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HomeMy WebLinkAbout4620i . A APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 1998 Appl. No. 4620 — GEORGE H. STARKIE PARCEL 1000-57-1-7 STREET & LOCALITY: 630 Tarpon Drive, Southold DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The subject property is known as Lot 39 on the Map of Southold Shores, filed in the County Clerk's Office August 29, 1963 as Map 3853. Its lot size is approximately 20,000 sq. ft. and lot width of 100 feet at the street line. The property is improved with a single-family dwelling and wood retaining wall, as shown on the survey dated November 2, 1987 prepared by Donald M. Bayles. BASIS OF APPEAL: Building Inspector's August 28, 1998 Notice of Disapproval which reads as follows: "under Article XXIII, Section 100-230.4B, all buildings located on lots which a bulkhead exists shall be set back no less than 75 feet from the bulkhead. Proposed accessory shed is 41 ft. +/- from the bulkhead. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 16' by 20' accessory storage shed in the rear yard area at a setback of 41 feet to the bulkhead. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following Findings: 1. Applicant's rear yard is improved to a significant extent with a patio, walkways, stone ground cover and retaining walls. The patio is set back approximately 55 feet from the bulkhead. 2. Because of a high water table, the house hasno cellar and applicant therefore wishes to erect a shed to protect lawn and garden furniture and equipment. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because many structures in the neighborhood are set back less than 75 feet from the bulkhead and applicant's shed will be of modest scale and somewhat screened from the neighbors by shrubbery. ` Page 2 — Appl. No. 4620 Re: 1000-57-1-7 (Starkie) ZBA Action Rendered 10/27/98 3. Because of the size and shape of the lot, the benefit of a shed cannot be obtained without the granting of a setback variance. 4. The requested variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The grant of the requested variance is the minimum necessary and adequate to enable the applicant to obtain the benefit of protected storage space while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE CONDITION that the shed shall contain no utilities. VOTE OF THE BOARD: GOEHRINGER, DINIZIO, COLLINS, HORNING. (Absent due to bereavement was: Member Tortora). This Resolution was duly adopted by all the members present (4-0). GERARD P. GOEHRINGER CHAIRMAN Approved for Filing 1000-51-1a RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE V51/3�Ff HOUR •o��'!�i Town Clerk, Town of Southold LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 15, 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, OCTOBER 15. 1998 at the time noted below (or as soon thereafter as possible): 7:40 p.m. Appl No. 4620 — GEORGE STARKIE, 7R. This is a request for a Variance (based upon the Building Inspector's August 28, 1998 Notice of Disapproval), Article XXIII, Section 100-239.4B (Zoning) for a Variance to locate an accessory storage building in the rear yard with a setback of less than the required 75 ft. from existing bulkhead. Location of Property: 630 Tarpon Drive, Greenport, NY; Parcel 1000-57-1-7; also referred to as Lot 39 on the "Map of Southold Shores." 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 is concluded. Each 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 765-1809. Dated: September 29, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By: Linda Kowalski %(o x 2 aAa�- FORM NO. 3 -- �j� TOWN OF SOUTHOLD s BUILDING DEPARTMENT SEP SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: .August 28, 1998 George H. Starkie To....... Box 1503 ........................................ Southold, New York 11971 PLEASE TAKE NOTICE that your application dated ........July 13----- 19.98 ... for permit to construct an accessory storage shed ............ ....... at Location of Property 630 ... Tarpon Drive .Greenport House No. Street Hamlet County'Tax Map No. 1000 —Section 57....... BLOCK .. ......... LOT .7........... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds under Article %%III, .............................. Section 100-239.4B, all buildings located on lots which a bulkhead exists shall be set back no less than 75 ft. from the bulkhead. Proposed accessory shed is art 41 ft. from the bulklhead. NOTE: Back of Building:' Permit application shows 41ft. set back. BUILDING INSPEC RV 1/80 n '12 H,�fD OF HEALTH . U ((�I FORM NO. I SETS OF PLANS> II TOWN.OF SOUTHOLD /SURVEY ..._.. .....•'.. .... BUILDING DEPARTMENT �jCIIEGR ..... . _ . TOWN HALL / SEPTIC FORM ................. BLDG. DEPT. = SOUTIIOLD, N.Y. 11971 ,w FS UTHOLD` TEL: 765-1809 NOTIFY:� yy .. -CALL Evmined.................. 19.... MAIL TO: .................... Approved..... .. ,19 Perm' ............ .. Disapproved a/c .. ? �1..�a.......i/ ... 1:J l5 FF l5 (Building Inspector) ori APPLICATION FOR"BUILDING PERMIT. u Jli1`v - 'Date................. 19---- BLDG. DEPT WN FS UTHOC6 INSTRUCTIONS a. This application mast be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets ofplans, accurate: plot plan to scale. Fee according to schedule. h. Plot plan sbpwirg location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving at detailed description of layout of property must be drawn on the diagram which is part of this application. - _ c. The; work covered by this application.rny not be comenced before issuance of Building Permit. d_ Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit sballbe kept an the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in pard: for any purpose whatever until a.Certifi.cate of Occupancy shall have been granted by the Building. Inspector. APPLICATION IS BERM MADE .to the. Building Department for the issuance of a Building Permit pursuant to the Building Zq Ordina5?,ce of thnd e,Town of Southold, Suffolk County, New York, a. other applicable Inas, ordinances .or Regulations„ for the construction of buildings, additions or, alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all. applicable laws, ..ordinances, building code, housing code, and.. regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature o applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, pludberor builder. .................................a�4� x�................. ............... ............................... Name of owner of premises................................................... ........................................... (as on the tax roll or latest deed) - If. applicant is a corporation, signature of.duly autborized officer. ...................................................... (Name and title of corporate officer) Builders License No. ......................... Plumbers License No. Electricians License No. Other Trade's License No. .................... y 2 p..... .............................. U%�lO siS�o/lC s I. Location of Landon which proposed-workwill be. dio�e........9 1...:.!./ ... ........................... .......................... House Nurber 10,3 . Street 6;, Hamlet. County Tax Map No. 1000 Section . A4?V4` S"7) Block l .. I.ot ..7.... Subdivision...................................... Filed Map No. ........... _... Int................ (N�'ane) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use ...and occupancy ............. /.:(!�ll.G: �iyrG fIf.�..... b. Intended use and occupancy .......... O.E�, C�DNI......'. JO,P/ . ................. Q9Flt� x m=c^�i+YtiLa Aimszi! .._ . ,y 3srtJ 2uY i rtEY,2aGAre:^^ .1, t:�tlure of t:ork Wit which a dica1Ae): Near Ikcilding .. t �ti .. Id 1, .., lxkliCiorl-�........, Alteration ....._._. Itelmir Raimal ............. Ikrtnlit-ion Other Work ...... lam% yy 4. Est: inrhtenl (bst: ......... .............L iz."' .. (to be paid txt filial; this L)pl irrhtticin) 'i. If t#xaling, txadter of (h,,e II ing units lkaber of rhrel Iing units on each floor Ifgarage, hxnlx:r of ears ................'................... If lxts irtess, mhaercial or mixed a:cmlvrncy, slx:city nature arid extent of each type of use ...................... 7. Dimensions of existing stntctures, if any: Front.............. Rear Depth ..... .......... lkigitt ......................... Master of Stories Diniensicos of sane strocture aitb alterations or addiLions: Front ............... Rear ............... Ikpth .................... ileiglLL .1.................. Maix:r of Stories �..... Rear .... H. Dinr:ns uxrs of enCire.rtew axhstnrticxt: Front ......�. Ileiglrt ..........lY ............ Maher of Stories .... 9. Size of lot: Front .......... Bear .... %Z.Depth » . to. hale of Purchase ...... Raw of Former Omer-../-A/Ld«J.. ..... 11. 7,one or use dist.rict in whist premises are Situated ...... 12. toes proposal rixhslruc:tion violate any nxring lar, ordirwtx_e or regulation: .`..... .......... 13. Will lot be regraded ..................... Will excess fill Ike rammed frotn premises: YES t13 14. Nares of O.rner of pnanises.f2 f. CL, 7APCiC klress .. ...... 7 lkaie of Architect ....•�sG� y..e .............. Address .......... I'Iwrxe Nn. .......... Mme of,Cmtractor _.. .........._,.•................. lvklress . ..........I9wue Mi. .......... i5. .'.s this prope:rl:y c:ichin 303 feet of a tidal aatlarisf?..t"glS *IF YES, 1XIM01D1X)WN'11dtSIEF-S PERMIT NAY lili Id"JIMA). PLOT DIAGRAM. locate clearly and distinctly all lxtildin s.,'%Aiether existing or proposed.- and itxlicale all set -back dimensions`.` ficin property lines. 'Give street and block rimber: or description according todeed, and shoo street nares atki'iniliCkiLlY utilx:tber" interi r or corner lot. ' le7,25' 2�lZ' 2(,.2r S92' d ' CA�t,4� �)IJ\Ili \rid 1<'�Ii4\j� SS . (Mae of. itxltviekut 1. igniug contract) alxive t><ataetl, )k is. the ...... U(.�l.Y`....... �.`...........being duly sworn, deixhses srdsays that be is the applicant (Contractor, agent, corlxuate officer, etc.) of said ("ter or owners, nod :is .duly authcriied to perfooi or -have .Ixtrforued the saidcork aid to nuke aril file this :rppl icaCiuu; Lbat: all stalenents mntaineul in this al>itl icat iim are t.roe to the best of his krxtwlcrlte and hebief; nod - that. Lhe m)rk ui 1.I beperfonnecl in the: nrinuersetforth in the application filed tlte'.reAffi. :%x1111 to fore ne this I .. ,ox of "- L (S iyrvu:ure of ppl.icant) 11a1M►��(AC / - CominE>� �?otM1tY ( UX 199 r Tom Cl.ark Sau#doll TOWN OF SO(ITIIOLD, NEW YORx APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. QQ pp DATE ....`1.:. Q..:..l..42....... TO TME ZONING BOARD OF APPEALS, TOWN OF S/ODUTHOLD, N. Y. 1. (We) ..P u. % a.QMIE:of 4P 41�( � �....... ......... ......... Name of Appellant Street and Number .... cY' ° r4� .... ..... I ......................................... .... ....,..........HEREBY APPEAL TO Municipality State THE ZONING :BOARD OF APPEALS FROM TI IE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO.S50`.f7......... ....... DATED .........q. -L-9.2..: .,..................... WHEREBY THE BUILDING INSPECTOR DENIED TO C ............ Nome of Applicant for permit of Street and Number'` Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY�5'li� .a`�°R�f Street /Milllet • ••• ...Zo ... op Use District on Zoning Mop District 1000 Section 761'ock Lot 7 GAIL �3' QKEr3 sl-pRtctc .._...... __...... _.._....._ Current Ovrner ?t N SiAIIE 112: Mop No.eD , 4*11 kl'ifD GH P_C a 'C( Prior Owner PARCH REES(' 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 i(K Ili Section 100-93S f 413 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 lock of access (Stote of New York Town Low Chop, 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal QXs) (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 wds made in Appeal No.................................Doted ......... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection, 3 (x) A Variance to the Zoning Ordinance Is requested for the reason that Sjiry( jG$.t'cP ('-,25IC,�ed'teP� jr� ®�. Q cQnc4 no torectr#yQrd except, -(or tke, 7�J5 & fa t/tctf- f`�cLLe; f� ei✓ rlcs. o`ker e�pr0PrCJ_;e. Quo.. -Cor Sly e Form 2111 (Continue on other side) /,e. 1 '-"OW N OF SOtf]HOL�� PROPERTY RECORD CARD OWNER STREET' VILLAGE ]AC SUB. ✓LOT # 3 %� FORMER OWNER wF Noly E . 5 W TYPE OF BUILDING RES, a, SEAS. VL. FARM COMM. CB. MISC.Mkt. Value LAND IMP. TOTAL DTE REMARKS Sola X7500. F. RFs IANa t StA,PKie; �e tWf Pv�3 F AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM ASre _ V4A e -,Per Value i Tillable 1 Tillable 2 22 a 22 - Tillable Z -Tillable 3 " Woodland FRONTAGE ON WATER I ZSR Ctgvj,+1, Swampland Brushland FRONTAGE ON ROAD DEPtH � House Plot 1 J BULKHEAD \ ES DOCK Total ixtenslon _xtension < N 22 v /S 'Of �,✓ / f k/ Z/ 3 Z X 0 0 gK2S..z,00_,. g ,2S Breezeway SaM 2 2 xS= sa s a Patio .o Total ! -COLOR TRIM Ext. Walls Fire Place Type Roof 2ecreation Dormer Driveway pC Bath Floors / Interior Finish eatot CQ r Rooms 1st { Ioor Rooms 2nd Floor Dinette K. IC LR. DR. / BR. FIN. B. TARPON s oR/vE EX/5Y. WA7ER o' OP / I AM FAM/LIAR W17V THE 37ANOARVS FOR APFeO✓AL ANO CONSTAuCr/ON of SUBSURFACE SEWAGE ,(JLSPOSAL «SYSTEMS FAR ZIN6LE FiW{/LY R&Sia-e;yCE'3 ANO W/LL AB/DE AY %NE C4Wbi7/ONS SETFaRTN 77N,SWiN AkD ON 7N6' FERNIrr :?o CONs7.CUC7-. LO7' 39 MAP OF t5WV7-404D SHORES F/LEO /N CouVXY CLE.�'K6 OSFiCE Aub-^ IM3A$AW At%JBS3.. S/Tdq TE: /N ARSWAMOMAQUC SUFFOLK. CO!/NTY MEW YORK MADE "OdR . GEORGE 0 GAEL Sr9RK/E 44VRV, 'rlD or DONALD M- *AY[Es - SOUiwoza, N.Y. PROF6 XMVAL EN6/NEER it LANO S4RVOYAq... N.Y. L*Wse No.,4V*O,/ SCALE+ /^ • ,gyp' DATE;.: NO✓ -2,.:1.96.7 Et,/o.4 SUFFOLK CouNTY TAX MAP: /% LENLf/K/l .SECY/ON(PAGE� 57 `. 'OLOGK / LOT 7 A1PPL/CAN7': 6EOR6E 57- RK/E 29 WALNUT -Sr r .5,w/TN7OWN/ N.Y- ` PNONE+ 516-360-0569 / I AM FAM/LIAR W17V THE 37ANOARVS FOR APFeO✓AL ANO CONSTAuCr/ON of SUBSURFACE SEWAGE ,(JLSPOSAL «SYSTEMS FAR ZIN6LE FiW{/LY R&Sia-e;yCE'3 ANO W/LL AB/DE AY %NE C4Wbi7/ONS SETFaRTN 77N,SWiN AkD ON 7N6' FERNIrr :?o CONs7.CUC7-. LO7' 39 MAP OF t5WV7-404D SHORES F/LEO /N CouVXY CLE.�'K6 OSFiCE Aub-^ IM3A$AW At%JBS3.. S/Tdq TE: /N ARSWAMOMAQUC SUFFOLK. CO!/NTY MEW YORK MADE "OdR . GEORGE 0 GAEL Sr9RK/E 44VRV, 'rlD or DONALD M- *AY[Es - SOUiwoza, N.Y. PROF6 XMVAL EN6/NEER it LANO S4RVOYAq... N.Y. L*Wse No.,4V*O,/ SCALE+ /^ • ,gyp' DATE;.: NO✓ -2,.:1.96.7 Et,/o.4 EtaG `�` Hb'fE2 /% LENLf/K/l CGrc. N �\ � JIP K AN, I i 9.5 4 24.Z O k � A V /CONCRETE. FDUN04T/ON ell LOCATED 7//I/BB AR APPEALS BOARD MEMBERS .Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins -0oGeorge Horning ic'- Mr. and Mrs. George Starkie 630 Tarpon Drive Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD January 26, 1999 Re: Your Letter dated January 19, 1999 Dear Mr. and Mrs. Starkie: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 We are in receipt of your recent request for lighting. There is no objection to the placement of interior lighting for up to two light outlets. inside the building, and exterior lighting, however plumbing and heating utilities are not permitted. Very truly yours, GERARD P. GOEHRINGER�� CHAIRMAN / C ��6 C) 97 412 ��Ad Jr.'�Akl• / vJ DEPARTMENT OF PLANNING _ Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE December 4, 1998 OWL ffi STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Fink, Walter 4542 Smith, Robert 4601 Cornell, Ruth & Clifford 4602 Mastro, Thomas & Moira 4606' Schriber (Jon) & Ross (Jane) 4607 Chazan, Paul M. 4615 Manago, Vincent 4618 ,tarkie, George H. 4620 Dart, Edward 4622 Holzapfel, John & Joyce 4630 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:\111 CCIZONING\ZONING\WORKING\LDS\DEC%SD4542.DEC LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. 0. BOX 61 00 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 786-0099 TELECOPIER (5 1 6) 853-4044 i i x � � o��Sl1FF0(,�coG a� y� o CA 2 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cam-ission: _ Variance from the Zoning Code, Article XXIII Section 100-2T9.4B Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit f,. App al No: 4620 Applicant: George H . Starkie Location of Affected Land: 630 Tarpon Drive, Greenport, NY County Tax Map Item No.: 1000- 57-1-7 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area . Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission..to Ri,lkhesd G.tback Copies of Town file and related documents encloseA for your review. Dated: Nov. 30, 1998 (516) 765-1809 ZBA tel. 765-9074, fax O - - . O_T BOARD OFAPPEALS November 5, 1998 Southold Town Hall 5309.5 Main Road Southold, NY 11971 Mr. and Mrs. George Starkie 630 Tarpon Drive Southold, NY 11971 Re: App I. No. 4620 — Variance Dear Mr. and Mrs. Starkie: Enclosed please find a copy of the Appeals Board's` determination rendered at our October 27, 1998 Meeting. A copy of this determination has been furnished to the Building Inspector's Office regarding your permit 'application on file and pending with the Building Department. You may wish to contact their office as to whether their file is now complete. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encl. cc w/ encl: Building Department 0— APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning O�og�f F0(,�coG 0 C/o Z BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 1998 Appl. No. 4620 — GEORGE H. STARKIE PARCEL 1000-57-1-7 STREET & LOCALITY: 630 Tarpon Drive, Southold DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The subject property is known as Lot 39 on the Map of Southold Shores, filed in the County Clerk's Office August 29, 1963 as Map 3853. Its lot size is approximately 20,000 sq. ft. and lot width of 100 feet at the street line. The property is improved with a single-family dwelling and wood retaining wall, as shown on the survey dated November 2, 1987 prepared by Donald M. Bayles. BASIS OF APPEAL: Building Inspector's August 28, 1998 Notice of Disapproval which reads as follows: "under Article XXIII, Section 100-230.4B, all buildings located on lots which a bulkhead exists shall be set back no less than 75 feet from the bulkhead. Proposed accessory shed is 41 ft. +/- from the bulkhead. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 16' by 20' accessory storage shed in the rear yard area at a setback of 41 feet to the bulkhead. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following Findings: 1. Applicant's rear yard is improved to a significant extent with a patio, walkways, stone ground cover and retaining walls. The patio is set back approximately 55 feet from the bulkhead. 2. Because of a high water table, the house hasno cellar and applicant therefore wishes to erect a shed to protect lawn and garden furniture and equipment. Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because many structures in the neighborhood are set back less .than 75 feet from the bulkhead and applicant's shed will be of modest scale and somewhat screened from the neighbors by shrubbery. Page 2 — Appl. No. 4620 Re: '1000-57-1-7 (Starkie) ZBA Action Rendered 10/27/98 3. Because of the size and shape of the lot, the benefit of a shed cannot be obtained without the granting of a setback variance. 4. The requested variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The grant of the requested variance is the minimum necessary and adequate to enable the applicant to obtain the benefit of protected storage space while preserving and protecting the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE CONDITION that the shed shall contain no utilities. VOTE OF THE BOARD: GOEHRINGER, DINIZIO, COLLINS, HORNING. (Absent due to bereavement was: Member Tortora). This Resolution was duly adopted by all the members present (4-0). GERARD P. GOEHRINGER CHAIRMAN Approved for Filing 1000-51-1-7 p- AND FILED BY SOI3THCOLD 1CDVvgi OI,I; Z HOUR Tblo'� To7,qn of Southold OFFICE or .: JNING BOARD OFAi s� S 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ September 2,1998 Re: Application Notice Requirements Hearing Date: Thursday,October 15, 1998 Dear/�. / For your review and transmittals, please find enclosed a copy of the Legal Notice regarding your application. Our department will publish the Notice in next week's issue of the L.I. Traveler newspaper. Pursuant to the provisions of Chapter 58 of the Southold Town Code, notice of your application and hearing must now be sent, by certified mail, return receipt requested, to the all surrounding property owners together with a copy of a map or sketch describing the location and/or use of the property or new construction. Please send the notices by x°15 (.earlier.preferred). Owners of vacant property and other properties, surrounding your project, along all sides and abutting the boundaries of the subject lot are those as listed on the assessment rolls. A copy of Chapter 58 is enclosed for your reference. Please also post the enclosed sign on your property at.' ten (10) feet, or closer, to the front property line, facing the street by 10/7. The sign must remain for a period of , not less than seven (7) days) . Once the sign is placed, please. complete and return the Affidavit of Posting to us. If another sign is needed, please let us know. When the Certified Mailings have been sent, please furnish your Affidavit of Mailing to us as soon as possible, together with white certified mail receipts postmarked by the post office. Once the green/signature cards are returned to you by the post office, please file them with us. These will all be made a part of your permanent file as proof of service under Chapter 58. In the event there is any signature card that was not returned to' you, please confirm the same at the public hearing for an update and record purposes. Thank you. Very truly yours, Enclosures Office of the ZBA appilaant.ln.d o T •, purs�ant'ktl ch or a aft WSoutl BER -1-5 ;below".W64sifild.... -STRE to s'!l lib owner. V. �-A XE 7�01 un _an e W 'dw­, Wbieal eJ d, mer".16 Afi °froiiir6k %dth& th _,�--V,si eya eitg?1.23: Gtchogi _650 -,,:,MRYUl Ty plica *60, 5201,., n ParP.q1-AA00-1 tb Distric 94 6155 st P.M, ofCIR-p FALC the -_TforFa:_V. a_n­a;_;­R_' ,'.bf-the lowing c0qAmcle - *A3j The Board of Appeals will at said tirie and place hekr-any,and­,,' .., ­71.1 11-1L. 1 -td- V;* %aiggpi. 41'11644ZO'1-4:;�: ' pool'stii t4i 1EALS Ed hques .m 'il 453095 1045 eD R�iArticleIll,t.,, - ParciF10W-:9 OCT 7:00 p.m. To p�e BURNHAM . atei�& .Secop 'onmj BU °�iAcl r 'gniijorL 0go ri Permit A - 6?Mii&st 2 T", at`- - "A TU -0 ((Lon a single lot tiiildin :,46i1400_26, `104 nUssjq_A qri�, it'sfiow ( ­ldbe. OU f "'P of, o enms Ty _; Ptli` roW , e, , located at Derbies t;ove,,:r-nvate- *60, r.-alovig_ Rbad.,:(eitending,,6, batiqI st side-ofiPen1nsulaR6adjisier's ofCIR-p L9, lslandiNY�)v`` "U Ri in age building in the rear yard with The Board of Appeals will at said tirie and place hekr-any,and­,,' 9,� at qqired..75F,.ft., fr6-m gkittinib'Wk- head; . Locafidn�6f? . r6perty-: . 6�3 0 all,ipersons'., ovireprekentativm desiring to be heard in;the above; 41'11644ZO'1-4:;�: ' Teiip6m Djiv'er,�3reenp`&�,'_J�-Y; Pkcd'1.060i5721 1":ili6 ief6*d application or desiring toy sub--,., mit,-iv bqpre' ritteri�statemen i tsj Ed hques .m 'il A�hf; the 6n& of,,,eacl�,-6anng- r h _; Ptli` roW , e, , located at Derbies t;ove,,:r-nvate- *60, r.-alovig_ Rbad.,:(eitending,,6, batiqI 50'G&at.�J side-ofiPen1nsulaR6adjisier's ofCIR-p f- 'Laiiiel lslandiNY�)v`` "U Ri elo* - id. th dlz�aof y Side9'o- erty:.;2615 Plitt Road YANS',AND"yFRANCOIS5 N, X �, 8; 41'11644ZO'1-4:;�: ' q fia7. Sett le 4'1�' " WL Q Y�; 11 )pL No. --4608- Ed hques .m 'il upon me Building -jnspp60q,r,',s limist 20-- 199 S7 A" �8-.-N666&,ofW District: djntial" AmWa0r.- pF ,yana is' At IR1 !'w id:Wtbatk less,:., *60, tq I'W'232A'coi�- e'_X'1sfin'g;i 'hik'on"bW= 614eqtpre d,., uflairig,, r on-li e us' 61fabitabli"' i e;qt p 'er- tm 'Windraill h 11 elo* - id. th dt� ocati an - ocatioh... :"ii, i4piboll, erty:.;2615 Plitt Road Sdffblk-'AVenq6,: also shown as -Lot i 41'11644ZO'1-4:;�: ' q fia7. Sett le 4'1�' " WL Q Y�; 11 )pL No. --4608- Parc61-146.1600:;27 REY,'411.ariance: R�iArticleIll,t.,, - 7:20 m. Appl. I G11(4i0r3.QA,4 d Bi. OA To p�e or,a,, f A.0oh e.man­ ,Tequiredrear .!t .Secop 'onmj BU °�iAcl "'i URO 'i*"e"c'i Permit A - 6?Mii&st 2 p6ged deck-*additibi -bxc&dthef200y'o-hrd:i tial ilot;-, . covera , 9.re.�,,] 7:25 ,ncls;'.':_ 0UU rZo�ne712 i 4-'R-. —MA an loc R&No-, j ,a pro= .1 bui 1e 111 SE 23 Fr. Pau a ap] by, Y; s r}i i l LA C: He .: shi 0, 7,4,_,:40 :0.rn:, ?A.ppl.. 462 th -B "IdW­ g­J1_R4zP",9'-qt 9" _14 se -dA Dis- �jb4 pp_m) Section `!X00-I39.'4B-,'(7,6niiij)'f6ta V R ,are, n0(y0jtatq',F, vii dd�epp�han DatW:'�e *,te.. ffibpi.,29,3998- 'BY S MHOLD,70WIV d lot g,v-, ol -�-BOAI aiir an Pat mtotljof . - GERARDMOEHRINGM j6 e By1inda Kowalski 5'es:� e ted �,!EX-10/8/98(3,13) Disapprove -I) - ----------- - Sbudi'Si ien ing 0 the ..,f ........... I al6fig the E-ast". en mg 0 .... .. .. .... 119...... ............ .......... re m'i A .. ........ . . . ..... ............ trRis � . ........ �T &ORS 3f' ,e of e this ...... ............ -toiIjUd f 14;. /19 .... .......... ... 1.0i w eU&S"' of isaP�royaY� welliii9 _11,.,q.,--,-d1�e ....... ... ...... ue)IocatiN le S 9 on:M "if ;Mary Public ,0 Main ' -Road)% irmc * ; .000-69 T, BARBARA A. SCHNEIDER ;sid6L 1- entj& Jd-i- NOTARY PUBLIC, State of New York )kNo4618 _-VO No. 4806846 his _Mak'6T_9qdu9sWt Qualified in Suffolk C aWou; .the l Commission Expires V/ /A664 uat o�i V,al)';,f1#a!,.,v ;nn - .e XXIV; Section,: 0010*anlaI�i- j",_jt#C - accessory. VAt-.d'140,JG1E - S#4r..b NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: Goro&ar DATE OF PUBLIC HEARING: oc7r-mo6rle 14r, /998 7vilo pr,. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 �tcGK�.'EA,D SETB:.cK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 9, 1998 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: Zoning Appeal No. 4620 - George 8 Gail Berkes Starkie Transmitted herewith is Zoning Appeal 4620 - George H. & Gail Berkes Starkie - Also included is Notice Of Disapproval with Application For Building Permit attached, ZBA Questionnaire, Transactional Disclosure Form, copy of Property Record Card, copy of plans, copy of survey, letter from Town Of Southold Board Of Town Trustees dated June 4, 1998 and DEC Letter Of Non -Jurisdiction dated July7, 1998. ..Vr �Mgns67 ap: �z­ 77� a wn-t J, V: zz �x :j 40RI VAF P 6-70.0" 43t6Z-30-E iOO. op, 0 MR SUFFOLK'C0V1V7y - TAX MAP': C7 -loll -57 '54" jg- !z Lo r �Mgns67 ap: �z­ 77� a wn-t J, V: zz �x :j 40RI VAF P 6-70.0" 43t6Z-30-E iOO. op, 0 MR 7tV6P--IAI. AIVD ON 716- PER ,717- -70 COV,5-7R- OC 0 T' 3-9 AJAR OF .504VrH0ZD -SHORES ,5'17UA 7-E IN ARSNAMOMAQUE SUFFOLK C01_1#V7-Y /V&&- W YORX - AfqDe FOR GEOR<7'e- 4)t GA/,L 57-ARNE DONALD ^7- AgAYZ4rY so& MOLD I H. Y. 4N611V_-,S? LANA _TdRJCY4R /V. Y. LAmwe- Va. 28al., . . zr,uEz .1" =_30' - - -.- I 0A7E'._­1Vt0V 2,, 1987 POE 4,) t1,/ 24,Z' 2977C \' VA NJK A rz, 5. o L ,r Ext6r/i-rr RErE. F0411MO ITED 71111,96 . FAT l a DZCXIA16 ON GRADE SUFFOLK'C0V1V7y - TAX MAP': C7 -loll -57 '54" jg- !z Lo r APDL/CANT : .GEORGE STARXICC, Z9 . WA L /VU 7- ST. L Pqoyc: .514 -360- 0:56 9 ETAINWG WALL AM 1"A1V1Z1,4R Wlrll TI -16 S7'qlVDqRDS /--oRAx PRO I-,qZ AND C6NT7._RUC7-101V of SUB SUR _FACE SEWAGE K 045�OSYSTEMS OSAL BY 7HE colvolrloms+ s67., oe7?v 7tV6P--IAI. AIVD ON 716- PER ,717- -70 COV,5-7R- OC 0 T' 3-9 AJAR OF .504VrH0ZD -SHORES ,5'17UA 7-E IN ARSNAMOMAQUE SUFFOLK C01_1#V7-Y /V&&- W YORX - AfqDe FOR GEOR<7'e- 4)t GA/,L 57-ARNE DONALD ^7- AgAYZ4rY so& MOLD I H. Y. 4N611V_-,S? LANA _TdRJCY4R /V. Y. LAmwe- Va. 28al., . . zr,uEz .1" =_30' - - -.- I 0A7E'._­1Vt0V 2,, 1987 POE 4,) t1,/ 24,Z' 2977C \' VA NJK A rz, 5. o L ,r Ext6r/i-rr RErE. F0411MO ITED 71111,96 . FAT l a DZCXIA16 ON GRADE 125 JV63"-:5Z-'30"W .001 ZL.'5.O `° C Ad' go'"Y A m '54" jg- !z L ETAINWG WALL 125 JV63"-:5Z-'30"W .001 ZL.'5.O `° C Ad' go'"Y A m REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): 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: fie, stied Lc, i (( v)of he u 1s i bl e, it wr ( I i"ctf-c% Wke, Chi-&Itech-c.tre;, of Tke-, eXtsi tn-9 house-, avd C, be., cippropr iafie(� )and scckpe cc civict 'c,J; (( -Pi f cies Ca((. ?rUe�- my the exj 4�e- ed�e�acFe,+- c��' %ems hec hborh 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue,, other than an area variance BECAUSE:-r-ke-re. is no Ckppropricfe, Spictce C�VI�c(c��oj ©tker tl-rer, the s ttje, re u es�f'e . T6 is ct rte, e on G f I fi c d -es Owr\er� , 111,Cac6c CAre, sxce-, H_ Is etc(j'gc_,en-f tO 9CCraVe_, 'ek tt ano pi�-ujay 45 w e C( f6r Con Ve n r evlt access. 3. The amount of relief requested is not'substantial BECAUSE `f"he- GC&LLXv^o- ap peeto cxnc e cep it '1I riot toe, 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, BECAUSE It (.Ji l I n& Ioe (_)rS Io(ei to 't(il+- t��(f��`'JOY �1C�CX.Q nor (._ i l ( if Si V 1CCC( q�- 1 VI n e ftAe ph tic eov►c� L i C�F1S . `1%e: p r � �:� i w i (1 Ino cot r� v� ec`l nc�r I a pcec�= 5. Has the alleged difficulty been self-created? ( ) Yes.. No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood.and the -health, safety and'welfare of the community. STATE OF NEW YORK) ��� " COUNTY OF SUFFOLK) p _ „ 19 (Applicant) Agent must attach written consent from owner. Sworn to before me this day of , 19 T? u- nn� Notary Public EDYTHE V. MULLEN NOTARY PUBLIC, State of New Ywk Txr#:xzxyrx::tie::aee: No. X6895193 Qualified in Suffolk County :xt1:C/form. var/teffiD Commission Expires May 26, 19 Albert J. Krupski, President James King, Vice -President Henry Smith Artie Foster Ken Poliwoda June 4, 1998 George Starkie P.O. Box 1503 Southold NY 11971 RE: SCT #57-1-7 Dear Mr. Starkie, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 The following action was taken at the Southold Town Board of Trustees meeting on May 28,:1998: RESOLVED, that the Southold Town Board of Trustees approve the request for a Waiver from the full permit process to construct a 16' X 20' storage shed, based on receiving new drawing dated.and received in this office on June 4, 1998. However, this does not constitute approval from any other agencies. If you have any questions, please call our office at 765-1892. Sincerely, Sincerely, 9-V v Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. Bldg. Dept. New York State Department of Environmental Conservation Division of Environmental Permits Rm 121, Building 40 -SUNY Stony Brook, New York 11790-2356 Telephone (516) 444-0365 Facsimile (516) 444-0360 John P. Cahill Commissioner LETTER OF NON -JURISDICTION George Starkie P.O. Box 1503 Southold, NY 11971 Date: July 7, 1998 RE: 1-4738-00978/00005 630 Tarpon Drive Southold, NY 11971 SCTM# 1000-57-1-7 Dear Mr. Starkie: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the bulkhead greater than 100 feet in length and constructed prior to 8/20/77 as shown on Aerographics Corp. aerial photograph dated 4/06/76 (67075 73-2046) and_ Tidal Wetlands aerial photograph 683, 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. Sincerel/y yours; John A. Wieland Deputy Permit Administrator cc: BMHP File QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of Ithe 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.) aL a S-rapw �C Jr - CAU_ BE(?KGS STARWIE B. Is the subject premises listed on the real—estate market for -sale or being shown to prospective buyers? { } Yes { /V\} No. (1f Yes, p1 -ease attach cagy 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 th6 map submitted with this application? — ncu 3. Is the property bulkheaded between the wetlands area and the upland building area? _ P1 0- 4. If your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A_ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencers which exist and are not shown on the survey map that you arc submitting? 110n a If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? � 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? 1_ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel res IdVrn;L16, /� 1 and proposed use roc- i ri 0.hkirAr na- _ Authorized Signature and Date 3/87, 10/901k The Town of Sout interest on the Purpose of this alert the town o APPLICANT TRANSACTIONAL DISCLOSURW FORH 's code of Ethics Prohibits conflicts _of town officers and employees. The is to provide information which can. ssible conflicts of interest and allo action is necessary to avoid same. YOUR NAME: &G:NC&[J STA1 Ki O GA ( LB.ifW s S I (Last -name, first na e, middle -initial,. unless you are applying in he name of someone else or other entity, such as a company. If so, indicate 'the other person's or company's name.) NATURE OF APPLICATIONS (Check all that apply.) Tax grievance Variance . ' Change of zone Approval -of pla t Exemption from plat or official map Other (If "Other," name the activity.). Do you personally (or through your company, 'spouse, sibling,. parent, or child) have a relationship with any officer or employee of.bhe 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 _< 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,' parent', or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock or the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual.applicant. DESCRIPTION OF RELATIONSTIIP Submitted this Cio day of j 7199 Signature P r i n L• name