in the action of trespass, and the plaintiff is not bound to prove any force. The statutes relating to forcible entries use the words "with a strong hand" as describing that de- gree of force which makes an entry or detainer of lands criminal. Brown. STRONGLY CORROBORATED. A degree of corroboration amounting to corroboration from in- dependent facts and circumstances which is clear and satisfactory to the court and jury. Wright v. Austin, Tex.Civ.App., 175 S.W.2d 281, 283. STRUCK. In pleading. A word essential in an indictment for murder, when the death arises from any wounding, beating, or bruising. 1 Bulst. 184; 5 Coke, 122; 3 Mod. 202. STRUCK JURY. See Striking a Jury. STRUCTURAL ALTERATION OR CHANGE. One that affects a vital and substantial portion of a thing; that changes its characteristic appear- ance, the fundamental purpose of its erection, the uses contemplated, one that is extraordinary in scope and effect, or unusual in expenditure. Pross v. Excelsior Cleaning & Dyeing Co., 110 Misc. 195, 179 N.Y.S. 176,179; Paye v. City of Grosse Pointe, 279 Mich. 254, 271 N.W. 826, 827. STRUCTURE. Any construction, or any produc- tion or piece of work artificially built up or com- posed of parts joined together in some definite manner. C. K. Eddy & Sons v. Tierney, 276 Mich. 333, 267 N.W. 852, 855. That which is built or — SUABLE,-tJ�. constructed; ari Udffic6-0'f-bUt d. Poles connected .by wires for the transmission of electricity. Forbes v. Electric Co., 19 Or. 61, 23 P. 670, 20 Am.St.Rep. 793; a mine or pit, Helm v. Chapman, 66 Cal. 291, 5 P. 352; a railroad track, Lee v. Barkhampsted, 46 Conn. 213. Swings or seats are not, McCormack v. Bertschinger, 115 Or. 250, 237 P. 363, 365; Barnes v. Montana Lumber & Hardware Co., 67 Mont. 481, 216 P. 335, 336; Deiner v. Sutermeister, 266 Mo. 505, 178 S.W. 757, 759; Armitage v. Bernheim, 32 Idaho, 594, 187 P. 938, 939. STRUMPET. A whore, harlot, or courtesan. This word was anciently used for an addition. It occurs as an addition to the name of a woman in a return made by a jury in the sixth year of Hen- ry V. Wharton. STUFF GOWN. The professional robe worn by barristers of the outer bar; viz., those who have not been admitted to the rank of king's counsel. Brown. STULTIFY. To make one out mentally incapaci- tated for the performance of an act. STULTILOQUIUM. Lat. In old English law. Vicious pleading, for which a fine was imposed by King John, supposed to be the origin of the fines for beau -pleader. Crabb, Eng. Law, 135. STUMP. As respects coal mining operations is the base or remains of a worked -out pillar left aft- er previous mining operations to support the sur- face. McCormack v. Jermyn, 351 Pa. 161, 40 A. 2d 477, 478. STUMPAGE. The sum agreed to be paid to an owner of land for trees standing (or lying) upon his land, the purchaser being permitted to enter upon the land and to cut down and remove the trees; in other words, it is the price paid for a license to cut. Blood v. Drummond, 67 Me. 478. STUPRUM. Lat. In the Roman and civil law. Unlawful sexual intercourse between a man and an unmarried woman;—distinguished from adult- ery by being committed with a virgin or widow. Inst. 4, 18, 4; Dig. 48, 5, 6; 50, 16, 101. Any sexual intercourse between a man and an unmarried woman (not a slave), otherwise than in concubinage; illicit intercourse. Webster. Any union of the sexes forbidden by morality. Cent. Dict. STURGEON. A royal fish which, when either thrown ashore or caught near the coast, is the property of the sovereign. 2 Steph.Comm. 19n, 540. STYLE. As a verb, to call, name, or entitle one; as a noun, the title or appellation of a person. SUA SPONTE. Lat. Of his or its own will or motion; vollintarily; without prompting or sug- gestion. SUABLE. Capable of being, or liable to be, sued. A suable cause of action is the matured cause of action. 112 r2,, C 1592 itions of 4 ecclesias- and abus. person. alone; an fe only, or ingle wife. man and ti mankind. :amy" and composed ng an ab - on a par- se or com- °ision of a at. le trial or in pecun. th by the ince, de �r with _c ulties aLUS AL- VERSUM STATU nonopoly le of one wn pleas - or priv- lalvin. vantage es, con - o carry ,ture a whole lvilege mak- hereby rty of 4 Bl. ird of ?Bo. of so ziven m of tees. 412, rth ad, MONSTRANS — MOOT which cannot be heir to .any land, albeit it be brought forth in marriage. Bract. fol. 5; Co.Litt. 7, 8; 2 B1.Comm. 246. MONSTRANS IDE IDROIT. L. Fr. In English law, a showing or manifestation of right; one of the common law methods of obtaining possession or restitution from the crown, of either real or personal property. It is the proper proceeding when the right of the party, as well as the right of the crown, appears upon record, and consists in putting In a claim of right grounded on facts already acknowledged and established, and praying the Judgment of the court whether upon these facts the king or the subject has the right. 3 131.Comm. 256; 4 Coke, 54b. MONSTRANS DE FAITS. L. Fr. In old English practice, a showing of deeds; a species of profert. Cowell. MONSTRAVERUNT, WRIT OF. In English law, a writ which lies for the tenants of ancient de- mesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, according to the custom of the manor. Fitzh. Nat. Brev. 14. MONSTRUM. A box in which relics are kept; also a muster of soldiers. Cowell. MONTES. In Spanish law, forests or woods. White, New Recop. b. 2, tit. 1, c. 6, § 1. MONTES PIETATIS. Public pawnbroking estab- lishments; o institutions established by govern- ment, in some European countries, for lending small sums of money on pledges of personal prop- erty. In France they are called "monts de pidtd." MONTH. Word "month," unless otherwise defin- ed, means "calendar month," or time from any day of any of the months as adjudged in the cal- endar to corresponding day, if any, if not any, to last day, of next month. Daniel v. Ormand, 26 Ala.App. 441, 163 So. 361. The space of time denoted by this term varies according as one or another of the following varieties of months is Intended: Astronomical, containing one -twelfth of the time occu- pied by the sun in passing through the entire zodiac. Calendar, civil, or solar, which Is one of the months in the Gregorian calendar,—January, February, March, etc., —which are of unequal length. Lunar, being the period of one revolution of the moon, or twenty-eight days. The word "month," when used in a statute or contract without qualification, meant at common law a lunar month of 28 days. State v. White, 73.FIa. 426, 74 So. 486, 487. The matter is generally regulated by statute now. In re McNamara's Estate, 181 Cal. 82, 183 P. 552, 556, 7 A.L.R. 313. MONUMENT. Anything by which the memory of a. person, thing, idea, art, science or event is preserved or perpetuated. A tomb where a dead body has been deposited. In re Ogden, 25 R.I. 373, 55 A. 933; Rhode Island Hospital Trust Co. v. Benedict, 41 R.I. 143, 103 A. 146, 147. In real -property law and surveying, monuments are visible marks or indications left on natural or other objects indicating the lines and boundaries of a survey. In this sense the term includes not only posts, pillars, stone markers, cairns, and the like, but also fixed natural objects, blazed trees,- and rees;and even a watercourse. Grier v. Pennsylvania Coal Co., 128 Pa. 79, 18 A. 480; Cox v. Freedley, 33 Pa. 124, 75 Am.Dec. 584. MONUIVIENTA QUIE NOS RECOR.DA VOCAIN1. US SUNT VERITATIS ET VETUSTATIS VESTIG- IA. Co.Litt. 118. Monuments, which we call "rec- ords," are the vestiges of truth and antiquity. MONUNG. See Manung. MONYA. In Norman law, moneyage. A tax or tribute of one shilling on every hearth, payable to the duke every three years, in consideration that he should not alter the coin. Hale, Com.Law, 148, and note. MOOKTAR. In Hindu law, an agent or attorney. MOOKTARNAMA. In Hindu law, a written au- thority constituting an agent; a power of attor- ney. MOONSHENE. Intoxicating liquor illicitly pro- duced or smuggled into community for beverage purposes, or spirituous liquor, illegally distilled or manufactured. State v. King, 331 Mo. 268, 53 S.W.2d 252, 254. MOOR. An officer in the Isle of Man, who sum- mons the courts for the several sheadings. The oface is similar to the English bailiff of a hundred._ MOORAGE. A sum due by law or usage for mooring or fastening of ships to trees or posts at the shore, or to a wharf. Wharf Case, 3 Bland, Md., 373. MOORING. In maritime law; anchoring or mak- ing fast to the shore or dock; the securing or confining a vessel in a particular station, as by cables and anchors or by a line or chain run to the wharf. A vessel is "moored in safety," within the meaning of a policy of marine insurance, when she is thus moored to a wharf or dock, free from any immediate danger from any of the perils insured against. 1 Phil.Ins. 968; Bramhall v. Sun Mut. Ins. Co., 104 Mass. 516, 6 Am.Rep. 261. MOOT, n. English law. Moots are exercises in pleading, and in arguing doubtful cases and ques- tions, by the students of an inn of court before the benches of the inn. Sweet. Saxon law. A meeting or assemblage of p6- ple, particularly for governmental or judicial pur- poses. The more usual forms of the word were "mote" and "gemot." See those titles. MOOT, adj. A subject for argument; unsettled; undecided. A moot point is one not settled by ju• dicial decisions. A moot case is one which seeks to determine an abstract question which does not arise upon existing facts or rights. Adams v. Union R. Co., 21 R.I. 134, 42 A. 515, 44 L.R.A. 273. One which seeks to get a judgment on a pretended con- troversy, or a decision in advance about a right before it has been actually asserted and contested, or a judgment on some matter which, when rendered, for any reason, cannot have any practical legal effect upon a then existing con- troversy. Smith v. Smith, 209 Wis. 605, 245 N.W. 644, 645. EsSEKS, HEFTER & ANGEL December 19, 1997 Edward Forrester, Director of Code Enforcement Building Department, Town of Southold Southold Town Hall 53095 Main Road P. 0. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Dear Mr. Forrester: WATER MILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (516) 726-6633 As you know, we.represent numerous persons who own property in the immediate vicinity of a parcel owned by James Miller. Mr. Miller's parcel is known as SCTM No. 1000-81-3-19.4. On behalf of our clients, we previously voiced our opposition to Mr. Miller's proposed sculpture/structure, which will be significantly in excess of 40 feet in height, and will be located on the existing beach. I have been provided with a copy of an application for a building permit dated December 5, 1997 in the above matter. The building permit was filed for Mr. Miller by Proper -T Services, James E. Fitzgerald, Jr.' T- want your files to reflect the following -comments regarding this application: 1. The application is misleading and untruthful. Mr. Miller, through his agent, is applying to construct a "platform." There is no mention of the 40+ foot sculpture which he intends to place on top of the platform. The sculpture is a three- dimensional object intended to be placed permanently on a four - foot high platform. Both the platform and the structure require, -in my -opinion, a building permit from the Town under §45-8 of the Code. 2. As a structure located in a residentially zoned area on a lot with a principal residence, the sculpture would be "accessory" to the principal residence, and, therefore, could not exceed 18 feet in height. I refer you to §100-33A of.the Code. COUNSELORS AT LAW ' 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (516) 369-1700 MARCIA Z. H EFTER TELECO PIER NUMBER (S 16) 369-2065 STEPHEN R. ANGEL JANE ANN R. KRATz JOHN M. WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN CARMELA M. Dl TALIA December 19, 1997 Edward Forrester, Director of Code Enforcement Building Department, Town of Southold Southold Town Hall 53095 Main Road P. 0. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Dear Mr. Forrester: WATER MILL OFFICE MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (516) 726-6633 As you know, we.represent numerous persons who own property in the immediate vicinity of a parcel owned by James Miller. Mr. Miller's parcel is known as SCTM No. 1000-81-3-19.4. On behalf of our clients, we previously voiced our opposition to Mr. Miller's proposed sculpture/structure, which will be significantly in excess of 40 feet in height, and will be located on the existing beach. I have been provided with a copy of an application for a building permit dated December 5, 1997 in the above matter. The building permit was filed for Mr. Miller by Proper -T Services, James E. Fitzgerald, Jr.' T- want your files to reflect the following -comments regarding this application: 1. The application is misleading and untruthful. Mr. Miller, through his agent, is applying to construct a "platform." There is no mention of the 40+ foot sculpture which he intends to place on top of the platform. The sculpture is a three- dimensional object intended to be placed permanently on a four - foot high platform. Both the platform and the structure require, -in my -opinion, a building permit from the Town under §45-8 of the Code. 2. As a structure located in a residentially zoned area on a lot with a principal residence, the sculpture would be "accessory" to the principal residence, and, therefore, could not exceed 18 feet in height. I refer you to §100-33A of.the Code. Edward Forrester, December 19, 1997 Page 2 ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW Director of Code Enforcement 3. There is another Code provision that may be applicable, i.e.,_5100-239.7, "Long Term Outdoor Display or Storage." This provision is applicable to the display of property on a permanent basis and includes, as an example of such property, "'artifacts." Obviously, Mr. Miller's desire to place a 40+ foot sculpture on his property on the beach, for all to see, reflects an intent to make a permanent display. Obviously, he intends to make a permanent "display." In that case, he would have to make an application to the Planning Board for site plan approval before you could entertain the building permit application. 4. I enclose a copy of my letter to you dated November 13, 1997, in which I identify our clients, and summarize applicable code provisions. 5. I also enclose a photograph of the sculpture which, I believe, was taken from an advertisement or brochure. Please note the height stated. ' On behalf of my clients, I respectfully demand that you deny Mr. Miller's application for the reasons set forth above. Very truly yours, r• �-Lb SRA: mb STEPHEN. R. ANGEL Enc. cc : Jerry Callis I 14 �� � � �� �' � _ � ..' - ' � -' �: ♦_ z$ . .. s- 1 J _" t �"�' - � r _ .t • ,� ) C. �: ° � � s �- ' '� .• _ _ _ , . ,- - :_:. _: Y _ _ �'• 1�' •[ / �_ _ — � t- � ``22� �'rl� t�'fe Y, C . .y 3ff � ,.lam .. ... .: ,. _, ,. -= �: r � _7 �. 0 EsSEKS, HEFTER & ANGEL COUW6ELORS Af LAW 108 EAST MAIN STREET P. O. Sox 279 RIVERHEAo, N.Y. 11901-0279 WILLIAM W. EssEKS (S 16) 369'1704 MARCIA Z. H EFTER STEPHEN R. ANGEL TEL=coPl=R Numsea (516) 369-2065 JANE ANN R. KRATz JOHN M. WAGNER WILLIAM POWER MALONEY December 8, 1997 THOMAS F. WHELAN CARMELA M. DI TALIA TOWN BUILDING INSPECTOR Town of Southold Main Road. Southold, New York 11971 Re: Application of James Miller SCTM No.: 1000-81-3-19.4 Dear Sir: WATER MILL OFFIC= MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (516) 726-6633 11411,/ice -! We represent the following resident taxpayers of the Town of Southold: Robert Stott, Joseph Macari and Ann 0. Smith. In accordance with Town Law Section 268, we are serving you with their written demands that you take action against the above -referenced individual. Conies of their written demands are enclosed. SRA:mb Enc. e— Very truly yours, S�TEPH'EN R. ANGEL November 25, 1997 Building Inspector, Town of Southold and Town Board of the Town of Southold Town Hall Main Road, P.O. Box 1179 Southold, INTY 11971 Re: Application of James Miller Tax Map No. 1000-51-3-19.4 Ia1 ='117 The undersigned, a resident taxayer of the Town of Southold, requests that you Institute an appropriate legal action or 'proceeding against the above -captioned individual, James miller, to: i. _estrain him from violating the Zoning Code by ins Hina a st-ulCture _n v?^vlat?On OL such Code; 2 . t0 'prevEnC the snlaW=ul creCt4on Of a SCrS1Ct :re, a=r-xJ _maCely "_O feet _h' he' g - On the beach .z_Ong Southold Bay; and 3. _or other relief that may seem proper. The =dersiamedexp-ressly reserves C.ae right to 'institut=. an a-cDrCDriac:3 aC'Zi On or _ roceedimg if you fail to do so . UD_ On _?iOrZtat_On and bei ier, M'" L_ ller _hCE'-1dS CO _nSt all a st=ucz,are ,DDrcxi1"1aC :j _T ^-O feet in ae' gh L On his prcrerty Wit_^_out oe-m.z: or a^'prova_ under Cha'pcer 1-00 (zon=nc) of o e Code of the Town of Sou�aold. S' etc ?tcbe =nct r�*" I STA =, OF =LOR=r} On `J_ � aav_ of NOVE_T'1 er, 1997, .^,e=0r= 7.e _ ersOn'c=-;T c ine `tci. St %c _, CO se '.=Cwn to the'_nG-'i=dL'a! descrihed ,n =d Who XeC::c=d tt'•e f r=C„__g _�Sc- 'jmenr' �=C aC°LCW1=dgc^� t w.0 SPe 2±CeC ced Che sa:^E . - /� i - AV'�JIKI) ?DEBRA J.gERTRAND- �11AMi5SiCN 0 CC 5M20 e :,y+Es = 41 20w J 7 ,cmm,HM, 7 Ail �MnC 0C?I0IW-=1 C' 1- November 25, 1997 Building Inspector, Town of Southold and Town Board of the Town of Southold DEC 1 .1997 Town Hall Main Road, P.O. Box 1179 Southold, NY 11971 AouethcjaKiown C1erlc Lf Re: Application of James Miller Tax Map No. 1000-81-3-19.4 The undersigned, a resident taxpayer of the Town of Southold, requests that you institute an appropriate legal action or proceeding against the, above -captioned individual, James Miller, to 1. restrain him from violating the Zoning Code by _nsta?l_ng a structure in violat,OII of SUCK Code; 2. to prevent the unlawful erection of a structure, approxi_7ately 4_0 Leet in height, on the beach along Southold Bay; M -+d 3. for other relief that may seem proper. Ti—e undersicored e_ oressly reserves the right to institute an appropriate action or proceeding iL YOU fail to do so. Upon inLO_''aiatiOn and belief, Mr. Miller intends to insta''_1 a �t�L:Cttlre aouroxLTnat l V 40 feet in height on his property Without first obtaining a permit Or approval under Chapter 100 (Zoning) of the Code of the Town of Southold. Yours, etc. 1 `ice% Joseph Ms"iCar'= S-TIATIE CIF NEW YORK) ) SS.. COMITT_' CF SLS =OLR) ,jam/ �CCS�nOGR - On the Cav cf _ a -i -Er, 1997, be -fors ate personally r -axle .7oseph `�_:.ca__, to ane ',own to e the ;ndi,ridual described in. and Jn0 _xC':L ^. crecoing _astrument, and GCknow! edaed that. She =x�.C'lted the same. Ned a r =ubl_c MAFYV.RAHL Naar! P•.-dic, Stated NewYorx QuG• vasm Comity CommIssw..E=ir8$Auq.24./ 9� 4 /11/41-7 November 25, 1997 Building Inspector, Town of Southold and Town Board of the Town of Southold Town Hall ' fC l o 1yy/ Main Road, P.O. Box 1179 Southold, NY 11971 K:" Qe Re: Application of James Miller Tax Map No. 1000-81-3-19.4 The undersigned, a resident tax0aver of the Town of Southold, requests that you institute an appropriate legal action or proceeding against the above- captioned individual, James Miller, to: 1. restrain him from violating the Zoning C --de by installing a structure in violation of such Code; 2. to prevent the unlawful erection of a s rulcture, approximately 40 feet in height, on the beach along Southold Bav; and 3. for other relief that may seem proper. The undersigned expressly reserves the right to institute an anpro-or=ata action or proceeding i_ you fail to do So. Upon i nfornation and b e 1 _4 e f, I Ms. M-1 11er _nt�.�ds to i?.etall a structure approximately 40 feet in height on his property w-Lthc t first obtaining a permit or approval under Chapter 100 (Zoni-119) of the Code of the Town of Southold. Yours-, etc. iP. , Ann 0. SMI to STATE OF Lam{} SS. . COUNTY OF S -=n} On the �� day of ?ev=v �:sc=, 1997, be=ore me personally fame Ani; 0. Smith, to ne known to be the _ndi-r_dual described _n and who executed the f = oregonc ;nstr:men��_nd ac:=owl_dced ..t she =xecuted the same. / E ::,lard Forrester, Director of Code Enforcement Building Department, Town of Southold Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Dear Mr. Forrester: Thank you for the response to my letter dated November 13, 1997. I respectfully request that you inform me when and if you receive an appropriate application in connection with the above. Vertruly yours, SRA:mb STEEP N R. ANDEL ESSEKS, HEFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Box 279 RIVERHEAD, N.Y. 11901-0279 WILLIAM W. ESSEKS (S 16) 369'1700 WATER MILL OFFICE MARCIA Z. HEFTER MONTAUK HIGHWAY STEPHEN R. ANGEL TELECOPIER NUMBER (S 16) 369-2065 P. O. BOX 570 JANE ANN R. KRATZ WATER MILL, N.Y. 11976 JOHN M. WAGNER (516) 726-6633 WILLIAM POWER MALONEY THOMAS F. WHELAN CARMELA M. DI TALIA December 5, 1997 E ::,lard Forrester, Director of Code Enforcement Building Department, Town of Southold Southold Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Dear Mr. Forrester: Thank you for the response to my letter dated November 13, 1997. I respectfully request that you inform me when and if you receive an appropriate application in connection with the above. Vertruly yours, SRA:mb STEEP N R. ANDEL EDWARD FORRESTER Director of Code Enforcement November 24, 1997 BUILDING DEPARTMENT TOWN OF SOUTHOLD Stephen R. Angel 108 East Main Street P.O. Box 279 Riverhead N.Y. 11901-0279 Re: Proposed Miller Sculpture Dear Sir, Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-18(r- Please 65-1802 Please be advised that in response to your recent letter we wish to inform you that a Building Permit will be required for the proposed platform and sculpture. This office will request that the homeowner submit a completed application for review. Our review process will consider all the appropriate sections of the Zoning Code in relation to this project. Sincerely, Edward Forrester EDWARD FORRESTER Director of Code Enforcement November 24, 1997 BUILDLNG DEPARTMENT TOWN OF SOUTHOLD James & Barbara Miller Main Road P.O. BOX 610 Calverton N.Y. 11933 Re: Proposed Sculpture and Platform at Premises 1610 Paradise Point Road SCTM* 1000-81-3-19.4 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1323 Telephone (516) 765-1802 Please be advised that the above referenced project would require a Building Permit fron the Town of Southold prior to the commencement of this project. Please contact this office at your convenience to discuss the required documents needed to process your application. Sincerely, Edward Forrester as Jerry Callis, A V. M. 2350 Paradise Point Road P.O. Box 537 Southold, New York 11971 U.S.A. Tel. (516) 765-2259 20 November, 1997 Ms. Jean Cochran Southold Town Supervisor Town Hall Southold, NY Dear Jean, Fax(516)765-4640 You will find attached a copy of a letter from attorney Stephen Angel to the Southold Town Building Department concerning an application a neighbor, Mr. James Miller has made -to construct a 39 foot (actual measurement) metal structure on his property in front of his house at high water mark. Several of we neichbors object to his plans. At your earliest convenience please advise me when Mr. Angel may expect to receive a response to his letter from the building department. cc.Stephen Angel Meyers 5Si erely, J,rry llis ?fol! 2- D ��~ WILLIAM W. ESSEKS MARCIA Z. H EFTER STEPHEN R. ANGEL JANE ANN R. KRATZ .JOHN M. WAGNER WILLIAM POWER MALONEY THOMAS F. WHELAN CARMELA M. DI TALIA EssEKS, H EFTER & ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. BOX 279 RIVERHEAD, N.Y. 11901-0279 (516) 369-1700 TELECOPIER NUMBER (516) 369-2065 November 13, 1997 Building Department, Town of Southold Town Hall P. 0. Box 1179 Southold, NY 11971 Re: Proposed Miller Sculpture Premises - 1000-81-3-19.4 Dear Sir: We are the attorneys for: Edward and Ruth Meyer Nancy and John Smith John Petrocelli Robert L. Stott BLDG. DEPT: " VINIXN of SOUTHOLD WATER MILL OFFICE MONTAUK HIGHWAY P. O. BOX 570 WATER MILL, N.Y. 11976 (516) 726-6633 Joseph Macari Alice Mignerey Jerry Callis All of our clients live and own property in the vicinity of the above -captioned premises, which, I believe, are owned by Mr. James Miller. I understand that Mr. Miller is in the process of seeking approval from various agencies to construct and install a sculpture of a bird, approximately 40 feet in height, on the beach portion of his property. I also understand that Mr. Miller has not made application to your department, or to the Planning Board for the construction and installation of this structure.under the building or zoning chapters of the Town Code. Based on information I have received, Mr. Miller has only made application to the Town Trustees, the DEC and the Army Corps. It is our position that Mr. Miller cannot construct or install the structure in question without first receiving an approval or approvals from your department or the Planning Board under applicable provisions of the Town Code. 'Qq l ESSEKS, HEFTER & ANGEL - COUNSELORS AT LAW Building Department November 13, 1997 Page 2 My initial review of the Town Code indicates, at least the following provisions, which either a). indicate the necessity for an application and a permit, or b) indicate that the proposed ,structure is illegal: 1. Under Section .45-8 of the Code ("Fire Prevention and Building Code, Uniform"), no one can "... commence the erection, construction ... of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the building inspector for each such building or structure ... ." Here, the purported sculpture, in excess of 40 feet in height with a 7' x 7' base, is certainly a structure. 2. In the TowriIs residential districts, there is an 18 foot limitation on the height of accessory structures, as well as numerous setback restrictions. I refer you to Sections 100-33 and 100-30A.4 of the Code. 3. The structure in question fits the definition of a "sign" as set forth in Section 100-13. Under this definition, a sign includes any structure used as an announcement for commercial purposes or otherwise. 4. Signs in the Town of Southold require a permit from the building inspector, even if they are conforming' (see Section 100- 201,B) . 5. In the Town's residential districts, virtually all signs are prohibited unless they are authorized as variances by the Zoning Board of Appeals (Section 100-205.1). 6. Free-standing signs, such as the proposed structure, can be no higher than 15 feet (see Section 100-205). 7. Even if the structure in question is viewed as an artistic object, approval must be obtained from the Town. In this case, the applicant would need site plan approval from the Planning Board. See, Section 100-239.7 ("Long -Term Outdoor Display or Storage".) which expressly applies to outdoor display of 11... artifacts ... ." ESsEKS. HEFTER & ANGEL COUNSELORS AT LAW Building Department November 13, 1997 Page 3 In my opinion, the proposed structure is prohibited in all sections of the Town. I respectfully urge your department! to advise the applicant that it must apply for a permit. We request that you advise us of any such application, so that we can take appropriate action under the Town Code provisions, and the applicable provisions of the New York State Town Law. Respectfully yours, SRA:mb STEPHEN R. ANGEL cc : Jerry Callis