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HomeMy WebLinkAbout4771 f APPEALS BOARD MEMBERS SpFFO(,� Southold Town Hall Gerard P. Goehringer, Chairman �� G'l� 53095 Main Road James Dinizio, Jr. ti P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 Lora S. Collins �y O�� ZBA Fax (516) 765-9064 George Horning �Ol * �a Telephone (516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 1999 Appl. No. 4771 - LEWIS EDSON, Owner (Mary Kirsch, Contract Vendee) STREET& LOCATION: 9720 Main Bayview Road, Southold 1000-87-5-24 DATE OF PUBLIC HEARING: December 14, 1999 FINDINGS OF FACT PROPERTY FACTS: The applicant's property is vacant and consists of 54,301 sq. ft. with 135 ft. lot width along Main Bayview Road and lot depth of 450 feet. The June 9, 1999 survey also shows a 20' right-of-way at the rear of the property leading to Corey Creek. The lot is zoned Residential. BASIS OF APPEAL: The Building Inspector's Notice of Disapproval dated November 8, 1999, stating that the proposed 30-foot setback of the house from the right of way on the east side is less than the 50-foot front yard required by Code Section 100-244(B). AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing location of a house as proposed in the application, at 30 feet from the right of way along the east side of the property; the setbacks from the westerly lot line (20 feet), and from Main Bayview Road and the rear lot line, satisfy the Code. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The location of the proposed house is constrained by the presence of wetlands. The 20-foot right-of-way along the east side of the property reduces the effective width of the property to about 100 feet in the area in which the house is to be located. Compliance with the 50-foot setback requirement from the right-of-way, and with the minimum 20-foot side yard requirement on the west side, would leave little lot width for the house. Thus, in order to build a house of reasonable size and shape, applicant requires a setback variance. (2) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the requested 30- foot setback is from a lightly used private right-of-way. The position of the house on the Page 2 -December 14, 1999 Appl. No. 4771 - Lewis Edson(Kirsch) ' 1000-87-5-24 at Southold property will be such that, viewed from Main Bayview Road, it will have ample yards on both the east and west sides. (3) The environmental implications of the house location have been reviewed by both the Department of Environmental Conservation and the Town Trustees. (4) Grant of the requested variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of a house in a feasible and desirable location while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Collins and Horning.) Absent was: Member Tortora.) This Resolution was duly aadop-d (4-0I-> GERARD P. GOE ER CHAIRMAN 12/21/9 Approved for Filing '�u'.hold w ar ,�'-�"'j Se � ,. dwellydg on Hns2$526f aA ,, " '", . (2)uarler Article III-As ��'� z 30A, „to ,removes ,o} Condi[io>iaeG.forth m.ep 3303.ts5uCt1brua53'-I4�' '^ restricts the piopetty froa#a`' another .dwelling; �� �li� Artiele;HUY,f'Secfioh IQO- ,q. based upotr the �iul Department's August of DisapprovaF which reada`ua , ' -k ,,1E OF HEARINSE lows bLD TOWlTI Imposed construchoµ W, 'AFAPPEALS+ family dwelling not Permtd '1'11ll ESDAY, ` suam to Article'IHA,Seetro}ty'60.^' 1�rCEMSER 14,1"9, 30A(,1) which allgws o "iy 'a " 9 N1T' E IS HEREBY GIy.EN, ' detached dwellings,not C ��,�„ pursuaii;,w section 267 of the-2'owu one t w Ring on each lot t Lawian Ahe ..,Code the 1b : ro ect4iala Ledo •, -. - +•:.Town of P 1 , n a clot � >.. Bo �� followingo anea7stm onafamii � � � ���_Of Matiltuck, am n, B Y¢w' is w ' dorpublicheat'_gS;F}ptlte a"segaratetwofagiily, w f 'n, Says that he 50. _ 1'(fN'N..B¢A1DFri; ZBt1# 303Y.In adds pe APB at the Southold"1'ow i: stntctum bas frooryard Main Road, Spgthdld 2216etand a sidq, azd.o 1197I o>i z >ot Aished at Mattit d i9v9 at s>ne fit),, u F m.County of S' v of soon thereafteY'as 2�!lB' uues aa'90 n ' t': C posstb � fmnt_yar¢t'setbacicanda ' that the Notice ,�,,, A,ppl No.47661'y�311E3 minmium si3e ya'tilse copy, has bee e nc�le. In request [ij a»� -Mug e Newspaper on d upon the lot an:les an25legt{or weeks SUCCE D es,',October A andone ai yard atlew approval of•aslttulding ('rnts'nohfieubased`', the`. ' ,kl ttontocoIS aoi = app�tcajpgn filed wayi the a wnthfaYront�set Deg ai'tmeatud,Dtsa,.pptovdi� f k .,5 40feetaadryar{11 27 .1;994td does', r SU feet 'iI s lot contains v reggbstib4.d'u[uretqmunsn 1,Wt s�.�t wttlt 22 t or �t off�divisioti4 i3Loca�' doe`south s de PrQpesL , ' et S '" " Principal StreeX,,;(r�e,9tPor4aFkv No long s�3 ton 2M"amp za 59;ava 60 � -1 Par&l N QOY}48-3 2F1, RRI$C sly t5+"aq 4ananceuner ��r�'14e.P oa100 44 ,"b� 1i uedlGonf.Nov in 'jj ,y ng Department's, c mg Tot coverage ands setb ckYar} - �FFO� once of Disappm of a ancO*m4g ".'"': IVI19 EXPIRES R min apphpatyon. e coin 7 AEpPI N& k t q rx dinon enclose �YusYni9, $� 11i`ARY IfdRScH, ' "panel axtach Vendee).'Mis is SP'i m nto dwelhng.Itie x tuig Var nceuaderAmc s> kofrhegarageaslessil` .N De trireme ofi "eiey p prtmedt's o at,les�,iha eeF:� NoticzeotTYi5approvaTa in i Prf+'. FrY> non,, � No R99 a 3" •47711 as is a z fqz 7 +�ppl Npyfi3 "„t3 d under A'lq"cl Il eort m �CYti:4NNE] JCE based upon tI(e id San `�3�'ontrac ?endeeg w ..:,� �o � 'f sf a Waz3.ot �' tun �00a pphcagon, s fice GpP Y i s, w th aSront par `se, r the DeP t � w SO f Ofron€ o itt cams t�ec it to ry w a i �e �encmg„#oc,`,thc tens subsfand'lot,forrL'e`'#gtlo`'"' .--.. . roposedt.a.]ietgF�.42; t� sonsr~u�.� .'f Propekgc. A>noocoaformmg.l' ha0 assau Pomr `'�' with any ]aceat}c f m43' n � °lot Mapea � - ,he �gmngl t for a B `aa a t he afcammmon, :;use asp i4"i ' c wi{I�a 4t'1j�1o4S4I SeCt[0�, }i 34 ?4�d.3-#. Loca Ave�j�tucic; �Y „ths e i "Avei�u Skint Su io Ref,. App s Ris Al 4 o , x f e v for 'me�iag h trtnit{ eapph or s tint�na 1 � Ar „ .�x'Sech� an o wttheLCoc 19mrtation , Pe a SeR _ -of ` vate�Road"'Y 4 as i to � 8arxt �S�,t,)<Rante ) gent I`lY county" { ) a}rancas bd"sed on she P ceL o 1C00 ISM`- 13' is A Sri; Octt be 41% 1998 nildm3 e : FFIa a Par ttgv xotide o pisal- al alss a-$rs that I.%apphcat n P o 1oc, tp i i +vtelh for , oEaer e � '. e ` Fo - e F - �' , from f „�a s) p 1 H eNt'he Zoam m 4Y "j1) nude[ A� R is actt`peimittad m "',�" pursuant to Article^:,. i� 4jft� gr�d;e 7�3f✓ �3 FbRM NO.3 TOWN OF SOUTHOLD �y" BUILDING DEPARTMENT � u ` SOUTHOLD, N.Y. �2 s t 6 F"ajo NOTICE OF DISAPPROVAL l�t DATE; November 8, 1999 TO Patricia Moore A/C Kirsch 51020 Main Road Southold NY Please take notice that your application dated November 8 1999 For permit for one family dwelling at Location of property 9720 Main Bayview Southold County Tax Map No. 1000 - Section 87 Block 5 Lot 24 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds pursuant to Article=V Section 100- 244B requires minimum front yard setback of 50 (fifty)feet. Subject lot has frontage on both Main Bavview and a private right of way on east side, this east frontage is shown with a 30 (thirty)foot setback where 50'would be required. -- - - - --- ----------- . Authorized nature FORM NO. 1 3RD OF HEALTH . . . . . . . . . . . . . . . SETS OF PLANS . . . . . TOVN OF SOUTHOLD SURVEY BUILDING DEPARTMENT CHECK . . . . . . . . TOWN HALL SEPTIC FORM SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL .. . . . . . .. . . . . . . Ermined.................. 19.... MAIL TO: . . .. _ . . . . . . . . . . . . . . Approved.................. 19.... Permit No. Disapproved a/c .................................. R '(Building Inspector). .... . . _ 1 t? 'o� APPLICATION FOR BUILDING PERMIT „ Date. . . . . . . . . . . . . 19CL �._ N INSTRUCTIONS a. Phis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector wit 3 sets of plans, accurate lot Tan to-scale. P P Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a 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 may not be commenced before issuance of Building Permit. d, Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. AP11LICATICK IS HEREBY MATE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Token of Southold, Suffolk County, New York, and other applicable Laws, 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, ordinance building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for - es 'nspections. •! ..,... •....... ...................... ........ . (`Signature.of applicant, /oor name, iif- a corporation) (Mailing address of applicant) State whether applicant /is' owner lessee, agent architect, engineer, gepnera contractor, electrician, plumber or builder q ?'f .. /C! 2 �leae ��1clXt� — DGc a2nr L Casco .. ............. .1.... ... ... .. ... •••._/'�vrc hQK. - MGriry Kars tG> Nateof owner of premises ................ ........................................................ ................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name and title of corporate officer) Builders License No. ......................... Plumbers License No. ......................... Electricians License No ..................... Other Trade's License No .................... l-7 o1-0 1. Location of land on which proposed work will be done...... /LctC ..... t........................................................ ... �F G ...nc� l✓,�6 .s .. �... House Number Street Hamlet County Tax Map No. -1000 Section ...d,7... . Block �?; -Z Subdivision ................... .................... Filed Map No. ................ Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..... e� b. Intended use and occupancy ......rCy lG�f�t a- Q Nature of work (check which applicable): New Building ......... Addition .......... Alteration .......... Repair ............. Removal ..............,Demolition ............. Other Work ................................... (Description) Estimated Cost ......................... fee (to be paid on filing this application) If d:elling, nurber of dwelling units ............. ti.uber of dwelling units on each floor ................ Ifgarage, number of cars ...................................... If business, commercial or mixed occupancy, specify nature and extent of each type of use...................... Dimensions of.existing structures, if any: Front................ Rear ............... Depth ................. Ileight ......................... ilrber of Stories ...................... Dimensions of same structure with alterations or additions: Front ............... Rear ............... Depth .................... Beight .................... Nxber of Stories ............... Dimensions of entire new construction: Front ................ Rear ............... Depth .............. Iieifiht ......................... Nnber of Stories ..................... Size of lot: Front .................... Rear .................... Depth ..............:..... Date of Purchase ..................... Name of Former Owner ........................................ Tone or use district in wirichpremises are situated ............................................................... Does proposed construction violate any.zoning law, ordinance or regulation: ........................ Will lot be regraded .................... Will excess fill be removed from,premises: YES 'NJ Names of Owner of premises ............................ Address ........... Phone No. ............. Nameof Architect .................................... Address .............................. Phone No. ....... Name of Contractor ................................... Address ................................Rhone No. Is tlhis property within 300 feet of a tidal wetland? * YES .......... NO .......... *IF YES, S(1LMM MN T1iL15iFES:PUMIT MAY BE'WJWIRED. PLOT DIAGRAM Locate clearly and distinctly all buildings, chether existing or proposed, and indicate all set-back dimensions vim property lines. Give street and block n6mber or description.. according to deed, and show street names'ard tm c'ate'"' rather interior or corner lot. 1 �/ 'niE OF 9,V Y( ss �.i7UN[Y DF �"E' ...... 'w t .�.: .......?........_....being duly sworn, deposes and says that he is Lbe applicant i4ame of individual signing contract) ix ve roamed J s is the .......... t , age �d2 (Contractor. ..... , corporate.officer,.etc.) said weer, or.owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements crnrtained in this application are true to the best of his knowledge and belief; and Ihat the work wi.11. be performed .hammer :see forth in the application filed therewith. am to before me this I�.......day of ... ... .... .19•��• . Notary Public ... ..........:........ ...... ROBER7I.SC JR: (Signatvre'of Applicant) Notary Public.$tat f New York IIualified in Su Ik County No.01 SC472" Term Expires May 31, TOWN OF SOUTHOLD, NEW YORK APPEAL FROM_DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. T'D TI IE ZONING BOARD Or APPEALS, TOWN OF SOUTHOLD, N. Y. Mar Kirsch t 1 clee 1, (We) ... _ _.J�w�ac......v�i...... of»..,...> Main»Ba�YRR1d.»Southold................. Nome of Appellant Street and Number { IVY ......... ...................................... ..........................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM TI1E DECISION OF THE BUILDING INSPECIOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO » »» »»Nome of Applicant for permit of Street and Number Mun)cipatity »» State» ( ) PERMIT TO*USE ( ) PERMIT FOR OCCUPANCY ( I variance 1`. LOCATION OF THE PROPERTY ,»9720 Main Bayview Road, Southold r-40 .. .. .. ....,...,., street /iiatnle� Zoning j Use District on Zoning Mop District 1000 Section 87 'Block 5 Lot 24 Lewis Edson _.._»..._. Current Owner Mop N »o. Lot No. Prior Owner 2, PROVISION (S) OF TW ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph;of the Zoning Ordinance by number. Do not gyote the Ordinance.) Article XX►v` Section -24q e> 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( Y4 A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous-appeal (hos) (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 wo's node in Appear No. .. .............................Dated ....,........................r...... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 ( X) A Variance to the Zoning Ordinance Is requested for the reason that proposed house can .not comply with -front P Y yard setback from a right-of-way; proposed setback is 30 feet from right-of-way and 50 feet from side property line. Form znr (Continue on other side) REASONS FOR AREA VARIANCE for ONLY (to .be completed ,bv applicant) :, Do not use these standards "use variance" or 'wspecia1 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: 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: 3 . The amount ,of 'relief _requested .is: not' substantial BECAUSE 4 . The variance; will NOT have an adverse effect or impact on the j physical or environmental conditions in the' neighbor hood` or district BECAUSE 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) (Applicant) Agent must attach written consent from owner. Sworn to before me this day of 19 Notary Public cx--1x/form.varltemp TOWN OF SOUTHOLD PROPERTY RECORD CARD - OWNER STREET VILLAGE DIST. Sl)B. LOT FORMER OWNER N E ACR, S W TYPE OF BUILDING RES. SEAS. VL: 7�f FARM COMM. CB. MILS. Mkt. Value i LAND IMP. TOTAL / DATE REMARKS E r Tillable FRONTAGE ON WATER 'Woodland FRONTAGE ON ROAD Meadowkmd DEPTH HWse Plot BULKHEAD ,Total SURVEY OF PROPERTY Al SITUATED AT KP�w.�'1, I SOUTHOLD y� TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW PORK S.C. TAX No. 1000-87-05-24 SCALE 1"=80' APRIL 7, 1999 MAY 7, 1999 (REVISED PLOT PLAN) a L 1 L JUNE.9 IS" (REVISED PLOT PLAN) : • �Y+t�1 b • pt Y AREA - 1.247 .9. aq ft. j CERTIFIED TO MARY KIISCN 110' X TEST HOLE DATA (TEST ROLE WG BY&ROOWa D=C ON.MNRcn 12.1999) `SE yb°y�r a�. a 4tvi.R �c3 _ .PE e.NwN B.R o.N,RIN b a. A I. 10 awnxL xxx— No I / TYPICAL SEWAGE DISPOSAL SYSTEM 1 / LMM /4 s rt I PI - j PREPMEO IN F TITLEAWIN'NS, THE 1ANIUVu T Sr4T fEOR TITLE SIIR(EYS IS fSGBLpIEp FJCN u S9v THE NEW ttMX SiAiE LAND j . LAND J 1 1:10 ♦ __ T � N Y 5. Lic No 49668 l kF,r. NE oNA*FONIZEB.AUEVAICI oz noCYCH THIS EDRN A NpIATIOx DP Jos@p A. Ingegno AcnIS P7SONARR OF iAE XEW ON srAlE C�.. EWG11oN IAW. THE OF J RSS 11Mp SNOTMALL 6EAXIN4 Land Surveyor PAS ONDMEM suRlcY0X5 INKED E CO OR EMBOSSED LID sAE NOT BE CONSIDERED 10 BE A VALID RtIIE COPY. CORTFCATONs xA.Tf)HEREDN MIAR,F C.Ly TO T 1. C. RE.XNc j 5 PREPARES Mp 0 HIS 9NWf TO THE Tit"SNVCyS—$YM`MM- S(a AI — coof CMN(Hypo! RRE l=MoN.WJERNMEMAL ASEN Y AND 1ENOMO INCROLFROM:U6T PHONE N XENI ANC ME uv..or TxE..HO IN, PE (51 BYI27-2090 Fax (515)722-3093 I TION.cERIHIFN N5 ABE'NET TRWSRRADtE. THE EU'STENCE Of 916HT5 OF WAY - OFFICE$LOCATES AT AWWIf.ASORE"jS AND/OR EASEMENTS OF RECOR0. If 0 U Ion% P.O..Box 1931 ANY,NOT.SHOWN ARE NOT GOARAMEEO Ai ABgNx,New Yo,k 1193, RrveMpod,NeN York 11901 COUNTY OF SUFFOL, , I � JA1N - 3 ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES., A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING December 28, 1999 Town of Southold Zoning Board of Appeals 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. Annlicant(s) Municipal File Number(sl Wetzel, Edward and Audry* 4755 Poggi, Richard 4761 Kalogeras, George 4768 Morris, Douglas 4769 Riley, James 4770 ,-Kirsch, Mary (contract vendee) r-��,,/ 4771 Bahrenburg, D. Claeys 4774 *The removal of a prior condition of approval by the ZBA on former Approval No. 1597 is not within the jurisdiction of the Planning Commission. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:ICCHORNY\ZON INGVON ING\WORKINGILDS\DEC\SD4755.WPD LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P. 0. BOX 6 100 ■ 100 VETERANS MEMORIAL HIGHWAY (5 16) 853-5 190 HAUPPAUGE, NY 11788-0099 TELECOPIER(51 6) 853-4044 ��O Gy1 o - co _ BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article YIV 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. Commission: X Variance from the Zoning Code, Article XXIV Section 100-2-44B Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No : 4771 Applicant: Mary Kirsch� CV Location ' of Affected Land : 9740 Main Bayview , Southold , NY County Tax Map Item No . : 1000- 87-5-24 Within 500 feet of: r r 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 Variance , front yard ROW (.ogres of Town file and related documents enclosed for your review. Dated : � � ��� V December 22, 1999 Fax Transmission to 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Variance Appl. No. 4771 - L. Edson (Kirsch) Dear Mrs. Moore: Enclosed please find a copy of the variance determination rendered December 14, 1999. As a reminder, construction activities are not permitted until a permit has been.issued for construction by the Building Department (765-1802) and other agencies having jurisdiction. A copy of the Board's determination was transmitted to the Building Department as an update to their file regarding your request for a ;• building permit. Very truly yours, - GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Original sent by Regular Mail also on 12122/99. �6 tJ � MES B / T •ti7A-- ' M 3oc•cl,� — N rA N '( \,�,\• :a�'Ct_—20 c7c �- �- -- � �- _�' � �L v 1 f G^N TM LEFFSP 7�6 ATlOITIOM / - (. ppttEy nTEstAAtION 1� T 5, v TT+Is v'a A YIOLA os of SECTION 7211 OF THE WW IDUCATION LAW: .. - _ A r• 8 `/I E YV �oPIEs OF`THIS SURVEY MAP NOT.11 kAfMf If E LAND-V°VE':O"'S i4Y'D E C d FMHOSSED SEAL SHALL NOT BE COfLS11D ^ Ta1'v� OF" SOUTNO,L p IO BE A YAOD TRUE COPY- �GA_/ GL'AiAli:5 iN7ICATED HEREON SNIL"T4�•. ��I c.K �/.�+r� /UYL�F.c�• �� r/OQ� ONLY TO THE PERSON FOR Y y!_ IS PREPARED,AND ON H•S�..: '" TITL`CCM?ANY,GOYECi.:.sHiAl --T�•/G. l\\ / // LENDh TOTiATGINTUTS E ION USTED 'A OF TT1E Ltfa4�Y - -�N Q SURV /�.Q S• SGA L E OO YU -GUARANTEES A*NOT i:A`�`SLo_;p JO ADDITIOTLAL W3wA �R E.c 1VF�'JR 7 j N, Y. O±tL4ERSj i- jr ELIZABETH A.NEVILLE �`1`O yy� Town Hall, 53095 Main Road TOWN CLERK cz P.O. Box 1179 W Southold, New York 11971 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Fax(516) 765-6145 � Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER ��1 �a� FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 8, 1999 RE: Zoning Appeal No. 4771 - Lewis Edson (Mary Kirsch) Transmitted herewith is Zoning Board Of Appeals Application 4771 - Lewis Edson (Mary Kirsch). Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Short Environmental Assessment Form, Notice Of Disapproval, Letter of Authorization, Letter of Disclosure and copies of Surveys. PATRICIA C. MOORE Attorney at Law ij W 51020 Main Road Southold,New York 11971 rr Tel: (631)765-4330 ° V0 Fax: (631)765=4643 lrUC 1999 11 ........ -_ ... r f-' November 8 , 1999 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re : Application for a variance for. Mary Kirsch Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1 . Application for variance 2 . Z.B.A. Questionnaire 3 . Disclosure Statement 4 . Filing fee check in the amount of $ - 5 . Short Environmental Assessment Form 6 . . Applicant Transactional Disclosure Forms 7 . Six copies of survey Please place this matter on your hearing calendar as soon as possible. Thank you. Very truly yours, Patricia C. Moore PCM/mr Encls . Reason for Appeal Continued Zoning Board of Appeals re : Mary Kirsch Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare - of the effected neighborhood or community. In performing this balancing . test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The subject property is one of three ' lots in Edson' s subdivision on Main Bayview Road, Southold. The subject property will contain a small 40 ' wide house with the maximum setback available from the right-of-way. The right-of-way . will be for driveway access to the rear property. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance . The decking - around the proposed house has been reduced to the minimum necessary to permit access around the house, The house is small, the lot is only 100 in width and the house must be set back from the wetlands on the adjacent property. The DEC and the Trustees have granted a wetland permit for the proposed location of the house . The 30 ' setback from the right-of-way is the ,maximum setback available on this property. 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance . A front yard setback can not be achieved from the right- of-way. The westerly side yard can not be reduced i because of the presence of wetlands within 51 feet of the deck. The set back has been approved by the DEC and Trustees . 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district . The proposed set back to the right-of-way will mitigate the impact to the environment by maintaining the maximum set back to the wetlands . 5 . The alleged difficulty was not self-created. The conditions of the property, topography and narrow lot, create the difficulty. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . The house is less than 40 ' in width and the decking on the sides has been reduced to only a pathway. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. sign tur State of New York ) ) ss County of Suffolk ) Sworn to this day Notary Public PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.486160 Commission Expires June 16, Firstlowne R.ealty March 16, 1999 To Whom It May Concern; I hereby grant permission to Mary Kirsch and/or Patricia Moore Esq. under contract vendee to research and/or obtain any and all permits for my property located at 9720 Main Bayvie\v Road Southold, tax map number 1000-87-5-24. If you have any further questions please call the undersigned at 765-2288. Lewis L. Edson, Broker First Towne Realty MAIN ROAD • BOX 15.'P L MAIN IZ OAD BOX 516 F. IS li1)SUN 5OUTHOLD, NEW YORI: 1 >:: (a l"I CI 10(;I tl:. NEW Y( 1R1; I I"15 (516) 765-2288 - PAX: (ilo' 1 I 'I1JSF1�IIIU�faiit DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of Mary Kirsch 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Mary Kirsch before the Southold Town Zoning Board of Appeals. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: November 8, 1999 G William . Moore 4 STIONNAIRE FOR FILING WITH YOUR Z.B.A: APPLICATION. A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a attached. )n of their interests: (Separate sheet may be son Bo Is the subject premises listed on the real estate market n oast -. sale or being shown to prospective buyers? X 1, Yes conditions" de sale. ) (If Yes, please attach copy Of C. Are there any proposals to change or alter land contours? { } Yes . (X) No D. 1.. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with / this application? yes 3 . . Is the proper bul-kh ed between the wetl ty ands area and the upland building area? no 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trus�ees for its determination of jurisdiction? yes E. Is there a depression or sloping elevation near the area of proposed yos sect(If not applicable an at or below f , state "N.A. " ) m sea ean SHOWN level. F. Are there any patios, concrete barriers, bulkheads or fences * you which exist and are not shown onthe survey map Sint.. ng? none If none exist, please state "none." G. Do you have any construction taking place at this time concerning your Premises? no If yes, please mibmit _.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at the parcel vacant residential and proposed use. Autho ized gnature and Date 3/87, 10/901k 1&.1&4(2187)—Text 12 617.21 SEAR PROJECT I.D.NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT IN (To be completed by Applicant or Project sponsor) I 2. PROJECT NAME 1. APPLICANTtsPONSOR Kirsch variance Mary Kirsch J. PROJECT LOCATION: 9720 Main Bayview Road, Southold Municipality t. PRECISE LOCATION(Street address and road intersections.Prominent landmarxs.ate„or Dravida maol 1000-87-5-24 vacant lot S.'IS PROPOSED ACTION: C` New ❑Exdansion Cl Modlllcationlalteratlon 6. DESCRIBE PROJECT BRIEFLY: construct single family residence 7. AMOUNT OF LAND AFFECTED: 1 �` acres Initially acres Ultimately 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes [�tla It No,describe briefly varaance from front yard set back from' - right-of-way S. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Par4/ForesUODan space C1 Otner r ri ❑Commercial ❑,agriculture El L�Residential 1�Industrial Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL,AGENCY(FEDERAL. STATES- OR LOCAL)?rr---11 (2yes ONO It yes,list agency(sl and Darmitl2oprovals DEC and Trustees 11. CCrOES ANY ASPECT OF THE Ar,-I.:N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? It ye--,list agtrcy name and permitlapproval DEC and Trustees 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Date: Apolicanllsponsor name: t Signature: II the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER -(Continued on reverse side ) AYYLLCANT TRANSACTIONAL DIFf'*,nSURE FORH The Town of Southold's Code of Ethics prohibits conflicts of, interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Mary Kirsch (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or .company's name,) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance Change of zone Approval of plat 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 the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) -a corporation-in which the town officer or employee owns more than 5% of the shares.. YES NO 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 of 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 RELATIONSHIP Submitted this day of-1 1 99 Signature Print name � ��1�S C� FOR BOARD AND STAFF USE Updated New Information . Southold Town Board of Appeals -3- January 31, 1963 Vote of the Beard: Ayes e - 14W. C,ill t spie, Mr. Bergen, and Mr. Grigonis. r� PURLMC kUUUt=Gs Appeal No. 541 - $t OO P.M. (E.S.T. ) , upon application of Lefferts P. Edson, Bayview, Southold, New York, for a serial exception in accordance with the zoning ordinance, article :-IZ, section 300, Paragraph 3A, for permissim to improve and expand a, non-co rci.al marina ix.= a residential district. Location of property: south side Bayview" Road, Southold, New York, bounded north by Bayview Road, , east by R. L. Hammel, south by Corey Creek and west by Jags Sitses. Fee paid $5.00. The Chairman opened the hearing by reading application for a special exception, legal notice of hearing, affidavit attesting to its publication in the official newspaper, and notice to the applicant. Tm CRAIR4ANs is there anyone present who wishes to speak for this appl icdlon' LEFFERW P. EDsCKs I wish to bulkhead the property. I will still have the existing channel. This marina has been in mince since prior to zoning and in order for to to improve that property Y must apply for a special eo "ption. we would not like to do any fsrher work until we have it established as a marina. MR. RON= TEMYt This is the first project the County Dredge will do, Corey Creek. The spoils will be placed on the sitses and victoria property which its right next to the Edson property and that is the malts reason Mr. Edson wants to bulkhead his property. This As now a non-com famirng use. MR. RDSOQit All of the share line of Corey Creek is privately owned except the point that Mats the road going to Laughing staters. Z have allowed nelOtbvre to use aw facility and wUh to continue that use. TW CnAtRNU t 2s the" anyone else pro omt, who w U&06 to speak in favor of this application? 4 ' Southold Town Board of Appeals -4- January 31, 1963 MR. k OWARD �=YX I speak; in favor as a neighbor, THE CHAIRMUs 3s there anyone present whowishes to :speak agaime t this application? (were was no response. ) MR. R. L. HAMMELs I am an adjoining property owner and I. do not exactly speak against. with the County coming in and benefi,tirig property miners with the spoils they are definitely irgprovin, tie pro-pert ,- wi the County imp*r:�v<N property I do not want to bwe legit with east a tw-', assc—Fis-It Increase on any property. i think we should do this as a joint venture. THE cHAnmNz I would suggest that you spealk to the Supervisor about having your property added to the project since a schedule Is being followed. THE CHA.TRMANa is there anything further (There was no response. ) After investigation and i3nspectim the Board finds that at present this facility, consisting chiefly of a canal 400 ft. by 60 ft. constructed In 1949 and 1950 is of limited usefulness. it is proposed to substantially Improve the docking and mooring facilitles for saran boats. Specillcalniy the of a two Lai nation An a s*tidentUl area. The zoard Is of the gpfaaLan that such a ;MW of the property Is co nsl etent With the dal W0144M and In a�at with long term policios of the Town and County with ro+gard to developing the waterfront. Me owner does not contemplate development of a commercial marina but' rather a glace where his taeuants and other neighbors may moor and dock their pleasure" boats. It should be noted that a prior existing non-c©ndbrming Malloplagl Use exist® C=MPOBed of local scallopers. Any substantial Increase in this type of activity would be regarded as an expansion of a non-conforming business use. in granting this a"lleation it in not the Intention to abOlfah or llnit unduly the use of the facilitrtea by local MMllogers* the public convenLence and Welfare and justice will be served and the legally established or permitted nee of neighbor giouthold Town E-_- _1,rd of Appeals -5- January 31, 1963 property and adjoining use districts will not be POrmamintly or substantially Injured and �the spirit of the ordinance will be observed, therefore On motion of Mr. aillispie, seconded .by 14r. Grigonis, itms RESOLVED that Lefferts P. rdson be granted permission to improve and expand a non-ca.mercial -tuacrina in a residential district with the following conditions: With the full understanding of the applicant all commercial arid/or 'business activity iu si?w ifically probibited or thesc. ;Ow ever i ill let,rini rii�a,�-'l "ehat * CO-1-1.1stitutes a ,b1,7,S Ine C'S activit-y the Boaxu is 0.4" the api.-nion that tCiis Cali-:1-itior" shoull-14-, be interpreted to distinguish possible kature activities which' are installed primarily for the convenience of local residents rather Cian, fox the profit of the owner. - Questions arising concerning interpretation of this condition should be referred to the Board Of' Appeals. Vote of the Board.,. Ayee.- - Mx. Gillispie, Mr. Bergen, and Mgr. Grigonis. on motion of mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that the minutes of January 18'. 1963 be approved as submitted. Vote of the Board: Ayes:- Mr. Gillipple, Mr. Bergen, and %U.e Surd of Appeals received a letter of acknowledgement fromnx. Herbert Rosenberg in reply to the Board's letter of January 18,1963 thanking him for hie faithful assistance and impartial analysis of problem relating to Zoning prior to his resignation- -from the Board of Appeals. on notion of Kr. aillispie, -secon&d by 14r. Bergen,- It was PJMMVED that the Board renew their subscription to the for 1963. DEC A 13�999 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK �-- ------� ----------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF Mary Kirsch POSTING (Names of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000-87-5-24 -----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C.Moore residing at 370 Terry Lane, Southold, New York,being duly sworn, depose and say that: On the 3rd day of December , 19 99 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon the property, locatedten(1:0),feet-or closer from the street or right-of-way- facing the street or facing each street or right of way abutting this property:* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing date was shown to be December 14, 1999. (Signature) Patricia C. Moore Sworn to before me this /Or"""_ day of December , 1999. :(_ J YANG M e.RunwO �ss �of ublic) osei2s OMW n suffak� *.near the entrance or driveway entrance,of the property, as the area most visible10, passerby. ; 1 � i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------------------------------------------------------x �l In the Matter of the Application of AFFIDAVIT OF Mary Kirsch MAILINGS L (Names of Applicants) Parcel ID#1000- 87-5-24 -----------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Karen Klimecko residing at 1265 Brigantine Dr Southold, New York,being duly sworn, depose and say that: On the 2 nd day of December , 19 99 , I personally mailed at the United States Post Office in Southold, New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X) Assessors, or() County Real Property Office Southold , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this 3 day of December , 19 99 ((ITT to aiy Public) wmwc.FturK0WW �,ohsunaccar� r�e�o f PLEASE list, on the back of this Affi r--dn a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. Z " 72 781 027 US Postal Service iReceipt for Certified Mail No Insurance Coverage Provided. Mary Kirsch Neighbor List Do not use for International Mail See reverse Sent to SCTM: 1000-87-5-24 Lisa Edson Street&Number 274 First Ave-A t 11- Post Office,State,&ZIP Code Lefferts Edson New York NY 10009 P.O. Box 1526 Postage $ 3 Southold,NY 11971 Certified Fee �• yt5 II 1000-87-5-22 Special Deliver HOL Lisa Edson Restrict Deli ry Fee Return eceipt Show i g iq A� Y 274 First Ave-Apt 11-G r whom D t I e t y9 New York,NY 10009 Re eiptShowingtowhom, Date,& dress ' Address 1000-87-5-25 O TOTAL Po s S Go M Postmark or Date Paul C. Matthews III € 465-2 Smithtown Blvd. L Nesconset,NY 11767 1000-88-3-23.1 l Richard L. Hammel N. Oak Road Laurel,NY 11948 1000-88-3-31 Theodore A. Eiring &Ano. 51-20 67th Street Woodside,NY 11377 1000-88-3-20 I PATRUA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 FIL E u Fax::(631)765-4643 December 2 , 1999 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors RE : Mary Kirsch 9720 Main Bay-view Rd. , Southold, NY SCTM# 1000-87-5-24 Dear Neighbor: I represent Mary Kirsch with regard to her property located at 9720 Main Bay-view Rd. , Southold, New York. She is requesting a variance to permit a dwelling with a setback less than 50 feet from a private right of way. . We have submitted the required application. The hearing on this matter has been scheduled for Tuesday, December 14, 1999 at 7 :40 p.m. at Southold Town Hall . Enclosed is the notice of public hearing and a survey of the premises indicating the proposed setback. If you have any questions, or you wish to support this application, please' do not hesitate to contact me . Very yours, RICIA C. MOORE PCM/kk Encls . NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, DECEMBER 14, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, DECEMBER 14, 1999 at the time noted below (or as soon thereafter is possible): 7:40 p.m. Appl. No. 4771 - LEWIS EDSON (MARY KIRSCH, Contract Vendee). This is a request for a Variance under Article XXIV, Section 100-244B, based upon the Building Department's November 81 1999 Notice of Disapproval for a permit to locate dwelling with a setback at less than 50 feet from a private right-of-way shown along the east side of the property. Location of Property: 9720 Main Bayview Road, Southold, NY; Parcel No. 100M7- 5-24. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: November 24, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-87-05-24 T SCALE 1"=80' ��F � ','� '. •' APRIL 7, 1999 MAY 7, 1999 (REVISED PLOT PLAN) JUNE 9. 1999 (REVISED PLOT PLAN) A Y AREA= 54,300.93 sq. ,1. ' �` \ .6A . g'�•'•` I CERTTEIED TO, '�" ,,`i /_yR%�� `• MARY KIRSCH ` TEST HOLE DATA fi (TEST HOLE DUG BY M OONAI n GEDECIENCF ON MARCH 12, 1999) ' Lo+Nr sAT r �Z4hr•t -_" __' y`�•?---JIX- ---• i TROT,,rx,°To.R,E vN°z. _:a - _ '. �%' ��•� ,u N rwE FRR.N me ro mMDE s.w>. Y: e:•i', _ /%/.i' _ .. ro....,..�...,,....�,.f.., ..,.... / TYPICAL SEWAGE DISPOSAL SYSTEM o PREPMED IN ACCORDANCE ttM THE MINIMUM STANDARD$FOR TITLE SURVEYS AS ESTABLISHED FORY SUCNI U55.BNDHAPNEW TOM STATEE IYi+D i / LE LAND G 0 N.Y.S.Lic.No.49668 CIO N or U IMTHOF12ED ALTEMTION OR ADOM N E ON=�'S,HE"NEW TIOORN STAB Josepb A. Ingegno •1 COPIES OF TARS SURVEY uM NOT BEARING /' - I THE LAND SURVEYORS INK.SEAL OR Land Surveyor EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VA10 TRUE COPY. CERTIFICATIONS INDICATED HEREON SMALL RUN ONLY TO THE PERSON FOR N•HOu THE SURVEY _ IS PREPARED.AND ON HIS BEHALF TO THE 7,11,S—ys-Subdivisions - Sill,Plans - Construction Layout MLE COMPANY.GOVERNMENTAL AGENCY AND LENDING ISTRUnON USTED HEREON.AND To THE A-101S of THE LENDNG msn- PHONE(516)727-2090 Fa•(516)722-5093 YNION.CERRFIGTIDNS ME NOT-SFEMI3LE. THE EXISTENCE OF RIGHTS OF*AY OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD,IF On,Union Sol,— PO Bo+ 193, PATRICIA C. MOORE Attorney at Law - 51020 Main Road }-' Southold,New York 11971 Tel:(631)765-4330 Fax::(631)765-4643 � DEX 61999 ' I December 3 , 1999 Zoning Board of Appeals 53095 Main Road Southold, NY 11971 RE : Mary Kirsch Application Hearing Date : December 14, 1999 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. ery m t y yours, PATRICIA C. MOORE PCM/kk Encls . NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, DECEMBER 14, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, DECEMBER 14, 1999 at the time noted below (or as soon thereafter is possible): 7:40 p.m. Appl. No. 4771 - LEWIS EDSON (MARY KIRSCH, Contract Vendee). This is a request for a Variance under Article XXIV, Section 100-244B, based upon the Building Department's November 8, 1999 Notice of Disapproval for a permit to locate dwelling with a setback at less than 50 feet from a private right-of-way shown along the east side of the property. Location of Property: 9720 Main Bayview Road, Southold, NY; Parcel No. 1000-87- 5-24. The Board of Appeals will at same time and place hear all persons or their representative desiring to be heard or to submit written statements(before the hearing is concluded). The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: November 24, 1999. BY ORDER-OF THE SOUTHOLD TOWN BOARD OF APPEALS Town Hall i 53095 Main Road Southold, NY 11971 OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road Southold, NY 11971 (631 eff. 11/99) 765-1809 Fax 765-9064 November 26, 1999 Re: Chapter 58— Public Notice for Tues., December 14, 1999 Hearing Dear Applicants: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must now be mailed and shall include a map or sketch showing the nevv, location with the setbacks and use. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing (copy enclosed) to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. A sign is also necessary for posting at the property by you, not later than 12/7/99, and therefore must be picked up by you or your representative on or before 12/6. Town Hall is open from 8 to 4 p.m. (M - F). The sign must be located on the property no more than 10 feet from the front property line bordering the street. (If you border more than one street-or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file. When convenient for you, please return the sign to us. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures 11/26/99 Mailed Legal Notices for 12/14/99 hearings to the following: Patricia C. Moore, Esq. (Re: Poggi, Faith Reform, and Kirsch) 51020 Main Road Southold, NY 11971 J. Kevin McLaughlin, Esq. (Re: Morris) P.o. Box 1210 Southold, NY 11971 Mrs. Marguerite Schondebare P.O. Box 14580 Southold, NY 11971 Burger Construction, Inc. (Re: Riley) P.O. Box 934 Cutchogue, NY 11935 Mrs. Christina Rivera (Re: Kalogeras) 250 Sound Beach Drive Mattituck, NY 11952 Zoumas Contracting Corp. (Re: Wheeler) P.O. Box 361 Fairway Drive Wading River, NY 11792 Richard F. Lark, Esq: (Re: McLean) 28785 Main Road P.O. Box 973 Cutchogue, NY 11935 Harvey Arnoff, Esq. (Re: Lucey/Santacroce) P.O. Box 329 Riverhead, NY 11901 Gary Flanner Olsen, Esq. (Frank Field Realty) P.O. Box 706 Cutchogue, NY 11935 Faxed to Suffolk Times 11/26/99 i I I Alt i SURVEY OF PROPERTYA SITUATED AT SOUTHOLD SIRS TOWN OF S O U T H O L D ;Joy ° �ti °F°F i O SUFFOLK COUNTY, NEW YORK S60. t c w �� 0"4 � ' S.C. TAX No . 1000-87-05- 24 bah ~� ' J \� ,A � 961 •'c\tea A FLAG SCALE 1 "=50' 6 . APRIL 7 1999 3 MAY 7, 1999 (REVISED PLOT PLAN) AWL JUNE 9, 1999 (REVISED PLOT PLAN) .L AL ESHWATSR ��o� y I1 k r� ''' v WE O I,GO >f+ - k i AL AIL AREA = 54,300.93 sq. ft. ! ••�1 O 1 .247 ac. Ak. AL AL .kLL CERTIFIED T0: �` MARY KIRSCH , '� •' �' �=4 TEST HOLE DATA (TEST HOLE DUG BY McDONALD GEOSCIENCE ON MARCH 12, 1999) EL 10.3' 0. DARK BROWN SILTY LOAM OL / /1 r+� ST TiO E 7 _,a " • BROWN LOAMY SILT ML ; 7 - -' �\ Ci✓�_- BROWN SILTY SAND SM 3 FLAGAIL AL AIL PALE BROWN FINE TO COARSE SAND SW AIL, `qc�'r '� '• �/ AL AIL All, EL 1 9' AL 8 4' AL All, ALL TIDAL WETS IL _4 AL. Ak a AIL. AL AL 1P-G WATER IN PALE BROWN FINE TO COARSE SAND SW ill, _ 4V ALL FLAG .,. V 4= 1 _y I 4v �� EOEN�ONSUC17, i9gg GEO 8Y ONMAR FLAG 4v 4l- 4 A q \ A bo S/• .ate � I /�23 rJ 4- 1 O� y s9� �\ /, 00 �('4"o30� \ ?o 1 NOTE ,y \�a � 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM �A• 4 , EXISTING ELEVATIONS ARE SHOWN THUS: 1_L / Dry PROPOSED ELEVATIONS ARE SHOWN THUS: Q 2. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD r ta°j OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 3. PROPOSED SEPTIC SYSTEM STRUCTURES SHOWN THUS: _ 1 TANK; 8' LONG, 4'-3" WIDE, 6'-7" DEEP 4. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. 2 POOLS; 6' DEEP, 8' dla. S. THE PROPOSED SEWAGE DISPOSAL SYSTEM SHALL BE EFFECTIVELY DUG OUT, DOWN TO A SIX (6) FOOT STRATA OF ACCEPTABLE SAND AND GRAVEL, FOR A DIAMETER SIX (6) FEET 4 GREATER THAN THE LEACHING POOL. 6. AREA OF EXCAVATION TO BE BACKFILLED WITH ACCEPTABLE SAND h GRAVEL. / 7. THE ENTIRE AREA OF EXCAVATION IS TO BE WELL POINTED TO ALLOW THE EXCAVATION TO BE DRY WHILE REMOVING THE UNDESIRABLE SOILS. I N .tea TYPICAL SEWAGE DISPOSAL SYSTEM (NOT TO SCALE) / HOUSE Top BIMIED � ♦ OEFP FINISHED GRACE EL 1,18 PRECAST REINFORCED CONCRETE COVER f665H GRADE BURIED 1'DI-P min 2'DELP mm CAST I —KING.COVE WATERTIGHT!INSECT PROOF E1 F1,19 INISH CAST IRON COVER TO GRADE AP 110WO PIPE 20'mn O'min. MIN 4'dIP I TOP PITCHED 1 4' 1' APPROVED PIPE EL�O P"CHED J CLEAN I I INVERT INVERT �o m NlV4PT • M / EL 12.Z EL ILO EL 113 F� 4 dM a �.a �E � PFE 3• 4 T h _ / 4�G SEPTIC TANK (1) 1 -.I d+ouNO WATER ! 0 1 MINIMUM SEPTIC TAW CAPACITIES FOR A I TO 4 BFDR)OM HOUSE IS 1.ODO GALLDNIS F�L+S O EL 1.1 I TANK.S'LONG.4'-3'WIDE.6'-7'DEEP 2 CONCRETE SMALL RAVE A MINIANIM COMPREMPVE STRENGTH OF 3.000 PW AT 20 DAYS / 3 WALL THICKNESS SMALL BE A MINIMUM OF 3',A TOP THICKNESS OF 6'AND A BOTTOM THICKNE55-DF 4* ALL WALLS.BOTTOM AND TOP SHALL CONTAIN RE ORCING TO RESIST AN APPLIED FORCE OF 300 W. ♦ ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGHT / 5 THE SEPTIC TANK SHALL BE INSTALLED (W AT LEVEL IN ALL DIRECTIONS EN A MAX.TOLERANCE OF f1/4' LEACHING POOLS (2) OH A MINIMUM 3'NICK BED OF COMPACTED SAND OR PEA GRAVEL 6 A 10'min DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED 1.MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 AIR R SIOEWALL AREA 2 POOLS;6'DEEP,6'db. 2.LEACHING POOLS ARE TO BE CONSTRICTED OF PRECAST REINFORCED CONCRETE(OR EOWJ-) A- M+LFAbC STRUCTURES.SOLID DOMES AND/OR SLABS. J,ALL COVERS SHALL BE OF PRECAST RENFORCED CONCRETE(OR EQUAL) 4.A 10'min.DISTANCE KlTWEEN LEACHING POOLS AND WATER UK SMALL 6E MAINTARED. " 6 AN min.DISTANCE BETWEEN ALL LEACHIN POOLS SFMLL BE MAINTAINED. 6.AN 6'min.DISTANCE BETWEEN ALL LEACHING P00L5 AND SEPTIC TANK SMALL BE MAINTAINED h k= 4c UNATHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING j THE LAND SURVEYOR'S INKED SEAL OR / EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY Ab ti' IS PREPARED, AND ON HIS BEHALF TO THE ,y10' �' TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. _'4 THE EXISTENCE OF RIGHTS OF WAY EASEMENTS16 AND/OR RECORD,4A cry ~h� ANY, NOT SHOWN ARE NOT GUARANTEED. yA h(0 - -� PREPARED IN ACCORDANCE WITH THE MINIMUM / 4'Y STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.LA.LS. AND APPROVED AND ADOPTED Joseph /®\■ I n a e n�in FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. 1 \ 1 . �'1'•+DPI Lane! Surveyor Q — * � Title Surveys — Subdivisions — Site Plans — Construction Layout I' " 1 0 PHONE (516)727-2090 Fax (516)722-5093 15. OFFICES LOCATED AT MAILING ADDRESS N.Y.S. Lic. No. 49668 One Union Square P.O. Box 1931 F'kF'F Aquebogue, New York 11931 Riverhead, New York 11� 99-2� I I