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Home My WebLink About472440 L {-Iirr�E.�� ao�'t&-f�aXi•ne t :I'Nn. s 1845-113: ,� w n �1 F,rrtYs Tat STATE OF NEW YORK) e; 6lafftaek NY; 1 31_ )ss:. pp1 .4A519 � j$g'- CO, LINTY OF S'UF4FO K) !artances a Rr 44i1 of Mattituck, in said ii::re seniton ialo�;xo �LfDs� aeidr(ior w,tliSear - county, being duly sworn, says that he/she is V,Wd setbacks at less ilia:, Principal clerk of THE SUFFOLK TIMES, a regnuem8rtt znd under ection,�'L4b-"Itt3C eqz _ weekly newspaper,Published at Mattituck, in a a&u on wiw extended eatec.t Cade the Town: of Southold, County of Suffolk and sigait'a-. u0 itne feet ;n tKs State of New York, and that the Notice of which s" Business zone request is based upon. the annexed is a printed copy, has been regu- Ilin•for a bnsldingperr'it laxly published in said Newspaper once each epartment's )u oiti g; Dval: a Naane of Disppro week f for weeks successively ' tuF Property: Hart's Store, 50000 Main Rbad commencing n the day 'Creek Drive, Southoid,L ,t„No 1000-70-5.62 (ebr-. 9; App1. � ` No, 4747 — i_ND 7�ARFN PFFX t$. a request fora Vari Principal Clerk Srticla III SeFtions loo - 33 based upon the:.. ildmg., YAspectar°s.. i- Sworn to before me this �% 1499 D%sapp`roval for rage barMauilding to day of a wacaut loi, withoat meiu0 �sspal� se. LOe$ij11 k zoos = Arbpr lane, <Li+ -oma MARY DIANA FOSTER NOTARY PUBLIC, STATE OF NEW YORK Parcal N0. 1000- NO. 52-4655242, SUFFOLK COUNTY COMMISSIONEXPIRES AUGUST 31,2;W h if �FORM N©. 3� a i XT11 TOWN OF SOUTHOLD� €% BUILDING DEPARTMENT J e �OOLr rzp SOUTHOLD, N.Y. — -- NOTICE OF DISAPPROVAL DATE; June 14 1999 TO Patricia C. Moore Esq. A/C Barterama 51020 Main Road Southold N.Y. 11971 Please take notice that your application dated Ayri123, 1999 For permit to Construct a One Family Dwelling at Location of property Private Right of Way, off Sound Ave County Tait Map No. 1000 -Section 112 Subdivision Filed Map # Block 1 Lot 12 Lot # feet. Proposed project shows maximum height at +/- 45 (forty five) feet. e4------------ Authorize ----- Authorize ature {� & �rosiN' of soMoin' suk = -- BpILDING DEPAxTrrurxT . i:es'sc:IC .. TOS HSL SEPTIC FORM .. SOUTHOLD N.Y. 11971 TEL: Abs 1$02 NOTIFY: CALL .................. Examined .................. 19.... MAIL TO:. Approved................., 19.... Permit No. Disapproved a/c .................................. r...... r 7n .._............ (Building Inspector) Ly 3 P0 APPLICATION FOR BUILDING PERMIT £ n .G. T. 'Date.. . .... .,19.... 7�1 y -c 1F J:, D INSTRUCTIONS - a: Ibis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector v 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildinga on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn an the diagram c8h ii is part of this application. C. The cork 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 app cant. Such permit shall be.kept on the premises available for inspection thro4#mt 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. APPLIC,ATICN IS lE[dtRSt MAM CO the Building Department for the issuance of a Building Permit pursuant Building Zone ordinance of the Town of Sontbold, Suffolk County, New York, and other applicable Laws, Ordiranses'or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as;illeiein Lescribed. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code',tan -egulations, and to admit arthorized inspectors an premises and in building for necessary inspections. ................................ (Signature of applicant, or name, if a corporation) ................................................... (Mailing address of applicant) ate wbether applicant is carer, lessee, agent, architect, engineer,'general contractor, electrician, pluaber or builde a ne of owner of premises d '... (as on the tax roll or latest deed) applicant is a corporation, signature of duly authorized officer. ...................................................... we and title of corporate officer) Builders License No .. ......................... Pluubers License No .......................... Electricians License No . ..................... Other Trade's License No .......... ......... /v- Location of land on which proposed work.will:be done ........ s SCv'n LZ?vcu ..................................................................................................... ........... Ouse Eimber Street Hamlet ',ounty Tax Map No. 1000 .Section Z6� ..... Block .... 01 ....... Lot %:z "division ...: ................................. Filed Map. No. ............... Lot ............... (Name) tate exdstiog use and occupancy of premises and intended use and occupancy of proposed construction: Sxi ting use and ocwpaocy .......... kC..- 44 2: ................... ., :. Intended use and occupancy ........ ! �G �/ /CC/I4� C=� �rOWN OF SOUTHOLD ')0 PR1'1P RECORD CARD OWNER -STREET L E /_) VILLAGE DISTRICT S LOT 1CL, - Esc t FORMER 6WNERMci` N Z. D E ACREAGE fd S �" W TYPE OF BUILDING prT� �L L 6,[ / RES., .SEAS. VL FARM COMM. PND: CB. MISC. I �� LAND IMP. TOTAL DATE REMARKS /d 2VO J—e �N -i fes... F✓�. e"4 ' cs �2 -ew �/ 3 3�'A'/ ING Uri7y p e<np l d;0 1� l�,I/GyY Ltlv�`ZZ i U u -2 b i6 f, s2 A'ti 0 L /S'/% 00 baa E 7 ?o p L O DITI �� Rl Forrrs�. acre j/gltg Per Acre, Value T le 1 Qh. -- - -- -- — - "1 tillable' �2� t a, Tillob e g WcOdlcind - --._.- — -------------------I Swdr>apinnd ---- — -- -- -- Brusfilnnd — _ m-- // 200 ON SOUND .33 F�SQsot -- -- Tota I .2.5 Acv-^S { j son I fOWN OF SOUTHOL R,OPERTY RECORD CARD 1 l✓1 OWNER STREET L/Z VILLAGE DISTRICT SUB. LOT FORMER OWNER N/� E ACREAGE "�. (( S W TYPE OF BUILDING RES. �� SEAS. VL. FARM COMM. IND. CB, I MISC. LAND IMP. TOTAL DATE REMARKS y foG"i 11� tt l 10� ' ��,i�Y4(P T7 4& Win' I f. �i4Y1GFft (_eziy2, vycon (!W, 2- 0 ago � �� 7 � ' 'r � � � '�— ,� coo Vic 3I�A�GE RILUIN CONDITW G[I beak- k -`-r -N ez-en - oLCJQ,'�C7"1; NEW NORMAL' BELOW ABOVE �^ - Farm, % Acre Value Per Acre Value t. Tillable 1 -- -- -- 9i4 Tillable 2 - ------. �7Q °-f )/ Rid ..C_:�(D �f -- Tillable, 3 Woodland Swampland - Brushland - - — -- — House Plot - — �- I TOWN OF 5®UTHOL® PROPERTY RECORD CAR® i OWNER STREET �'E, VILLAGE --- DISTRICT -_ - -- SU6 — --177 / 1 j r %r/ C W --- ORMER OWNER N - - 1 L ACREAGE ---- W TYPE OFBUILDING -- -- - --- RES. Zl SEAS. Vi �,, ✓ FARM COMM. I LAND IND. i CB. I MISC. IMP -I - . .TOTAL DATE REMARKS iwcfudc� i � lea G �-vO ?- �-0 O• �, 7 � I � ^� - E.. i � � -� � 7 �4 I - N�� i I �T1�3 S 2 —, —3-'�– l _bid b�Y+,al�sk exisf< onc, :ie w,;!_ 4/, /r�s ,,� • y . 66-00 soo F o ia� 1,0/26/l7� a� P 17 r,C ' U o (vG CJ�jE �! 300 �� 5 AQY a nn n S D a �G O f7 I Q 0© ... /� 9Q-, I �l _Q LOCO rm 1$ c OAncre Glue r Acre Tillable 1 --- —�.- _ - Tillable 2 — �Oo—Q�.�-3- 6(yoo_ Tillable. 3 Woodland -- — -- ----- +— Swampland ---- --- Brushland --- — ---�- L, House Plot - - - — _ rctal- r - I vi. Bj, /6n "40 = %i/4 I Foundation I C Bath xtenst�r� /�.X' o'~= r;O o 2 J Basement ru) - :.. Floors xtensiok' >< y 3 z Ext. Walls Interior Finish a j �, Fire Place Heat Attic I Porch PC.Yc�h /ixiG_ /7G f,3%� ,SO � Gc(Y Porch Rooms 1st Floor rserewa7 In �. a e c �C O p Patio Rooms 2nd Floor j Driveway 4 .s Snot �r�o 3 I TOWN OF SOUTHOLDPROPERTY RECORD CARD STRE IDS 1xiVILLAGE DISTRICT SUB. LOT ' i r I i `-(ct rl 6A ` Ala &t'7, } � c RMER OWNER N E ACREAGE vD w Deer t� - M30Idin�S6(gt/ S W TYPE OF BUILDING Ysr�t r Un7— I -iloH IV koRaLESk) C�taSF.Si1+r� nus RES.�'O SEAS. VL 9 FARM COMM. IND. CB. I MISC. LAND. IMP. TOTAL DATEREMARKS , J2�O Y6' I AT- Z 2 55cf INa �nl�jcn�� 2�N ren p 1>7 L --So'r L9t54Aticleyroti -16 [=eH 70O 6il�{iV'�a; a t 4 3„yx5sit ss AAK Yh�ta�s.3,rgC�W.ew'a� Y rA.A k3 fiW 50- t. 'fit an. Ay?i "1Hr"r 'P:# t il� p. ,.: n s -..� t xM <r 7�'k A t Tri �'� EL ��0 Farm Acr a�. , gpf�BOVSiN a ., 1�q�ue er Acre Value •x r {able If ¢r`: o Tillable 24 - tillable Tillable 3, fJ Woodland x m4 Swampland 5 Brushland ' House Piot Total Foundation Bath xfe�s�idn� Basement Floors aion Ext. Walls �rinteri 'rtys4 xt /a/000 a . ,.,. ,(tension �" Fire Place Heait = `�'` " �s'�,MO�r 3_a O5 Porch Attic �s Porch Rooms 1 st Floor;' -- reezeway Patio Rooms 2nd Floor arage Driveway I TOWN) OF SOUTH®LDP ®PERTY RECO �oGVNRD CARD ER STREETVILLAGE DISTRICT SUB. LOT ��_-- �C7rn-.f f ti FORCER OWNER E ACREAGE `^'� '4�. L., (...#4. n..,'F.✓_iYl..l _('1��.-�1L1.��' �.1 S W TYPE OF BUILDJNG%i;S o,t� F eVarnE — RES. VL FARM�1tza ; f f is�C�P SEAS. COMM. I IND. CB. i I MISC. LAND IMP. TOTAL DATE REMARKS 00 V o i I11-Ymo/ T' V� la nYGV^4Y.�.Y 60 3 3ee LC 4� 3.3O S o o 0& 7 5��f@gam 9 til7x 3yLc CG cr. r F L o ✓ a n l Q (J __ �� , i J �� ) `�`�P---r-t].7 I D �GJ1� 1 (4T y•. 3300 �1?00 33 -79GE 9 7b c� f � ti f � �� 0 �C S�Y i� CC I �r - 7�� I��NG CON i�f 40 NEW NORMAL BELOW ABOVE '-------- Farm — -- '---1'-pa aN SovNp @ 3.da- Acre Value Per Acre Value �1--N — - ilia fp 110 2 --- - -- 4.0 'liable. 3 — ---- --- ----- oodland ----- - -- - - --- -- '.ishland ----_ — — )use Plot -v — `a l S0UNP \fit PVpNp � , N \w� O ,\pV O 11? 0`s EY. ,. 4 N ,Ns C O x z- c 7 N 0 q i _F� SUFFOLK COUNTY HEALTH DEPARTMENT .x W SINGLE FAMILY DWELLING ONLY N� :F. NO. 0 _._�.____r__.SZ(� _ �d11 MAY 2 6 1987 VAGE DISPOSAL AND VVATF.R SUPPLY FACILITIES FOR THIS )N HAVE BEEN INSrZCTED BY THIS DEPARTMENT AND i0 BE TIS�ACTU ., c ,� f M Chief o,,fWa tChief of Wastewater Management Section�asteUwwatelrrManagement Section INSET SCALE= I"=50' 25 Cl i �o\e 900 a &Rose Ko \0 9- `N �, oc •P:\ nova N �E sc SONO P HFh1�T y DRi SURVEY FOR SOUTHOLDINGS, INC. AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK MAY IO,IV OCT. 22, 19 JULY 12,19 JULY 2,19 MAY 23,19 DATE: MAY 15,19 SCALE: I"= 100' NO. 86-552 *UNAUTHORIZED ALTERATION ORADDITION To THIS GUARANTEED TO: SURVEY IS.A VIOLATION Of SECTION 7209 Of THE L MORTGAGE C NEW YORK STATE EDUCATION LAW . *COPIES Of THIS SURVEY NOT BEARING THE LAND ROYAL SURVEYOR'S INKED SEAL OR EM8OSSEO SEAL SHALL I NOT BE CONSIDERED TO BE A VALID TRUE COPY SSP *GUARANTEES INDICATED HEREON SHALL RUN ONLY 70 THE PERSON _FOR_WHOM THE SURVEY IS PH&R"kD-------- SeVnd `5\0 20000M A. o2'AO 9 aPFro 60 ojo i' �•t ,� �inj ro NO TO 1 { O o� Lco 5}J \ \ T A Jr4�i��yV •;. i Qaa 56. pa _•c', �+ Y •� ca. 'S.5 ao \ W °' QYPS 5�aaa9c i i0 ? � 03 co O O N \ N .a 13 N 0 \r9hp. % 3050 , P \ r_ 4\ :C \ RnA n ee \es S1 Gal?' FS�U[R\V�EiY FOR h �1, ,r , PIAITV 50 uNP /./ 0 15 �p,N 2°° 2� \ N � N 9�JFF A pF \ O \ R1 Z \ �N A � � OQ N oF, \ P• 5�� JOJ -T M m11 r rN rm r �zQ m st• 1 r 0 it ("1 $,rmerlyski SUFFOLK COUNTY DEPARTMENT OF HEAfrTH:SERVICES SINGLE FA Y DWFLL1NC,pf1Y The sewage dispcsal and ,vate supply facilities fo S location have been ins,^.0c��d by this Department and/or other ageies-an�four t e sigsiagtory. Cl ef.of Bureau of -Waste kcff-M8nagement FOR 'M CANNON a SUSAN C. CANNON TUCK SOUMOLD DATE : COUNTY, NEMI roRx SCALE IMO, EO ALTERATION OR AOD1r1014 TO rN/S OLATION 4F SECT10N 72 -E EO 09 OF TME ✓AN. 31, /990 ✓ULY /3 /989 JUN. 2 9 APR. 24,'08-9 FEB. /5 /989 DEC. 20'/988 OCT 27,'/988 SEPT. 22, /9 88 /"= 50' 88 - /03/` YCATIONLAW its{1fRYEY NOT 01AR/NG THE LAND PSE OF NF c if. KID SEAL OR EfitaosSED SEAL SHALL EKED TO sE A VALID TRUE COPY INDICATED W ~O I+ER£ON SMALL RUN ONLY TO R MNHON THE SURVEY IS PREPARED, ��R� O A 'r O IALF TO THE TITLE COMPANY,OOVE*N :Y AND LENDING INSTITUTION ti = LISTED THE AS3164"S OF THE LEMDIMG 'ARAJITEE p NST TUT ONS OR sueSREGUERI AA L[ CTPROPERTY ARE FOA SPECIFIC ARE NOT TO 9E USEO TO ESTA11 I W a n { w "'- t / Ri9 5• 50 2 00"f. N 90 o OB r 30. � y � W a /Way200.00 °f" �00„W. S�0�0 8� or f0K eo�eski now a Rose John n 11116/1999 019:17 5167656643 LAW UFFICES MUURE PAGE 02 1 PAMCIA C, MOORE EDO 1 Attoi- hey at Lary 51020 Main Road Southold, New York 11971 - -- 'rcl: (516) 765-4330 Fax: (516) 765-4643 Margarct Rutkowski Secretary November 16, 1999 Scuthold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Torn Hall 53095 Main Read Southold, NY 11971 Re! Dr. Hirsch; Appeal No. 4724 Dear Chairman and Hoard Members: 1 Have been ad;rised that the seller will not allow Doctor Hirsch any more time to obtain variances for the subject property. Therefore, Doctor Hirsch hereby withdraws the above referer:Ced application. We thank the Board for their courtesies in this matter. Very truly yours, Patricia C. Moore cc: Doctor Hirach 11115/199° 09:1, 5'_olF� F43 LAW OFFICES MOORE PAGE 01 a.. . PATRICIA C. N OORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel; (516) 765-4330 Fax., (516) 765-4643 The paces comprising thin facsimile transmission contain confidential information from Patricia C. Moore. This information is intended solely for use by the individual entity named as the recipient hez'eof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the cont=nts of this transmission is prohibited. If you have received this tranSmissicn in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. TO , RE: ��r�Lt'c f�T�Ai- OATS : TOTAL UL114BER OF PAGES INCLUDING COVER SHEET C� IF 'X5-;LjdSMIS5'C0N IS FAUI,7Y OR INCOMPLETE, pLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT i1PJ4—V : 'DIz. , ljl-'ag OP,r P. ATCR : SCHETNBEFtG, SCHNEPS, DE PF -T --RT ci & DE PETMS ATTO'RN=S AT LAW I Uxiox SQuAMH POST OFFICE Box 716 AQuEBoc3-um, NEw YonK 11931 EMIL F. DE PETRIS RICHARD E. DE PETRIS SHEPARD M. SCHEINBERG MURRAY B. SCHNEPS Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 (516) 722-5100 FAX (5 16) 722-5093 MAILING ADDRESS POST OFFICE BOX 599 RIVERHEAD, NY 11901 ISIDORE SCHEINBERG November 4, 19?9- __77 ,++ 1900-1965 'pd - Re: Dr. & Mrs. Joel Hirsch Zoning Board of Appeals Matter Dear Pat: On November 3, 1999 I spoke with Dr. Hirsch and advised him that I had received a call from Richard Klee the attorney representing the owners of the subject property. I advised Dr. Hirsch that Mr. Klee had advised me that his client was terminating the contract by reason of the fact that the Zoning Board of Appeals approval had not yet been attained and that by reason of the fact that the owner was a Pension Trust, he was required to conclude the matter prior to the end of 1999. As such based upon the foregoing, Dr. Hirsch has authorized me to advise you to discontinue the application process before the Zoning Board of Appeals. I thank you for the attention you have given to this matter and look forward to working with you in the future. Very truly yours, AY----" Shepard M. Scheinberg SMS:fg cc: Dr. & Mrs. Joel Hirsch u �cloGz a 4- ///6 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD November 8, 1999 Re: Appl. No. 4724 - Dr. and Mrs. B. Hirsch (Barterama Corp.) Dear Krs oore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 With regard to the above application, this is a reminder that the Board as of today has not received the information discussed at the September 30, 1999 Hearing with regard to authorization for you to sign the Building Permit and other appeal documents, and possibly a time extension (only if the contract has expired). A copy of the hearing transcript of the September 30, 1999 meeting may be picked up at any time ($1.75 for seven copies). The public hearing is scheduled for 7:h p.m. on November 18, 1999, and new or additional testimony should be submitted at that time. Sincerely yours, ERARD'P. GOEHRINGER ✓�� CHAIRMAN November 9, 1999 Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY 11901-0903 Re: Appl. No. 4724 - Dr. and Mrs. B. Hirsch (Barterama Corp.) Dear Mr. Tohill: This will confirm that the public hearing has been calendared to reconvene at 7:40 p.m. on Thursday, November 18, 1999 to receive all testimony. Sincerely yours, GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY 11901-0903 BOARD OF APPEALS TOWN OF SOUTHOLD November 8, 1999 Re: Appl. No. 4724 - Dr. and Mrs. B. Hirsch (Barterama Corp.) Dear o ill: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 As a follow-up to our October 12, 1999 letter, this will confirm that the public hearing is scheduled for 7:30 p.m. The purpose of the public hearing is for all testi- mony to be entered into the record. Sincerely yours, GERARD P. GOER ER� CHAIRMAN C APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning To: Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Anthony B. Tohill, P.C. 12 First Street P.O. Box 1330 Riverhead, NY 11901-0903 BOARD OF APPEALS TOWN OF SOUTHOLD October 12, 1999 Re: Appl. No. 4724 - Dr. and Mrs. B. Hirsch (Barterama Corp.) Dear Mrs. Moore and Mr. Tohill: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 This will confirm that the public hearing on the above application will continue at the November 18, 1999 Regular Meeting (instead of the November 11, 1999 date). The time of the hearing will be provided when all hearings are being advertised. It is expected that the hearing would begin on or after 7:30 p.m. (tentative). The purpose of the public hearing is for all testimony to be entered into the record. Sincerely yours, GERARD P. GOEHRINGER CHAIRMAN SOIL AND WATER CONSERVATION DISTRICT FAX:(516)727-3160 August 23, 1999 COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE V R�—(rlsl �r5ri VX F11 AUS GIN i Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Dear Goehringer: Thomas J. McMahon DISTRICT MANAGER (516)727-2315 We have completed a site inspection of the property located at 11 Private Road, north of Sound Avenue in Mattituck, belonging to Joel and Maxine Hirsch. The lot is very heavily vegetated and the only access is where the surveyors have cleared a path. We measured across the lot according to the stakes and found they may be slightly off. Our measurement was 67' for the house width where the survey shows it should be 65'. We were not able to measure from the bluff top edge since the vegetation is so dense. The topography of the lot for the building envelope slopes away from the bluff face. In order to view some of the bluff face, we had to use the neighbor's stairwell on the east. The stairwell itself was becoming overgrown so we were limited to what we could see. There is a large bare area on the upper slope of this lot's bluff face, which indicates that the bluff face is actively eroding. Sincerely, PA"'t Paul TeNyenhuis Senior District Technician RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 SOIL AND WATER CONSERVATION DISTRICT FAX:(516)727-3160 COUNTY OF SUFFOLL ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE AUG 2 51999 ` August 23, 1999 Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Dear Goehringer: Thomas J. McMahon DISTRICT MANAGER (516) 727-2315 We have completed a site inspection of the property located at 11 Private Road, north of Sound Avenue in Mattituck, belonging to Joel and Maxine Hirsch. The lot is very heavily vegetated and the only access is where the surveyors have cleared a path. We measured across the lot according to the stakes and found they may be slightly off. Our measurement was 67' for the house width where the survey shows it should be 65'. We were not able to measure from the bluff top edge since the vegetation is so dense. The topography of the lot for the building envelope slopes away from the bluff face. In order to view some of the bluff face, we had to use the neighbor's stairwell on the east. The stairwell itself was becoming overgrown so we were limited to what we could see. There is a large bare area on the upper slope of this lot's bluff face, which indicates that the bluff face is actively eroding. Sincerely, PA"It �- Paul TeNyenhuis Senior District Technician RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 - Southold T on Hall Zoning Board of Appeals Fax Cover Sheet 765-1809 Office 765-9064 Fax TO: FAX: 76S-- — �16 T15 FROM: DATE: �. PAGES: Comments: �/ B _,// 53095 Main Road 6 P.O. Box 1179 6 Southold NY 11971 SOIL AND WATER CONSERVATION DISTRICT FAX:(516)727-3160 August 23, 1999 i COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE AUG 2 51999 Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Dear Goehringer: Thomas J. McMahon DISTRICT MANAGER (516)727-2315 We have completed a site inspection of the property located at 11 Private Road, north of Sound Avenue in Mattituck, belonging to Joel and Maxine Hirsch. The lot is very heavily vegetated and the only access is where the surveyors have cleared a path. We measured across the lot according to the stakes and found they may be slightly off. Our measurement was 67' for the house width where the survey shows it should be 65'. We were not able to measure from the bluff top edge since the vegetation is so dense. The topography of the lot for the building envelope slopes away from the bluff face. In order to view some of the bluff face, we had to use the neighbor's stairwell on the east. The stairwell itself was becoming overgrown so we were limited to what we could see. There is a large bare area on the upper slope of this lot's bluff face, which indicates that the bluff face is actively eroding. Sincerely, P', a 1-411 - Paul TeNyenhuis Senior District Technician RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 September 30, 1 3 Bo of Appeals 7:28 P.M. - Appl. No. 4724 - JOEL & MAXINE HIRSCH D`O Continuation from July 22, 1999 (hearing calendar.) this is a request for Variances based on the June 14, 1999 Notice of Disapproval for a proposed single-family dwelling with respect to: (a) Insufficient setback from the top of the L. 1. Sound bluff at less than 100 feet at its closest point; (b) insufficient side yard at less than 20 feet on one side; (c) insufficient total combined sides at less than 45 feet; (d) building height greater than the code limitation of 35 feet. Location: North Side of Private Right -of -Way (Private Road #11) extending off the North side of Sound Avenue, Mattituck; 1000-112-1-12. CHAIRMAN GOEHRINGER: Ms. Moore would you like to start the hearing? MRS. MOORE: I have some green cards, actually from the last hearing that I found in my file. BOARD SECRETARY KOWALSKI: Thank you, great. CHAIRMAN GOEHRINGER: Thank you. MRS. MOORE: Dr. Hirsch could not be here this evening. He has 90 mile trip and because of his schedule he could not attend this evening. But, it really is our opportunity to hear what the neighbors' objections are. We have not heard anything up to this point and our position has always been to try to medicate their concerns. We'd like to hear what they are before we can address them. So, at this time I did submit to the Board probably the day after the hearing, as soon as the surveyor had for me the change on the survey that shows that the height variance request to be 1 foot above what is the 35 foot limit. So, we've amended our application on the record and by way of exhibit showing that the height variance is not what it was originally. It has been reduced to the one foot. We've already placed on the record our reasons for it and the height of the bluff being the main concern that the topography of this property is meek eliminates any view if it cannot, if the house cannot be raised to be able to see over the bluff. Dr. Hirsch is paying for this property as a water front property, and he would like to have the benefit of the view of the Sound, as do all the other neighbors. They enjoy the view of the Sound, and Dr. Hirsch similarly wants to see over the bluff. CHAIRMAN GOEHRINGER: There's no movement of the house position at this point on the survey as it was presented to us? MRS. MOORE: No, we were waiting. My understanding we were waiting a - CHAIRMAN GOEHRINGER: An evaluation. 52 MRS. MOORE: A report from the - CHAIRMAN GOEHRINGER: Soil & Water. MRS. MOORE: Soil & Water Conservation. But, the report really didn't say very much, if anything. The house itself when you look at the survey is at, it's over 100 feet back from the crystal erosion line and the required distance of 100 feet, it's closer to about 125 when you measure it from the lines that the surveyor drew. The only structure that encroaches in that setback area is the accessory is the pool. So, we're dealing with the structure being the supports of the pool and the actual a, yes, it's just the decking and the pool itself is going to be encroaching in the 100 foot requirement. CHAIRMAN GOEHRINGER: That's a 75, is that correct? MRS. MOORE: Yes the decking begins at 75 feet, correct. CHAIRMAN GOEHRINGER: OK, thank you very much Mrs. Moore. Mr. Tohill how are you tonight? MR. TOHILL: Good evening Mr. Chairman, Members of the Board. The applicant then is finished with the applicant's presentation? MRS. MOORE: No, the applicant's attorney is not finished. The applicant's attorney - MR. TOHILL: Then I'm not going to proceed until the applicant's finished with his presentation. No sense going out of order here. I'll speak when good manners say I should speak when it's my turn. CHAIRMAN GOEHRINGER: Mrs. Moore, what else do you think you might have available that you might want to present to us? I'm not putting you on the spot, I'm just asking you the question. MRS. MOORE: We have submitted the file, presented written, the application is very detailed as far as the standards that we had to meet. We presented to this Board the aerial that shows the character of the area and the placement of this house in relation to the other houses. We believe that for the most part our presentation has been made. I need to respond to what their choosing to submit and a hearing is not all a, it's a give and take. The Board will have questions, I'm sure I will have questions and I think Mr. Tohill is asking for something that is procedurally not required. We have submitted to you our presentation. However, the issues that they raise may require additional information to be provided. I won't say I'm completely finished with my application, no, I will wait to hear what they have to say and then we will respond accordingly. 53 CHAIRMAN GOEHRINGER: I don't know what else to tell you Mr. Tohill. MR. TOHILL: Here, there are four variances, 75 foot bluff setback at 36 foot height, a 17-1/2 foot side yard that should be 20 on each side, a total side yard. haven't heard anything from the applicant with respect to any of the four variances and I don't think I'm here for any other reason except to hear about those four variances. So, I'm not sure how you ask me to proceed, she asked me to proceed if there is no application that's been presented to the Board. CHAIRMAN GOEHRINGER: Can I just say this to you? MR. TOHILL: She' s trying to get at my file. She said to me when I wrote the letter to you, asking to adjourn to the 16th until tonight, that she would oppose the application unless I revealed the inside of my file. This is another way of attempting to do this. Totally improper, I don't know how it could be done. CHAIRMAN GOEHRINGER: Can I just say this? There are people that come before us, that sometimes never and sometimes they are attorneys, sometimes they are lay people and sometimes they are people who have worked for towns before. An example would be and I hate to use the name, but, a gentleman like Roy Haje you know owns an organization in Southampton and he worked for the DEC at one time. These people just choose at this point not to continue with the hearing. Now, - MR. TOHILL: You mean this applicant? CHAIRMAN GOEHRINGER: Maybe this applicant, maybe she chooses to continue with those aspects of why or she does not deal with the specifics. I have no idea. I have no idea why she doesn't want to deal with the specifics. But, I'm not here to force her to deal with them. MR. TOHILL: I'm not either. I'm simply saying to you, that the proper procedure is that the applicant finishes. There's a burden of proof, that I studied in Law School and have spent the last 25 years teaching or talking about, or arguing or writing briefs on. What happened to that here? This is Southold, we're part of the State of New York, we're one of the towns. Aren't we going to follow the Town Law? There's a burden of proof. If the burden of proof hasn't been addressed and we're being told I'll address it if and when I choose to address it, that's a little bit capricious. That's making you look bad. It's taking advantage of you. It's asking you to stick your necks out. I don't know why anybody would ask you to stick your necks out. And, I'm not going to bite into that and so when she's finished her presentation, I'm prepared as I was six weeks ago to proceed and my clients who are the four families, the Gurneys, the Camerons, the DeGraffs and the Rothbergs, who were here at that meeting and who are here 54 again this evening are paying by the hour to prepare for the last meeting, reprepare for this meeting and to be here this evening aren't going to look kindly to wasting that money if Mrs. Moore simply is unprepared, which is what we're plainly dealing with here. I want you as the Board to address the fact, that she is unprepared and I want her to finish her presentation and I'm prepared if it takes me until 5:30 tomorrow morning, I'm prepared in writing, with my witnesses, everything, to start the minute she finishes. I was the last time too. In fact, you'll see some of the documents are dated from the last meeting. I'm not even going to change the dates. That's the way I'm going to do it. I believe that I'm talking with correct procedure under New York Law. I can't be mysterious. They go first, I go last. That's the ( ). CHAIRMAN GOEHRINGER: Can I just say, that I am not in a position to force anybody to do anything other than what they do. And in general, I have to tell you, that I just, when a person says that, that's it and that's what I assume was it, so I'm assuming. MRS. MOORE: I have a, just that I thought we went through quite an extensive hearing process the last time. I did all the speaking and Mr. Tohill made a few commentaries about how prepared he was. I can go back, and I can go back through my notes, and I will restate everything I said before, I will add to it an extent that my notes, if there are any questions that go along the way. I am here to stay, I can stay here all night as well and my application was a thorough application submitting the standards and justifying the reasons for the area variance. I would, if the Board doesn't feel that that was adequate, I will just continue with my notes and I will proceed. I have not gotten a copy of the transcript so I honestly would have to go back and I will just begin from where my notes, my outline how it's prepared. I have no problem. I think that I won't get into commentaries that Mr. Tohill makes. I find them unprofessional and will let you conclude for yourself his commentaries. If your ready, I'd be happy to present the - CHAIRMAN GOEHRINGER: Are you telling us you presented the area variance standards the last time? MRS. MOORE: I gave you a very thorough outline with the diagrams on the aerial photographs. If, when I review the transcript and. I review the commentaries that Mr. Tohill has with regard to what we presented, then, at that point, I'd be prepared to respond and add any additional information that may be lacking. Last time we had a very extensive hearing. I had Sound Shore Excavating here to present testimony as far as why the height variance is necessary. But, I'm prepared to go back. I have no problem with that, so. I don't want the Board to think. my memory, I can't go back and remember everything that was said and to what extent what was said. I will go back to my notes and start from the beginning and present the case to you. I hope it will be 55 as thorough as it was the last time. It may be more thorough as I go through my notes. I was under the impression I was here to hear what Mr. Tohill had to say of why this variance should not be granted. I will go back and I will submit to the Board why this area variance should be granted. CHAIRMAN GOEHRINGER: It was our understanding and it's the understanding of a couple of my colleges here, that you dealt with the area variance standards. Is that correct? MEMBER COLLINS: Absolutely. My notes show - CHAIRMAN GOEHRINGER: OK, so therefore, at this point we' will say that you have concluded with that aspect of it and we're ready to go. Is that correct? MRS. MOORE: That's fine. I do wish to supplement my testimony and my presentation when I see the transcript and I review it and like what Mr. Tohill has to say. I think Mr. Tohill has discounted absolutely everything I submitted to the Board. CHAIRMAN GOEHRINGER: Can I just say something to you? He has mentioned to me as a matter of operation of law, all right, that is an issue that we will discuss with counsel, OK, that he would not allow you to come back and deal with other aspects of it, OK, which you have never been, no-one has ever been in any way short and curtailed the - MRS. MOORE: Absolutely not. CHAIRMAN GOEHRINGER: So, we'll deal with that aspect of it if that's the case, OK. MRS. MOORE: That's fine. I do wish to respond to his commentaries and to whatever gentlemen that are here to testify on his behalf. CHAIRMAN GOEHRINGER: Good, OK, we're ready. MR. TOHILL: Mr. Chairman, at this time I'm taking the position that the record has been clarified in that the applicant has rested and that now I'm to respond to the presentation that she has made, which is the normal way in which we have always worked. The first thing I'm going to want to do, is introduced the people that are here with me in addition to the neighbors, Steve Maresco who is a familiar face to you, a professional engineer is here. He will be dealing with one of the issues. Pat Gibbon, an appraisal, certified appraiser from Hauppauge is here. He will be dealing with some of the other issues. Richard Warren from Inter -Science is here. He will be dealing with other issues. Before I begin with 56 their testimony I have housekeeping issues that I want to raise. The first one is, that under your rules in order for a person to come here there has to be a floor plan drawings. There are no floor plan drawings. There are no floor plan drawings in your file and there are no floor plan drawings in the Building Department and I know all about buildable lot thinking in the Building Department. But, I also know, that this is an application of the mass of a building. ( ) its neighbors and the desire to have less than the required side yard setbacks and so I'm saying to you, that we cannot do what we need to do without those and I don't know and again why this Board would stick its neck out ignoring its own printed rules that all the other people are required to follow. CHAIRMAN GOEHRINGER: I'm not sure that's a printed rule, but a - MEMBER TORTORA: I'd like to know where you got that information because that's news to me and I've been a Board Member here for four years. MR. TOHILL: OK, it's the requirement of your application process. MEMBER TORTORA: So it's in an application. It's not a Rule.? It's a Regulation.? It's the policy that was adopted by this Board and filed with the Town Clerk? MR. TOHILL: It says, that there has to be seven sets of a floor plan. I didn't write this and I'm not the Zoning Board. I'm saying to you that the rules should be applied even handily - CHAIRMAN GOEHRINGER: I understand that. Let me just say this to you, OK. If, we are in need of that, we will ask for it at the hearing, OK. MR. TOHILL: I'm going to need then to keep having to come back to deal with it if it's not going to come in up until the last minute. CHAIRMAN GOEHRINGER: We will ask Mrs. Moore to continue the hearing rather than go to five o'clock tonight, tomorrow morning, which really doesn't bother me because I'll don't sleep anyway, so it will be fine and so we'll just ask Mrs. Moore for those. MR. TOHILL: OK, but, that's not fair and we object to it. The second thing is that you require an authorization from the owner to permit a third party such as Dr. Hirsch to make an application for variance. There is no authorization anywhere in the file. There is a fax copy of a Real Estate Contract and the Real Estate Contract allowed as of February 26th of this year, someone to make an application during the next 150 days for a side yard relief, not for any other application. 150 days has expired and there is no authorization. 57 CHAIRMAN GOEHRINGER: OK, so we'll ask for another authorization. We'll ask for a plain copy of an authorization. When I say, other than fax and so on and so forth. MR. TOHILL: But the Board shouldn't proceed without that. CHAIRMAN GOEHRINGER: Then lets not proceed tonight. MR. TOHILL: Fine, that's the best result. That is the best result. That's the only one that's a full issue and not to criticize anyone. CHAIRMAN GOEHRINGER: OK, we are going to recess this hearing until November 11th. (changed tape.) To reconvene this hearing on November 11th. MEMBER TORTORA: Second. CHAIRMAN GOEHRINGER: All in favor. Motion carried. See Minutes for Resolution. End of hearing. ��/ �I kccccc,-ar✓e,LL Page 31 - August 18, 1999 Hean s Southold Town Board of Appeals 8:52 P.M. - Appl. No. 4724 JOEL & MAXINE HIRSCH a✓a;�aJ//e� (Continuation from July 22, 1999 hearing calendar). This is a request for Variances based on the June 14, 1999, Notice of Disapproval for a proposed single-family dwelling with respect to: (a) insufficient setback from the top of the L. 1. Sound bluff at less than 100 feet at its closest point; (b) insufficient side yard at less than 20 feet on one side; (c) insufficient total combined sides at less than 45 feet, (d) building height up to 45 ft. instead of the Code limitation of 35 feet. Location of Property: North Side of Private Right -of -Way (Pvt. Rd. #11) extending off the North side of Sound Avenue, Mattituck, N.Y., Parcel 1000-112- 1-12. CHAIRMAN GOEHRINGER: Pat we need three green cards from you. MS. MOORE: BOARD SECRETARY KOWALSKI: Not on this one. I'll check, OK, well I'll check it, I'll check it. I can call you tomorrow if you want. CHAIRMAN GOEHRINGER: OK, we're ready Ms. Moore. MS. MOORE- This evening I have a copy of here. I have a architectural work on this project. Bob Schroeder is here process. What I'd like to begin with the I have the builder here tonight, Certainly you already have the application for reargument within the standards but I'd like to go over them again the neighbors that this is a beautiful home, that we will certainly To begin with we have to establish a first standard that they'll be undesirable changes in the neighborhood . You can see from the survey that this lot is only 100 ft. in width. It was, I went back to the Town Records and the last record prior to zoning Lenz was the original owner I believe the predecessor . To being with the clearly on all the variances to the applicant, that was crucial variance each room for flexibility. Other variances we will certainly discuss with the Board, and we have alternatives. However, the side yard variances, but, parts of this property and the fact that it's the Long Island Sound waterfront view, the value to this property is the house not just the lot. And, ultimately the house then I'm sorry I don't have it for you again, but that was my last set. You can see it attached to the Board there. The allegation of the rear of the house designed as of the builders will not you can tell by the present market. Very , very classic architectural and really it's more in keeping with New England style and very classic features. Certainly it's a house anybody would be proud of. 100 feet width of the property, I went Page 32 - August 18, 1999 Hearings Southold Town Board of Appeals back to the Zoning Board and I noticed that the last time was in 1971. Lot sizes generally could be 12,500 sq. ft. Build lots smaller figure. Dimensional requirements . We have zoning lots for 2 acre zoning average lot is probably width wise, the total requirement, minimal lot most likely desirably 200 . The older opportunity to build a house that conforms to the area as well as property. So what we have here is a restriction of 45 feet, 20 and 25. That is imposed is only 20 feet of width. When at the time the lot was created, we were allowed 10 feet What I also did. I went back and looked at the adjacent property that was along this road, and compared what their sizes were and tried to . But, I noticed that the every single house as I was going through very little new construction has occurred with the side view lot of this size. There's probably the That was a very large lot. That construction . It looks like it's newer than that but, the regulations. Certainly the width of the lot is 200. In addition on the inside, wanted to the Board to the aerial and . I'm going to submit to the Board the elevations of the front and the back, giving a chance for all of the Board Members to look at it once, but, I'd like to submit it for the Board. I think that they'll be able to hear me if I speak loudly. When I took the aerial and we have the copies, I have them identified. Cabin is this parcel right here. Rothberg Palmieri is the parcel to the east of the second parcel. I super imposed the use copy to just to my ability on a scale. This is not an exact scale but it's as close as I could do. I accomplish it on is the house and the setback from the bluff. So, you can see that the size of the top of the house is in keeping with some of the other homes in this top in this aerial. Most of the, well, is such a huge property. It's a huge house. The proposed house is in comparison to the home. But that one is a very large piece of property. Rothford Palmieri is a I believe a preexisting structure. The only Building Permit that was of record is, I have to go back to my notes, but I believe it's 80, in the 80s and it was to on an addition, an unheated addition to the existing house. So I, again, it's not a reconstruction. In fact, had an original preexisting house but, they found was more economical to demolish. They demolition of the existing and the construction for the new residence. So, the property, the values and the lots and certainly the houses that are being proposed to these properties are magnificent. They all get credit, they're beautiful properties, beautiful homes. Dr. Hirsch is trying to add one more beautiful home to the, to the that he's here already. The draft is the parcel to the west. On that too is the preexisting prior to 59 a . It actually impacts the property much more so than the Hirsch will impact on them as there is a, I, I, super imposed the surveyor's shed as well as the garage that help me locate exactly where the overlay should be. You can see that the shed is only about a foot off of the property line and the garage is 13 feet off the property line. The house is very close to the bluff. I say measuring it would be give or take 30 feet. Again, this is all preexisting. They're fine, they're permitted to stay there. But, certainly Page 33 - August 18, 1999 Hearings Southold Town Board of Appeals the impact on new construction that a of the subject application, there will be little or no impact because the house is so close to the water. Their view is not impacted in any way. Certainly they would have if they were concerned about the activity of the residence, they could put their own screening if they wish to. But, on the west side it is a fully wooded parcel. So, there is a great deal of natural screening that I can't imagine any activity being seen between the two properties. As you go further to the west, that is probably the newest house from all of them and I had a, I pulled from the Building Department a survey. The survey just didn't look right when I compared the survey to the aerial. What I did, I superimposed just for your own frame of reference, the volume of the house and compared to the most new house in the neighborhood. They're very similar, they're comparable, and size wise they are both substantial homes and in keeping with the character of the area. That particular house on the deed that the setbacks in there are for constructional. This piece is 15 feet on the one side, 15 and 30 as I recall, 30 certainly is a large setback, but the 15 is a lesser setback and I don't recall what the Code said at the time, but it seems to me that 15 and 10 you could cut 15 on the one side, that was setback. The side where it says that. Then, there is another very huge parcel . The subject parcel from the appear to be longer, on the street So, that is something certainly to consider. You got the character established by many trees. Homes that are setback very close to the bluff and the home that is is certainly in keeping and I have for the Board so that you don't have to research on it. I took photocopies and that one is a more modern style but again, When I saw you go to the book, I think you may have been and unfortunately and now are and the setbacks . With respect to the height areas. I want to point out to you, that some of the here, most of the 35 feet you know, giving some flexibility . So, again the height of The obstacle of the proposed house is 29 feet from the top of the to the first floor. That is 29 feet, the foundation is 10 feet, so that is not, it is for design However, the problem is somewhat and the bluff is so steep but blocks any view of the water. You go from the grading of the to one hundred and I believe 104 at the top of that slope. One of the discussions present to the Board, are argued alternatives In keeping with the second standard you can by some other method feasible to the applicant . I'd like to On.0 CHAIRMAN GOEHRINGER: We always have questions and I didn't swear you in, but, that's alright. We're seeing 29 feet. The rest of the build up would have been in the foundation? What fill would that have involved? Page 34 - August 18, 1999 Hearings Southold Town Board of Appeals MR. We have as yet, I don't know exactly CHAIRMAN GOEHRINGER: OK. I think I'll go to my colleagues first and then I'll come back. George, do you have any questions of this gentleman? MEMBER HORNING: k1FA10 MEMBER HORNING: I'm looking at the top . How did you convey to the Building Department the design of the roof and height of the proposed building? MS. MOORE : Well the Building Department will accept applications for variances. A footprint, that is a working footprint, the architect designed because of the opposition and sometimes we'll go down to the elevation, we did have a delay Again, we were taking the footprint in mind with what Dr. Hirsch wanted in the house. Now, we've been in that footprint, now we've designed a house and something that we could inside MEMBER HORNING: Do you have any plans at all? What is the most MS. MOORE: So based on that, we suspected that we might use some but where you have a problem where So those are the three alternatives that we we applied for height variance because that was something we knew right off the bat because within the We could always alternate but when you're there on site you find out that the Building Department says, oh, no, no, no, the grade is not where your finished grade is, but, the original amount of grade and now we have a principal foundation you don't want to be in a position So the we will come in the original application plus, not to If the variance is not granted, Dr. Hirsch will lose money under the contract he loses $10,000, that's consideration to the applicant However, the ultimate loser will be the seller and that's why the seller's representative is here because if Dr. Hirsch is going to spend all of this money and ask him to leave, he gets denied, so, that's why all the applications side yard setback and height will only be . We'd rather get rather than be in a position so that's why you technically come in to the Board. the height of the foundation will be the architectural style, height of It's not a very modern . it may be a threat to the before this of 5 feet at most because the . We Page 35 - August 18, 1999 Hearings Southold Town Board of Appeals prefer to have the foundation started at grade and the top but, have to have the foundation poured the Building Department you have four Building Inspectors and their interpretation of ends in the height of the building, sometimes differ. So, to be safe we rather than the 35 . Hopefully and really or we might need 2 to 3 feet, but working CHAIRMAN GOEHRINGER: Before Bob stands up, are there any other issues you guys want cleared up before Mr. Schroeder speaks? Mr. Schroeder, how are you? MR. SCHROEDER.- Good evening CHAIRMAN GOEHRINGER: Somewhere along the line we're going to have to see a lowest floor elevation on the two front porches. So whatever you people decide to do as applicant, OK, MS. MOORE: side elevation? CHAIRMAN GOEHRINGER: We're going to have to see side elevation. MS. MOORE: Well, that's CHAIRMAN GOEHRINGER: No, no, no, on the property, on the property. I want stakes. They've already staked but I want lowest floor elevation. I want elevation, OK. I call lowest floor and so, this is - MS. MOORE- Maybe just a little explanation of MR.SCHROEDER: MS. MOORE: I think it's CHAIRMAN GOEHRINGER: Yeah, but the problem with that is, the problem itself is not so, that's the reason why I'm saying that the culmination of this hearing, that's what I'm going to ask for at this point. I don't want a lot of work, I just want to be able to see it, OK. MR.SCHROEDER: CHAIRMAN GOEHRINGER: But, the problem that we have here Bob are still before us. There's a request of 45 feet. I mean also it appears to us right now that that is not the case anymore. So, at the end of this hearing tonight, OK, we're going to determine what the height of this house is going to Page 36 - August 18, 1999 Hearings Southold Town Board of Appeals be and you're going to give me two elevation factors, in the front so that we can see where this foundation is going to lie. MR. SCHROEDER: CHAIRMAN GOEHRINGER: OK, just talk amongst yourselves. If we can eliminate a variance here well lets eliminate a variance before we conclude this portion of the hearing tonight so that we know where we're going. What else do you have to do for us? MS. MOORE- MEMBER COLLINS- Mr. Chairman? This is little about height is really terribly important because the height variance is a matter of deep concern to me and I got lost and several people were talking at once and I just want you to say again what you just said, but slowly. Let me just put my question please? I've been to the property in my little four wheel drive. I got all the way up to where the house is going to go. I know what it looks like. I can read a typographical map and I understand that the property slopes steeply. We have a cross section on this plan. It shows why a very tall house was proposed. Presumably that cross section reflects a foundation that is shown starting at grade and there would be around it. But, I got quite lost as to what is proposed and how you ended up now with 35 or 36 feet. MR.SCHROEDER- MEMBER COLLINS: So that at the lowest point down on the south side, the foundation is 2 feet into the ground and obviously as you go further towards the front of the house, the foundation is more and more buried, OK, I understand, thank you. CHAIRMAN GOEHRINGER: Now, in light of that, would you please go to the Building Department and see if you're still required to have a variance based upon that aspect. MS. MOORE: Oh, I did go to the Building Department this morning that's why we were, I really wanted Mr. Hirsch to be here because Jamie Richter took a look at t the plans and he said, really where we start with the grade and again with the changes and the location of the house, he said, it's real close and one foot is real close. He referred to You know on the phone he tried to determine it, but being here with all the pictures in front of us, now I have the final decision, but, Jamie said, no, and I showed him the plan. I showed him the survey and that's why we were able to. In fact, my original thought was that we could withdraw the Page 37 - August 18, 1999 Hearings Southold Town Board of Appeals variance all together. However, because of one differential, we prefer to keep the one so that during construction we find that grading and so on we don't get stuck coming back to you. We don't want to do that. At that point he's the owner and CHAIRMAN GOEHRINGER: Did you cut the roof? MS. MOORE: Yes. CHAIRMAN GOEHRINGER: OK, where are we going from here? MS. MOORE: Well we've now reduced our request for the height. We still require side yard and with construction setback from the bluff. 100 feet is where the house is going to be built. The pool in the back . That is something that the owner is so much flexible If the Board wants to keep the we can work with that. That's The second floor will certainly have a view and that's CHAIRMAN GOEHRINGER: OK, lets reserve that for the next hearing because I'm waiting for Soil and Water Conservation evaluation of the bluff. So lets hold that one in abeyance right now. MS. MOORE: Oh, alright, if it's not a problem. CHAIRMAN GOEHRINGER: Well, it's a problem but we're holding it in abeyance. MS. MOORE: Well, I mean we could come back to some CHAIRMAN GOEHRINGER: That would be wonderful. MS. MOORE- Do you want to wait? CHAIRMAN GOEHRINGER: No. MS. MOORE- Soil and Conservation is a - CHAIRMAN GOEHRINGER: They evaluate every project that we have on the waterfront and quite honestly it would be to everybody's benefit to have that because then you would know what their overall evaluation is. Suffolk County Agency which gets funded from the Federal Government which - MS. MOORE: You get a Page 38 - August 18, 1999 Hearings Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Yes, Pat, Mrs. Tortora has a question. MEMBER TORTORA: You say the house is and the town is objecting the width of the pool is 20 feet. Does that mean the construction is only 2-1/2 feet on either side? MS. MOORE- A, just that I couldn't follow on that, I'm sorry. I could the surveyor. MEMBER COLLINS- Lydia the 100 feet is to the upstairs deck and - MEMBER TORTORA: 20 feet, you have - MS. MOORE: No, no, no. MEMBER TORTORA: The pool is 27 x 40, correct? MS. MOORE- Right. MEMBER TORTORA: OK, that's 20. Now, what is the width of the deck, if you're saying the house is 100 feet? MS. MOORE- No, no, no. We're beyond that 100 feet. No, if you look at your extension we are much further setback. 100 foot MEMBER COLLINS: It's just there for reference. CHAIRMAN GOEHRINGER: Where are we going from here? I'm trying to move this along. MS. MOORE: That's fine. One of the complications but, the Building Department So, one of the additional expenses that Dr. Hirsch so again, we're not going to find an able, willing buyer as easily as Dr. Hirsch, that's Dr. Hirsch that has to spend the money and buy variances, surveys and , excavations and then ultimately The ultimate variance is that the existing road is getting out of here. We have fire emergency vehicles. You have trucks that have trouble on the existing road. But, the neighbors would be likely to benefit from Dr. Hirsch's He's going to bare the full cost of to the road So, it will be a benefit to the property owner that Page 39 - August 18, 1999 Hearings Southold Town Board of Appeals CHAIRMAN GOEHRINGER: OK, let me just ask one quick question before we turn it over to . Did you discuss anything with Mr. Tothill concerning this application? This is an unfair question. MS. MOORE- No, no, no, I mean we called each other and I did offer any constructive comments that the neighbors We finally got together as a group in the hallway CHAIRMAN GOEHRINGER: No, no, I'm asking the question because there may be some unanimity that we would during the process. MS. MOORE: We're willing to listen CHAIRMAN GOEHRINGER: We'll wait for it Mr. Tohill, it's always a pleasure. MR. TOHILL: Anthony Tohill, First Street, Riverhead, N.Y. I'm representing Robert Rothberg from the aerial photographs isolated especially in that section representing everybody in the community except for this parcel There were three hearings that I'm prepared to address but, I'm not sure what I'm dealing with . I can address it now. I'm fully prepared. that's a single issue. It's The second issue is the height and as that's a specialized issue. and I spent three years of my life dealing with . That shouldn't happen here. There were serious problems Now, I don't know what to do. They said come back to us with elevation plans. There are no elevation plans anywhere in this Town Board except . They didn't exist unless they see elevation plans and the reason they say, is that the mast, the roof of the mast, that has everything to do with the analysis built of height and then the the total slide doors. are two individual and it may or may not be . How do you proceed because there's no drawing on the table tonight that the consistent is approximately 2 feet on the ground, 7 feet above the ground, 29 feet , the total 36 feet. What do I show the planner? He wants to put it on a , he wants to come in here of the DeGraff house, which is less than 20 feet high, the Rothberg house which is less than 50 feet high and then the . I can't proceed CHAIRMAN GOEHRINGER: Well that's the reason why I'm confused with the elevation. I mean I understand exactly what Mr. Schroeder is saying, but, I'm confused with those elevations because I can't think of the, of course as you know, I only have small expertise in this area, OK, but, I cannot take those elevations and even if they're super planted on the site, OK, maybe not understandable, OK, so I still need them super planted on the site to understand Page 40 - August 18, 1999 Hearings Southold Town Board of Appeals this. Maybe if we ask them to stake them, maybe you can utilize that aspect of it. MR. TOHILL: Then there's that 75 feet from 100 feet where there are separate significance on my street. Maybe I'll be here next, isn't that something? CHAIRMAN GOEHRINGER: Well I'm very simply going to ask them again to place those two stakes so that I can MR. TOHILL: There's nothing that shows the elevation of what 36 feet. The one that we have . We should be able to ask house plan. That's not fair, and they should . the town is allowing this kind of thing to happen. I'm here, I'm hired, I'm in charge of these people. I could not get a professional , show me what it is you want me to talk about. So somehow or other we ended up here with no purpose to select from. No part of the plan to be discussed. and it shouldn't be going forward unless that's on the table so that I can hire my expert CHAIRMAN GOEHRINGER: What are you going to do Ms. Moore? MS. MOORE: Well, to start with I offered Mr. Tohill, . Certainly making the application, we asked for certain things, in light of the opposition, we said, let's try to make I gave . I would hope that after what you heard, recognize that one we wait for conservation accessory structure rather than the foundation. Also, if you look at the aerial, every single one of these homes that have been constructed are at the exact same position and some are actually very close to the bluff there. They should spend the money and consider their own impact and CHAIRMAN GOEHRINGER: So, that means no elevation? MS. MOORE: No, no, no, I haven't said that, no. CHAIRMAN GOEHRINGER: OK. MS. MOORE: I'm just addressing some of the points. That's the addressing that. The second . When I got the plans and had an opportunity I wanted to make sure that somebody at the Building Department because again, you don't want to make a request that is not necessary. Based on the plans that you have, they did have an opportunity to review we had several hearings tonight that's not a problem. I would hope that graphics that I'm sure you have seen on zoning of . We're talking now Page 41 - August 1 ts, -1999 Hearings Southold Town Board of Appeals about amending my application to make 36 feet. That's one foot variance and that is necessary only because the foundation, the 100 foundation is grade. We believe that that 1 foot may be necessary based on how much build you want to bring to property and grade. So, our application formerly on the record through here is that we are requesting a height variance 1 foot. That is a very minor application. Certainly I appreciate the concern of the , the surveyor. I'm sorry if it's very alarming to them, but that's what we had at the time we 'The draft is a preexisting house that in all honesty, we can sell for a great deal of money probably have options of tearing it down. the other homes that were built . It's a lovely house, but, if you have somebody that can buy the properties in that area, they probably would build into the scale. Rothberg is a very small cottage that you so that you can't compare what he proposed here. When you talk about the place of the footprints, I would ask permission for someone from our side to go and measure what is the height of the I don't have the elevations. When you look at the photographs they are very high foundation. In addition, all of the homes that were discussed, they have an unobtrusive view of the water because they don't have the bluff that goes up so high. They can have grandchildren water to view. We unfortunately we don't have that and that's why this parcel has been the last to be developed. and property values go up, parcels of property will take the longest to sell now start coming for the The Board has numerous applications that are unique as this one is and to compare this application to DeGraff, Rothberg aerial example is apples and oranges when you compare. CHAIRMAN GOEHRINGER: So we take that as a no? MS. MOORE: No, it is not a no. What I will do, I will ask, well we, can I say informally for the record, you want me to do it by way of a written to the formal, you refused our height requirement - CHAIRMAN GOEHRINGER: We are aware of that. MS. MOORE: I can ask the surveyor to take that parcel and give you the height of 36 feet which will get the elevations the surveyor and the builder and the excavation. I think you can all work together relatively afterwards the picture of where it would the first floor, the second floor I think that would certainly give the Board a detailed CHAIRMAN GOEHRINGER: It would certainly help me that's for sure. I don't know if it will help counsel. MS. MOORE: We have no objection. Page 42 -August 'i a, 1999 Hearings Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Mrs. Tortora, do you have a question? MEMBER TORTORA: What's an elevation plan? You will provide us with an elevation plan? MS. MOORE: It comes up anyway. MEMBER TORTORA: You don't revise the elevation plan? It MS. MOORE: MEMBER TORTORA: MS. MOORE: You want those? MEMBER TORTORA: MS. MOORE- OK, I just want to make sure I CHAIRMAN GOEHRINGER: OK, well we're going to ask Mr. Tohill what he was looking for. I'm going to suggest two things, OK, that maybe you two should talk about this point, the aspect of it, OK. You know, seriously, I mean, you know. MR. TOHILL: MS. MOORE- MR. TOHILL: MS. MOORE: I would ask that the Planning Board, it would be helpful if you would, if you the courtesy of MR. TOHILL: CHAIRMAN GOEHRINGER: OK, Mr. Tohill, Doc, Doc, yes, I'd like to speak to Dr. Hirsch for one second. Dr. it's a pleasure to meet you. .We sometimes go through these, we'll refer to them as minor travesties. DR. HIRSCH: First off I want to say that, as Mr. Tohill said, this is a community and one of the things that inspired me is my friend South Fork and myself I have property on the South Fork and my wife wanted something a little quieter and yes we looked for Page 43 - August I o, 1999 Hearings Southold Town Board of Appeals a while and many years ago this piece of property and we liked it very much but, I might say the longest contract of record. The contract was acquired a year ago and we have this situation that the contract a variance because itself. Where it is a unique piece of property, it is established The fact of the matter is, that when you walk on this property there are problems. I spoke with Mr. Schroeder many months ago and the attorney made several recommendations, ? Steinberg. At any rate, but we prior to this and we find out , the first thing they learned is that the last man coming in would have to do improvements. Now, certainly, one of the neighbors think, is that people talk. I was quite surprised that the neighbors had hired an attorney by the way. The neighbors discussed this and find out what's appropriate and what's not appropriate. One of the reasons we presented all three different aspects is that the house there's flexibility . I don't want to go . It's not my style. I would like to have a house that we get the benefit of a piece of property on the sound. Certainly there are others that have been grandfathers . Also, the area demands that as an agricultural group This is a very special piece of property and I'm not here to prevent the people around me so that I can build a house at a smaller scale perhaps so that we can find the proper house to put on this property. One of the other thing again, is not a preexisting structure The end structure that's adjacent to family house coming up the other road. I had a chance, I never saw the house, but I knew that and I was quite surprise at the size of the house, . The other thing was that the corporation that the people that are buying the property from, one of the reason it's such a beautiful sale, is (a) I have , and since the cost of defending an action is and one they're two lawyers and there are five to ten people and So, I'm a little . The thing is, that you can do something that's not abusive. I think that the road has to be clean, that's one thing, the size of the house, that's another issue, but, it concerns about and all that. Surely, these things can be worked out and I'm willing to do that and I'd like to try and get that done. The biggest issues I , this erosion and the way the property slopes down and the wooded parcel and that's probably one of the reasons it hasn't been sold. So, I'm willing to put the effort in, the time in, I think in the end, the community will be better for it. I think that if the neighbors that are concerned if they address it directly to me, the attorneys will discuss it, that's how I feel. CHAIRMAN GOEHRINGER: OK, thank you. Mr. Tohill, anything in rebuttal at this point or anything you want to discuss? MR. TOHILL: I don't want to get into the Page 44 - August i o, 1999 Hearings Southold Town Board of Appeals CHAIRMAN GOEHRINGER: 20 years of history. MR. TOHILL: Right, he doesn't know that simply CHAIRMAN GOEHRINGER: OK, right, it doesn't have anything to do with the actual construction. So, what we're going to do here, is we're going to Member Collins who always mentions to me, that she likes to wrap things up in a tight little package, she says just tell me where we're going, OK. We're going here is this. We're going to get the proper maps, we're going to submit the proper maps to you. You're going to submit the proper information or documentation to applicant's counsel prior to the next hearing. The question is, when are we going to get the maps? When is the hearing going to commence, so on and so forth? The point is, that since we are at the 18th and since the next hearing is at the 16th, we assume that we can get the maps in an appropriate fashion. That would be approximately two weeks before the hearing or sometime thereabouts the week of Labor Day. If we don't get them, we're very simply going to hold it over to October. However, we are going to get the evaluation to Soil and Water Conservation which we will submit to counsel and we submit to you and as you know, they tend to be very helpful in these areas. It's somewhat invaluable actually and so you'll find that Doctor to be a very good tool in reference to whatever neutering of the bluff you may have to do and they are a very, very, very adequate outfit in this whole scheme of things. Once we commence the hearing then we will be able to, I will go back to the site. I've been there three times already. I am very familiar with the road. This Board has heard this a hundred times but I've been a fireman in the Town of Mattituck for almost 32 years and I have gone up and down this road at least twice a year with fire equipment to make sure fire equipment can pass through there and primarily ambulance. MS. MOORE: If you could be so kind. The main issue for the applicant are the side yards. I think in all fairness Mr. Tohill plead his argument is that the side yard because what exactly is the problem with the side yard line to be proposed? or what in their mind could be . Certainly 45, 40 feet which is what the Code requires is unacceptable to the applicant and we could end it all here because the is not as a practical area variance we could certainly and Tohill knows that we could end that argument . We are willing to listen. first place repeatedly offered to listen to their concerns, we tried to accommodate their concerns, - CHAIRMAN GOEHRINGER: I don't think, I'm not speaking for them, but, I'm not sure that I understand the impact of the house and I'm not sure that they understand and I'm not speaking for them. I think elevation factors will help me understand though. As you know this Board regardless of what they say, has Page 45 - AuguSL a, 1999 Hearings Southold Town Board of Appeals the right to anything, OK, so we will do so, collectively in a normal fashion the way we do in every application that is before us. I have to go back and understand this situation, OK. MS. MOORE: Well maybe we can hope that at the next hearing they can be more specific on the grounds of the hearing, of what exactly are their concerns. You know, to put up a 45 foot house, they know it's unreasonable, Tohill knows it's unreasonable and taking that position, I hope he takes that position because that is a very unreasonable position - CHAIRMAN GOEHRINGER: I understand. I don't think we've gotten to that point yet to be honest with you. I don't think we've gotten to that point. So we thank everybody - MEMBER COLLINS- Mr. Chairman? CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: You know in the interest declared, the , when you were agreeing with counsel what we're going to do before the next meeting, you were usually the term maps, and I think that the things that we have asked for are a revision of the cross sectional drawings showing how the house fits into the land and do I also understand that we were asking for elevations of the building from the other two sides? We have the front, a west and the east now. I'm not sure that was being asked for and I want to know what we asked for. MR. TOHILL: North and the south, there was discussion with the Board about east and west but I'm against the elevation wall gives the surveyor a second wall and I cannot MEMBER COLLINS: An elevation drawing. I'm sorry, I'm confused. MR. TOHILL: That's OK, but they're here. MEMBER TOHILL: Here? MR. TOHILL: That's them, those are elevation MEMBER COLLINS- What we have, OK, I want to make sure. I understand this isa- MR. TOHILL: Yes, you're calling them cross sections and I'm calling them MEMBER COLLINS: No, no, no, Sir, I was calling this thing cross section. Page 46 - August 18, 1999 Hearings Southold Town Board of Appeals MR, TOHIII: OK, that's something I may not have. MS. MOORE: That's the cross section I understand what you're saying. MEMBER COLLINS- Right and we have here only acquired today, elevations of the front and the back of the house. Was anyone else looking for any other elevations? You just want to get your hands on these elevations? MR. TOHILL: Those primarily. I would love to have the rest MEMBER COLLINS- Is to get hold, fine, now one other thing Mr. Chairman, are we going to ask the applicant to sort out with the Building Department whether or not they're seeking that height variance? CHAIRMAN GOEHRINGER: Well, I would hope that these maps would be documentation if they with Mr. Richter who is an engineer, they'll be able to tell him that. I don't mean to sound sarcastic - MEMBER COLLINS: Well I'd like us to know because I want to know if we're hearing a height variance argument or not. If we are, I'd like to have it defined. MS. MOORE: The only BOARD SECRETARY KOWALSKI: Are we asking for the east, west elevation? MEMBER COLLINS- No. MS. MOORE: Well I'm going to give you all CHAIRMAN GOEHRINGER: I will recess this to the next regularly scheduled meeting, OK? However, if we don't receive it in a timely fashion, we are very simply going to skip over that meeting and at that meeting we're going to say, exactly what I've just said. We have not received the documentation. This is no hazard to anybody, we have not received it timely, but, we're going to jump over that meeting and we'll zip right into the October. How does that sound? MR. TOHILL: CHAIRMAN GOEHRINGER: Well that's what I just said. It has to be somewhere in that week so that we can have it a week, a week and a half before. I said two weeks, but I'm just saying. BOARD SECRETARY KOWALSKI: It could be the day after Labor Day. Page 47 -August 16, 1999 Hearings Southold Town Board of Appeals CHAIRMAN GOEHRINGER: Which is what, the 7th? BOARD SECRETARY KOWALSKI: The Tuesday after Labor Day. CHAIRMAN GOEHRINGER: Tuesday, after Labor Day, alright? MEMBER DINIZIO: Well I'm concerned that if we come back and we're ready to go CHAIRMAN GOEHRINGER: No, I think we all want to conclude this hearing well before that. OK, so that's where we are here, is that correct? Are we going for - BOARD SECRETARY KOWALSKI- Pat you can send the plan directly to Mr. Tohill, just timely. MS. MOORE: I think I probably will. BOARD SECRETARY KOWALSKI- OK, thank you. CHAIRMAN GOEHRINGER: So I offer a Resolution ladies and gentlemen to recess to the next regularly scheduled meeting. BOARD SECRETARY KOWALSKI: September 16th then. CHAIRMAN GOEHRINGER: All in favor? Motion carried. See Minutes for Resolution. End of Hearing. Prepared by Lucia Farrell. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 August 19, 1999 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 11 Re: Dr. Hirsch Dear Chairman and Board members: Margaret Rutkowski Secretary Enclosed please find five prints of the revised survey showing a cross section of the proposed height of the residence. As we stated at the hearing our application is amended to a heightrvarianc /of 36 feet. Very truly yours, Patricia C. Moore cc: Anthony Tohill Esq./ with survey ANTHONY B. TOHILL MICHAEL T. CL1 FFOAD OF COUNSEL t44�-a;4 A]1qTHONY B. TOHILL, P.C. ATT011NEYS AT LAW 12 FIRST STREET P.O. BOX 1330 ]RIVERHEAD, NPW YORK 11901-0903 August 19, 1999 VIA FACSIMILE: 765-1823 Ms. Linda Kowalski Zoning Board of.Appeals Southold Town Hall Box 1179 Southold, New York 11971 P_02 TELEPHONE: (516) 727-82A2 Re: Calendar for September 16, 1999 Apjjc-qtion of Hirsch Dear Linda: When I was able to check my calendar this morning, I found I cannot be present until 10 PM on September 16, 1999 because I am scheduled already at the ZBA in Westhampton Beach. Then I received a series of calls from my clients, and two cannot be present because they are respectively each out of state (in Illinois and California) that evening. Respectfully, I am asking that you notify the Chair and let me know this matter would be on October 15, 1999. I assume the elevation drawings will continue to be delivered as per the Board's instruction last evening. Thank you for attending to this. Very truly yours, ti Anthony B. Tohill ABT/lm cc (via fac:eimile) : Patricia Moore, Esq. at 765-4643 c:\word\lettere\Kowalsi-SoutholdZBA-Rothborg-Hirech Augt- 10-539 OS: 1GA 40 ft P-02 ANTHONY B. ToHILL, P.C. ATTO)INEYS AT LAW 12 FIRST STREET ANTHONY B. TOHILL P. 0. BOX 1330 TELEPHONE: (516) 7274e362 MICHAEL T. CLIFFORD x IVERHEAD, NRW YORK 11901=0603 OF COUNSEL August 19, 1999 VIA FACSIMILE. 765-1823 Me. Linda Kowalski Zoning Board of Appeals Southold Town Hall Box 1179 Southold, New York 11971 Re: Calendar for September 16, 1999 Application of Hirsch Dear Linda: When I was able to check my calendar this morning, I found I cannot be present until 10 PM on September 160 1999 because I am scheduled already at the ZBA in Westhampton Beach. Then I received a series of calls from my clients, and two cannot be present because they are respectively each out of state (in Illinois and California) that evening. Respectfully, I am asking that you notify the Chair and let me know this matter would be on October 15, 1999. I assume the elevation drawings will continue to be delivered as per the Board's instruction last evening. Thank you for attending to this. Very truly yours, Anthony B. Tohill ABT/lm cc (via facsimile): Patricia Moore, Esq. at 765-4643 c:\word\letters\xowalsi-SoutholdZEA-Rothberg-Hirech Au9_ 19-99 08: 16A 40 6 ANTI30NY Ii. TOHILZ•, P.G. ATTORNEYS AT LAW 12 FIRST STREET ANTHONY A. TOHILL P.O. BOX 1330 MICHAEL T.CLIFFORD RIVIIRHEdD, NEw YORK 11001-000:3 OF COUNSEL TELEFAX TRANSMITTAL SHEET TO: Me. Linda Kowalski at 765-1823 cc: Patricia Moore, Esq. at 765-4643 FROM: ANTHONY B. TOHILL, P.C. Fax Number: 516-727-6336 NUMBER OF PAGES, INCLUDING THIS PAGE: 2 DATE: August 19, 1999 RE: Calendar for September 16, 1999 ATTACHMENTS: Letter. A.B.T. P_01 TELEPHONE: (516) 727.6303 THIS COMMUNICATION MAY CONTAIN INFORMATION WHICH IS CONFIDENTIAL AND/OR PROTECTED BY THE ATTORNEY-CLIENT OR OTHER APPLICABLE PRIVILEGE. IT IS INTENDED FOR RECEIPT AND USE SOLELY BY THE INDIVIDUAL(S) NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THIS COMMUNICATION TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, DISTRIBUTION OR COPYING OF THIS DOCUMENT IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL DOCUMENT TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. FAX-Cn 7 OFFICE OF BOARD OF APPEA.CS Somt" oldi�o7vrt .mall 53n95 MaM Yeoad- SoutA014- -NY 11971 765-i8og Z23A teC. 765-9064 Z13A teCefax. August 9, 1999 Suffolk County Soil & Water Conservation County Center, Room N-210 Riverhead, NY 11901-2100 Re: Construction at less than 100 from Top of Sound Bluff (Hirsch) Location: Private Road #11 off N/s Sound Avenue, Mattituck Gentlemen: We have received an application requesting variances for a proposed dwelling, inground pool and deck at 75 feet from the top of bluff along the Long Island Sound. (A copy of the applicant's sketch is attached together with a copy of the County Tax Map of the general area). May we ask for an evaluation and suggestions relative to the bluff and immediate area. A public hearing will be held on August 18, 1999. Thank you for time and assistance. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosures C:\WINDOWS\DESKTOP\Incomplete Submissions\SoilWater.doc 5 A � ANTHONY B.TOHILL MICHAEL T. CLIFFORD OF COUNSEL BY HAND ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET P. O. BOX 1330 KIVERHEAD, NEWYORK 11901-0903 Hon. Gerard P. Goehringer and Members of the Zoning Board of Appeals Southold Town 53095 Main Road Southold, NY 11971 If L - TELEPHONE: (516) 727-8383 July 16, 1999 V Re: Appeal 4724 - Calendar for July 22, 1999 Application of Joel and Maxine Hirsch Dear Chairman Goehringer and Members of the Board: I have been retained by a number of neighbors of the subject premises who wish to object to the application. I have spoken to Patricia Moore who is the applicant's attorney. She has consented to this request for an adjournment because I am engaged on behalf of the applicant, Roger Barne , e ore the Village of Southampton Zoning Board of Appeals and on behalf of the municipality before the Village of North Haven Planning Board, each also on the evening of July 22, 1999. Neither Ms. Moore nor I request that this matter be readvertised and if, in the Board's discretion, it is decided to open the hearing to avoid readvertisement, we both consent. Thank you for your consideration. Enclosed is a postcard on which I request that Linda Kowalski advise me of the next date. I will then promptly advise Patricia Moore. t��'rrY Very truly yours, Anthony B. Tohill ABT/bb Enclosure cc: Patricia Moore, Esq. OFFICE OF BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 ZBA tel. 765-9064 ZBA fax e44eu�rx:'::44r4r�r:•:4::Yze4rdea'regio':�e:4:'re'e�e�r4r4r:'r4r4e�eudr4r�e�:4ruac�r9r4e�e:'e4ruee:4:':o4�e4r4r4r4r4r4r�r�e:4:4se4r4r�r4e�e4r�e4re44eoe4rx�ede9r4e�ru4ru July 19, 1999 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4724 - Variances (Hirsch Property) Dear bore: Your June 28, 1999 letter was transmitted to the Board Members for review. In the essence of clarifying the status of this request and reply, this will confirm that no waiver has been considered by the Board. It is expected that information in respect to this project will be requested by the Board for consideration at the public hearing. Also, please find attached copy of letter received Friday, July 16, 1999 from Anthony B. Tohill, Esq. requesting an adjournment (recess with a new date). Please confirm whether the applicant will be available for the August 18, 1999 hearing calendar, or alternatively the September 16, 1999 hearing calendar. Ta �you. Enclosure 6 Very truly yours, Linda Kowalski Board Secretary r� a6/1ti/lyyy 12:08 5167654643 LAW UFFICES MOORE PAGE 01 r PATRICIA C. MOORS Attorney at Law 315 Westphalia Road P.4. Box 483 Matbituck, New York 11952 Tel; (516) 298-5629 Fax- (516) 298-5664 Margaret ,Rutkowski Secretary June 28, 1999 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Joel and Maxine Hirsch Appeal No. 4724 Dear Chairman Goehringer: In response to your letter dated June 28,1999, 1 have asked Joseph Ingegno to flag the corners of the house and deck before the July 7-t' deadline. As soon as this is done I will leave a message with Linda. The applicants have not prepared building plans for the proposed house. The building plans can not be prepared until a variance is obtained for the proposed width and height of the house. The building permit application included the same survey submitted to your board. Where an applicant only seeks a notice of disapproval the building department will accept an accurate survey with the proposed footprint. The proposed height variance is depicted on the survey by the cross section of the topography of the parcel and height of the proposed house. In addition, the applicant is a contract vendee, has been given time to LVA �V� 1 JJJ +c• VV .�+V i ��r obtain the required variances, but building plans require architectural drawings and engineering. The plans would be significantly different depending on the variances granted, in addition the applicant has the right to terminate the contract if the variances are not granted, so plans would be an unnecessary expense. Therefore, the applicant does not intend to prepare plans until, after he actually takes title to the property. If you have any questions please do not hesitate to contact me. Very truly yours, Patricia C. Moore cc! Dr. & Mrs. Hirsch Shep Scheinberg Esq. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Fax Transmission to 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD June 28, 1999 Re: Appl. No. 4724 - Joel and Maxine Hirsch Dear Mrs. Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 In reviewing the recent application for Mr. and Mrs. Hirsch, we notice that the house plans have not been submitted. Also, a recent visit to the property found very heavily wooded property which is not accessible by car or foot. Please confirm when an access drive has been created at the property and when flags have been set for the dwelling location. Also, please furnish six copies of the building construction plans which were disapproved in the Building Department's June 14, 1999 Notice of Disapproval. The above information is needed by July 7, 1999 to complete the file for a July 22nd hearing. The following deadline is July 23rd (for an August le hearing date). Please let us know which hearing date will allow sufficient time for you to provide the above. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN 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: June 18, 1999 RE: Zoning Appeal No. 4724 - Joel 8 Maxine Hirsch Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4724 - Joel & Maxine Hirsch. Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Letter of Disclosure, Notice Of Disapproval with Application For Building Permit attatched, Receipt# 56384 from Building Inspector and one print of origianl survey, not 5 as stated in transmittal letter, PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 June 16, 1999 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Joel & Maxine Hirsch SCTM#1000-112-1-12 Sound Avenue, Mattituck NY Dear Linda: Margaret Rutkowski Secretary Enclosed please find an application for three variances(Setback from Bluff, Sideyard setback, and height variances) for the above property. Enclosed please find the following: 1. Copy of notice of disapproval dated 6/14/99 2. Application with attached check in the amount of $600.00 3. Questionnaire 4. Transactional Disclosure form 5. 5 original prints of the survey prepared by Joseph A. Ingegno which includes at section A -A which shows the height of the proposed house and height of the existing bluff. 6. Disclosure for William D. Moore If you have any questions, or request any additional documents please do not hesitate to contact me. Very truly yours, ricia C. Moore cc: Mr. and Mrs Hirsch Shep Scheinberg Esq. 99 a_tj,td'X REICEIV;rr% JUN 1 3 1999 Town Clerk Southold TOWN G`f :•^.t;t?It?LL, NEWYORK PF TOR APPEAL ►10 DAI E AP-_.Alc TC -,NN Uf SOUifIGLU, N. Y. i Max ir7e.....Hirsch.......of .....5 7.C...Park AJenue,, Street and i•vLmber ......... ........HEREBY APPEA[ 'f C, .?D nF AP;)EALS FPOM THE DECISION OF THE BUILDING '',SpEC'1OR C3t•, TNO ................. .. ........... DAl ED .........,, . .... .. �r R! INSPECTOR DEMED ...•,•.,• Nom,! t,f Applicant for perntybP. : t?fcct rand Number........................Municipality......tole ..........., .S .,.,,.. !PA!`.l{ ✓ irivaSttr?roJtdo,f f Sr)unci hvc?r`up^oreT3G PiC3bEfTY .... eet 131 r_. t["ii 1�Q 110.1 docs -op ,� r __-�...._......r.........._..Curt er+t Lot files pr s or Butner F.a�r�C�� 114F ORDINAKICE �r Rt_Ft� (inc�rentr t�. Sect �� i :_i 'tee .73rtiin; OrdinanCe by r,ur�r•,+•ar DO not quotePI,e i:r :3c c ? • _r iuR ?,Nicol is sncy�@ here,-i!h for (please check eppropridLe ; +2 .ZGr,!rir 0Fdir',0nr.0 01' ZOninf, ly t0 IOi r.' Os r7ctril4 (State tr{ 1'JCw Yil7K To'vrr>! LtlW 0,ua7, 62 (7.Qrr? prpv:ou- opprol )1bljr (hoS nolo" bee,mode with rasper't Z,-,. ?rtls dlciv , �,f •,v6 tP•, :'»SC~�°C.r 13 tr;iJ �?tr_i}6rl�j,, ( is Peyuvsted for rhe reosort that construct residence and pool on arrow lot, requesri yard, he and setback from bluff variance Finn ZU1 (L_.ntlnue on other side) in -ed Peas= fir Appeal Con; Zoning Roard A Appeal,-, Lt:: ,:oul anj Maxine A H1L`3'- 1 FUx 8uant Teo lawn La., sencion 267 -, the soul of"—, ,-, k more or `'' na2 benefi._H anricipaced by whe ap....,_{..aoL -0. .N pntenti.ally dslete•rluus effects chav a giant nt :- ' . , ,11_-�f requ"l-Sr ed wo-.-_d have on the healt.", sate'= Vel f :re of ;he effected neighborhood or c:ommunIty. in `f"y,..+;nq this balancing test. the Zoning Ewar6 IS i.+rtyC� rink the lesponeibil1':y cc consider ;.he :. - p f . ' - ilUt iar�� a� iI: Town ;maw Section 267b._.i T'h e t' s •')U: d he glanced fol" the following reasons: NC undesirable change will be produced • K ;.x-aC P ., of the neighborhood or a detriment 0- 7earby r, op, • . :es: if the variance is granted. :i1CZneC. he Survey as 'Se^t , rn 41 de Yard 100 variance: The lets are icng and Her in width, the proposed finuse nn nhy pr rpe c.- to hennf _ n from i g1 Znd Strand. ire properties in Q"Jh, lo po clue 1... C N1 :? :. tee tri v •:HPI'. narrow, Deln-4 eche . i e o rhe area ace ,-, k more than 100 tF€'., from :._ -1 L'.. , ..ri: s .rtt WOO than an s 00 feet w .. l Pr,hance .: `:e va . .. :. - p f . ' n& UP properly by "akinq QAe ..`rE. i Or-rapay -r :i1CZneC. he Survey as 'Se^t , rn A' • o Che N w • ' 15 24t .:met dhow. :: C io" i �i -.��: ,:(' :�'',iC'7� C?:_1:7, �••�r_C1 �jr?1-c��'% 7'.,i . TI'� °' . � - � , , +- 4-, .''; ... l:: : o.. J i•. t? ,fir, .-Y r,.- �. V 'L ri .. i f- .'el sen a .,.etas o sat t I + _ _ . rJ� 5I f,5 r H'•'. I_'FF I.=car fli-CRE L i'f:E' ' u^,et 2'. ii1-: 911 IiV T - he apy,1.1ca,1r. C:an not } -tCve t;y Some r.,eChC),I �ae&sir)ie _"�r the app' icant to p1.irsli,, ,)t hel tha71 -- n area vaa2 _a.nce Side Yard. q t is over t":':o acres but veiV I2a?1""rv'sJ, inn or :i Ila 1-.�-1J !'loose wcu' d be undes!. ab7 e a.-, Ci zhe api cant would not he interested in purchasing tha.,; parcel. setback to Bluff: The setback of the o-�se i:= over eC,t, only the pool and deck is at less than 10^ feet.. The add acent pr!�)perty i s ser_ ?-)ack at approxi,mai-,, ! y 50 fee,t from the bluf f , the poral and deck ,are p ,,-ed : n c�-,ntorm!y with the 'accessory structures of the au)nce.nu Height: without the height variance the view (Jt tr:e IC.r1, Island Sound will be limited and the .applicant Wi-ll 1i;r.ited benefit of the property. As was r;re-vIousiy �-i ,�. r desi rIi✓r d, tl-.e CtOLII.r �f f i - - equz ed to ra He 1-e grade of the property is e s s `easi ble to the aj-,p, icA"t uhan si,ply increasing the height of the residence. area variance �9 not st!bstant, ial The C'a-lt:*: of the ba 1 anL,in -s weiahs In favor of thr' r.;i'�als". .;i i. �"eL Vi:3•� 1ct:1�E' . 'nA6-1 yards. :h $?rbacks are myna-.-ia! ICS -2,44 feq�;wrWs s _ yard, batter , t e pI-c,p::) Ste 1 m Jcat .on lad's . $? ,-iti.,se cer'itra1. 1-:1 r. Cite PrZj P e I. -r lic- e.18Slta`.-na ti'L� �►C ;C7 BI'aff " 1.1(:11se aaci part of the -Isr-'k :J0II"6 ",-e the £ k -!I e r')C)01 er::i1 ^C7C: .?r rJ;_ E, ,,:>,..-e :s he equi,.,a'e°-r. _:sa . n C-- Irlq"3 ;,,- to e stet n a r -`,ed cs x tet 1i? caw ! , I ve Y tI� 0',1`..�C 3 '.'y a' C� t:hP t'. 4 ?..._f? (n;_•_ i °e Iii a6.,erF; e 1 e c t i -,r 1 G. F 1�e ves 1, CY mi 1cit "iy '''K;-1 and th113 Y)arce1 wl.li 1-1or adver,-18':y afiec.t. t~ell' .arCr.. , the "de velc;pne:. <;_. _F1C aart:.t Proper t S t1a.s rice ::r;:Pa e6 the Phys i,- 0 r -or er=v`r.onmentai c:ondI ��-ions of ti;e sub.)ect property. T}:e oarce? tc� r`:e eas, .5 acres Which could ae s=_:bdi-v-eA d and developed with Lees than the required setkai•:�s . Setback from Bluff: At i5 feet .frccr, the nluf f , L. -1F propcsed pool and deck will have minimal impact. o1! th Height: The add :t tonnl heiq},t will not of fecr a 3jac2^C proper-,ies in that the he_c;ht of thy 1° . ~se. :f imz.)acts the adjacent properties more t reque_zt !�o increase rhe neigA3t. of :he propon?d ho—lsp.. c The alleged difficulty was not self-created. The conditions of the prcperty, topogr.apny , raaxxow lot, create the nilificulty. The applicant. k=isha-s to des: 91-1 a 'dome that is suited cC the pr=:5percy, -- property property wo,.11d not be desirable Co the applicant 1f the varianr_es are not araiLed. F if1E Va'rI-ar..Ce! requt--ted is the minimum. vert aril t raC.t , Ca : q :=pr the ;ers-�na1 benefits ant_cipated by tr:e ai,r.; g rant . r ,e P -Opk-r-ty 1 s val.:.tabi.e for its -CrClat -:r: 0:7 the ,ono Tsland Sour. -I and views, the B1ufr cr--at es a nar— ura.. tearllre tihat r1 R11_^.'. ci.heq the Vlew. The :r p ; ,,, giant wi--hes to b'_:..ld a r:.M frau works with the I- y-'—atures as we 11. aIq the II-nitatl.on,s of t.'-ir= e .._�:l..y r"G"E'S th at tiie appeal be granted, 'J jpf A F V.itiJ anv f .tiler rel let.lat 14 tiiP� ivu moo/ 3�_ y33�sar FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; June 141999 TO Patricia C Moore Esq A/C Barterama 51020 Main Road Southold N.Y. 11971 Please take notice that your application dated April 23, 1999 For permit to Construct a One Family Dwelling at Location of property Private Right of Wad off Sound Ave County Tax Map No. 1000 - Section 112 Block 1 Lot 12 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds; 1 Pursuant to ArticleXXIII Section 100-239.4A. 1 , All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank Proposed project located within 75 sevepU five) feet of Top of Bluff. 2 In R-80 zone minimum side yard setbacks as stated in Article III Section 100-32 are 45 (forty five) feet combined with a minimum of 20 (twentX, on any one side Proposed project indicates two equal sides at 17.5 (seventeen and one half) feet each. 3 In R-80 zone maximum building height as stated in Article III Section 100-32 is 35 ( thirty five ) feet Proposed project shows maximum height at +/- 45 (forty five ) feet. a..43 - Authorized Signature APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Fax Transmission to 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD June 28, 1999 Re: Appl. No. 4724 - Joel and Maxine Hirsch Dear �Pqu6 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 In reviewing the recent application for Mr. and Mrs. Hirsch, we notice that the house plans have not been submitted. Also, a recent visit to the property found very heavily wooded property which is not accessible by car or foot. Please confirm when an access drive has been created at the property and when flags have been set for the dwelling location. Also, please furnish six copies of the building construction plans which were disapproved in the Building Department's June 14, 1999 Notice of Disapproval. The above information is needed by July 7, 1999 to complete the file for a July 22nd hearing. The following deadline is July 23rd (for an August 18th hearing date). Please let us know which hearing date will allow sufficient time for you to provide the above. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN J114—.B-1999 11:55 ( a A 12S--arfl.mht eomr.cr _ -.•�� u L -•2 ,r-'1, Julhth' Prr(!dreQ h.' lit Real Pr7perr ur of rho .vet. }'urk Stare Bar A.es..crarlw, rl:r M1'ra York Smr, )f 4 i'orA o 1 oa. Iknlsoily lua•gfrltPi{'1,LiriuriO,j.gfdu• Sar njthr, Crrr of Ncw link• and the Connniur.,nn Rea! IroPcrlr /rrirnj.......-tr Yrrrk C. r 1 auonnriun. o WARNING:. NO REPAESENTATION IS MADE THAT THIS.FORM OF CONTRACT FOR THE SALE AND PURI: REAL¢)1 TA 1 190 COMPLIES WITH SEcT1bN 5.702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAG y��ll��dZ�1 q NT CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEME NOTE: FIRE AND CASIIJALTY LOSSES AND CONDEMNATION. 1 hi, contract torm doe% not provide for *hut happens in the eVCnt of lire, or other casualty lobs or condemnation before the it C ing. UnjcIs different p; pyisirn ib made in flys contract. Section 5-iJ! I of the General Obligations I-, a' will apply. One part of that haw makes a Purehe r responsible for !ire n i •ahualty jobb upon taking possession or the Premises before the title closing. _ Residential Contract of Sale FVIRV*A� 74 euntrurt of dile made as of � [9 99 BETWEEN BARTERAYA CORPORATION EMPLOYEES PROFIT SHARING TRUST Address: c/o • KALNICK, KLEE & GREEN, LLP, 767 THIRD AVE., NER YORK, NY 1001herenatter called "Sclicr" and Social Security Numberl Fed. 1. D. No(s)t JOEL EIRSCii and MAXINE J. HIRSCH, 1ziS wife Address; 975 Park Avenue, New York. NY 10028 hereinafter called "Purchaser". Social Security NumbcriFed. I. D. No(s): Thr garlics herieliq ugrer its # rlIvEve: 1. Prerolses. Seller shall soil and convey and Purchaser shall nurchasc the property. 44 �rryte-Hwrww {collcct,rety the "Premiscs'�, more fully described tin a separate pap marked "Schedule A annexed hereto and *rade a part hereof and also known as: Street Addrebs: NO. 0 ALDRICH LANE EXTENSION 'rax Map l]csignation: SEC. 112.00 BLOCK 01.00 LOT 012.000 I ngether with Seller '% ownership and rights, if any, to land lying in the bed of say street or highway, opened or proposed. adjoining the Prcmi.rs to the center line thereof, including any right of Sclicr :o any unpaid award by reason of any taking by condemntt- tiun and'or for any damage W the Premises by reason of change of grade of any SUM', or Highway'. Se=ler shall deliver at no addi- tjonal cost to Purchaser. at Closing (as hereinafter defined). or Ihercaficr, on demand, any documents that Purchaser may' reu- sntt;tbly require for the convcyarjCe of such title and the asbigll- ntcn! and colic. -tion of such award or damages. etch of personal property now attached or appuenant r lc I'rcmi,es, unless specifically c.,Cludcd below. Srt e11cr rcpt to and ttarianlb that at Closing lhev will be pair! far and o5peaby Seller, tree and clear of all hens and encumhrmlecs, EAmPt any existing mortgagc to which this salt may be subjcc• ev Include, but arc Itot limned to, plumbing. heating, lig ,4h4g' and cooking Iixtures. h:uhroam and kitchen cabinets, rlcls, door mirrors, switch plates and dolor hardu•arc, y tion Minds, window treatments, shudcb. screens. nwpings orm windows. storm doors, window boxes, mail box. T acrialb, weather vane. flagpole. pumps. alirubhery. fcnci , outdoor btatuary. tool shed, dishwasher, wash - Eng machin wash- o' drier. garbage disposal unit. range, oven, ;—d-rigen- fn Ivor, air conditioning cqutprncnt and mstapatlom. wal r wall carpeting and built-ins not excluded bciow lsrrrke ora 3, Purchase Price. The purchase price is S 210 , 000.00 payable as follows; (a) on the signing of this contrnet, by Purchaser's check payable to the Pticrouee (as Itcre(daftcr defined). subject to collection, the receipt of which is hereby acknowledged, to he held in escrow pursuant to paragraph 6 of this contract (the "Downpaymcnt'�: i 21,000.00 (h) by allowance for the principal amount unpaid on the exist - nig mortgage on the date hereof, payment of which Purchaser shalt assume hy,joindcr in the deed: S (c) by a purchase money note and mortgagc from Purchascr to Seller. E (d) balance at Closing in accordance with paragraph 1: s199,000.00 A. ru •a erisring marz�age as indicsre - a ovc: ai 'ire cony.' rrubject ro the continuing installments or 5 which include ptinctpal, i r- est and escrow amounts. if any, and with ar.y balance of pri incl being due and pay iblc on {b) To the extent that any required payments are m c on the exibting tnortgaV between the date hereof and Cl ing which reduce the unpaid principal amount thereof bclo the amount shown in paragraph 3(b), then the balance of the rice payable at Closing under paragraph 3(d) shall be increased y the amount of the payments of principal. Sclicr represents a warrants that the amount shown to paragraph 3(b) is subs ntiaily correct and ;igrees that only payments required by the xisting mortgage will be made between the date hercol' and Clo ng. (c) If there is a mortgagee escrow a urt, feller shall assign it to Purchaser. if it can be assigned, an in that case Purchaser shall pay the amount in the escrow accou to Sclier at Closing. (d) Seller shall deliver to Pu haser at Closing a certificate dated pnt olore than 30 days b- orc Closing signed by the holder of the existing rnortgagc, in orm for recording, certifying the amount or the unpaid prin pal, the date to which interest hal: been paid and the amount if any. claimed to be unpaid for prin- cipal and interest, iteilliz• g the sante. Seller shall pny the fees for recorutng such eerafic• . if the holder of the existing morig tge lb a bank or other insti tion as defined in Section 274-a of the Rcal Property Lait . instead of the certificate. furnish a letter Law signed by a dul authorized officer, employee or agent, dated not more than 0 days before Closing, containing the cama information. (e) Seller cprescats and warrants that (t) Seller has delivered'o Purchaser ruc and complete copies of the C.%156rig mortgagc. the note Sec ed thereby and any extensions and modificatons thcrcof, (ti) th existing mortgage is not now, and at the time of Closing Willi of be, in default. and (iii) the existing morlgagc dots no: co ain any provision that permits the holder of the mortgage u, r vire its immediate payment in full or to change any other lean to be a purchase money mortgage as indicated in paragraph c) above: (a) The purchase money note and mortgage shall be wn by the -ittorriev for Seller in the form attached or, if not. i to stand- ard form adopted by the New York State Land Titl ssociation. Purchaser shall pay at Closing the mortgage recor g tax. record. ing fees and the arlorncy's ices in the amount n' for its preparation. (b) The purchase money note and mo. age shall also provide that it is subject and subordinate to t en of the existing mort- gage and any extensions. modifiat' replacements or consoli- dations of the existing mortgage. ovidcd that (i) the interest rate thereof shall not be greater th percent per annum and the total debt service "`cc eunder shall not be greater than S per num, and (ii) if the principal amount thereof shall exceed I amount of principal owing and unpaid on the existing mong at the time of placing such new mortga6K or consolidated m gage. the excess be paid to the holder of such purchase eno - mortgage in reduction of the principal thereof. The porch money mortgage shalt also provide that such pay- ment to c holder thereof shalt not alter or affect the regular install nts, if any, of principal payable thereunder and that the hol thereof will, on demand and without charge therefor, oxo- c e, acknowledge and deliver any agreement or agreements 6, Downpayment in Escrow. (a) Seller's attorney ("Escrowee') shall hold the Downpayment for Seller's account in escrow in a segregated bank account at MARINE MIDLAND BANK until Closing or sooner termination of this contract and shall pay otcr or apply f r Downpavmefll in 30010V Mb IPC iCflffat this paragraph. Escroltr'e shall (1101) (AIr1f If111pf1pf pQA�P) h7f(1 7UN-19-1999 11:57 tui uw uuncut of me parties, at shall be paid to the party entitlec Downpayment end the party receiving the interest shall pi income taxes thereon.4f inlcr- est is not held for the bene he parties, the Downpayment shall he placed in an IOLA account or as otherwise permitted or required by yaw. The Social Security or Federal Identification numherb of the parties shall be furnished to Escrowcc upon request. At Closing, the Downpayment shall be paid by Escrowee Ju Seller. 1f for any reason Closing docs not occur and elthcr parry gives Notice (as defined in paragraph 25) to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does not receive N'nlioc of nbjcction from such other party to the proposed pay - mem within 10 businQns days aftar the giving or such Notice, liscrowcc is hereby authorimd and direcxd to make such pay- ment. it Cscrowee docs receive such Notice of objection within such 10 day period or if for any other reason Escrowcc in good faith shall elect not to make such payment. Escrowee shall con- tinue Its hold such amount until otherwise directed by Notice from the parties to this contract or a final, nonappealable judgment. unler or decree ora court. However. Escrowcc shall have the right at any time to deposit the Downpayment and the interest thereon w•iLk the clerk or a court in the county in which the Premises are located and shall give Notice of such deposit to Seller and Pur- chamcr. Upon much deposit or other disbursement in accordance with the terms of this paragraph. Escrawec sbali be relieved and discharged of aii lurthcr obligations and responsibilities hereunder, fh) The parties acknowledge that, although Escrowee is holding the Downpayment for Scllor's account, for all other purposes Pscrowcc is acting solely as a stakeholder at their request and for their cunvenicnce and that L•scrowac shall not be liable to either party for any set or omission on its part unless taken or suffered tet bud fifth or in willful disrcand of this contract or involving gross negligence on the part of I_scrowce. Seller and Purchaser faintly and severally agree to dercnd, indemnify and hold Escrowco harmless from and against all costs, claims and expenses Unaluding reasonable attorneys' rocs) incurred in connection with the pciformoncc of Escrowea's duties hereunder. except with .spat m aet)otts or omissions taken or suffered by Escrowee in had fault or in willful disregard of this contract or involving gross negligence on the part or Escrowcc. icy Escrowcc may act or refrain from acting in respect of any metier referred to herein in full reliance upon and with the advice Of counsel which may be selected by it (including any member of its firm) and shall he fully protected in so acting or refraining from action upon the advice of such counsel, ldy Escrowcc acknowledges receipt Of the Downpayment by chock subject to collection and Escrow•ee5 agreement to the provi- sionh of this paragraph by signing in the place indicated on the signature page of this contract, (c) L-„wovsnc or any member of its firm shall be permitted to act +ice counsel for Sellcr in any dispute as to the disbursement Of the lhtwnpaymcnt or any other dispute between the parties whether or not 17 erosive is in possession of the Downpayment and con- tinues it, act as Escrowee. • . 7. Acceptable Funds. All money payable under this contract. unless Wherwisc spxii'led, shall be paicf by: L4 Cash, but not Over S1,000.00: thl Good certified check of Purchaser drawn on or official air:•ck issued by any bank, savings bank, trust compuny, or savings and loan amsaciatfon having o banking office in the State of New York. uiicndnr od and poyab)c to the order or Seller, or as Seller ;nay otherwise direct upon not less than 3 business days notice (by telephone or Otherwise) to Purchaser; (c) As to money other Chun the purchase price payable to Seller at Closing. uncerilfied check of Purchaser up to the amount of S 1,000,00 :and (d) As Otherwise agreed to in writing by Seller or Scller's atiorncv. 8, Murtgage Contingency, (Delete ifirspppficicrble) (a) Tnc obligations of Purchaser hereunder arc condltfanctl upon issuance an or borcm MARCH 15, , 1999 , (the "commit- mcniDates") ar a written commitment from any InsHtutfonal Lender pursuant to which such Institutional Lender agrees to make a first martgagc loan, other than a VA. FHA or other Fovernmemal)y insured loan, to Purchaser, at Purchaser's sole costandexperin.ars 136,500 or such less., sunt as Purchaser shall be willing to accept, at the pmsailfng fixed roc of Intcrosl ticr4�o-eateurrb a :.w a.a:..u.... mrr*tttae'+FneFptehwrrrf- for a xrm of id (cast 10 years and on other customary Caramitinenl terms, whether o: not conditional upon any factors other than an appraisal satisfactory Lo the Instituitanal Lender. For purposes of this contract, the, term "lttslil,Udonal Lender" shall mean any bank, savings bank, private hanker. trust Company, savings andloan assoiation, credit union or Association similar banking institution whelhw organized under lhe Iowa of this $fate, the United States or any Other state; foreign banking corporation licensed by the Superintendent of Banka of New York or the Comptroller of the Currency to transact business in New York Stale: insurance Company duly organized or licensed to do business in New York Stare; mortgage banker licensed pursuant to Article 12•D of the Ismtking Lau; aril any instrumentality created by the United States or any mtutc with too power to make mortgage lams. Purchaser shall (i) make prompt application to an Institution:) Lender for such maitgsac loan, 00 furnish accurate and complete information regarding Purchaser and members of Purchaser's family, as required, (iii) pay all rocs, points and charges required in connection with such application and icon, Uv) pursue such application with dip x, (v) coopcmie in gedJ failb whin such Institutional Lcnder to os .t such commitment and (vi) promptly give Notice to Scher of the name and address preach P.03 Inslitutional,Lender to WIEW tsar has made such application. Purchaser shall comply with uiremcnts of such commitment (or any other commitment ac by Purchaser) and shall furnish Seller with a copy thereof promptly after receipt thereof. If such comalftmciit is nor issued on or before the Commitment Date, then, unless purchaser has accepted a commilrocar that does Rol comply with the requirements set forth above, Purchases may cancel this contract by F iving Notice to Seller within 5 business days after the Commitment Date, in which cue this contract shall be decreed carsellod and there. after neither party shall have any further rights against, w obligations or Liabilities to, the other by reason of this contract, except :hal the Downpayment shall be promptly refunded to Purchaser and except as set forth in paragraph 27. If Purchaser fails to give notice of cancellation or if Purchaser shall oecept a commitment that dose not comply with the terms set forth above, then Purchaser stall be deemed to have waived Purchaser's right to canoe[ this contract and to reccivv a refund of the Dowapayment by mason of the contingency contained in Ibis paragraph, (Delete If inapplicable) (b) Purchaser and Seller agree that the submission of an application to a mortgage bruker rcgisterodl pursuant to Anicie 12•D of the New York Ranking law (-Mortgage Braker) shall constitute fuli comphance with the terms and conditions set forth in paragraph 8(a)(1) of this contract, and that Purchaser's cooperation in good faith with such Mortgage Broker to obtain a commitment from an Institutional Lender (together with Purchaser's cooperation in good faith with any Institutional Lender to which Purchaser's applLcotion has been submfred by such Mortgage Broker), and the prompt giving of Notice by Purchaser to Setter of LSc name and address of each Mortgage Broker to which Purchaser has submitted such on application shall Constitute full compliance with the terms ant condi lions sot forth in paragraph 8(a)(v) and (vi) of this contract. 9. Permitted Exceptions. The Premises arc sold and shall be con- veyed subject to: (a) Zoning and subdivision laws and regulations, and landmark, historic or wetlands designation. provided that they are net vio- laied by the existing buildings and rmprovcments erected an the property or their use: (b) Consorts for the erection Of any structures on, under or above any streets or. which the Premises abut; fc) Encroachments of stoops, areas, caller steps, trim and corni- ces, If any, upon any street or highway: (d) Real estate taxes that arc a lion, but are not yet due and Payable.- and (e) The other matters, if any, including a survey exception, set forth in Rider attached. 10, Governmental VICIationa and Orders, (5) Seller shall comply with all notes or notices of violations Of law or municipal ordinances, orders or requirements noted or issued as of the date hereof by any governmental dcpan:nem having authority as to )ands. housing, buildings. fire, . calth, environmental and labor conditions affecting the Premises, The Promises shall be conveyed free of them at Closing. Seller shall furnish Purchaser wilh nnv authorizations necessary to make the searches that could disclose these matters. mises pursuant to the Adminic - ' t Citv of New York inc r osmg and payable in mpucy shall bu dfs- r+e-6tor'(srK ll. Sallerl: Representations. (a) Seller represents and warrants to Purchaser that: (() The Premises abut or have a right of access to a public road; (ii) Seller is the sole owner of the Premises and has the full right, power and authority to sell, convey and irnnsfet the same in accordance u'(th the terms of this contract: (iii) Seller is not a "foreign person", as that term is defined for purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code ("IRC') Section 1445, as amender. and the regulations promulgated thereunder (collectively "FtRPTA'); (iv) The Premises arc not affected by any exemptions or abatements of taxes; and (v) Seller has been known by no other name for the past ton }'cars, except (b) Seller covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct at Casing. (c) Except as otherwise expressly set forth in this contract, none of Seller's covenants, representations, warranties or other obliga- tions contained in this contract shall survive Closing. [2. COnditfun of Pruperly. Purchaser acknowledges and tcpre- seers %hat Purchaser is fully aware of the physiral condition and state or repair of the .Premises and of all other properly included in this sale, based on Purchaser's own inspection and invcstiguuon therenr, and that Purchaser is coloring into Ibis enniract homed solely upon such inspecdon and investigation and not upon an;; information, data, statements or represeniaLions. written or ond, us Lo'lhe physical condition, state of repair, use, cost of operatiun or anv oche- matter related to the Premises orthe other property included in the sale, given or made by Seller or its rcpmscntativcs. and shall accept the same `as it- in their present condition Lind state or repair, subject to reasonable W.C. wool. Lear and natur;d deterioration between the dale hereor and the date of Casing 19 'without an;: reduction in the purchase price or claim of any kind for any change in such condition by rcasnli thereof subsequent to the date of this contract, Purchaser and its authorized representatives shall have the right, at re' 'able times and upon reasonable notice (by telephone or rtherw ,j to Seller, to inspect the Premises bcforc Closing, 7U�d-19-1999 11 � 58 11 RIDER TO CONTRAC'i' SELLER: >BART]ERAMA CORPORATION EMPLOYEES PROFIT SHARING TRUST PURCHASER: JOEL HIRSCH & MAXINE J. HIRSCH DATED: JANUARY , 1999 P.04 29. Wherever and whenever the terms of the typed rider to the printed portion of the contract (this rider and the printed form of contract are hereinafter, collectively, referred to as the "Cont Gt") are in conflict, the parties agree that the provisions of the typed rider shall govern and prevail. 30. In addition to those items set forth in the printed form, the Premises are sold subject to: (a) Any state of facts an accurate survey or personal inspection would show providing title is not rendered unmarketable thereby; (b) . All laws, ordinances, building restrictions and regulations and rules of the Federal government, State of New York, County of Suffolk and the town in which the Premises is located; (c) Covenants, agreements, restrictions, declarations of record, sewer, water, gas, electric and telephone easement or utility agreements; (d) Rights, if any, relating to the construction and maintenance in connection with any public utility of wires, pipes, conduits, cables and distribution boxes and appurtenances thereto, on, under or across the Premises; (e) Encroachments, if any, and variation between record lines and fences, lawns, shrubs, hedges and retaining walls of not more than 1 foot; and 31. In the event that the check given as the Deposit by the Purchaser to the Seller upon the execution of this Contract is dishonored for any reason, then the Seller, in addition to any other rights and remedies which they may have, may, at Seller's option, declare this Contract null and void and thereupon Seller shall be relieved and released from all obligations hereunder. 32. Adjustments to the purchase price shall be computed on the basis of a three hundred sixty (360) day year consisting of twelve (12) months of thirty (30) days each in accordance with the practices of the New York Board of Title Underwriters. JUN -18-1999 11:59 P.©5 33. The acceptance of the Deed by Purchaser shall be deemed a conclusive acknowledgment by Purchaser that Seller has fully performed all the terms and conditions of the Contract on the part of the Seller to be performed. No representations or warranties shall survive delivery of the Deed hereunder, except as specifically set forth herein. 34. In the event of any legal proceedings or litigation between the parties herein arising out of or relating to this Contract or the We of the Premises, each of the parties hereto waives any right which it may have to a trial by jury in such legal proceedings or litigation. 35. Neither this Contract nor a memorandum hereof shall be recorded in any public office. Its recording by the Purchaser shall constitute a breach of contract entitling the Seller to liquidated damages as herein set forth and to have the recorded instrument removed of record and, notwithstanding anything herein contained to the contrary, to any other relief available to the Seller under the law by reason of said breach. 36. The obligations of the Purchaser herein are conditional upon the Purchaser obtaining, at his own cost and expense, within 150 days from the date of this Contract of Sale, a variance from the Town of Southold which will permit the construction of a house 65 feet in width upon the Premises. The Purchaser agrees to make a diligent application to the appropriate governmental agency which has control over the issuance of variances. If the required variance cannot be obtained, then upon written notice from the Purchaser or his attorney, within seven days after the denial,of such variance, this Contract shall be cancelled. 37. Supplementing paragraph eight of the printed form of the Contract of Sale and paragraph 36 of the Rider to Contract, if the Purchaser cannot obtain the required mortgage commitment or the variance from the Town of Southold, the Seller shall be entitled to $10,000.00 as compensation for removing the Premises from the market. The balance of the downpayment shall then be returned to the Purchaser. BARTERAMA CORPORATION EMPLOYEES PROFIT SHARING TRUST CH MAXINE J. HIRS JUN -19-1999 12:00 P.06 12. continued. By reason of the fact that the Purchaser has concern that the bluff in its present condition and location may erode away or fall away from its present location which would restrict or prevent the Purchaser from constructing and using a single family dwelling in a location proximate to the present location of the bluff, and which would interfere with his ability to take advantage of the water views, the parties agree that the Purchaser at his own cost and expense shall obtain a survey of the subject premises within three weeks from the date hereof which survey shall show the present location of the edge of the bluff and in the event there should occur an erosion or falling away of the bluff 5 feet or more in depth and a substantial portion of the width thereof from its location as shown on said survey between the date of such survey and the scheduled closing date of title, the Purchaser shall have, within 10 days of such an event of erosion or other falling away of the bluff, the right to cancel this contract by notification to the Seller and upon such notification this contract shall terminate and the seller shall return the downpayment to the purchaser and there shall be no further obligations of either party under this contract_ The parties further acknowledge that in the event an erosion or other falling away of the bluff .should occur between the date of this contract and the date of the survey to be prepared herein, and if in the sole discretion ' of the purchaser shall interfere with his ability to take advantage of the water views. or cause difficulty in construction and using a single family dwelling in a location proximate to the present location of the bluff, he shall have the right, within 10 days of such an event of erosion or other falling away of the bluff, to cancel this contract by notification to the Seller, and upon such notification this contract shall terminate, and the seller shall return the downpayment to the purchaser and there shall be no further obligations of either party under this contract. ;UN -1E-1999 12:00 P.07 STATE OP Fr CMA ) COUNTY OF PALM BEACH )as: On ftU day of Febaiary, 1999, bdd= the the undaxaigned, a Notary Public in and for acid State, poraoltwRy appeared SHEL,DON HUMS personaUy ]mown to me or pmvcd tri sae on Ilfa bash of wdtdwtozy evidence to be this lni ividuia a w lose names submrUxd to the wiUm initsuilant and admowledged to me that helaWthey executed ttte acme in hWhefteir capacity(MA), and flat by hWher/their Fij�tlj amv4s) on the tnstrurmt, the individual(e), or the perm upon behalf of which the individual(o) acted, mouted the instrll11 Mt. 13. insurable Title. 'Seller shall give and 'P�grchaser shall accept 1..?;uCh'titie'as A�lil REPQTAB2E...�7tr' BIY shall be wiLling"t•0• approve and insure in accordance with its standard form of title policy approved by the, New York State insurance Department, subject only,tp the matters provided for in this contract. ' 14, Closing, Deed and Title. (a) "Closing" means the settlement Of ow obligations of Seller and Purchaser to each other under this contract. including the payment of the purchase price to Seller, and the delivery to Purchascr of a BARCAIN POM SALE WITH COVENANT decd in proper statutory short form for recoi d, duly executed and acknowledged, so m kl convey to Purchaser fat, simple title to the Premises, free of all encumbrances, except as otherwise herein ,tutcd. The decd shall contain a covenant by Seller as required by subcl. 5 of Section J3 of the Lien Law. (b) if Seller is a corporation, it shall dclivcr to Purchaser at the time of Closing (i) a resolution of its Board of Directors authoriz• irtg the sale and delivery of the deed, and (ii) a certificate by the Secretary or Assistant Secretary of the corporation certifying such lw� 11),In 0 stair, l� R � � +g `, '� c 1,r, n;%0 utton an setting Ort acts s owint at the transfer is in conformity with the requirements of Section 969 of the Business Corporation law, The deed in such ecce shall contain a recital vufficicnt to establish compliance with that Section. 15, Closing Datp and Place. Closing shalt take place at the office of SELLER'S ATTORNEY a"101100 ANO'ClOch on OR ABOUT * 19 99 * TEN DAYS AFTER VARIANCE RECEIVED FROM TOWN OF SOUTHOLD t6, COodet(ons to Closing. Thus contract and Purchaser's nbltgu- tion to purchase the Premises are also subject to and conditioned upon the fulfillment of cite following Conditions precedent: cal The accuracy, us of the date of Closing, or the rcprcacnta- tions and warrundis of Seller made in this contract. Certificate of Occupancy or other required c��•��ttLLcom- pi(ance. or cvidencc that none w *hVff.-6uvcring the build- ings) and all- of the c vementb located on the property aui t. • ;err use as a fanuly dwel- M I Ire delivery by Seller io Purchascr of a duly executed and sworn affidavit (in farm prescribed by law) claiming exemption of 1111C sale contemplated hereby, if such be the case, under Anicle 71-8 ol'the Tax Law of the State of Now York and the Rcgula- liuns promulgated therecnder, as the aamc may be amended from time to time (collectively the "Gains Tax Law"): or if such sale shall not be exempt under the Gains Tax Law, Scllcr and Pun chaser agree to comply in a timely manner with the requirements of The Gains Tax taw and, at Closing. Seller %hall deliver to Pur- chaxer (i) an official :cturn showing no tax due, or (ii) an ufficiul return uecnmpanied by a certified or official bank chock drawn on a New York State banking institution payable to the order of the required by law or 4} this contract to pay such transfer ant recording tax., toj Ren with any required tax returns duly cured and sworn to, and such party shall cause any such ch and returns to be delivered to the appropriate, officer prop after Closing. Tbc obligation to pay any additional tax Or.- ciency and any interest or penalties thereon shall survLve Closir 19. Apportionments and Other Adjustments. heater Meter lndollment Assessments. (a) To the extent applicable, me fol Ing shall be apportioned as of midnight of the day bcrore the of Closing: (i) taxes, an the basis o fiscal period for which assessed: " (b) if Closing shall occur before a new tax rate is fixed apportionment of taxes shall be upon the basis of the tax rat the immediately preceding fiscal period applied to the I abscised valuation. (c) if there is a water meter or, the Premises, Seller shall fu a reading to a date not more than 30 days belch ClosinS ar, unGxod meter charge and sewer rent, if any. shall be appart (d) If at the date of Closing :he Promises are affected assessment which is or may become payable in annual ii ments, and the first installment is then a lien, or has been then for the purposes of this Contract all the unpaid install shall he considered due and shall be paid by Seller at or pr Closing. (c) Any errors or omissions )n computing appooei other adjustments at Closing shall be corrected withininmn s rt able time following Closing. This subparagraph shall si Closing, , 19. Allowance for Unpaid Taxes, etc. Sellar has the Opti credit Purchaser as an adjustment 10 the purchase price wi amount of any unpaid taxes. assessmenia, water charges and rents, together with any Interest and penahies thereon to r not less than five basi=ns dans after Closing. provided that O bills therefor computed to said date are produced at Closing. 26, Vw of Purchase Price to Remove k:neumbrancee. If at ing there are other liens or encumbrances that Seller is obi to pay or discharge. Seller may use any portion of the cos once of the purchase price to pay or discharge them, pre Seller shall simultaneously deliver to Purchaser of Closing i menti in recordable form and sufficient to satisfy such lies encumbrances of record. together with the coil of record( filing said instruments As at. alternative Seller may deposit cicirl mumds with the title insurance company employed by chaser acceptable to and rrquircd by it to assure their disc) but tin IV if the title insurance company will insure Purcl•,aser clear of the matters or insure against their enforcement Out Premises and will insure Purchasers institutional Lender el such matters. Upon notice (by telephone or otherwise). give leas than 3 business days before Closing. purchaser shall pi separate certified or official bank cheeks as requested to as clearing up these matters. 21. Title Examination; Seller's Inability to Convey; Limitati. Liabiliey. (a) Purchaser shall order an examination of ti respect of the Premises from a title company licensed or a rized to issue titin insurance by the New fork State Inst TOTAL P.07 scn=m ac, SCH-,- EPS, DiE Pw s & Da PETBIS Ar romNzys aT L&w CMIL F. OE PETRIS 1 UNION SQ77 MAILING ADORES% R -CHARD t, OE PETRIg POST OFrlrZ BOX 716 POST OiFICE BOX too SNEPAM. SCHEIN®ENO Q I MURRAY S. SCHIrEPb A 7TRk�OC3UE New Yo$g li®31 INVII:RHrAb. Nr IID01 ISIDORE SCMuNSCRO (516).722-51-00 10 198111 FAX ( 515) 722-5093 TELECOPTER COVER SHEET DATE: � /k TU :(Gf..a:ly LOCATION: FAX �: 76 5"- Z� �( 3 RE: _ �LA NUMBER OF PAGES TRANSMITTEDa (including cover sheet):-��- T O' d 7-0 : Z l 666T -ST -Ni -If 5i h h13 )F-.1 L,;4�) FIFE,=.E'= MO IRE PAGE 11 APPLICANT TRANSACTXONAL DXSCLOSURB PORN i —n gown of Southold'& Code of Ethice_proh_ibits conflicts of ncereat vn-the part al`_town officers and employees, The Purpo!sq _of this form _js_�p_provide infprmation__whtoh can alert the town of ._�osaible_ conflicts of interest and allow_ It to takRwha_tever action Isineceseary to avoid same. YOUR NAME: .Joel Hirsch and Maxine Jl ir8ch (Last name, first name, middle initial, unless you are applying in the name of someone else or other sntity, such as a company. If so, Indicate the other person's or company's name,) NATCRE OF ANPLXCA'TIGNx (Check all that apply.) Tax grievance 'variance Change of zone Approval Qf plat Exemption from plat or official map Oth,*r (If "Other,,, name the activity.) Do you personally (vr through your ooepaa+y, eB�..,,w ,, - , parent, or rhildI ' a a relationship vith .sny ofe'ir_-. , a� y -mrloyee of tbw Town _ Southold? "RQxationa•ip .nom... ,M b., '1090, OK I:•zsinews ir,tFreat. aeq tAlterest` to a buvlr.aps, including a paAtnsrr3hip, in anich the • -.;r, officer or employee ham even a partial vvnershtp of (or employment by) a corporation in which the tovn officer or employee owns more than 5% of the shares. YES NO X if you answered ^yEB," �oplet0 the balance of this fora and date and sign where indicated. !dame of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the app11L'an:; and the town officer o employee. Either check the appropriate line A) tt ;ugh 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)t +� A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant ie a corporation)) B) the legal or beneficial owner of any interest in a noncorporate entity (when the r,pplicant is not a (-orporation); C) an officer, director, partner, or employee of the �J l applicant l or Lz) the actual applicant. PFS1:PIPT10N OF RELA'TIONS11IP ll submitted th s y iI / print name .�.'hrd x i r P H:rsL. ill 51 4�-4 _ Gr F 1i -E'=, h1i u.IRE PAIR QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. please disclose the names of the cwner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Sepazate sheet may be attached.) (Own?r) Joel & `1axi:ic-. Hs rs�; (ro 5. Is the sub ect pre= saes listed on the real estate market for sale cr beiag shown to prospective buyers? (X ) Yes ( ) No. (If Yes, please attach copy of "conditions" of sale.) C. Are. there aay propos&ls t-- cage or alter land contours? {X } Yes ; ) No aril -y if height variance is denied/ fill land b. 1. Are there any areas which .ai.n wetland grasses? Bluff Z . Are the wetland $rasa shaz on the map submitted with this application? bluff , 3. is the property bulkheaded between the wetlands area and the upland building area? no 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its deteradina.tion of jurisdiction? n/ a E,. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level-, r: / a (If uat applicable, state "N.A.") F. ire here =y patios, concrete barriers, bulkheads or fences exist and are not shun on the survey map that you are stL-,,ctii.ttLng7 no if Some exist, please state "none . " O. no yq, �I ve any const=uctiea timing place at this time conceraing your premises? no If yes, please submit a COPY f your t-t-d:-.Oling permit and map as approved by the Building D4e*gc..x =ent. If none, please state. R. roc; you T��i any co-owner also own other land close to this par::�ac. - If yes, please explain where or gubmit copies f cue at: z 1. -rlease list present use or operations conducted pac'cel vac-"rit proposad, Lase r�s�uer.c Fy xsr zed signature � � ♦ r � 3 �/ • � tl Aid► at this and 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 Joel & Maxine Hirsch. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practitioner 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 Joel & Maxine Hirsch before the Southold Town Zoning Board. 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: June 16, 1999 William . Moore 765-1809 SOUTHOLD TOWN BOARD OF APPEALS ,Z,61;, fAX - INSTRUCTIONS FOR VARIANCE APPLICATIONS Please submit the following, by mail or hand delivery: 1. NOTICE OF DISAPPROVAL from the Building Inspector dated within the last 60 days, together with. copies of permit application file: IF YOUR PROJECT IS AMENDED TO REQUIRE NEW VARIANCES, it will be necessary for you to apply for a new DISAPPROVAL based on the new Q� plan. ' signed by the property 11 2. APPLICATION,. typed or neatly written, owner and notarized, with information completed on the. attached 3rm'lease furnish written consent for a. If applicant is not an owner, p applicant Is a you to sign and submit this. application. If corporation, please disclose names of individual officers in the dU' corporation. b . Please be prepared to address the standards of Town Law �1l "l1 applicable to your type of application. (Attached. is a list of "area variance standards"3, "use variance standards . ) 3. If your project is other than a setback or lot line variance, please complete the attached short ENVIRONMENTAL ASSESSMENT FORM. 4. Z.B.A. QUESTIONNAIRE, to be completed and signed. 5. Seven (7) sets of a sketch/buildint; FLOOR PLAN with heigjit of new structure and location of entrance doors, if this is for new construction. 6. Original SURVEY and six duplicates showing all setbacks of eldsting and proposed structures, patios, driveways, wetland areas, square footage and dimensions of lot, dimensions of new construction, fences, tanks, overhangs, chimneys, etc. (If your project involves total lot covorago at more than 20% of the area of the lot, please provide lot size and size of all building square areas.' 7. For NEW construction, please FLAG outside corners for on --site inspections as early as possible. (*Photographs of flagged construction areas to be, submitted for the hearing (or before if possible) . If wetlands are nearby, please give distance between new proposed construction and nearest wetland the "SOUTHOLD 8. Filingfee CHECK_ (non-refundable) pays erse of this TOWN CLERK." (List of fees mon the rev ade prion to the advertised date.) ( be Requests for refunds may After the board members have reviewed the application and calendared your application for a public hearing, we will confirm the date, place and time of the hearing, and give instructions as to the notices to surrounding owners. 4/2/97 (temporary short form) FOR BOARD AND STAFF USE Updated NPw Tnformation / V �3/n --- i +K.r L,.L— nom. o � - ti��— r•—�j / V'z -CPQ' II 0 1111 `7- NdnCE yr A PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 18,1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the follow- ing applications will be held for pub- lic hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, NOVEMBER 1411999 at the times noted below (or as soon thereafter as possible): 6:20 p.m. Appl. No. 4755 — EDWARD V. WETZEL. This is an application (1) requesting relief from ZBA Condition #1 under Variance Determination rendered July 27, 1972, Action No. 1597 (Grathwohl and Pugsley) which states that there shall be seasonal occupancy only in cottages on Lots CA, #5 and #:5; t;;e season to run from March 15th through November 15th (eight months); and (2) requesting a Variance under Article XXIV,Section 100-244 for total lot coverage over the code limitation of 20% for a pro- posed addition to existing dwelling. (3) No improvements can be made without approval of the Board of Ap- peals by the provisions of the Or- dinance to allow an additional 21 to 31 sq. ft. based upon the Building Department's October 8,1999 Notice of Disapproval. Location of Property: 35 Second Street, New Suffolk, NY; Parcel No. 1000-117-10-20.4. 6:30 pm. Appl. No. 4750 — R. RIBAUDO. Continued hearing. (Variance for bluff c th_v r,.. _ L po,ed poo1.) Location of Property: rj920�1ite Strand Way, East Marion; -- 6:35 p.m. Appl. No. 4759 — MARYANN SEWELL. This is a request for approval of Waiver of Lot Merger under Article H, Section 100- 26 of the Zoning Code. The December 20, 1996 Building Department Notice of Disapproval States that: "under Section 100- 24A(1) the lots in question SCTM #1000-51-5-36 and 38.1 were created 'by deed prior to 6/30/1983 and con- form to the minimum lot require- ments set forth in Bulk Schedule AA as of the date of lot creation. The lots in question are located in an R-40 Zone. Under Section 100-25A, Lot 1000-51-6-38, area of 29,661 sq. ft., has merged with adjacent lot 1000-51-6- 36, area of 1.6 acres as they have been held in common ownership at some time since July 1, 1983. Street Location: 1935 and 2255 Mill Creek Drive, Southold, NY. 6:40 p,m. Appl. No. 4685— VIN- CENT TORRE. This is a continued I hearing, regarding Applicant's request for a Variance under Article III, Section 100-31C(2) to convert use of accessory barn to retail sales of owner's art and a gallery for public viewing in this Agricultural - Conservation (A -C) Zone District. Location of Property: 100 Sound Ave., Mattituck, NY, Parcel No. 1000- 120-3-1. ing reason: "Whenever a noncomforming use the annexed is a printed copy, has been regu- + Lin. Appl. No. 4760 — S. and laxly published in said Newspaper once each S Wl ILPLANO.This is a request for a week for ( Variance under Article III, Section 100-33 based upon the September 7, ^ (� 1999 Building Department Notice of eommene'ng on the I day - Disapproval; for the location of a pro- O f l 9 [` { posed accessory two -car garage in the southerly side yard area (instead of STATE OF NEW YORK) the required rear yard). Location of Principal Clerk Property: 435 Meadow Beach Lane, )SS: Mattituck, NY; Parcel 1000-115-17- CO�y OF SUFFOLK) 17.23. _ - _ 6:50 p.m. Appl. No. 4723 — SOUTHAMPTON LUMBER. This is J of Mattituck, In Said county, being duly sworn, g a request for an Use Variance y Says that he / she is under Article XXIV, Section 100- Principal clerk Of THE SUFFOLK TIMES, a 242G, to establish lumberyard use in a Hamlet Business (HB) Zone weekly newspaper, published at Mattituck, in District, based upon the Building Department's the Town of Southold, County Of Suffolk January 12, 1999 Notice of Disapproval for the follow- and State of New York, and that the Notice of which ing reason: "Whenever a noncomforming use the annexed is a printed copy, has been regu- + of a building or premises"has been laxly published in said Newspaper once each discontinued for a period of more week for ( than two (2) years or has been weeks successively, changed to a higher classification or to a conforming use, nothing in eommene'ng on the I day - this Article to the contrary O f l 9 [` { notwithstanding, the nonconform- ing use of such building or premis- longer be es shall no permitted unless a variance therefor shall have been granted by the Board of Principal Clerk Appeals" Location of Property: 13650 Main Sworn to befjo�e me thi9OHN PW C TTI Road, Mattituck, NY, County Tax Map Parcel 1000-114-11-24.3. 7:20 p.m. Appl. 4761 — /U. day�ef NOTARY PUBLICI§T ORK 7:40 p.m. Appl. No. 4724 — JOEL 1B 3 ' bis RICHARD POGGI.This is an appli- cation requesting Variances based and MAXINE HIRSCH. Continued iaIN SUFFOLK COUNT" upon the Building Department's P g P hearing. ( Variances based on the June 14, 1999 Notice Disapproval: N E IBES MAY 31 Joao September 23, 1999 Notice of Disapproval, under Article XXIV, of a PP O — - — insufficient setback from top of the Section 100-242A, Art. III -A, Section L.I. Sound bluff, (b) insufficient side 100-33A.4; Article XXIV, Section yard at one side yard; (c) insufficient 100-244B, and f rticle III, Section total combined side yards; (d) build - 100 -338.1, for the reason that "... mg height.) Location of Property: Existing structures are nonconform- North Side of Private Road #11 ing on this Iot in an R-40 Zone by extending off the North Side of virtue of the existing setbacks and Sound Avenue, Mattituck, NY; Parcel present lot coverage:' The lot cover- No. 1000-112-1-12. age is proposed to exceed the present 8:20 p.m. Appl. No. 4767 — lot coverage nonconformity (increase WILLIAM KELLER, SR. This is a request for Variances under Article from 25% to,29.9%); the setback for the proposed addition to the princi- IIISection 100-239B and Article pal building is one foot, more or less XXIV Section 100-2448, for approval (instead of the code requirement of of existing rear yard deck addition ten (10) feet); the setback proposed located at less than 75 feet from a for the addition to the accessory bulkhead, and with total side yards at structure is two feet (instead of the less than 25 feet. Location of Property: 1550 Sound Beach Drive, code requirement of three (3) feet). Location of Property: 1740 Village Mattituck, NY; Parcel No. 1000-106- Lane, Orient, NY; Parcel 1000-24-2- 01-32. 18 I The Board of Appeals will at same 7:30 pm, Appl. No. 4749 — L, time and place hear any and all per- WINDISCH. Continued hearing. sons or representatives desiring to be (Variance regarding proposed ar- heard in the above applications or to submit written statements before the rangement of building and change of hearing is concluded. Each hearing use from non -habitable to habit will not start earlier than designated. able/sleeping quarters, in an existing Files are available for review during accessory building.) Location of regular Town Hall business hours (8 - Property: 1375 Pine Neck Road, 4 p.m.). If you have questions, please Southold, NY; Parcel No. 1000-70-5- do not hesitate to call (516) 765-1809. 39. ! Dated: November 1, 1999. BY ORDER OF THE SOUTHOLD TOWN - BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 1045-1TN4 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, SEPTEMBER 16,199 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 Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, SEPTEMBER 30, 1999 at the time noted below (or as soon thereafter is possible): 7:00 p.m. Appl. No. 4724 - JOEL AND MAXINE HIRSCH. Continuation from July 22, 1999 hearing calendar.) This is a request for Variances based on the June 14, 1999 Notice of Disapproval for a proposed single-family dwelling with respect to: (a) insufficient setback from the top of the L. I. Sound bluff at less than 100 feet at its closest point; (b) insufficient side yard at less than 20 feet on one side; (c) insufficient total combined sides at less than 45 feet; (d) building height greater than the code limitation of 35 feet. Location of Property: North Side of Private Right -of -Way (Private Road #11) extending off the North side of Sound Avenue, Mattituck, NY; Parcel 1000-112-1-12. 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 to submit written statements before concluding the hearing. 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: September 3, 1999. BY ORDER OF THE SOUTHOLD OWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski pq14gmrjpL6 V1Jf18fV(ES KEOUESTEZ 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: SoEI. tMRXINE KIRSCH DATE OF PUBLIC HEARING: Thurs0) SEPT 3q X999 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 PROPOS'C'o • TOWN OF SOUTHOLD 9 (516) 765-1809 b&)LcLL4iij- Lom"Fi%oq Side 5efbac k-1 8 Lu FF + f{eiEffr UQRipncts 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. �e )dramct �� &rp,) '�� r OWNER(S) OF RECORD: C ,,7oEL fi Maiciwe 14 irsck DATE OF PUBLIC HEARING: urs. e p+6 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 9 (516) 765-1809 Al'&'o DWUt1'1A4"J6,,- 11 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 September 3, 1999 Re: Chapter 58 — Public Notice for Thursday, September 30, 1999 Hearing Dear Pip s: 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 be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with 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 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. You must post the enclosed sign no later than 9/22/99. Post the sign facing the street, no more than 10 feet from your 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, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. 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 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Zoning Board of Appeals 53095 Main Road Southold, NY 11971 September 15, 1999 RE: Joel and Maxine Hirsch Application Hearing Date: September 30, 1999 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. PCM/kk Encls. I Very truly yours, —" " l PATRICIA C. MOORE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x 1r, the Matter of the Application of Joel and Maxine Hirsch (Names of Applicants) Parcel ID #1000- 112 - 1 - 12 x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, �C�v L- ck0 residing at -DR New York, being duly sworn, depose and say that: On the 15th day of September , 19 99 , I personally mailed at the United States Post Office in v.1,b.1 a , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, or () County Real Property Office so, hold, NY 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 15t1day of September '19 99 MARGARET C. RUTKOVIN fifty Public, State of NWIM (Notary Public) No.4982528 Ojdfled in Suffolk Callb PLEASE list, on the back of this Aff dai,it or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. Joel & Maxine Hirsch SCTM 1000-112-1-12 NAME Garrett J. DeGraff Robert Rothberg Carol A. Palmieri John Koroleski G1N0 v 163 Eton Place West Hempstead, NY 11552 55 West Hartsdale Ave Hartsdale NY 10530 182 Sound Ave Mattituck, NY 11952 MAP NO. 1000-112-01-11 1000-112-01-13 1000-112-01-9.1 IV ukri N (. C V ttlLitVUL C% -ml r`tU (x t: � r C %IJ 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: NTOEL + MARINE l f I R Sc N DATE OF PUBLIC HEARING: TharSEPT30., r999 ��OaPM. 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 e (516) 765-1809 PROPOSED bAJELLMj� Lowrlbory NOTICE OF PUBLIC HEARING SOUTIiOLD TO% BOARD OF APPEALS - THURSDAY,' SEPT. 30,1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the -Town of Southold, the following applications will be held for public hearing(s) by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971,,on THURSDAY. SEPTEM- BER 30. 1999 at the time(s) noted below, or as soon thereafter as pos- sible: 6:45 p.m. Appl: No; 4699 — LISA JEROME -. • (HARDWARE STORE). Variances are requested under Article X, Section-100-102'to locate a proposed addition with rear and front yard setbacks at less than the Code requirement and ',,und"er Article X, Section 100-103C for a proposed (addition) with, extended frontage, greater than Code lima tation of sixty linearfeet in this General- "B". . • Business Zone District: This request is based upon an application -fora building permit and the Building Department's April 5,-1999 Notice of Disapproval. Location of 'Property: ; Hart's Hardware Store, 50000 Main Road ands lodccy -Creek Drive, Southold,, -NY,,--Parcel #1000-70-5-6.2 - (corner "Jot). 7:00 p.m. Appl. No. 4724 JOEL AND MAXINE-HIRSCH. Continuation from July, 22, 1999 hearing calendar. This is a request for Variances based -on the June 14, 1999 Notice of Disapproval for a proposed single-family dwelling With respect to: (a) insufficient ; . back from the top of the L.I. d' bluff at less than 100 feet at its dos - et point; (b) insufficient side yard at less than 20 feet on one side; (c) insufficient total combined sides at - less than 45 feet; (d) building height E ei' ater than the code limitation of 35 feet. Location of Property: North Side of Private Right -of -Way (Private Road All) extending off - /the North side of Sound Avenue, Mattituck, NY; Parcel #1000-112-1= 12. ,The Board of Appeals will at said time and place hear any and all per- . sons or representatives desiring to, be heard in the above applications. or to submit written statements before concluding the hearing. The hearing will not start earlier than designated. Files are available for review during regular. Town Hall business hours (8 a.m: to 4 p.m.). if you have questions, please do not hesitate to call (516)765-1809. Dated:=September 3,1999 BY ORDER OF THE _ SOUTHOLD'TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 1829-11S9 J STATE OF NEW YORK) )SS: COTy OF SUFFOLK) Ij ( ( ('t S of Mattituck, in said county, being duly sworn, says that he / she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is larly published week for a printed copy, has been regu- in said Newspaper once each commen Ingg" , �on the ofQ1 vW 19 successively, day Principal Clerk Sworn to b re me this % day of 19 99 ACX ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Joel & Maxine Hirsch (Names of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 112-1-12 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore residing at 370 Terri Southold, New York, being duly sworn, depose and say tha On the 7th day of July_ , 19 99 , I personally with the date of hearing and nature of my application, in a secu located ten (10) feet or closer from the street or right-of-way - f, street or right of way abutting this property:* and that JUL 1 61999 j L�1, AFFIDAVIT OF POSTING 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 July 22, 1999. C ��l (Signature) Patricia C. Moore Sworn to before me this /57'ff day of July , 1999. (Notary Public) MAA MErC. e� eWM Nflf ry Yak No.4982528 001111111lBd in Suffolk County 0�■"W"AM&: 00J *near the entrance or driveway entrance of the property, as the area most visible to passerby. Town of Southold Zoning Board of Appeals Application of Joel and Maxine Hirsch (7/22/99 Calendar) Adjourn Date: Time: [Please complete anc�j turn to addressee , �312� NOfiICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, AUGUST 18, 1999 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 Town Hall, 53095 Main Road, Southold, NY 11971, on WEDNESDAY, AUGUST 18, 1999 at the time noted below (or as soon thereafter is possible): 8:30 p.m. Appl. No. 4724 - JOEL AND MAXINE HIRSCH. Continuation from July 22, 1999 hearing calendar.) This is a request for Variances based on the June 14, 1999 Notice of Disapproval for a proposed single-family dwelling with respect to: (a) insufficient setback from the top of the L. I. Sound bluff at less than 100 feet at its closest point; (b) insufficient side yard at less than 20 feet on one side; (c) insufficient total combined sides at less than 45 feet; (d) building height up to 45 ft. instead of the code limitation of 35 feet. Location of Property: North Side of Private Right -of -Way (Private Road #11) extending off the North side of Sound Avenue, Mattituck, NY; Parcel 1000-112-1-12. The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regulation Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: August 2, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski a NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 22, 1999 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. JULY 22, 1999 at the time noted below (or as soon thereafter as possible): 8:10 p.m. Appl. No. 4724 - JOEL AND MAXINE HIRSCH, Contract Vendees (Owner: Barterama Corp.) Applicants are requesting Variances based on the June 14, 1999 Notice of Disapproval for a proposed single-family dwelling with respect to: (a) insufficient setback from the top of the L. I. Sound bluff at less than 100 feet at its closest point; (b) insufficient side yard at less than 20 feet on one side; (c) insufficient total combined sides at less than 45 feet; (d) building height up to 45 ft. instead of the code limitation of 35 feet. Location of Property: North Side of Private Right -of -Way (Private Road #11) extending off the North side of Sound Avenue, Mattituck, NY; Parcel 1000-112-1-12. 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 to submit written statements before concluding the hearing. 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 (516) 765-1809. Dated: June 28, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski (516) 765-1809 OFFICE OF ZONING BOARD OFAPi ILS 53095 Main Road Southold, NY 11971 1999 fax 765-9064 Re: Chapter 58 - Public Notice for Thursday, July 22, 1999 Hearin )!�Cj -) Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with 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 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. You must post the enclosed sign no later than 7/14/99. Post the sign facing the street, no more than 10 feet from your 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, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. 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 Ps- �'.�a vQ ro ��de ani' re o � foo F <s7 y4 E Enclosures fy t L79/0 �}�� . , 111 El v �l�6,t'QhC, A Frame V'i e W )5fi'&Tc-H (10,eeici/n.%/Jd i0 �-"' a� k ala-, v #/ PUBLIC HEARINGS y SOUTHOLD TOWN � I6 BOARD OF APPEALS 7:30 p.m. MATTITUCK LI- I WEDNESDAY, BRARY. Requests regarding prop - - AUGUST 18,1999 erty located at 13900 Main Road NOTICE IS. HEREBY GIVEN, (S.R. 25), Mattituck, NY; Parcel No. 1000-114-11-2 for the following: ' pursuant to Section 267 of the Town Law and the Code of the Town of Appl. No. - 4725 ',= Special Exception' Article VII, ' Southold, the following applications will be held for public hearings by .under Section 100-71b(4) to.'expand the SOUTHOLD TOWN BOARD -Town library use (addition); Appl; No. 4729 --Variance OF APPIVALS at the Hall, under Article VII, Section 100-72 53095 Main _Road, Southold, NY regarding .portion -of additlou• 11971; on WEDNESDAY. AU- GUST 18. 1999 at the, times noted which will be less than 1S feet, below (or as soon thereafter as pus- from the easterly property line. 7;45 p.m. AppL No.4731--BOB- sible): - 6:30 p.m. Appl. No. 4728 — ! BIE ZORN.•This is a request for a RONALD BURK. This is a request I' Variance undet Article VII, Section 100-82, based upon the June 24.1999 for a Variance under Article XXIV, Section 100-244, based upon the ', Notice of Disapproval. regarding an application fora building. permit to Building Department's June 15,1999 'a move and attach the main building Notice of Disapproval regarding. to an accessory building •(tiara); small deck extension with hot tub I under Article VIII„Section 100-82, which will exceed lot coverage limitations. Location of Property: new construction will create.a single 145 Hickory Road; Southold; structure with a single-family as a principal use and building, at a set - County Tax Map Parcel #1000-54-9- back less than 20 ft., - from the 6. 6:35 p.m. Appl. No.- 4734 — southerly property line. Location of Property: 475 Main Road (S.R. 25), REGINALD MINOR. This is a request for a Variance upder Article Greenport, NY; County Tax Map - III -A. Section 100-30A.4 (and parcel #1000-35-1-22. Zone: Limited Business (LB). Section , 100-33) based upon -the Building Department's July 15, 1999 g:15 p.m Appl. No. 4699 -LISA j Notice of Disapproval regarding a JERO (HARDWARE .STORE). Variances are requested' dbla I (oue accessory shed structure in the side yard, (and partly in the front under Article X, Section 100-102 to cyard) at 360 Stephenson Road locate. a proposed addition with reduced rear and- front yard set - (Private Road 411), Orient, NY; County Tax Map Parcel #1000-54 fJ backs, and under Article X, Section �7_ /—/,X100 -103C for a proposed addition . 6:40 p.m. Appl. No. 4730 — CAR- with extended frontage, greater than the Code limitation of sixty linear OLE DONLIN. This is a request for a - Variance ' under Article III -A, feet in the General "B” Business Section 100-30A.3 and Section 100- Zone District. This request is based 244B based upon the Building upon an application for a building - and the Building Department's_May_6,1999 Notice of ,. - _Permit Department's. April 5, 1999 Notice Disapproval regarding a carport of Disapproval, Location - of addltiogy 7y�p total combined_ dde Property: Harty Hardware Store, yards at less than Code requirement . 50000 Main Road and Jockey Creek at, 910 New Suffolk Avenue,. 1000- Drive, Southold, NY; Parcel.#1000- 100 Mattituck, NY; Parcel #0-114-12- - - - - 1 , . ` 8, _ _ 7.0.5.62. 6:45 p.m-. Appl. No: 4732 — ` 8:30 p.m. Appl. No. 4724 — C I RICHARD O TOOLE. This is a JOEL AND MAXINE_.HIRSCH..: request for a Variance under. Article Continuation 'from July 22, 1999 XXIII, Section '100-239 4B based hearing calendar.) This is 'a request - upon the Building Department's 'i; for Variances based on the June 14, :July 1; 1999 Notice of Disapproval 1999 Notice of Disapproval for a regarding a pool In a rear yard Iota- proposed single-family dwelling - tion, at less than 75 feet'from the .with respect to: (a) insueat nL- ffidof existing bulkhead. Location b the top of the L.I. SQnd Property: 2280 Ole Jule lane, bW at less than' 100 feet at -its clos- Mattituck, NY; Parcel #1000.122-4-' i' est point; (b) insufficient side yard at 10, . _ less than 20 feet on one side; (c) 6:55 p.m. Appl. No. 4733 —VITO . insufficient total combined sides at , CARNEVALE. This is a request for • ' less than 45 feet;. (d) building heieht a; Variance under Article XXIII, - ( lip to 45 fY• instead of the code.limi- Section 100-239AA based upon the I talion of 35 feet. 'Location of Building Department's -July 7.1999 . Notice, of Disapproval regarding a Pro rty: North. Side of Private :o;( -Way (Private Road #11) porch addition -at less than;100 feet extending off the.'North side of from top -of bluff or bank. of Long Sound Avenue;' Mattituck, NY;, Island Souad. Location of Property: Parcel #1000-112-1-12. - 1500 Hyatt Road, Southold, NY; The'- Board'of .Appeals will at Parcel #1000-50-1-7. sante time and place bear any and all p.m. Appl. No.. 4735 — ' persons or representatives desiring C7:00.- MICHAEL FEDELE. This is a to be heard in the above applications request for a Lot Waiver under, or to submit written statements Article II, Section 100-26, based . before the hearing. is concluded. i' upon *the Building Department's - Each hearing will not'•start earlier May 26,1999 Notice of Disapproval than designated. Files are available I regarding lot :referred' to • as 705 for review, during regular Torn Hall ; Fanning Road, New Suffolk, County, business hours. (8-4 p.m.).: If you Tax -Map Parcel #1000-117-4-24, have questions, please do not, hesi- merged pursuant to Section 100-25A tate to call 765-1809. - with -an adjoining parcel referred to Dated: Augusf 1; PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 July 13, 1999 Southold Town Zoning Board Main Road Southold, NY 11971 RE: Joel and Maxine Hirsch Application Hearing Date: July 22 1999 Dear Chairman: FUL 6 M9 �! Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Very truly yours, PATRICIA C. MOORE PCM/kk Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK M In the Matter of the Application of Joel & Maxine Hirsch (Names of Applicants) Parcel ID#1000- 112-1-12 ►1 COUNTY OF SUFFOLK) STATE OF NEW YORK) 0 d � JUL S 6 j,og !� --� Li ; AFFIDAVIT OF MAILINGS I, Margaret Rutkowski residing at Theresa Drive Mattituck, New York, being duly sworn, depose and say that: On the 13th day of July , 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 ( ) Assessors, or ( ) County Real Property Office Southold NY, 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. 72;z&e��Oe- - I (Signature) Margaret Rutkowski Sworn to before me this !s' day of July , 1999. otary Public) PiATRicma MOORE Notary Public, State of New York Suffolk County - No. 4861668 Commission Expires June 16, �oO PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. Joel & Maxine Hirsch SCTM 1000-112-1-12 NAME ADDRESS MAP NO. Garrett J. DeGraff 163 Eton Place 1000-112-01-11 West Hempstead, NY 11552 Robert Rothberg 55 West Hartsdale Ave 1000-112-01-13 Carol A. Palmieri Hartsdale NY 10530 John Koroleski 182 Sound Ave 1000-112-01-9.1 Mattituck, NY 11952 Z 4C2 780 7 pfooc[0 o a ^ c_= — — :o a Garrett DeGraff `163 Eton Place A r �-- coo"NY115 2 We syt Hemp s tI e ad G i 10Y11� P :q & rccs t r� O C� � 1'o;t,narc arar Qate ' l0 SENDER: ❑ complete items 1 and,or 2 for additional services. Compicte items 3, 4a, and 4b. ❑ Print your n me and address on the reverse of this form so that we can return this u card to yo Af'.,oh this form to tho front of the mailpieceor q„rmd , on the back if space does not ❑ write 'Return Receipt Re ua ❑ Tho Rcturn Recc,pt will show to whom the artd” on the s! ecwas deliveredrt and the d is _ delivered 3 Article Addressed to: 4a. Artirlo m. John Koroleski 182 Sound Ave Mattituck, NY �n ure (Addressee orAgen )rm 1 1, De tuber 1994 I also wish to receive the follow- ing services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery 4b. Service Type 11952 ❑ Registered ❑Express Mail 0 Certified ❑Return Receipt f Jr Merchandise ❑ COD Insured [7. Date of 8. Addressee's Addressonf if re u fee is paid) Y 4 eated and 102595-99-8-0223 D Southold Town Boar, )f Appeals -4- April 1984 Special Meeting RESERVED DECISION: Appeal No. 3184: Upon application for PETER AND PATRICIA LENZ, Main Road, Peconic, NY (by Wickham, Wickham & Bressler, P.C.) for Variances to the Zoning Ordinance: [a] for approval of insufficient width of two proposed parcels and [b] for approval of access, New York Town Law, Section 280-A. Location of Property: Right -of -Way off the North Side of Sound Avenue known as Private Road #11, Mattituck; County Tax Map Parcel No. 1000-112-1-011 and 012. The public hearing on this application was held on April 5, 1984, at which time the hearing was declared closed pending deliberations and inspection of the premises in question. The board made the following findings and determination: By this application, appellants seek: (a) approval of access over an existing, traveled right-of-way as indicated on the October 3, 1983 survey prepared by Young & Young having a length of 3,930 feet commenc- ing from the north side of Sound Avenue running northerly, and thence 105 feet to a monument at the westerly corner of the subdivision perimeter in question; and (b) approval of 100' fr.ontage of each of the two lots in question within the subdivision. The proposed westerly parcel contains an area of 2.0975 acres and is improved with a two-story frame, one -family house with accessory garage/storage building in the easterly sideyard area. The proposed easterly parcel contains an area of 2.0871 acres and is vacant. The buildable area of each parcel appears to be approximately 60,000 sq. ft. and is at an elevation above 10' above mean sea level. The access road in question has a traveled width of approximately eight feet and is shown by the October 3, 1983 survey to have a legal width of 25 feet. The original road apparently was on original ground and has been improved through the years by the addition of gravel. There were small stockpiles of sand and gravel on the side which appear to planned for repairs and maintenance to the right-of-way. The present condition of the right-of-way is not good although the road is passable. There are numerous potholes and depressions in the gravel throughout. Some areas have 4" of gravel. For the record it. is noted that this proposal has received approvals from the Southold Town Planning Board at its meeting of January 9, 1984, and from the N.Y.S. Department of Environmental Conservation under Permit #10-83-1456. Although the present lot width requirement is a minimum of 175 feet (Local Law No. 9-1983 effective August 16, 1983), it is the opinion of the board that the proposal as submitted appears to be the most feasible since there doesn't appear to be any viable alternative, (except flag -lots which are not encouraged by the Planning Board). Also, it is the opinion of the board that the Southold Town Boz of Appeals -5- April `9, 1984 Special Meeting (Appeal No. 3184 - PETER AND PATRICIA LENZ, continued:) right-of-way in question is in need of improvement in order to provide adequate accessiblity for emergency and other vehicles. In the event, however, additional subdivision(s) are proposed which may legally be using this right-of-way, reconsideration for additional improvements must be made. Upon inspection of the premises and the character of the neigh- borhood, the board finds the parcel immediately adjoining this property on the west (now or formerly Anderson) is a parcel contain- ing a lot width of 105 feet. In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that by the granting of the requested relief, a precedent has not been set and therefore will not adversely affect the character of the neighborhood; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; and (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3184, application for PETER AND PATRICIA LENZ, BE AND HEREBY IS APPROVED AS APPLIED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the right-of-way be improved to a full minimum width of fifteen feet as follows: (a) Fill the holes and depressions with the same mixture of sand and gravel that has been used in past maintenance work; (b) Place an additional two inches [2"] of gravel on these areas and smooth road surface with a road grader; (c) Areas that have no gravel but are stable now after the recent heavy rains could be left intact. 2. That the right-of-way be continuously maintained in good condition; 3. Inspection by the Zoning Board of Appeals and/or the road inspector, after receiving notice that the road improvements have been completed.in accordance with this decision. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. Southold Town Board of Appeals -65- June 29, 1989 Regular Meeting • L VV1'Y'111ii.:tJJ ��L\L VV11-VVLFJ VLJlu 11 Chairm Goehringer and Member Dinizio provided the Board with updates ld the last week of June 1989 at the Code and Sub -Code Committee etings. It was noted that the Pugliese matter was recommended a the Code Committee members for a Change of Zone by the Town Boa The -next Code Committee meeting is scheduled for July 20, 1989, and Chairman Ruth Oliva will provide the agenda at a later d e. UPDATE: PORT OF EGYPTriance application (pending). The Board Members discussed the re lts of their recent inspections of the property. Additional info ation is expected to be furnished by Mr. Merlon Wiggin, Pre 'dent, Peconic Associates, for the Port of Egypt within the next 0 days. This matter was tentatively placed on the Board's next aring Calendar. TOWN CAR KEYS: The Board Members asked whe er anextra set of keys were available to a town vehicle for u by the Board of Appeals for inspections. Supervisor Murphy ld the Z.B.A. Office he has authorized the keys and was surpri d that we had not as yet received them. It hag been a;t—least REQUEST FOR WITHDRAWAL: Appeal No. 3813 - SHELDON HILLS. The Board briefly discussed the recent letter from Thomas V. Pantelis, Esq. of the Law Firm of "D -Amato, Forchelli, Libert, Schwartz, Mineo and Carlino" requesting that the subject application be withdrawn. On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the request TO WITHDRAW the application fora side yard variance filed under Appeal No. 3813. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. (No refund was recommended at this time since hearings have been advertised and held, and postponements were later requested by the applicant.) 0 Hills, Sheldon, Trustee #3813 Side yard var. 4255 Aldrich La. Ext.,Mattituck (Formerly Lenz) 112-1--�2 Withdrawn 6/29/89 In Li LOTI PL FY14e)OnCES& �BLu1:'-Fe* 6"AcKs 5 NOTICE OF HEARI�NC;RA^� II NOTICE IS HEREBY GIVEN that a public SOUTHOLD TOWN BOARD OF APPEALS at the Southold, New York, concerning this property. r-WEs51ng will vE heldRE!"I heaby the C)f Town Hall, 53095 Main Road, ?f(m DS'-'b OWNER(S) OF RECORM.5YELM6 HILLsI,�y��tt� ART�RR�M� CaKP. �*tL;�rft� A. H RrN DATE OF PUBLIC HEARING: 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 e (516) 765-1809 RD") br-r C56uNjdwe, V A-9-1 A N c€. - o 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: S L A "�e- t N anTea t4� ee-s DATE OF PUBLIC HEARING: 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 5/41 5toc 5/41 "No use, reproduction or dissemination may be made of this drawing and the concepts set forth hereon without the prior written consent of R. S. Granoff Architects, PC." Copyright'D 1998 R. S. Granoff Architects, P.C. Notes: Rear1Ea5t Elevation Scale: 1/4" = 1- 0" Charles Rich Design/Build Main Street PO Box 1272 Bridgehampton NY 11932 516 537 6100 Fax 516 537 6175 R.S. GRANOFF ARCHITECTS, P�. C. 30 West Putnam Ave. Main St. P.O.Box 1272 Greenwich, CT 06830 Bridgehampton, NY 11932 203.625.9460 516 537 3650 ® 0 0 Revisions: HIRSCH RESIDENCE fear/East Elevation Date: July 17,1999 Scale: 1/4" = 1-0" Project # 832 Drawn by: TG Checked by: RAC • ,v �� w - 2nd Fl. Gig_ Per, Rm ouHlr 0 2nd ouHoor — — — 1st FI. GIS head height o� m t` 1st 5Ufloor _ 0 r - Grade •r-2" Bluestone cap on (6) stone legs Ll.4 "Cultured Stone" Veneer over wood framing F1 1-0 — 11- -V beyond W, //,Ado I I LMOM= NMI os'.=te-111=1 1=1 1=1ng s�11 OIONIC �uL�J1�! LIU] Ll " Bluestone cap on (6) 5fone legs ultured 5t;gXe" Veneer over wood framing I ma I I Ston jwall, beyond r -•----------------------------------------tom I I I -------------------------------J I ------------------ L--------------------J I I I I I I I I I I I I I I i I I I I I I I I I I I I i I I I I I I I I i I I I I I I I I r-�- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ...L - - - - - - - - - - - - - - - - - - - - - - - - - - -- r - - - - - -*'�- - - - - - - - - - - - - - - - - -- L---------------------------------------------i-----------------------------L-----1------------------J--------------------------------� Front/West Elevation Scale: 1/4" = 1- 0" Dwg "No dissemination be Notes: �'A�,, (i�-� " A Charles Rich 7 -7777 77L L Revisions• Front/West Elevation use, reproduction or may it in artment Submission 10/16/98 Bud g Dep ��) R. S. G R A N 10 F F HIi2SCH f�ESiDENCE made of this drawing and the concepts set forth Design/Build n 1 12/4/98 - REVISED/CHANGE ORDER #1 hereon without the prior written consent of ARCHITECTS, P.C. y Date: Jul 17,1999 Drawn b TG y Y•` R. S. Granoff Architects, PC. „ Mai Main Street Street PO Box 1272 30 West Putnam Ave. Maim St. P.O.Box 1272 Copyright ®1998 R. S. Granoff Architects, P.C. Brid eham ton NY 11932 9 P 516 537 6100 Greenwich, CT 06830 Brid ehiam ton, NY 11932 g p . Scale: 1/4" = 1-0" Checked by. RG Fax 516 537 6175 203.625.9460 516 537 3650 Project # 832 13 _,- I , 01 CO IAVI 44 OT: f (rpt I e/11 I YO I � � —lo I \ t I7,� \ _•t i — I r r r r�r tO41� , CN 6,-C, 'd , G II G��' II, n 1 I f i q 1 I r Z' 5 = �{ G I I 7-17�, I I iC I JCi�Tv I I I I 74 Barn Renovation N Howell Residence Floor Plans of -' Main Road, Orient, N.Y. Proposed Alterations Date: U IT) Prepared for: Drawn Folio # Scale: jqu : ('-o" Mr. Busser Howell by: 1 Sutton Place South A2 Approval: New York, N.Y. I II G��' II, I I 7-17�, I I iC I JCi�Tv I I I I 74 Barn Renovation N Howell Residence Floor Plans of -' Main Road, Orient, N.Y. Proposed Alterations Date: U IT) Prepared for: Drawn Folio # Scale: jqu : ('-o" Mr. Busser Howell by: 1 Sutton Place South A2 Approval: New York, N.Y. I y�1-1 rnk- 1O X00 46 •a�'� No. TOPOGRAPHICAL SURVEY OF PROPERTY `�" o SITUATED AT e 0&1O-2 MATTITUCK --'" TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 6 a 01 ��== -10 S.C. TAX No. 1000-112-01-12 __ 2 a �� _ o_ " �' " 't 8 ; SCALE 1 "=30' ;= ; ; ; ; _ ; , _ ; 4-- -- _� �� -20 6_� ___- ,- _- ,,,__:-_ -_ _ ;24 MARCH 2, 1999 $ —_— — �� " ' �_ �� . ' __,,. o MARCH 15, 1999 ADDED BUILDING ENVELOPE _ .� '023A. 6 APRIL 2, 1999 ADDED PROPOSED HOUSE & POOL MAY 18, 1999 REVISED PLOT PLAN � � �-- JUNE 9, 1999 ADDED COASTAL EROSION HAZARD LINE � _ � _ ;4a4 22-' �- _I _ _ - -� - - � 6 24 � � 480 26' �� i��_ i _ 2 232 ;= - - = 56 AREA = 88,150.03 sq. ft. 36 = - 62 (TO (TO TIE LINE) 2.024 CIC. 38, 64 _ S 644- 77QQ 46 ;� �� i�� X774 46 ,- 6 552 ; 6 ' —6 58 �_ �_ �_ VIOL 52 �� X90 64 - �' �' �' �' �' X92 66�9 E 68 �6 M Tp 74'_� �� , �j �� N. oo° SCOL OdDV 6 9 OF p� �' 8 gb - = / - _ l h� �9ga WAD, 3 CERTIFIED T0: 116 g6' CROS\ON 8SNE 9° CO 9,529' c TOPAZ ABSTRACT, Inc. ago '�� ,9' / �6/ / 59- opo N°' e PN JOEL HIRSCH 92 i \ / / 4 MAXINE J. HIRSCH 96 98 ' 1 p / 102 104' 06-- 106- 106 106 0 100—Poky- � 4 10 / — 84 x� 510 ::::::::::::: ':..............::. p Z^ / / • s \ \ y �O �. \ / l� Cn 9 \ W Xl / 1 \ � \ x 00 76-- 6--SECTION SECTIONA—A I y X/ 77 108' PROOPO SED N �1N0 GROO c A Cn 100' \ / \•3W PROPOSED DECK 92 i ,�j' / POSED ) 88' n D PQ9L. 84 �' ktib x 25 \ L _ - 88. / \ \ 0030' 45' 75' 72'O �o 78' HORIZONTAL SCALE 1'=30' x 0 n / ,V 1 \ / x NOTES: REFERENCED TO N.G.V.D. 1929 DATUM - / 0P'1 \. / i 1. ELEVATIONS ARE / EXISTING ELEVATIONS ARE SHOWN THUS. 50 I x.0 \ I� - / / EXISTING CONTOUR LINES ARE SHOWN THUS: - — — — — -5— — — — — o� x b. , a01 / a� 1 FOR TITLEASURVEYs As ESTABLISHED NCE WITH THE MINIMUM/ STANDARDS PREPARED 121 ' Of �A ��,1 N /O/f LESKpP ENS R BY THE L.I.A.L.S. AND APPROVED AND ADOPTED USE � THE NEW YORK STATE LAND lI� 5, gIG /� / r� g�EvEL KOD TIITTLESASSOCIATION.UCH / OVNO � JOr1�tOLD �o LANA A. /NG, �GtA OF SOUTK G,y .1- / Ow 1� J 0 O :a ' .49 of I1N.Y.S. Lic. No. 49668 UNAUTHORIZED ALTERATION OR ADDITION \ TO THIS SURVEY IS A VIOLATION OF N �� Q J O Veph ' n n O g SECTION 72U%U%OF THE NEW YORK STATE LA \ EDUCATION LAW. �`fl Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING � \ THE LAND SURVEYOR'S INKED SEAL OR a EMBOSSED SEAL SHALL NOT BE CONSIDERED ate. /� TO BE A VALID TRUE COPY. \ 1,763.05 CERTIFICATIONS INDICATED HEREON SHALL RUN t Y ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys —Subdivisions — Site Plans — Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY ANDLENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (516)727-2090 Fax (516)722-5093 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS One Union Square P.O. Box 1931 THE EXISTENCE RIGHT OF WAYS �v DNY) j �� cl ROA � A uebo ue, New York 11931 Riverhead, New York 11901 q 9 N ANDEASEMENTS OF RECORD, IF ANY,, NOT SHOWN ARE NOT GUARANTEED. SO ( TORTH 1� n.. y�1-1 rnk- �O Un r O8, ate. N / .- SNE ►'�K � 4--- 0 12`_ ——� 16 — 18p ' 26 28 332 o, 3A 36 38 ; aa2 b a -� 46 / 50 -- 52 52 ' 54 ' 6 J , 58 60 62 64 ' 66� 68' / SECTION A -A (, PROPOSED C? HOUSE PROPOSED DECK IM POSED % L_PQQL_� I 30' I 45' HORIZONTAL SCALE 1"=30' NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:50.0 EXISTING CONTOUR LINES ARE SHOWN THUS: - — — — — -s— — — — — PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. A. No. 49668 Joseph t + +'' LandSurveyor Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (516)727-2090 Fax (516)722-5093 OFFICES LOCATED AT MAILING ADDRESS One Union Square P.O. Box 1931 Aquebogue, New York 11931 Riverhead, New York 11901 UNAUTHORIZED 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 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 IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. 70 / 72 7b , 76 78 / 86 88 90 92 / 94 6 998 i 1 p0 102 / j04 10 106 �p 104XA-- — 102— 100—' -6 -8 x'12 11a6 J1210 ' 2226 `20 _6 —4 0 _ /a3 i 54 6 v ;p00 v- �plA 5 SCA511 ��o RO vNE P`� OF 49 �� SV1EE1 1 Cp�pL 6R 5g,529�8� PNpjO No 2 � A0 r, 0 24' o Noxal TOPOGRAPHICAL SURVEY OF PROPERTY SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW--ORK_._ S.C. TAX No. 1000-112 SCALE 1 » =30, MARCH 2, 1999 71(1ee„/ MARCH 15, 1999 ADDED BUILDING ENVELOPE APRIL 2, 1999 ADDED PROPOSED HOUSE ---&-POOL MAY 18, 1999 REVISED PLOT PLAN JUNE 9, 1999 ADDED COASTAL EROSION HAZARD LINE JUNE 29, LATH PROPOSED HOUSE & DECK AUGUST 19, 1999 REVISED PROPOSED HOUSE HEIGHT AREA = 88,150.03 sq. ft. (TO TIE UNE) 2.024 ac. CERTIFIED TO: TOPAZ ABSTRACT, Inc. JOEL HIRSCH MAXINE J. HIRSCH /v / X1- 100 6� rn \ \HfJ9 68 510 o e X Rjr N/O/ f SLoP ENT N KDEVE o��OLDO o�N OF $