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HomeMy WebLinkAbout4732/.v�,n�ee�ls�'r�<r�ollrJr�lfi,rf 'f"5' t=2ok/- APPEALS BOARD MEMBERS y Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o��gUFFO(,�CG G y< CO3 2 W • BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 1, 1999 Appl. No. 4732 - RICHARD OTOOLE 1000-122-4-10 STREET & LOCATION: 2280 Ole Jule Lane, Mattituck DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 17,500+- sq. ft. in area with 125 ft. frontage along the westerly side of Olejule Lane and a depth of 210 feet along the northerly side property line and 200 feet along the southerly side property line, in Mattituck. The lot is improved with a single-family dwelling situated 44.4 feet from the front line along Olejule Lane, 12.8 feet from the southerly property line and 78+- feet from the bulkhead at its closest point. BASIS OF APPLICATION: Building Inspector's July 1, 1999 Notice of Disapproval citing Article XXIII, Section 100-239.4B of the Zoning Code for an application to build a 20 ft. by 40 ft. in - ground swimming pool within 75 feet of the bulkhead. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 20' x 40' in -ground swimming pool in a location shown on the Ehlers survey of August 17, 1999, as follows: East side parallel to easterly property line at a distance of 21 feet. South side parallel to the rear wall of the house at a distance of 34 feet; closest point to the bulkhead at southwest corner of the pool at a distance of 22 feet measured on a line perpendicular to the bulkhead. (No ctlier areas are noted in the Notice of Disapproval, which is the basis of applicants' request.) REASONS FOR BOARD ACTION DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: The shape of applicant's yard and location of the house result in there being no room for a pool that satisfies the requirement for a 75 -ft. setback from the bulkhead. Thus, applicant needs a variance in order to construct a pool of any sort. 2. The requested variance, for a setback of only 22 feet at the closest point to the bulkhead, is substantial. However, at the hearing of August 18, 1999, applicant indicated a willingness to consider alternative locations. 3. Grant of the relief set forth below will not produce an undesirable change in the c Page 2 - September 1, 1999 ZBA Appl. No. 4732 - R. 0 Toole Parcel 1000-122-4-10 at Mattituck character of the neighborhood or detriment to nearby properties because any pool constructed will have to be in a location that is fairly close to the house, not prominently visible to the neighbors and not visible from the street. 4. There is no evidence that grant of the relief set forth below will have an adverse effect or impact on physical or environmental considerations. 5. The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to have the benefit of a pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to DENY the variance applied for and to GRANT ALTERNATIVELY a variance authorizing construction of an in -ground pool located no less than 40 feet from the bulkhead at the closest point, such measurement to be taken on a line perpendicular to the bulkhead and running to the edge of the pool, or, if there is any raised border around the pool, to the edge of such raised border. Vote of the Board: AYES: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly ADOPTED (4-0). (Member Horning of Fishers Island was absent.) GERARD P. GOEHRIN R, CHAI AN Filing about 9/3/99 r� s Town Clerk, Town of Southold s�488T&tl STATE OF NEW YORK) a 4 )SS: ` COUNTY OF S FOLK) (S of Mattituck, in said t' 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 the a larly week Sworn to beforem day of GLu rincipal Clerk Z J FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE; July 1, 1999 TO Catherine Mesiano A/C O'Toole 12 Mill Pond La. E. Moriches NY 11940 Please take notice that your application dated June 22, 1999 For permit to Construct an accessory inground pool at Location of property 2280 Ole Jule Lane Mattituck County Tax Map No. 1000 -Section 122 Block 4 Lot 10 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds; Pursuant to Article 3XIII Section five) feet of a bulkhead and does not meet any of the exceptions to the Code. Authorized Signature Examined ..............:... 19.... FORM NO. TOWN OF SOUTHOLD, BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 Approved .................. 19.... Permit No. ................ Disapproveda/c .................................. BOARD OF HEALTH ............... 3 SETS OF PLANS ............... SURVEY ........................ CHECK ......................... SEPTIC FORM ................... NOTIFY: C.N651At,J0 CALL . �.�?�_ , 51...... MAIL TO: i2 Ill 1l,Qo N D t— 4 . � r,. f ' f i RR ? (Building inspector) �� APPLICATION FOR BUILDING PERMIT / ii t 1 Date. P.� .......... 199.. L p,p� D I INSTRUCTIONS EPT TOWN r1F rni r n... _ a. This application � bd completely filled in by typewriter or in ink and submitted to the Building Inspector c 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship .to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application my not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such pe.mit shall be.kept on the premises available for inspection throiglwut the work. e. No building shall be occupied or used in whole or in part for any. purpose whatever until a Certificate of Ocanpaocy shall have been granted by the Building Inspector. APPLICATION IS HEMMY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'Hue, applicant agrees to comply with all appiieable lac:., ordinances, building code, bowing code, and regulations, and to admit authorized inspectors on premises and in buulilding� for necessary inspections (Signature of applicant, or Mme, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or built ........ A4t��...pn-...ASn .. Name of owner of premises .... ` �� C4i.� .....%` Y✓.....Y .I`�.................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name and title of corporate officer) Builders License No . ......................... Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No . .................... I: Location of land on which proposed work will be done............................................................. JOU.....t ............................. House Number Street Hamlet County Tax Map No. 1000 Section ... ....... Block .. .. ..... Lot .1.0 ........ Subdivision ...................................... Filed Map No. ............... Int ............... (Name) 2. State euristirg use and occupancy of premises and intended use and occupancy of p motion: so$wc1l1 i a. Existing use and occupancy •...� ............. b. Intended use and occupancy..Cltl1� .. .. a�.. X.I.d. .. .... n..u,re v. wtK kuwcK Muer app►rcaDle): Net Ifuilding........... Addition .......... Alteration .......... Repair ............ Reooval•.........'..... Demolition ............ Other Work C1�1i�.. paw......... (Description) - 15 Estimated Cost .:....j..o.ao ............... fee ............................. .......... ........ (to be paid on filing this application) If dwelling, number of dwelling units .:�.�...,., ilaber of dwelling units on each floor ................ Ifgarage, number of cars .....r :.............................. If business, commercial, or 'nixed occupancy, specify nature and extent of each type of use : :................... Dimensions of existing structures, if any: Front..r �0):. ! ...... Rear .5.(z:.:?....... Depth ...3..-.7........ Height .,......... Number of Stories ..(: 3 .............. Dimensions of same structure with alterations or additions: Front ............... Rear ............... Depth .................... Height .................... Nnnber of Stories ............... Dimensions of entire new construction: Front ...2 U ........ Rear o2 U Dep Height ......................... Number of Stories ..................... Size of lot: Front ........... ....... Rear ../ .1. -1 .............. Depth ..r% � �............ Date of Purchase JI � � (] ?.I .............. Nae of Former Owner ........................................ Zone or use district in which premises are situated..JC...LL ..TI\ .................................................... Does proposed construction violate any zoning law, ordinance or regulation: Will lot be regraded ....r: U .......... Will excess fill be removed from premises: � v NO Names of Owner of premises Lt ? ...� . �7Y �4 .. Address Jr�. h �P � ?? :. 3 La «v /� .. Rtwre No. Naeof Architect .................................... Address .............................. Phone No. .............. Name of Contractor �eviwtrn2 0� ymY( ......... Address ...............................Phone No. .............. Is this property within 300 feet of a tidal wetland? * YES ..k ..... N0 .......... *IF YES, SOIA110M MWN TMSITM PERMfI' MAY BE MWIM. PLOT DIAGRAM Locate clearly and distinctly all buildings, whetber existing or ;proposed, and indicate all set -back dimensions m property lines. Give street and block neer or description according to deed,, and slew street names and,indicate ether interior or corner lot. 5�e- aE ar NSI yow, IS wry OF ��.F.i .apt<......... C........ fav ...(y $Js9 ..• ......................being duly sworn, deposes and says that he is the applicant xre of individual signing contract) rve named, _qqt�r isthe .....A.6.................................................................................... (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to sake and file this plication; that all statements curtained in this application are true to the bestof his knowledge and belief ;"and at the work will be perfonred in the manner set forth in the application filed therewith. ern tq before me this J Ur 9 i -W62 .. .....d of Notary Public 5,,,! � .....................?_�_ j -"—'— (Sigmture of Applicant) LYNDA M. BOHN NOTARY PUBLIC State of New YO* No.OIBb6020932 Qualified in Suffolk Courtly, Term Expires March 8, 20 L i 7/ 7/f TOWN OF SOUTHOLD,JtjgW 16oj 9 APPEAL FROM DECISION OF BUILDING INSPECTY&O Clerk Soutilot((APPEAL No. 417!� DATE :�. (.z(..._....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. \ 1, (We) .( .%c`f tF , f2 , N S.r..1.".l.E. I*AN.G......of ....12...!.:.).1c iy d.?? Q. A .................. Name of Appellant A • p Street and Number .......................................................... N..L........ ......... HEREBY "APPEAL TO, Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO... ........................... DATED ...1 L4:119.4....... .................... WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit LO U .................. c�tree. C ...ST...........A.:1.: .. StteeY and Number Municipality tote ( ) PERMIT TO USE ( ') PERMIT FOR OCCUPANCY Zz a C2L9J ' 1. :LOCATION OF THE PROPERTY ... ......... ........ �-A' .. ......... Street /Hdmiet / Use District on Zoning Mop District 1000 SectionjrZ Block14Lot Y gCurrent owner_jrgA_FZDa �9rti�c�N di OdLC Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XX 111, Section ►00- x34,•13 3. TYPE OF. APPEAL Appeal is made herewith for (please check ,appropriate box) (✓f A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appear (Iasno been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No.................................Dated ........................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 (�Q A Variance to the Zoning Ordinance is requested for the reason that _ ��ease 5ee� a�ch�.cl Form zai REASON FOR PPEAL Continued I. T ICT APPLICATION OF THE ORDIN NCE would oduce practical difficu#ties or unneces- sary DSHIP because 1 he hardship created is UNIQUE and is nshared b all -properties alike in the immediat icinity of this property and in this use di rict because i 3. e Variance would observe the pirit of a Ordinance and WOULD NOT CHAN THE CHARACTER OF THE DISTRICT becaus STATE OF NEW YORK ) ss 9 COUNTY OF ) Signature Sworn to this ............ ................................ day of.. ..... ............. ........................ Notary Public J r� . 7� Richard Cy ogle 1000-122-4=10 7/7/99 REASUN FOR AYi EAL A Variance to the. Zoning Ordinance is requested. for the reason that *he appi.cant wtshrs to e +�-�t 0 s 40 o t 74 * ALT ea 2, pool within of he b .,l d a the rear yard of the aforementioned property; To place the proposed pool more than 75' I . the need to. remove :lie trees between the Ot f oolle property and the :neighbor to the north. Z. p acement of the pool in a location u.*ist tdole in practicality due to the p! -o ty tp the home and the netff—hnor+ o how: L An undesirable_ . M ifff AdE�'�° be profted:.in the ::chara character of the, neighborhood or a dean ent to nearby properties, if gi=ant€( BECAi as 1 _ O eleari or ''hangs of grade is prqttxised; 2. 'ale proposed pool will not visib'ae iT - `` i*Jou. 3. The existing vegetation partially screens visibility of the pool from the neighboring lots. v 4. There are pools on other lots in the neiehborbood, some within the 75' buffer, as the applicant prates. k. The benefit sought by the applicant CANNOT be achieved by some method, .eta ---- - lrcaaalslE fFrF the applicant cG piFF$nE. viliEF than iuE'aFca VarlauE2 BiCAuSE: 1, Other locations on the lot, including the front yard, are not ibasihle locations to irstel a Wil. 2. A reduction in the size of the pool will not allow it to be situated outside e the 75' biurfer are- with ami greater fasibility. 3. The amount of relief requested is not substantial BECAUSE ' 'yl'.e roposcd lite 25 C''32s"$tet t W:t}; the res:dextttKi C31a.'."aC*wt' Cif +.he neighborhood. '). No negative impact iC P ate( to iha surrounding properties o the tidal wetlands. I A ron of the tool does con -form to the Code. d The variance will NOT have an adverse effect or impact on the physical or environeuental conditions in the neigheeeheod or district BECAUSE ] No clearir�g Or change in Gracie is nrctgOserl, 2. No disturbance of airy wetlands is proposed. S. Has the allege d-diffienity been self-eceateif? 3- No. Richard OToole 1-000-1224-1.0 7/'x/99 6. this is the minimum that is necessary and adequate, and at the same time preserve and protect the eharac:er et *.he neigh3zor'unod and the health, saitity au welfare of the community. QT 7E OF NEW YORI ) COUT C NTY OF SUFFOLK) Agent must attach w etcen consent from owner. S1' orp to before: � ttlle � � of uU�v 1999_ Nota y Public UNpkC.�3 N9'�YOCK woo vo, ,``''Sol _. — – -- – - -- r,- ia�di 0- rrClnti rrt t i r ilir ! 1255OoD Housed y Totol - - - r I Inc w �c� ��'c 0 { I'M ®_ MAP OF 51TUATEa N TOWN: SOU NY SURVEYED 08-11- c1l N SUFFOLK COUNTY TAX # ,,eat,° . ;nd5 t.e ne algnlf, t°ex x e l e�.e:aant . 1000-122-4-10 °indlhed i1. isee. ° n std°fop L swpeef a e¢e CERTIFIED TO: a Vte RIGHARD O'TOOLE a vIeae;e�. his tehll� to the °Tl€;et eky,e 1 mI' pasted KATHLEEN O'TOOLE ao GOMMONAEALTH LAND TITLE o INSURANCE COMPANY LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 NOTES: AREA = 1-7,c12O S.F. OR 0.41 Ar— Property lines derived from deed LJ1672 Page 2-78 5RAPHIG 5GALE I"= 30' ce sspoo/ LQnd now o" fo Susanne Boera y of: o bPo�Ry� of x N prof. O S " oF'Parent of / cessPoa/s ioh '� Y a�l °esspoo/ f % ® — vemesi ,,eat,° . ;nd5 t.e ne algnlf, t°ex x e l e�.e:aant . n✓D. °indlhed i1. isee. ° n std°fop L swpeef a e¢e p2 ,O a Vte 5 �e F� a vIeae;e�. his tehll� to the °Tl€;et eky,e 1 mI' pasted LAND Sv4 !� ® r o JOHN C. EHL ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-TIGER\PROS\99-211 anon o eetleee°n he e p°Cea ln9cepro setl len 'I I v,°lat,on Of sec 1209,tl prtl1v5a5en 2 .. yocks Stet. Education Leu. Only coplea f m the ° °°1 0l thl, a vey he ked '/ °"dihel ° stamped seel'epellpe coasa0eretle f°°y 6e valle! o�LS ,,eat,° . ;nd5 t.e ne algnlf, t°ex x e l e�.e:aant . n✓D. °indlhed i1. isee. ° n std°fop L swpeef a e¢e p2 ,O a Vte 5 �e F� a vIeae;e�. his tehll� to the °Tl€;et eky,e 1 mI' pasted LAND Sv4 11 e lending lnstatet... helthh. p the or m. l.mm�e sne ....t' no°seele not t.onere�ame to eea ne�ei'en.e5mx'sen� JOHN C. EHL ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-TIGER\PROS\99-211 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUN-TY OF SUFFOLK- D F SEP 31999 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING September 9, 1999 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ,,"O'Toole, Richard 4732 Donlin, Carole 4739 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:\CCHORNY\ZONING\ZON ING\WORKING\LDS\SEPTnSD4732.SEP LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 61 00 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 7 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 .tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccnmission: XX Variance from the Zoning Code, Article XXIII Section 100-239.4B _ Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal N o : 4732 Applicant: Richard O'Toole Location of Affected Land: 2280 Ole'Jule Lane., Mattituck, NY' County Tax Map Item No.': 10 00 - 122-4-10 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing -or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Wi.thin'One Mile of'a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant ;i s requesting permission.. to locate swimmingpool within seventy five feet of bulkhead Copies of Town file and related documents enclosed for your review. Dated: Sept. 7, 1999 :; APPEALS BOARD MEMBER - Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mrs. Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11940 BOARD OF APPEALS TOWN OF SOUTHOLD September 3, 1999 Re: Variance Appl. No. 4732 - Richard O'Toole Dear Mrs. Mesiano: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeal Board's September 1, 1999 determination denying the applicant's request at 22 -feet from the bulkhead, and chanting alternative relief as noted in the Resolution. Please be sure to follow-up by submitting an amended plan (and any other documents) with the Building Department (765-1802) regarding the next step in the building permit review process. A copy of this written determination has been transmitted to the Building Department for your pending application file and their department's update. Enclosure Copy of Decision to: Building Department Decision filed 9/3 Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski . / X999 b � : � Cum � •30 � ��� 44- 12.3U' C)le 3UL �.�. N\ i°ttA-Lk i � �O Z Q- 4, Q 0 0 - —/ 3 Z 2 O � Q 3 t U v 0 a h h 2 story dWeIIin9 _ 55.7 O.h. i S , X90 • 10. ,N > >9 , 1.9 W . 61• 90, 5 05a 26, 40"W. 1 OLEJULE f rom e N gar (f oh I c c i-- 10000, LANE O O 1 (I.rTlOn 14 O O •o- vr Q• W O CD tx o w rh � 0 o LL 0 � 3 n 0 V) Z 2 2� I 1 r o s Prot I 'ja„foY I r�rl I f ' r o 03, 20"E S 7 0 13 9, 17 ,9 18 SO FT LOT AREA 526 F GUAiI.NTEES INDICATED HF'iTOI` •••E :;r!•FSETE (OR D pCim 0THE SHALL KUI'I 014" 1•D 111E �`-..SOhT :!.^.IY14 _ _—.vw account that is maint• —isvl RCHASER, if it can be assigned. In the evo, b FILE NO• JOB NO. 94 - 10 GILLUS IJR and SURVEYED FOR JOi ARG A R E T C OL S I N S SITUATED AT M AT' T I TUCK COUNTY , TnWN OF SOl1T HCLD SUFFOLK _ .S 199A 30 DATE SCALE 1• DATE disk FILED MAP N0. _ 122_ 10 ref only T AX M Ap NO 1000 HAROLD F. TRANCHON LAND SURVEYOR METER SUCCESSOR TO WILLIAM RIVER NORTH COUNTRY ROAD WADING NEW YORK 11792 (516) 929.4695 .,1 Infs contract all the unpaid in - 6A HEREON FRL••'•1 THE ' STRUCTURES TO THE p'EOPERTY FO. wh;�M TI1E sv;mY p,F%U ANU tt7 IM1IS Ef�II,tF 10 TINES ARE FOR A Sp::1rIC`PUR. US: AN9 1'r; 5'FOR. THE' ill!! A.`.) lS'•!�R;C !!•:Sfl• DOSE AND ARE NOT INTEhiDETf 'f•J 5:+11^•' 111E FENCES, r,;TAN1:N0 JAL A.0WITY TUTIUN �.'=T:'r) '-`F.L:';• Ai•:D f0 •• OF 1hE 'E`lLtitNO E4CCJION OF WADS, POOLS, PATIOS, �.�A.`Ir11:0 THE A;. :i1:iF.;. INSTITV LCrfI. GUAR=+N^@!S R.ttE . AREAS', ADDITION "' :l U.; JIWGS NOF '2A.Ng' ifM—( .O oaf iUENT 0'.' A'7YOTHEKCOMJRU---TION. INSTIIi!TIONS t,•n SU3:'•CUENt •, UNAUTHORIiT.D AITEf.�.TION O� c .wir '.D0111ON 10 THIS SUNVEY IS A CopICS N THIS EUR11Y MAP NOT VIOLATION OF SECTION 7701 OF YORK STATE [DiICATION pE.1RIrI , 1NE IAND SURvE�'OR'S OR EM!,OSSED SEAL 1,!C NEW, TAW. INKED SEAL OHALI NOT ;,DEEED TO BE TO 0 W Ytj GUARANTEED ONLY AP..k.'�'t/\�� Co C ' C�, 'fyG• Orfs n. • ., i ,N f 0 048992 N0. 21115-E HAROLD F. TRANCNON 1R. _ _—.vw account that is maint• —isvl RCHASER, if it can be assigned. In the evo, b FILE NO• JOB NO. 94 - 10 GILLUS IJR and SURVEYED FOR JOi ARG A R E T C OL S I N S SITUATED AT M AT' T I TUCK COUNTY , TnWN OF SOl1T HCLD SUFFOLK _ .S 199A 30 DATE SCALE 1• DATE disk FILED MAP N0. _ 122_ 10 ref only T AX M Ap NO 1000 HAROLD F. TRANCHON LAND SURVEYOR METER SUCCESSOR TO WILLIAM RIVER NORTH COUNTRY ROAD WADING NEW YORK 11792 (516) 929.4695 .,1 Infs contract all the unpaid in - 6A r 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #4732 Richard O'Toole DATED: July 15, 1999 Transmitted herewith is Zoning Appeal No. 4723 - submitted by Catherine Mesiano, Inc. with authorization from Richard O'Toole to submit an application on his behalf and confirmation, together with the Southold Town Building Department Notice of Disapproval, Reasons for Appeal, Southold Town Building Department Application for Building Permit, Property Card, Survey with proposed project indicated, Application Transactional Disclosure, and tax map of property. Elizabeth A. Neville Southold Town Clerk n iATHERINE MESIANO, INC. Licensed Real Estate Broker Real Estate Consultant V July 7. 1999 Town of Southold Zoning -ward Cif Appeals Main Road UVLLLL1ViCi, ill l lYf i Re: Richard O'Toole 2280 OleJule Lane Mattituck, N Y Gentlemen: i have been auth^rized by Mr. Richard O'Toole to submit an application on his behalf f^: a rear yard setback variance. Mr. O'Toole is seeking a -building Permit for a 20' x 40' inorounrd noel within 75' of the bulkhead it the roar vnrrd of hie nhnvi- reLcrencerd property. A Disapproval was issued by the building inspector on the basis that the rnpnsPri nnnl ig not in ennfnrmity with the required setbacks ursuant to Article -X—XM p r 1 jn-------- --- p . 2`39.4-15 � �1 A .fT the 11 - Y Y Y m Section 2`Jy.4t9 of the Southoia Town Zoning Coae. Enclosed. please find the fQllnwing in connect on with the afiQve referenced variance, appiivaciuti - - - - - - - - - - - -- - - - - - - - - 1. Notice of Disannroval. n7 __L _�_ G. AI, plil- iVil. 3. Consent. A. I.B.A. �ucsiiniul&irc. 5. Survey. v. uingy GF in the aniu nt Vf p4vv.vv. Thank you for your consideration. Very truly yours, Catherine A. Mesianv president Enelgcwre.s 12 Mill Pond Lane • East Moriches, New York 11940 • 516.878.8951 y a ' APPLICANT TRANSACTIONAL DISCLOSURE PORN The Town of Southold's Code of Ethics prohibits conflicts of _interest on the part of town officers and employees, The ur ose of this form is to Provide information which can alert the town of pose ble conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME t t Last name, first name, middle inib ai, ,unless you are applying in the name of someone else or ether entity, such as a company. If no, indicate the other person's or company's name.) NATURE oh AppLICA BION: (Cheek all that apply.) Tax grievance Variance Change of zone App paras of plat EMption from plat or official map other V/ (If "other, l' name the activity+ ) '�--fh 2 . I.�• PeyyVlll Do you personally (or through your eompany, spouse-, n,ibiing, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business Interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES Nd . If you answered "YES,",complete the balance tit thin form and date and sign where indicated. Name of person employed by the mown of Southold Title or position of that person - Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spousa,• 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 is a corporation)l B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation)l C) an officer► director, ptkrttter, or employee of the applicant] or D) the actual applicant. DESCRIPTION OF RELATIONSHIP - __ __ - - - - _ _ _ i� f' 'i•.' •W t1 �..., � y�.: y 1 4'1 Irl/•ill .1 �. ..� '' . submitted signature Print.n0mo, 6!9199 1'JUN 09 '99 02: 12PM BATTLE FOWLER LLFFrom C. Mesimno Inc. RICHARD O'TOOLE 55 LOCUST STREET FLORAL PARK, NSC' 11001 516-352-0685 Catherine Mesiano, hic. 12 Mill Pond Lane East Moriches, NY 11940 RE: 2280 OLE JULE LANE, MATTITUCK To R. O'Toole 1212-866.7810 p. 1,, 1 This is to confirm that your firm, as agent for Richard O'Toole.. is hereby authorized to proceed on my behalf for the filing of any and all necessaiT penults for the construction of an inground swimming pool at the above referenced address. / RICHARD O'TOOLE DATED: June 9 , 1999 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLI J �[AUG&t � CATION A. Please disclose the names of the owners) and any other individuals (and entities) having a financial interest in -the subject premises and a description of their.interests: (Separate sheet maybe attached.) LIQ :A A n p i• I ATH GCs C3 N ()' TOOL&' t7 W Yl'e.1/ B. Is'the subject premises listed on the real estate market for = sa;e or being shown to prospective buyers? { } Yes { } No. (If Yes, please attach copy of "conditions" of sale.) C. Are.there any proposals to change or alter land contours? { } Yes {x} No D. 1. Are there any areas which.contain wetland grasses? n o 2. Are the wetland areas shown on the map submitted with this application? W5 3. Is the property buL eaded between the wetlands area and the upland building area? 4. If your property contains wdtlands or pond areas, have you contacted the Office of the Town Trus tees for its determination of jurisdiction? 4cs E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? IO-. (If not applicable, state-"N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not,shown an the survey map that.you are submitting? V�one If none exist, please state "none." G'. Do you have any construction taking place at this time concerning your premises? ten- If yes,, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also awn other land close to this. parcel? 0— If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel 5 -C ejI I and proposed use WM M��Mlm 3/87, I0/90Ik NOTICE 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): 6:45 p.m. Appl. No. 4732 - RICHARD OTOOLE. This is a request for a Variance under Article XXIII, Section 100-239.4B based upon the Building Department's July 1, 1999 Notice of Disapproval regarding a pool in a rear yard location, at less than 75 feet from the existing bulkhead. Location of Property: 2280 Ole Jule Lane, Mattituck, NY; Parcel #1000-122-4-10. 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 regula'2 ,. 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 0 ,,. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ----- .-------------------------- ----------x In the Matter of the Application of RIC9AIR) 0,_10 . C) C-ra (Names of Applicants) Parcel ID #1000- 122 - 4 - ) 6 ------ ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) CG P11 1999L�I AFFIDAVIT OF MAILINGS I, C�Ch� lid i✓ i'� c 51 p+ NO residing at I?- M,L-c- Po n» LA. E- M o R-Ic R E - s , New York, being duly sworn, depose and say that: A On the � ,'III � A day of 0 1+ u Sr ,19_1, I personally mailed at the United States Post Office in Soo-rrt v L_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 (4 Assessors, or () County Real Property Off -ice So v-rr,-oL p 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 17 day of e�. , 19`l% MARY ANN CYBUISKI Notary Public, State of New York Residing in Suffolk County - No. 52-5895900 Commission Expires April 30, 1'9-21000 (No ary Public) 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. PROOF OF MAILING OF NOTICE _ATTACH CERTIFIED MAIL RECEIPTS - � ?�1' 2�3 � � ---- Address: �i Z' �P 403 937 075 US Postal Service P 4 ®' US Postal Service Reoeopt for CeRtMed MaH . E Post ark or Date /_ L cn vs�1� Receapt loo° CaRtMed MaH No Insurance Coverage Provided. a Q Return ece awing to Whom, Date, Addressee's Address s�01 No Insurance Coverage Provided. Do not use for International Mail See reverse g� TO L P& 1 I US Postal Service �7 Do not use for International Mail_ See re Sent to Receipt pt for ark or d Sent to Mlr—& Mrs. William G. Wilsberg ` BQx 1429 reverse No Insurance Cov( Do not use for Inte Susanne Boera — Sir 10 Garden Street pMattituck Nl! fifi952 tee - cn Sent to I Pa Garden City, NY 11530— Postage $ Certified Fee Q l Special Delivery Fee Robeft WI 2400 Ole Matt'itUCK, Postage Certified Fee—(� Postage Certified Fee Special Delivery Fee Restricted Delivery ori Return Rec ' Whom I Special Delivery Fee I I Restricted Delivery Fe LO rn Return Receipt '- whom & Dat Q Return Recei Showi to Q Date, & Addr ee's Addre ® TOTAL Po tag co F Q Restricted Delivery Fee Postmark o ate rye E Post ark or Date /_ L cn vs�1� ReturnReq ' Z c Whom a Q Return ece awing to Whom, Date, Addressee's Address s�01 ® TO L P& 1 Special Delivery Fee Robeft WI 2400 Ole Matt'itUCK, Postage Certified Fee—(� Postage Certified Fee Special Delivery Fee Restricted Delivery ori Return Rec ' Whom I Special Delivery Fee I I Restricted Delivery Fe LO rn Return Receipt '- whom & Dat Q Return Recei Showi to Q Date, & Addr ee's Addre ® TOTAL Po tag co F Q Retu ed6�i�wing tc co Date, Addressee's Addrr E Postmark o ate rye E Post ark or Date /_ a vs�1� ® LL TO ALAWaDate- s�01 p�Pos �7 EL E ark or d ri COL - cn a ------ ---- a �ti- _ _ - _ ilj �"� mea ,�, Pcif t� roc , residing- « �-1 f a� irt'rytZ� r •T� 2� �, , being duly sworn, deposes and bays that n the day of ucusr ,199 9, deponent mailed a true copy of the Notice set forth n the Board of Trustees Application, directed to each of the above named -persons at the addresses set opposite there respective.names.; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed.at the United States Post Office at 5ou-rK oLtD M\1 , that said Notices were mailed to each of said persons by (certified) (reg =}c ) mail. f Sworn to b - fore me this day of ,19 otary Publi D MARY ANN CYBULSKI Notary Public, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30, KiRL`91Vv SENDER: ■Complete items 1 and/or 2 for additional services. I also wish to receive the•-.. _, •N ■Complete items 3, 4a, and 4b. following,services (for an I y ■Print your name and address on the reverse of this form so that we can return this extra fee): I also wish to receive the card to you. ) 1 and/or 2 for additional services. (I > ■Attach this form to the front of the mailpiece, or on the back if space does not w ¢ 3, 4a, and 4b. following services (for an a, permit. 1. p Addressee's Address —> a and address on the reverse of this form so that we can fetum this extra fee): I y ■ Write°Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date 2 ❑Restricted Delivery 1. El Addressee's Address e -<' delivered. to the front of the mailpiece, or on.the back if space does not c Consult postmaster for fee. CL m `m 3. Article Addressed to: m }eceipt Requested'El the mailpiece below the article number. 2. Restricted Delivery 4a. Article Number ceipt will show to whom the article was delivered and the date N d P a 3-7 I Consult postmaster for fee. i 11 CL w ° HarOI 4b. Service Type ressed to: 4a. Article Number I d W. Wilsber ❑ Registered _ / ¢ L4 03 -:;-1 ®� E 5 to 9, as Trustee g L" Certified rn 1385 I�1/j/4b. Service Type Iw 22nd AV. ❑Express Mail ❑ Insured COP - v Io Delray Beach F e.. ❑ Retum Receipt for Merchandise ❑ COD I Bert White El Registered Certified -- r-,-- L 33445 - - - of Deliv o 400 Ole Jule Lane. _ ❑ Express Mail ❑ Insured z c fiattituck, NY 11952 ❑Return Receipt for Merchandise ❑ COD 5. Received By: Print Na e c 7. Dat DeliG c y ( ) 8; ;Addressee' Address ( y if reque ed t ¢ �� .and fee is paid) v m l 6. Signature: (Addressee or Agent) F- MI. /print A/amal 8 Addressee's Address (Only if requested WA ..� , .i, •p.' ): 1. r ,, PS; Form 3811; December 1994 Domestic Return Receipt PS SENDER: I ns 1 and/or 2 for additional services. ■Complete items 1 and/or 2 for additional services. ns 3, 4a, and 4b. I also wish to receive the 1 y ■Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this following services (for an extra fee): 11 > card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not permit. 1. 11 Addressee's Address CD r ■Write°Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted Delivery c delivered. Consult postmaster for fee. °m 3. Article Addressed to: 4a. Article Number IC -era L+0 J 1 c Susanne Bo 4b. Service Type V I cn 1.0- Garden- Street ❑ Registered ertifiec EH CI ' ❑Express Mail19-5el w LU Garden City, NY 11530 I ured ReturnReceiptndise o❑ Q 7. Date of Deli v ry AUG - 9 1999' �� M 5. Received By: (Print Name) 8. Addressee's Ptddress (Only if requeste and fee is g 6. Sign tur : ( dressee or Agent) :Iy • c and fee is paid) z H 3811, December 1T94 ' I ns 1 and/or 2 for additional services. I also wish to receive the ns 3, 4a, and 4b. following services (for an { ne and address an the reverse of this form so that we can return this extra fee): Receipt for Merchandise ❑ COD nn to the front of the mailpiece, or on the back if space does not 1. 13 Addressee's Address v 1 Receipt Requested'on the mailpiece below the article number. 2• ❑ Restricted Delivery in 1 I eceipt will show to whom the article was delivered and the date .. I Consult postmaster for fee. of 4a. At z Mrs. Vvillam C. V1litsberg'� " 429. uck, NY 11952 7 By: (Print Name) 'tiCFb� `- 8 (Addressee or Agent) Number :e Type ; ered [9-6ertifted I ss Mail ❑ Insured c Receipt for Merchandise ❑ COD N Delivery �I 1dressee's Address (Only if requested id fee is paid) o� PS Form 481 December 1994: Domestic Return Receipt 811, Decgnr be 94 Domestic AeUrn Receipt 1000-1-22-4-9 Susanne Boera 10 Garden. Street Garden City, NY 1.1530 1000-122-5-10.1 Harold W. Wilsberg, as Trustee 1385 NW 22nd Ave. Delray Beach, FL 33445 1 -000 -122 -4 -1 -1 - Robert White 2400 Ole Jule Lane Mattituck, NY 1.1.952 1000-122-5-13.7 Mr. & Mrs. William C. Box 1429 Mattituck, NY 11952 NOTICE TO ADJACENT PROPERTY OWNER In the matter of applicant: Io -Loll ao YOU ARE HEREBY GIVEN NOTICE: Wilsberg 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: CONSTRUCT A 20' X40' INGROUND POOL 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 2280 OLETULE LANE, MATTITUCK A.41 ACRE LOT PRESENTLY "ROVED WITH A SINGLE FAMILY DWELLING WITH ATTACKED GARAGE AND DECD LOCATED ON TIM WEST SIDE OF OLEJULE LANE, APPROXIMATELY 150' SOUTH OF KRAUS ROAD 3. That the project which is subject to Environmental Review under Chapters 32, 37, or 97 of the Town Code is open to public comment. You may contact the Trustees Office at 765-1892 or in writing. The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNER'S NAME: MAILING ADDRESS: Richard O'Toole 55 Locust treet Floral Park�NY 11001 OWNER'S AGENT Catherine Mesiano; Inc. 12 Mill Pond Lane East Moriches, NY 11940 Enc.: Copy of sketch or plan showing proposal for your convenience. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ----------------------- --------. ---------------X In the Matter of the Application of IR IC.HA'21> O I00LIS (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- Zi - L4 - ) 0 ___-- . ------------------------------------ —X COUNTY OF SUFFOLK) STATE OF NEW YORK) L9�!J 417 ma� f AFFIDAVIT OF _ POSTING I, Th r,✓ „-e, !�'� +r s h Ny residing at 12 M I L L Patio L.g. >✓ . M 0 2 i c, tit ES , New York, being duly sworn, depose and say that: On the L14 -k day of Ao 9osT ,19_9 5, I personally placed the Town's official Poster, with the:date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer front the street or right-of- way - facing the street or facing each. street or right-of-way abutting this property;* and that I hereby confirm that the -Poster has remained in place for seven days prior to the date of the subject hearing'date, which wring date was shown to be. t$ 9 (Signature) Sworn to befor me this / 7', day of M� , 19�ff - (Notary Publi ) MARY ANN CYBULSKI Notary Public, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30. W__.voo *near the entrance or driveway entrance of my property, as the area most visible to passersby. OFFICE OF ZONING BOARD OFAPPEAL5 53095 Main Road Southo/d, NY 11971 (516) 765-1809 fax 765-9064 August 2, 1999 Re: Chapter 58 — Public Notice .for Wednesday, August 18, 1999 Hearing 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 8/10/99. 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 PrglANCf- - Sw(mmiNG ROOL-- 16ULW#E&b sef6aaG 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: A C; eToo Is. 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 ao*")BG OLS ZOLf.0 4N MA-T#r1TU0 � �t %0o L FOR BOARD AND STAFF USE Updated New Information