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ZII4PL, //',e,< //// 9% 7/3/C Sic i i&,, L-5T /"/i3ic'/oaf/ /9 4 *I79 AA %G oo messed --Sltwa Peel- A6La ,e ea-n$ eQQK_ --.GEN/6Q As ,ePAL,5?, - Q-44,v-rEQ //7:17 /Patric_ e &,/T 46 14,,e-r 0F77/EPee/ Fo,e >h1s .etov or /1c,9setie,,va <SEt,BAcX_ -D/eYVE L-s %v_s7-42e0 ,2),eA,,v4Gc OUC2 ,1 Let =tom +1/4 o_ 000a• ai4- e/& ' 9-aa _ Pei F4107 c,9 94-?/o7 • ,#NI4y • .APPEALS BOARD MEMBERS d,NpFFO( �POOS SCC Southold Town Hall Gerard P. Goehringer, Chairman ti� ym: 53095 Main Road James Dinizio, Jr. j P.O. Box 1179 Lydia A. Tortora = $ - Southold, New York 11971 Lora S. Collins 0 #4o 0��W' ZBA Fax (516) 765-9064 George Horning 1 # �� P�tept�one (5t6)765=1809 BOARD OF APPEALS j TOWN OF SOUTHOLD I ,,i OO FINDINGS, DELIBERATIONS AND DETERONAT - _ . MEETING OF APRIL 19, 2000 Appl. No. 4794 - MARK LAMPL 1000-30-2-81 Location of Property: 910 The Strand, Pebble Beach Lot 127, Eas Marion Date of Public Hearing: April 6, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a 23,375 sq. ft. waterfront parcel located on The Strand Way in East Marion. The property is improved with a 1 and 2-story frame house with side yards at 12.9 feet on each side, existing front yard at 68.2 feet, and setback from the rear deck to the top of bluff at 75+- feet (66+- feet at the closest point to the west over the adjoining parcel). BASIS OF APPEAL - Building Inspector's Notice of Disapproval dated January 25, 2000, denying an application for a permit to build an inground swimming pool because it will be setback less than 100 feet of the bluff as required by Code Section 100-239.4A(1). RELIEF REQUESTED: Applicant requests a variance authorizing a 20 x 40 swimming pool in a location 42 feet from the top of the bluff, measured on a line drawn perpendicular from the center of the existing house and deck. At the hearing on April 6th, applicant indicated that alternative relief would be acceptable. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The center of the existing deck on the rear of the house is 75 feet from the top of the bluff. The slope of the land and the existing setback from the street make a pool in the front yard impractical. Consequently, installation of a pool requires a setback variance. (2) Swimming pools in rear yards are not uncommon in the neighborhood, and construction of a conventional pool on applicant's property, unenclosed except for required fencing, will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (3) A report from the Suffolk County Soil and Water Conservation District states that vegetation on the bluff is dense, and finds no problem with a pool located near the house as proposed. Although the Board heard testimony from an area resident to the effect that pools on the Sound bluff are a threat to the community wellbeing, no evidence was introduced to indicate that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. Rage 2 - April 19, 2000 ZBA Appl. No. 4794 - M. Lampl Re: 1000-30-2-81 (4) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to DENY the relief as applied for, and ALTERNATIVELY to GRANT variance relief authorizing construction of a pool whose seaward edge shall be no closer than 50 feet from the top of the Sound bluff, measured on a line drawn perpendicular from the center of the existing house and deck, subject to the following CONDITIONS: 1. Any decking around the pool that is above grade shall count as part of the pool for purposes of measuring the setback; No physical connection to the house; 2. Drywell(s) shall be installed and no drainage of any sort shall be directed over the bluff. VOTE OF THE BOARD: AYES: Members Go-• ' ger airman), Dinizio - d Tortora. (Members Horning and Collins were abse . This R= olution • -d•. -d 3-0). -e-et GERARD P. GOEHRIN R CHAIRMAN 4/20/00 NOTICE OF PUBLIC HEARING • SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,APRIL 6, 2000 NOTICE IS HERESY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning),Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 6,2000 at the time noted below (or as soon thereafter is possible): 7:15 p.m. Appl. No. 4794- MARK LAMPL. This is a request for a Variance under Article XXIII, Section 100- 239.4A(1), based upon the Building Department's January 25, 2000 Notice of Disapproval and an application for a building permit to locate a proposed swimming pool at less than the existing 66+- ft.nonconforming setback from the bluff of the Long Island Sound. (Section 100-239.4A of the Zoning Code provides for a minimum setback landward of existing principal dwelling, or a minimum of 100 feet from the top of the bluff.) Location of Property: Lot 127 on the Map of Pebble Beach; also known as 910 The Strand Way, East Marion, NY; County Tax Map Parcel 1000-30-2-81. t The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). ,The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours(8-4 p.m.). If you have questions, please do not hesitate to call (631)765-1809. Dated: March 10, 2000. GERARD P. GOEHRINGER,CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 02/042008 17:10 15157279419 ISL;NDIA POOLS LTD PAGE 09 rTh TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OP DISAPPROVAL DATE. Taruary 25: 2000. .. . . . Is1andia Pool L_) (Lamp') To .108.ZisWAvenue sivezte444 NY. 11901 PLEASE TAKE NOTICE that your application dated . . . ra P1-at<. for permit taconstt s .4 g Qu;S ,5T i Alr;3P�J ,:_;_ _ . . .. .. ... .. ... .. . . . . e. . at Location of Property .1iQ b .SLsaaG. . . House No. Street Hamlet county-Tea Map No. 1000 - Section ?aBLO LOT 81 Subdivision .PFk c. r$cb =arms. Piled Map No. Lot No. 4.7 is_ returned herewith and disapproved on the following grounds hat,;ne_2ro?esed.... construction is within 100' of the top of the bluff. Under Article XXIII, Section 100-239.4:) (1) , all buildings located on lots adjacent to sounds and upon which exists a bluff landward of the score or beach shall be set back not fewer than • one hundred (100) feet from the top of such bluff. +/- 42' from top of bluff. 1/- 137' lot coverage. 17/ BUILDING INSPECTOR Michael J. Verity RT 1/80 - 'Oct/2Etti0 17: 10 151E„ta19 ISLAND IA POO c LTD PAGE 05 BOARD OF HEALTH 4` FORM NO, 1 3 SETS OF PLANS i I JAN I 1 20(10 11. TOWN OP SOUTHOLD SURVEY BUILDING DEPARTMENT CHECK i. TOWN HALL SEPTIC FORM BLDG DEPT SOUTHOLD, N . 11471 TOWN 4F SOUTkOZD TELE 765-1802 NOTIFY: / J CALL . . . : 'l .4'. 1. Examined , 19.,.. BAIL DT�O>r r �D/fl ?i 4,r Z72 Approved , '�le. Permit Na. :gfcT f l%Net- 41/'& q Disapproved arc „j t ),.../14 "x.:.... � 1S •q }MAt7/•yt...l!I.Q7. (building Inspector) APPLICATION POR BUILDING PERMIT Date d'i f/ 1 . INSTRUCTIONS a. This application must be ccr;pletely filled in by typewriter or in ink and submitted to the Building Inspector w-i 3 tete of plans,`icdkJte p1tt pints to 'scale: .Pee according to schedule. b. Plot plan shoring location of lot end of buildings on prenises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagran which is part of this..applicati«r. c. tine Work covered by this application may none commenced before issuance of hiding Permit, d. Upon approval of this application, the building Inspector will issue a Building Permit to the applicant. Such permit shall be kept co the premises available for inspection throughout the work. e: No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEMIBY YALE to the building Department for the issuance of a Building Pernnit pursuant to the Building Zone Ordinance of the Item 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, es herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to adult authorized inspectors on premises and in I ng or +easary inspections. .. (�\Ci of a. Inns or name, if a corporation) (./ yr vie a r.,1I C: Riteecke , �j p (Mailing address of applicant) State whether applicant is ower, lessee, agent, architect, engineer, general contractor, electrician, ptiuber orbuild/it t Com/se :bee of owner of premises !U 1"14---734,14 I V A 1-1441/°1-- (as on INft(ason the tax roll or latest deed) u . If applicant is a corporation, signature of duly authorized officer. (Nacre and title of corporateofficer) r•, * Builders License No. 14/p/ Plumbers License No. .4 Electricians License No. Other Trade's License No. I. Location of land on which proposed work will be done { 9/6 rte sr mile egsr ,*AC roiv House Amber Street Haslet County Taxtb. 1000 Section ac:' ...Block U?,.. Lot g( ”- Subdivision .14S64--C iieAc14 6441"S. Filed Hap No. ..QF! Lot�?�... //All .. , (Ns») 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction a. Existing use and occupancy .e •I b. Intended use and ocasp x:y ..... ....... /!v7. ...... •. 12sl14:2GiEtJ . 17: 10 1515,.,,,,,.19419 L`_;L,NDIA F'OI LTD. PAGE 05 Riitire of wok (check idridr applicable): plot Wilding Addition - Alterat- Repair Reowal De<rrolition other Work (MM . tWI MEL" ,�,., ,,-------- (Description) Esti:rated Cost G --4/cc) fee (to be paid on filing this application). ' If Belling, rurber of dwelling-rarits !briber of dwelling units on each floor if garage, nnber of cars If business,;commercial or mixed occupancy, specify nature and extent of each type of use piirensions of existing structures, if any: Front Rear Depth Ileiglet Brener of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height llnl,er of Stories Dierensions of entire new construction: Front Rear Depth Height Rueter of Stories Sire of lot: Rent - Rear Depth Date of Rerchase Rare of Donner Comer Zone or use district in wteitie premises are situated Does proposed ccr>_strvction violate arty toning 'lav, ordinance or regulation: ,V Will lot be regraded Will excess fill be reawed from a: �y ',,'! flares of owner of �isea iGA rC M L- 9STi7olifV. " �e fl' one 9f prepuces r' 7.`�. ..... .,P`-`.. Andreae Phone No. Nae of Architect Address fprone No. Hare of Contractor . S414)Vaidte o4145 c-rnAddress% (e's'44\ TOWN OF tOOTROLD, NEW YOPXL--I ' 4,,,.. Villa 1 ii( ECESVED APPEAL FROM DECISION OF BUILDING INSPECTOR _ FEB I 8 OX0 DATE azk.?-11(444-L-cat ... TO THE ZONING BOARD OF APPEALS, TOVVIkiiegaletnitakCleit Y. -icor- too 2-6- s icne 3S Mark L. Lampl ra,„-,, . raticatsc4 c 1, (We) Patricia R Lamp]. P1t-i•FcNinfl. li 4 St. John Place 11407-0(t.e-. frA,....-inin4"'IPici°71 . Name of'APPe. itt—nt. ... '''' -- . . Street and Number -avn int/al,/ Port Washington New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE fBUILDING INSPECTOR ON , APPLICATION FOR PERMIT Na DATED ,JailluaEX 25, 2000 WHEREBY THE BUILDING INSPECTOR DENIED TO Islandia Pool LTD (Lamp].) Name of Applicant for permit of 10Q..Eiabel..Avenue....._.................RTY.ene.a.C1 New..X.PrIc Street and Number Municipality State ( ) PERMIT TO USE (X4 PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY 910 The Strand, East Marion R-40 Street /Hamlet / Use District on Zoning Map District 1000 Section 30 Block 2 Lot .09urrent Owner Mark & Patricia Lampl .0 Map No. finhicrgeBgEg Farm Lot No. 127 Prior Owner. DeBorger, Cortellincit et. al. 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIII Section 100-239.4(A)(1) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( i request for a variance and was made in Appeal No. Dated REASON FOR APPEAL i ( ) A Variance to Section 280A Subsection 3 t ? ( X) A Variance to the Zoning Ordinance - I- ( ) is requested for the reason that an in-ground swimming pool, which must be located in the rear yard area cannot be located so as to provide a distance of 100 feet from the top of the bluff on the subject premises. ., . Form ZBI (Continue on other side) • , 4 i ....._ . ...,...--. .............. ....... REASONS FOR AREA VARIANCE ONLY (to be completed bv. applicant): Do not use these standards for "use variance" or "special exception. " (Also attach sheets if necessary, with signatures. ) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: thereare several other in=ground swimming pools in the neighborhood. Some of these pools are located less than 100 feet from the top of the bluff. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: there is insufficient room in the rear yard area of the subject subject lot to provide a 100 foot set back from the top of the bluff to an in-ground swimming pool located in the rear yard area. 3. The amount of relief requested is not substantial BECAUSE it is the minimum relief required in order to locate an in-ground swimming pool in the rear yard area, while allowing room around the pool. 4 . The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE the in-ground swimming pool will be set back 42 feet from the top of the bluff and there are other such pools in the neighborhood that are located within 100 feet from the top of the bluff. 5. Has the alleged difficulty been self-created? ( )' Yes . (XX ) No. The house was already built on the subject premises when the Lampis bought the property, leaving them insufficient room in the rear yard area. 46 . This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the common ty. STATE OF NEW YORK) 7 E fj i COUNTY OF SUFFOLK) . it f (Appl ant) Agent must attach w t n consent from owner. J. K- in McLaughlin, as a torney and agent for Mark L. . p and Patricia R. Lampl Sworn to before me this g 'i of February 2004 . Notary Public • CLAIRE L CLEW Notary Public,State of New York ******************* No.07GL4839505 txtlk/form.var/tem Qualified a°Suffolk co•,��tt+ua p Commission Expires Dec.9, 7 • ::tee 4 3 3 � � � tl /6 4 3a -1 - 3l TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET /7tj VILLAGE DIST. SUB: • LOT /_� AO�WNER t� `I / f; C �e 2 Lit I'� l�.i"rarkL4 V ItfC'IQ eLamei 2 € s/ Tran 0/ Ea J. t /�idr/on P2 L / �ead.A / arm.r ne, <,!-� p. FORMER O1ER•97°W01 itra. tt qrcienlilt)if 045 4— 0/1/, IPIDS 1c`Qum rfari5 flg)/ S W TYPE OF BUILDING 1'eale,eea r A f /ra T., RES. )I SEAS. VL. ✓ FARM COMM. CB. MICS. Mkt. Value / LAND IMP. TOTAL DATE REMARKS /2r'f/ •/ 3y.tao �= lysi fi,�ebiry.z„4„, �(`du,�fd4 Ae4%, ;#97/ 46 , ./ ggo / 3r/r/2 6 31131q0-1-Nasi/ a3a- carnq 71-a(ie 6 C'.or{l///oc' a? is -*2:75, t V.2,00 N fY rc�� 2?/,71> 10/3/7'0- '#1- 94:3til :1'n1sS,ft,. ane ("ctm, DWLC - hop, ono, sit loo f< 400 Iibp A .- °C) 9-124 l 4/3/9.2 L //44f 414 - `^J �i 3 % r f / 1 firm rl'&S 4l!'1 ti `-©c 000 It ca 1j30/aI 6Jq/9q--L //9l/p417- COrlC(/1na fir ors /v1-4rnp1 $411s7xo Tillable FRONTAGE ON WATER 71' \ Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD N. Total I I I COLOR NQrv� TRIM — __ , 5i ;�F' +C A5ry i G C_1 -- — tts « €.- _ LSk‘i -, L — 2STE ivt. Bldy AFP 1)1 )(3-7 5t 57 2g7q , — — > - Extension GIN+c+ertFP WK31 5(8 3 — 29 ' 4 Extension 14 v.11 _ lS4 de ;, X10 = 50 --- Fite sio iXq - 1°3 — shrtLiNna,A.QL 41K 14 = SCo 2 14 0 Foundation Bath $ i12_ Dinette ? SKr/: ' \ Basement Floors — ` ( g©� �j� QO Gv 1,k1 ,Ft:_ � l4 I< Porch (SKS 7Ext. Walls&�0,4 veck,e4 S.R,uos, Interior Finish G. P., LR — Breezeway Fire PlaceHeat YcS Oi� DR. r. Garage 1 Type Roof Rooms 1st Floor BR. N B 6 Patio 9i �� Recreation Room Rooms 2nd Floor 2€ % 2 dti O. B. Dormer Driveway CA^w,. ✓ — — t . Total Tatal _ `l 0 1 ID(9 V 4 0Prov row() (9/63i \ 1�� r (3/41 (9/ ELIZABETH A NEVILLE, TOWN CLERK Town of Southold Southold, New York 11971 Phone 631-765-1800 PERMIT/RECEIPT #4794 Lampl, Mark& Patncia 910 The Strand, East manon11939 Received $ 400 00 for Permits - <<TransactionType>> Application Fees on 02/18/2000 Thank you It has been our pleasure to serve you By Al Lei' ,/ at c0/ (time issued) APPEALS4BOAR1) MEMBERS ,ilogtfFO(,� � COG Southold Town Hall Gerard P Goehnnger, Chairman y 53095 Main Road James Dino,Jr ; PO Box 1179 cop Lydia A Tortora : v► 4 Southold,New York 11971 Lora S Collins L 441 ` ���, ZBA Fax(516) 765-9064 George Homing = ! * ���,��� Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prepared 4/18/00 AGENDA Upd 4/25 REGULAR MEETING THURSDAY, MAY 4, 2000 615pm - Call to Order I SEQRA REVIEWS/DETERMINATIONS RESOLUTION declaring the following designations and Negative Declarations for Unlisted Actions Type II Projects Appl No 4806 -T Gurney Appl No 4805 -W Moller Appl No 4810 - J Braverman Appl No 4811 - C Cornell Appl No 4812 - G Alec and_D Smith Appl No 4819 -J Wolf Appl No 4813 -A &Southold Oil Corp Appl No 4814 - R Wilson Appl No 4815 - G Garbe Appl No 4818 - C Meskouns Appl No 4822 - Belvedere Property Management '---Appl no 4824- J Kiefer Unlisted Projects Appl No 4809 - Belvedere Property Management(Special Exc) Appl No 4816 -V Daley (Special Exc for Bed and Breakfast Use) Appl No 4817- J Boger(Special Exc for Apartment Use) II PUBLIC HEARINGS 6 30 p m Carryovers from last hearing calendar Appl No 4780 - LAWRENCE and JOSEPHINE PEARLSTEIN This is a request for a Variance under Article III, Section 100-33 based upon the Building Inspectors November 26, 1999 Notice of Disapproval regarding accessory storage shed located in an area other than the required rear yard (or required front yard) at 2225 North Sea Drive, Southold, 1000-544-23 Appl No 4801 - NANCY WEBER Proposed pool wrth a setback at less than 100 feet from the average top of the bluff at 160 The Strand, East Marion, NY, 1000-21-5-7 Page 2 -Agenda • 4 Regular Meeting of May 4, 2000 Southold Town Board of Appeals Appl No 4802 - ROBERT AND ANDREA MOHR Proposed storage building related to applicant-owners' proposed agricultural use of the property at 630 Wabasso Street, Southold, NY, 1000-78-3-64 Appl No 4804 - ASTRID GADDIS Applicant requests Variances for a dwelling addition at less than 75 feet from the bulkhead and side yards at less than the existing 14'9" nonconformity 7020 Peconic Bay Boulevard, Laurel, Parcel 1000-126-11-6 6 50 p m Appl No 4806 - THOMAS GURNEY Applicant is requesting a Variance under — —Article XXIII, Section-100-239 4A-1-based upon an application for a building-permit-to-construct a - swimming pool and as-built hot tub/spa, as stated in the Building Department's March 9, 2000 Notice of Disapproval Both structures are proposed at less than 100 feet from the bluff or bank of the L I Sound, and the spa structure is in a side yard location with less than 20 feet from the property line Location of Property -4055 Aldrich Lane Extension, Mattrtuck, NY, Parcel No 1000- 112-1-10 I _ 6 55 p m Appl No 4805 - WILLIAM MOLLER Applicant is requesting a Variance under Article III-A, Section 100-30A 3 based upon an application for a building permit to construct an addition as stated in the Building Department's—February-11, 2000-Notice of Disapproval - The proposed addition is less than 50 feet from a front property line near Old Cove Road Location of Property 2530 Vanston Road, Cutchogue, NY, Parcel No 1000-111-5-3 7 00 p m Appl No 4810 - JOEL BRAVERMAN Applicant is requesting a Special Exception to establish an Accessory Apartment use in conjunction with owner's residence as provided by Article III, Section 100-316(13) Location of Property 5700 Alvah's Lane, Cutchogue, Parcel No 1000-101-2-18 4 7 10 p m Appl No 4811 - CLIFFORD CORNELL A Variance is requested under Article IIIA, Section 100-30A 4, and Article XXIII, Section 100-230F, based upon the February 3, 2000 Notice of Disapproval regarding a building permit application to locate a proposed garage as an accessory in the side yard Location of Property Right-of-Way north of North Bayview Road (to the east of Reydon Drive), Southold, NY, Parcel 1000-79-5-20 8 7 15 p m Appl No 4819 - J WOLF This is a request for a Variance under Article III, Section 100-32 (100-30A 3) for the rear yard setback of an "as built" foundation on Lot 11 at Sunny Shores, East Cutchogue at less than 50 ft on this 20,100 sq ft parcel Location of Property Corner of Wilson Road and Beebe Drive, Cutchogue, NY, 1000-103-4-46 7 20 p m Appl No 4812 - DIANE SMITH and GEORGE ALEC This is a request for a Variance under Article XXIII, Section 100-239 based upon the Building Inspector's March 22, 2000 Notice of Disapproval which states that the lots proposed in this two-lot subdivision are less than 80,000 sq ft when the land under water is subtracted The lots proposed are 73,677 sq ft and 79,302+- sq ft each when the land underwater is subtracted Location of Property 22445 Main Road, Cutchogue, NY, County Tax Map Parcel 1000-109-1-7 }, Page S-Agenda Regular Meeting of May 4, 2000 Southold Town Board of Appeals • PUBLIC HEARINGS, continued 7 25 p m Appl No 4813-A & $ SOUTHOLD QIL CORP (and E M &T Inc) Vanances are requested under Article XXIV, Section 100-242A and Article X, Section 100-101C(1) to locate a canopy structure over gasoline pumps in the front yard area, and to construct an addition to the existing building, both with insufficient setbacks from front property lines This variance is based upon an application for a building permit, which was disapproved on March 6, 2000 Location of ' -- -Property -49670 Main Road,Southold, NY, Parcel 1000-70-7-4- - - — - 7 40 p m Appl No 4814 - RONALD AND ANNE WILSON Applicants are requesting a Variance under Article XXIV, Section 100-244, based upon an application for a building permit to construct additions which will exceed the 20% lot coverage limitation A January 20, 2000 Notice of Disapproval was issued by the Building Department which indicates that the combined lot coverage is 23 80+- percent Location of Property 1330 Gillette Dnve, East Marion, NY, Parcel No 1000-48-2-14 - 7 50 p m Appl No 4815 - GEORGE GARBE This is a request for a Variance based upon the Building Inspector's March 12, 2000 Notice of Disapproval in applicant's request for a building permit for an "as built" accessory shed The reasons noted are that the shed is located in a side yard with a setback at less than three feet on this 15,240+- sq ft lot Location of Property 685 Osprey Nest Road, East Manon, NY, Parcel 1000-35-6-27 7 55 p m Appl No 4816 - VEDA DALEY This is a request for a Special Exception to establish Accessory Bed and Breakfast use in conjunction with owners residence, as provided under Article III, Section 100-30B(14) of the Zoning Code Location of Property 8900 Main Road, East Manon, NY, County Parcel #1000-31-8-1 1 8 10 p m Appl No 4817 - JESSICA BOGER This is a request for an Accessory Apartment in owners existing single-family residence as provided under Article III-A, Sections 100- 30A 2 (B-1) and 100-31B-13 Location of Property 270 Gagen's Landing Road, Southold, NY, County Parcel#1000-70-10-18 8 15 p m Appl No 4818 - CHRIS AND JAMES MESKOURIS Applicants request a Vanance as stated in the Building Inspector's Apnl 5, 2000 Notice of Disapproval for the following (1) proposed construction on non-conforming lot is not permitted under Article XXIV, Section 100- 244B due to the minimum front yard setback of 40 feet, subject lot has right-of-way across property on easterly and northern boundanes creating front yards on those frontages, proposed setbacks on those frontages exceed forty foot minimum required by Code Setback from right-of-way on north proposed at 25 +- feet, on the east at 12-1/2 +- feet, and (2) pursuant to Article IIIA, Section 100- 30A accessory use(s) shall be located in required rear yard, proposed accessory swimming pool located in front yard on northeastern side of proposed dwelling Location of Property 675 Summit Dr, Mattituc k, NY, Parcel No 1000-106-1-47 Page 4-Agenda Regular Meeting of May 4, 2000 Southold Town Board of Appeals PUBLIC HEARINGS, continued 8 20 p m Appl No 4824 - JOAN KIEFER This is a request for a Variance under the Zoning Code, Article XXIV, Section 100-244B (Bulk Schedule 100-32) for an insufficient front yard setback of an "as built"foundation at 1115 Terry Lane, Onent, NY, Parcel No 1000-14-3-3 8 25 p m BELVEDERE PROPERTY MANAGEMENT LLC (Owner Robins Island Holdings, LLC ), located at 380 First Street, New Suffolk, NY, Parcel 1000-117-8-19-- -Zone- — - Distnct Marine-Il Applicant is requesting (1) Appl No 4809 - a Special Exception under Article XII, Section 100-121B(2) to construct new building and establish uses incidental to a private ferry terminal use (existing) for transportation to and from Robins Island from this 21,407 sq ft parcel, and/or an Interpretation that a Special Exception is not necessary, and (2) Appl No 4822 -Vanance based upon the Building Inspector's March 28, 2000 Notice of Disapproval, for the reason that the new building, to be used for offices incidental to a private ferry terminal, is shown at less than 15 feet from the side property line, which is not permitted under Article XXIV, Section 100-244B III DELIBERATIONS/DECISIONS (matters listed above) IV OTHER RESOLUTIONS/MISCELLANEOUS A New Reviews by Board Members B RESOLUTION to calendar new applications filed in complete form for Thursday, June 8, 2000 at 6 15 p m , with carryovers at beginning of calendar C Date of next meeting for possible agenda carryovers, etc Wed , May 10, 2000 at approx 6 30 p m D 4kA_D VtP) 200D 11) rff COUNTY OF SUFFOLK OV v D b) � MAY - 5 r 141'• ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M JONEs, A I C P DEPARTMENT OF PLANNING DIRECTOR OF PLANNING April 28, 2000 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following apphcation(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 determmation should not be construed as either an approval or a disapproval Applicant(s) Municipal File Number(s) Taylor, Thomas 4793 ✓tampl, Mark* 4794 Bnen7.a, Charles 4795 Xikis, John 4797 Bramson, Ruthann 4799 Green, Jeffrey 4800 *Alternative rehef appears warranted Very truly yours, Stephen M Jones Director of Planning S/s Gerald G Newman Chief Planner GGN cc O\CCHORNYIZONINGIZONINGIWORI4NG\LD20001APR1SD4793 APR LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 6 I OO ■ (5 16) 853 6 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE NY I 1780-0099 TELECOPIER(5 16) 853 4044 /// ',' 00 \L\ /s�FFO� tt \,49,/ 44— it\.8o o � 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, to the Suffolk Cour ty PAY refers the following 1 ann,rxg Commission: XX Variance from the Zoning Code, Article XXIII Section 100-239 4A(1) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No 4794 Applicant Mark Lampl Location of Affected Land 910 The Strand, Pebble Beach Lot 127, East Marion County Tax Map Item No . . 1000- 30-2-81 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 Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments : Applicant is requesting permission to locAte inground swimmingpool at less than 100 feet from the top of the bluff Copies of Town file and related documents enclosed for your review. Dated . April 25, 2000 Page 2 -Apnl 19, 2000 ZBA Appl No 4794 - M Lampl Re 1000-30-2-81 (4) The action set forth below is the minimum necessary and adequate to enable applicant to enjoy the benefit of a swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community RESOLUTION On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to DENY the relief as applied for, and ALTERNATIVELY to GRANT variance relief authonzing construction of a pool whose seaward edge shall be no closer than 50 feet from the top of the Sound bluff, measured on a line drawn perpendicular from the center of the existing -- house-and decicsubject-to-he following CONDITIONS- - - - - - — -- ---- — 1 Any decking around the pool that is above grade shall count as part of the pool for purposes of measunng the setback, No physical connection to the house, 2 Drywell(s) shall be installed and no drainage of any sort shall be directed over the bluff VOTE OF THE BOARD AYES Members G•.-- ger airman), Dinizio d Tortora (Members Homing and Collins were abse r- This - : {•lution • : • :d• • 3-0) - ERARD P GOEHRIN R CHAIRMAN 4/20/00 RECEWED AND FILED BY TILE SOUTHOLD TOWN CLERK DATE `Ila'1°o HOUR I I L(6 , Town Clerk, Town of out:icid APPEALS BOARD MEMBERS ,i_itkstFFOL,f- /0,7 Co Southold Town Hall Gerard P Goehnnger, Chairman � "; 53095 Main Road James Din»io,Jr C = ; P O Box 1179 Lydia A Tortora •*► �� Southold,New York 11971 Lora S Collms •y `��1� ZBA Fax(516)765-9064 George Horning O1Jill �a0Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2000 Appl No 4794 - MARK LAMPL 1000-30-2-81 Location of Property 910 The Strand, Pebble Beach Lot 127, East Manon Date of Public Heanng Apnl 6, 2000 FINDINGS OF FACT PROPERTY-FACTS/DESCRIPTION -The-subject property-is-a 23,37 sssq-ft-waterfront parcel- -- located on The Strand Way in East Manon The property is improved with a 1 and 2-story frame house with side yards at 12 9 feet on each side, existing front yard at 68 2 feet, and setback from the rear deck to the top of bluff at 75+- feet (66+- feet at the closest point to the west over the adjoining parcel) BASIS OF APPEAL- Building Inspector's Notice of Disapproval dated January 25, 2000, denying an application for a permit to build an inground swimming pool because it will be setback less than 100 feet of the bluff as required by Code Section 100-239 4A(1) RELIEF REQUESTED Applicant requests a vanance authonzing a 20 x 40 swimming pool in a location 42 feet from the top of the bluff, measured on a line drawn perpendicular from the center of the existing house and deck At the heanng on Apnl 6th, applicant indicated that alternative relief would be acceptable REASONS FOR BOARD ACTION, DESCRIBED BELOW On the basis of testimony presented, matenals submitted-and personal inspection, the Board makes the following findings (1) The center of the existing deck on the rear of the house is 75 feet from the top of the bluff The slope of the land and the existing setback from the street make a pool in the front yard impractical Consequently, installation of a pool requires a setback vanance (2) Swmming pools in rear yards are not uncommon in the neighborhood, and construction of a conventional pool on applicant's property, unenclosed except for required fencing, will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties (3) A report from the Suffolk County Soil and Water Conservation District states that vegetation on the bluff is dense, and finds no problem with a pool located near the house as proposed Although the Board heard testimony from an area resident to the effect that pools on the Sound bluff are a threat to the community wellbeing, no evidence was introduced to indicate that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions ' ,,•iii.. APPEALS BOARD MEMBE] ,•I '`�FFO(,� co Southold Town Hall 53095 Main Road Gerard P Goehrmger, Chairman James Dmizio, Jr ti _ ; P O Box 1179 Lydia A Tortora - . T$ Southold, New York 11971 Lora S Collins y ����� rn ZBA Fax(516) 765-9064 George Homg _ �l * �� i� Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 21, 2000 J Kevin McLaughlin, Esq 44020 C R 48 -Winds Way PO Box 1210 Southold, NY 11971 Re Appl No 4794 -Variance Decision (Lampl) Dear Mr McLaughlin Enclosed please find a copy of the determination rendered by the Board of Appeals on Apnl 19, 2000 A copy has been forwarded to the Building Department regarding the pending application with their office The original was filed today with the Town Clerk for permanent recordkeeping Please be sure to follow-up with the Building Department regarding your pending application before commencing construction activities Very truly yours, Linda Kowalski, Clerk Enclosures Copies of Decisions 4/21 to Building Department U SOUTHOLD TOWN ' I \RD OF APPEALS -765-1809 Fax 765-9064 facsimile transmittal To / * , �J Fax ,[v /f i s From ZBA Office Date 02/e /00 41/ /,&:,0 Re�� Pages ,64-r,t 66'gafeA2 A-In 4r-g-,-/-0-6u- Q Update 0 For Review ❑ Please Comment 0 Please Reply 0 Please Recycl 7•�' COUNTY OF SUFFOLK +4 ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX (631)727-3160 (631)727-2315 D rE OWE APR — 5 2000 Gerhard P Goehnnger, Chairman _ Southold Town Board of Appeals P O Box 1179 53095 Main Road Southold, NY 11971 March 28, 2000 Dear Mr Goehnnger We have completed a site inspection at the Mark Lampl property known as Lot 127 of Pebble Beach Farms, The Strand, East Manon The front yard slopes towards the road Downspouts on the east side of the house exit onto the ground surface and flow towards the neighbor Behind the house the downspouts exit onto the ground surface under the deck and again flow toward the east neighbor The west side downspouts exit into the ground Slopes in the backyard are away from the bluff face to within about 10 to 15 feet from the bluff edge Near the edge, it slopes towards the bluff face The lawn is in poor condition at approximately 50 percent cover at this time The pool area was staked out Our measurements show the east corner to be 48' and the west corner to be 39' from the bluff top edge There were no measurements on the plan to line up with ours Vegetation on the bluff face was dense and included trees, shrubs, grasses and vines The trees and shrubs had been cut back The stairwell is in poor condition and the beach level deck has been destroyed There is a path leading to the stairwell that has grasses to either side but is worn down in the center due to foot traffic On the beach there are many glacial erratics One has slid out of the bluff face, which is approximately 20 to 25 feet across This has left a bare area on the bluff face, which has been supported with some wooden boards A footpath above this area appears to be channeling water and causing the beginning of a gully The bare area should be,planted to 'Cape' Amencan Beachgrass and the foot traffic averted RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 There does not appear to be any problems associated with the pool location Avoid pool water discharge over the bluff, as this will cause an erosion problem Cuttings of the trees and shrubs should be removed from the bluff face If you have any further questions, please feel free to contact us again Sincerel 14,1 a Paul TeNyenhuis 2 There does not appear to be any problems associated with the pool location Avoid pool water discharge over the bluff, as this will cause an erosion problem Cuttings of the trees and shrubs should be removed from the bluff face If you have any further questions, please feel free to contact us again Sincere) Pez-4,1 - Paul TeNyenhuis 2 e i,1 (611(:j Lampl's Application to the Zoning Board for a Variance to Southold's "100-foot Setback from Bluff' Code 114) I Noted the following from examining the file in the ZBA's office on March 31, 2000 1 Lampl's, through their pool contractor— Islandia Pools, Inc submitted an application to build a swimming pool at 910 The Strand to the Southold Building Department on January 11, 2000 a Application appears incomplete —applicant did not provide "Dimensions of entire new construction" b Application erroneously states proposed construction does not violate any zoning law, ordinance or regulation c Application states excess fill will be removed from premises Where will it be removed to? d Application does not indicate if lot will be regraded as a consequence of the pool being installed in Lempl's rear yard e Application states that the property is within 300 feet of a tidal wetland but no indication is provided as to whether or not a permit has been applied for from the Southold Town Trustees 2 The Building Department, on Jan 25, disapproved this application on the grounds that the proposed construction is within 100-ft of the bluffs top 3 Attorney J Kevin McLauglin is representing the Lempl's He submitted on Feb 18, an appeal to the town's Zoning Board of Appeals asking for a vanance to the Zoning Ordinance restncting construction within the 100-ft setback of bluffs a One reason for seeking relief given is the existence of other pools in the neighborhood being located within the 100-ft setback I think we all understand that another person's violation of the law does not give us the nght to also break the law This is especially true when no hardship is created by the conditions the law creates b Another reason for seeking relief is insufficient room in the rear yard area `,,, of the lot to provide a 100-ft setback Again, the Lempl's bought this property knowing full well that the back yard had limits to it One of those limits is the 100-foot setback from the top of the bluff in their backyard Now they are telling us they should be exempted from this 100-foot setback requirement because they did not contnbute to the lack of room Can that really be considered an argument to justify the lot owners being exempted from this very important restriction? c Another reason for seeking relief is that, since other pools in the neighborhood are situated closer than 100 feet from the bluffs top, an additional pool so situated will not have an adverse effect or impact on the physical or environmental conditions currently existing in the neighborhood If we continue this logic, why not eliminate the entire setback rule and allow homes as well as pools to be built on and below the bluffs edge Let's continue this absurdity and allow people to build Richard S Trowbndge, Ph D 1 of 3 President Pebble Beach Farms Lot Owners Association 4/6/00 cabanas on the beach below the bluff? We already have lot owners who have installed plumbing and electncity down the bluff and onto the beach d Although the applicant states that the alleged difficulty was not self- created, he states that the difficulty was created by the subject premises being built by previous owners in such a way as to leave insufficient room in their rear yard to accommodate a swimming pool I grant that the new owners are not at fault for the building being located where it is, but it is their fault that they bought the premises knowing its limitations and restrictions before they purchased it These restrictions and limitations were presented to them in the Covenants and Restnctions that were given and explained to them by their attorney before they closed on the property Now they would like us to believe that they deserve to be relieved of these restrictions and limitations because they did not have a part in creating the insufficient room Not only is the expectation for relief unreasonable, but the lack of logic and reason in the argument being presented to justify this unrealistic expectation does not deserve our attention And, if you allow this argument to be used to justify this vanance, other lot owners in Pebble Beach Farms will be expecting you to grant vanances for them to use the community's open spaces that were designed to allow this subdivision to be created 4 The file did not contain the return receipts from the certified-return-receipt- requested letters mailed to neighbors 5 The file did not contain a reply to the March 29th letter from the ZBA to J Kevin McLaughlin, Esq This letter a Requested measurements for setbacks from the top of the bluff be provided by a surveyor since the applicant (Islandia Pools representing Lempl) has indicated that the pool would be 42+-feet from the bluff line, but the distance of 11 feet from the house and the 20-foot width of pool makes it appear that the pool will be only 30 feet from bluff line b Asked that a corrected map be forwarded to the abutting landowners and to the landowner on the opposite side of The Strand — by certified, return receipt mail It is doubtful that such a corrected map could have been forwarded to the abutting landowners and to the landowner on the opposite side of The Strand in time that would be sufficient for them to have received it and to intelligently respond to it 6 No provisions are made for disposing of filter backwash Are they going to merely dump the matenal generated by back flushing the pool's filter onto the surface of the ground? 7 Where are the pool's chemicals and other materials associated with maintaining this pool going to be stored? Are the Lempls contemplating building another Richard S Trowbridge, Ph D 2 of 3 President Pebble Beach Farms Lot Owners Association 4/6/00 structure between the house and the top of the bluff to store the hazardous chemicals needed to maintain a pool? Where will the pool's pumps be located? Will they be placed in such a way that the noise they generate will not be a nuisance to the neighborhood? Like the Weber's application, I believe this application to install a pool also lacks sufficient justification to exempt it from the 100-foot setback requirement Like the Weber's application, I also believe that this application has a sufficient number of deficiencies in it to make it ineligible for approval Your continuing to grant vanances for building pools on the bluff will result in our having a pool on each of the thirty-three (33) lots along the bluff in Pebble Beach Farms within the foreseeable future It will not be long thereafter that the owners of these waterfront lots will be coming to you for variances to build decks, cabanas and sheds on top of the bluff and below the bluffs edge Indeed, I believe the Weber's onginally began the modification of their property with an application to build a very grand and elaborate staircase with attached decks down the entire face of the bluff Where will you draw the line and stop all this construction on these bluffs' I don't have to remind you that these bluffs are extremely fragile landforms that are absolutely essential for maintaining our community's welfare I think you know that you need to protect them You are the bluffs defenders and protectors In conclusion, I respectfully request you to refuse these two applications for a variance to Article XXIII, Section 100-239, 4(A)(1) in the Town of Southold's Code concerning building within 100 feet of bluffs The construction of all these pools on the bluff is jeopardizing the character of Pebble Beach Farms I've already told you that not one of the pools that currently exists on the bluffs edge is secured with a self-closing and locked gate Consequently, we have to conclude that these pools represent a very real threat to the health, safety and welfare of the residents living in Pebble Beach Farms Richard S Trowbridge, Ph D 3 of 3 President Pebble Beach Farms Lot Owners Association 4/6/00 l .:OUNTY OF SUFFOLK .t( °L1ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX (631)727-3160 (631)727-2315 APR - 52090 Gerhard P Goehringer, Chairman Southold Town Board of Appeals PO Box 1179 53095 Main Road Southold, NY 11971 March 28, 2000 Dear Mr Goehnnger We have completed a site inspection at the Mark Lampl property known as Lot 127 of Pebble Beach Farms, The Strand, East Marion The front yard slopes towards the road Downspouts on the east side of the house exit onto the ground surface and flow towards the neighbor Behind the house the downspouts exit onto the ground surface under the deck and again flow toward the east neighbor The west side downspouts exit into the ground Slopes in the backyard are away from the bluff face to within about 10 to 15 feet from the bluff edge Near the edge, it slopes towards the bluff face The lawn is in poor condition at approximately 50 percent cover at this time The pool area was staked out Our measurements show the east corner to be 48' and the west corner to be 39' from the bluff top edge There were no measurements on the plan to line up with ours Vegetation on the bluff face was dense and included trees, shrubs, grasses and vines The trees and shrubs had been cut back The stairwell is in poor condition and the beach level deck has been destroyed There is a path leading to the stairwell that has grasses to either side but is worn down in the center due to foot traffic On the beach there are many glacial erratics One has slid out of the bluff face, which is approximately 20 to 25 feet across This has left a bare area on the bluff face, which has been supported with some wooden boards A footpath above this area appears to be channeling water and causing the beginning of a gully The bare area should be planted to 'Cape' American Beachgrass and the foot traffic averted RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 There does not appear to be any problems associated with the pool location Avoid pool water discharge over the bluff, as this will cause an erosion problem Cuttings of the trees and shrubs should be removed from the bluff face If you have any further questions, please feel free to contact us again Sincere) Pa.1 a_16/1-2- Paul TeNyenhuis 2 MEMORANDUM TO ZBA Chairman and Board Members FROM Office Staff DATE April 3, 2000 SUBJ Estimated Pool Setback/Mark Lampl Attached is a letter received today from J Kevin McLaughlin, Esq with a full-scale map attached showing the approximate location at 42 ft from the pool to the center north bluff line To try and explain the shoe tei setback, the closest measurement given by the surveyor to the west was 66 4 ft to the existing building, less 11 feet, less 20 ft , leaving 38 to 35+- ft There appears to be a four ft difference between this setback and the applicant's 42 ft - measured at a different line measured to the center of the bluff Either measurement could, of course, be used for reference purposes at the discietion of the Board cc J Kevin McLaughlin, Esq Winds Way P 0 Box 1229 Southold, NY 11971 4 MEMORANDUM TO ZBA Chairman and Board Members FROM Office Staff DATE April 3, 2000 SUBJ Corrected Map Received Today/Mark Lampl Attached is a letter received today from J Kevin McLaughlin, Esq with a full-scale map attached showing the approximate location at 42 ft from the pool to the center north bluff line To try and explain the 30+- ft setback, the closest measurement given by the surveyor to the west was 66 4 ft to the existing building, less 11 feet, less 20 ft , leaving 31 4+- feet There appears to be about four ft difference between the 42 ft measured to the center of the bluff, as compared to the surveyor's closest point to the west Either measurement could, of course, be used for reference purposes cc J Kevin McLaughlin, Esq ' FCF affimmevaLeara WudelVaggWommudeitthm 4402044020eXt.48,5'.6.53ax1210 Snd,.N«a9`awA11971 3d. a.(631)765-6085 gaer.Na (631)765-1856 April 3, 2000 Board of Appeals Town of Southold Southold Town Hall 53095 Main Road Southold, NY 11971 Re Appl No. 4794 - Mark Lampl Pool Project Gentlemen I have enclosed the Affidavit of Mailing with four (4) Receipts for Certified Mail , along with the Affidavit of Sign Posting in the above-referenced matter, which is scheduled for a public hearing on Thursday, April 6, 2000, at 7 15 p m In response to your letter to me dated March 27 , 2000, I have enclosed a full size copy of the survey showing the location of the proposed swimming pool as 11 feet from the bottom of the deck stairs The pool will be 20 feet in width, leaving approximately 42 feet to the top of the bluff The location of the pool has been staked and I have personally visited the property and paced off the distance from the pool to the top of the meandering bluff line This distance appears to be approximately 42 feet to the top of the wood and brick stairs at the top of the bluff Frankly, I do not understand your reference to an approximate 30 foot setback from the top of the bluff Please advise me if I can provide any furthe •o• umentation in this matter Very rul your / Af J 14L`• La w Encs frim-? -e -- x"' r>_ . els!' co t (trT) • s C r D s f • AUX LAP. . ! rO MOS 1 q ?s i/1 8e O�r1a4 ae�1w a lAty[s MI.. 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"US1 — • p me' m m _ m N -S _ r—_ m N r m •e" APPEALS APPEALS BOARD MEMBERS i u�FF0 ��.° $ SCC Southold Town Hall • Gerard P Goehrmger, Chairman %'_� Gyp 53095 Main Road James Dmizio,Jr y - ; P O Box 1179 Lydia A Tortora ,i Southold, New York 11971 Lora S Collins y � �� ZBA Fax(516) 765-9064 George Horning =j01 * **Os.. Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 27, 2000 J Kevin McLaughlin, Esq 44020-C Wmdsway P 0 Box 1210 Southold, NY 11971 Re Appl No 4794 -Mark Lampl Pool Project Dear Mr McLaughlin This is dust a follow-up letter as a reminder that measurements for setbacks from the top of the bluff by a surveyor have been requested by our office staff The applicant has indicated the pool would be 42+- ft from the bluff line, however, when you consider the distance of 11 ft from the house and 20 ft dimension of the pool, the remaining setback appears to be 30 feet Until a corrected map has been filed, the application will remain incomplete It is also requested that a copy of the corrected map be forwarded when notifying the abutting landowners and landowner opposite this site on the south side of The Strand by certified mail, return receipt requested Thank you Very truly yours, GERARD P GOEHRINGER CHAIRMAN I P UI '43/x%t 1 'E13131,1f: BEACH 1, O / r7 FILE No 6266 FILED JUI+r 11 /// s'0 G �' -) çii ,' SI7UATF17 Al / EAST MARION d , / ij( TOWN OF SCSI W IOL �,��� j/ '� SUFFOLK COUNT'r , r1EW 0 \ / 4, // S C TAX No 1000- 30—` .w+o.. / 0 �v� SCALE 1'=?0 `s �`y�' OCTOBER 8 o�v i h Z pe ra S- 0. E- ,� ► AREA = 23 375 1E, - 1 (1 1 ss )1, .,S y --t. (in 1 ir,L 20 3J cv- / H1 o�! EP 3 4- ;, \X ',�.. \ Ai- 4- , ' .111/4„,,, liff 0 ,_ A Oc ,„, f "''� .0 ,,, ,__. 0 ., , © 1 IlIllhiI!It LE' <0�11-1 111? f .41 I;rill/ 11)1 cii&c, ,,s ' IS-J4' s ,\ \� f`- \ i s`Q'' o-f '� 'T --r o rte- 4 cl ,, A ) ,. - \ 'a ,.<< 4 t• , -1 r Y .• r \ r� 0 G APPEALS BOARD MEMBER ���/0,,, O(,1► � ��0 CO ; '� Southold Town Hall Gerard P Goehrmger, Chairman ��I�� y 53095 Main Road James Dm�o Jr ; P O Box 1179 Lydia A Tortora : 0- •x i Southold,New York 11971 Lora S Collins 0 ����, ZBA Fax(516)765-9064 George Homing = l * %to Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 15, 2000 Suffolk County Soil &Water Conservation District County Center, Room N-210 Riverhead, NY 11901-2100 Re Projects in Areas Adjacent to LI Sound -Weber, Lampl, Melamud, Bnenza - Gentlemen We have received the above applications requesting vanances for new construction, proposed in areas adjacent to the L I Sound bluff or bank, Town of Southold Copies of each project sketch are attached together with the County Tax Map of the area The construction proposed for each project is noted below Lampl swimmingpool at 65+-ft from bluff Weber swimmingpool at 63+-ft from bluff Bnenza dwelling at 104' to mean high water/LI Sound Melamud swimming pool in a side yard adjacent to the LI Sound Would you please provide evaluations relative to the proposed construction activities, identifying existing soil conditions and providing suggestions to reduce any possible affect on adjacent soil and water areas The public hearings will be held April 6th, however, if more time is necessary, please let us know and we will ask the applicants for an extension to keep the record open, pending receipt of your evaluations Thank you Yours very truly, GERARD P GOEHRINGER Enclosures CHAIRMAN ELIZABETH A NEVILLE ���hyV•' fe �Gy•; Town Hall, 53095 Main Road TOWN CLERK `� o= " % P 0 Box 1179 t c/, 2 , Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ;0 �'�iFax (516) 766-1823 MARRIAGE OFFICER `1,� a%�,'�� Telephone (516) 765-1800 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 February 18, 2000 RE. Zoning Appeal No 4794 - Mark & Patricia Lampl i Transmitted herewith is Zoning Board Of Appeals Application #4794 - Mark & Patricia Lampl. Also included are Z.B A Questionnaire, Notice of Disapproval, Application for Building Permit, copies of Survey, copy of Plans, Letter of Non-Jurisdiction and Letter of Authorization Nevin attannesi.Qt.L'uaa Wattle way.Ao feesaanat Cadet 44020('`It 48,S°6 Aim 1210 Southold,.Areas 9Jtii .11971 Jd.Na.(631) 765-6085 gax Na (631)765-1856 February 18, 2000 Southold Town Board of Appeals Southold Town Hall 53075 Main Road Southold, New York 11971 Re Appeal of Mark & Patricia Lampl Premises. 910 The Strand, East Marion, NY (SCTM #1000- 30-2-8) Dear Members of the Board I have enclosed the variance application, authorization of owners , questionnaire, ethics form, Notice of Disapproval , copies of surveys, Letter of Non-Jurisdiction from DEC, Application for Building Permit, pool specifications and my check for the filing fee herein Please schedule this matter for the April 6, 201+I public hearing AIP, ou JgrA , .41 p a "ri in Encs Hand Delivered 02/04/2000 17 10 1516---1419 I3LANDI- PDC - LTD PA3E 03 Doc-31-99 02.O3D I r1r_ia Ryan lample _ — - _ — _ _- _ — - P 01 New York State Department of Environmental Conservation Omission of Environmattei Permits Rm 219, 8uddlna 40-SUNY Stony Brook New York 11790-2355 Telephone 1831!444-03100 Faceirnale (631) 444-0360 4olti P Cabal Corrammolvn.r LETT3R OF NQ -1VRI DICTIQW December 28, 1999 Patricia and Mark Lampl 4 St. John Place Port Washington, NY 11050 Re: Lampl property 910 The Strand 1 East Marion, NY DECD 1-4738-02509/00001 Dear Mr. ane Mrs Lampl. Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the topographic crest of the bluff in excess of 10 ' elevation, as shown on the survey prepared by jaw= Iagegng dated ggt2kr _a, 1299 last ravigqci November Z 1999, is beyond the jurisdiction of Article 25 (Tidal Wetlands) . Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (SNYCRR Part 661) no permit is required under the Tidal Wetlands Act Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i e. a 15 ' to 20' wide construction area) or erecting a temporary fence, barrier, or hay pale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies, including, but not limited to, Coastal Lrosion permits which are regulated b , t town of Southold eery tru' �s, L r ' �� 14g;Nlanc--- Permit Administrator 02/07/2000 12 22 5167651856 KEVIN MCLAUG-LIN PAGE 02 ,Fns The undersigned,being all of the owners of certain premises,hereby authorize J Kevin McLaughlin,as their attorney and agent,to file for and pursue a variance to allow the construction of an in-ground swimming pool within one hundred(100)feet from the top of the bluff at premises commonly known as 910 The Strand,East Marson,New York (SCTM#1000-030 00-02 00-081 000 pursuant to certain plans filed with the Southold Town Building Department,which issued its Notice of Disapproval dated January 25, 2000 Dated February7,2000 Marls L L 'attics R Lampl QUF. $IONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individlta 1 s (and entities) having a financial interest in the subject' premises and a description of their interests: (Separate sheet may be attached. ) Mark L. Lampl Patricia R. Lampl B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes ( X } 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 contAln wetland grasses? No 2. Are the wetland areas shown on the map submitted witn this application? N/A 3 Is the property bulkheaaed between the wetlands area and the upland building area? No 4. If your property contains wetlands or pond areas , nave you contacted the Office of the Town Trustees for its determination 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? No (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey asap that you are submitting? NO If none exist, please state "none." G. Do you have any construction taking place at this time concerning Your premises? No If yes, please submit a copy of your building permit and mp as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcelone-fami , ' ellen• with an attached wood deck and propos_., -0 ..:d .. . o. i,f an.7.n-around swimming pool I. / 1 Au t, _ �, _ ,. r and. Thistle J. in McLaughlin, as attorney and agent 3/8 , 10/901k The Town or aouthold ' s Code of Ethics prohibits conflicts of Interest on the part of town officers and emoloL►ees. The •ur•ose of this form is to .rovide info . •n vh h can alert the town of pose ble confl cts of nterest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Lampl, Mark L. Lampl, Patricia R. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person ' s or company' s name. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance x Change of zone Approval of plat Exemption from plat or official map Other ( If "Other , " name the activity . ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES No X If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided The town officer or employee or his or her spouse, sibling, parent , or child is (check all that apply) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) ] B ) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation) ; C) an officer, director , partner, or employee of the applicant; or D) the actual applicant . DESCRIPTION OF RELATIONSHIP Submitted thi = ,.. •'ay of,�_- • 0- ifs• 2000 • Al Signatur= ; ,/ , _ • l�J _ Print name J. 7- n McLaughlin Vs attorney and ag- for 'Pill' . rat . • -. Lamp' , 'ea/ PZ FOR BOARD AND STAFF USE 1717 C Updated New Information 3* /5L k/1? foci,- ,`�.J� ,�. �'` f 4 ') ty4 .aim hJ ,, ) CA a ' / � ,O 4 ,,,,, l D fE © o, OWE n BNOT1 CE LICIIE RIN - MAR 2 4 1 - PLJBz.IC� G3�;, ,_ , ounioLD �3 ^� >�RD oFAPP1 STATE OF NEW YORK) s^ ,'A1�-'ARRIL 6, SS _pursuant t6 Section 267 of the Town COUNTY OF]aU FFJO Law and aiapterl00(Zonmg),Code JQ QJ\ 1" (A)( I 1 (5 of Mattituek, in said of uappliCa cikwil"thoia:the f r pu county, being duly sworn, says that he/she is mg applrcatxLnsi,�v{ll be Held for` pub: .hen , the SO_ttrHOW Principal clerk of THE SUFFOLK TIMES, a weekly , T'pV ,$oA oF'Arri:Als at newspaper, published at Mattituck, in the Town of Y Soouth d",rhe v; ,�1 7i. QC Southold, County of Suffolk and State of New York, t-THURSDAY, f�IL 2000 c ttie and that the Notice of which the annexed is a printed rimes noted he 615 p m A -Nos4798.=*JOHN copy, has been regularly published in said Newspaper -pet,i r• xil,wAisiggfus•n-a once each week for request •fora Spectal,Fxctr601,toN wee. = sUCCBS- establish Accessory":Bed, and SIV I , comme ing on the ��[e' day mwith Breakfast use 'conjunction Of 1 20 $if owners'residence as provided alJU tinder / Article It, Section 100-30B(14) of the nmg„pride Location of ' r 1 1 2 PropCrt p:-930'°`Qlec'•Jule Labe, Z.Mattitud(;`.�I'Y;County Tax Map • ncipal Clerk ParcelS0oo;u4d2-13.1-...,,,. —'.,... -,- 620 },pin ppl-'alicesNo'4793 r—� Sworn to before me this ii'li0 ' Vikiti Thrs'LI Al (33 ,-,,,,questf,?,„. 1 1 244aink/nide, day of 19,t-r( 20 00 .� rAfoi- X11 X14 1 AW ERYOlt .111`I s•• t::.§.,....:!,,,,.. �:•-:_I.�I,�r `frya��r�ry'�Zld,1; j345544554 .aI a11. •1•.1. 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ICI: l f: v ISV1 T ir:ri �+t� k / �,, •,h} .' `y. 13i`L'- n•.; •t i .. 1 �' •1 sem,, a '-:.^rr -_•. ; ..k r_,i,c ., r �.i ,--,✓fir ��"Sr`�.. __.,-.: "V:-14-'1:,- ,.,.'2-;-4'.- 'r ` 2"'r;s ��'1 <i � c 7 �` s � }��Ct ,, ^^t � s' ✓� ;k i'C `v u .-• d'...'„ o-.,�Y' C'.; �d' t `4 -,-.?y611tt,� .'^-1 •.r.4d ,c- _---;6, yx._._..7..,.--------" kyr,-ti 2 3.L. �,-- P:" s I y 740 p m Appl No 4799rLEGALS••• ASTRID'CADDIS, ?Applicantre1 SFPrevious page _, quests.Variances- under-Altle• ia Williamsburg ODnve, Southold, Y, '' XXIII, Section 100-239 4B`and Parcel No 10Q0-78-5-10 NArticle XJ IV Section 100-242A, 7 15 p m _Appl No 4794 — •• based upon the,.Buildwg inspector's MARK LAMPL This is a request for February, 1,,'`2000�r,.Notice r of a Variance,.under Article-'XXIII, . Disapprogal aid an,iini,,, t'ibn for a Section 110-239 4A(1), based upon ; buildmgi'te to i to rlo''c'a`tteprilks'ed 1 the Bmldmg,Departments January dwelling'�a�`4dition e r 25,2000'4Votice of\Disapproval and addition '7 beless t ant?Seel troi`n an,appheation�for,a btuldmjpermit ;,the h gii ` to locate a proposed swdntnmg pool That at less than the existing 66±ft.non- i, �Elp4i'.the u� n of/P'9 perm.. ch ffor gIg se Sound from the bluff of 702QAteat^ ti e pbe rty'; Long (Section 100- F Lauf 4 �"areal' 239 4A of The Zoning Code ov clea t � � �0,1���6-1�� �:;r'rc� _ for a minimum setback'landward of .'7,50`p m FA..k, 796-,RON - existing principal dwelbng,'or irmm-' ,an4 JSAIY i MJD This.is a MUM of 100 feet'from the top of the ueat' or liiyVarianceiunder Article ' bluff)Location of property,Lot 127 a bre400-33, based upon the i" on the Map of Pebble Beach, also I-Bui inDe known as 910 S g parli)isaps-Fbruary an The trand,Way,East %{211W N ^d'f p_isaPproval alta an ` Manon,'NY,County Tax Map Parcel C i :.:•.lice f :: 1. g-pennit'to 1000 30 -sr , ..:to ..., ., + :.m 7 30 ,P m Appl-No 14803_ ai tnttmg ...1. 'd'r.= 'i1`'"m �r'��.'� JAMES`MESKOURIS&ols Thu u 1-cthan . i-...red` •' - a request for Rehef.from Condition No 2 of�A�„ppl No 3951 and Appl l No Int 0,.,: .' `` " •.• "`�.c -3957 tohailow-aipro sed,roof With' _ :1;ait4jii,Y. 1ts eCanoRy'struceurq over,existing deck Appl, of r' The•prior'Condition:I-elating-to vthe, kB ON.> T ', existing Z,dee` ,wefe --based-ton's , , , t VanancEs ander Article;=XXIII, request fora Variance and ieAmcle t SeoUon'1.00-239 4A(1)'andi'Artx1e' 1 = �• tpn 10239 4B,based on I'JtHI\:Staion 100-244;fora reduced a int g, PA entt's''Febr ars setback from"the fort of,the sound .2000-Notice of�D�sa)lproval and blaffand for lot coverake exceeding an application-fo'a 5uilding<permit x20°16'•Ibe'=Budding t>t_partment's to locate- a-proposed'addition to fi Soak,�D isltptroyal;fated January' , existing dwelling The proposed adfli- tion will be less/Ilan 75jeel'6ron1 the $pie?ti,1etl_ti 8,2000 q b khead' ' p rty l 4for 1300 'Souh2f r- iV - 1. #1-ocation' of r Pro e t'Mathtuck,NY,Parce11000-106-9-37 X12402 MaiiiIltpa�,F > MarWniiM; 730 P m Appl a No '48 7 ParzeNQ00-,31-144 t i`.'v., t`- ti,CHRIS,MFSKODI�I§YekArs- h&is'`,1 sB oft4P��villGat the f-a reqs' ord ierAoin Conditl'dn' above time and lace hear till persiins ]Vo 2 of it 3g ria or t}ie>i representative d'esirui'g to be 3957,�to*llow,a� ' heard'or'or--td,' -w>�tten = , Proposed roof_with; .staite- " -Canopy tnicture over ealistirig'deck ments(before`the hea1ibtg is con.lud-' �le3pr CortdidoJis'`relatpg to the ' - ' ,hWi 10,191,14d eiiste, L axishng 4.dcelc.S.were,�based-.gm te.-., t-- ,- t;rea Ie r.. Vanancres�iinder ArndeXXIII,_ 1 for • • d ring a`Sro a Sedlon 00.'239 4A r 3) `and bi ne>l .oiii s; 8 4 p fnJ' i ( Article\ 800-24 rtfor xceducedr Date¢iviayrc�i�l ,,,,,, .. r ,' =; b ` , �tl1e trip of,�he sound L -,t �� <By Order�of the �� i Sq t#igld Town,, 2096 Th oI)IA ngip par�fi}e4 , " K`Y �' d'ob _ppeals T4;.53095•Main Road O �at 1 I _ _Southold,DIY 11971-0959 ' ooppeeir ,NY; -1240-;1 +s \' -- tri ,'(,63,1)°765-1809 ,� Soun��Beach 1�tatiltuck, � � � �• /Parcel N9'1000 106,;1 36 1290 1TM23 r ,4 r - aflame Qt 'Lara Wutde Wad 9'ta feeewnal Centeti 440200 9tt.48,9'B 33=1210 Southold,.New 4/ox&11971 gd..N(,(631)765-6085 .Ka.(631)765-1856 April 6 , 2000 Southold Town Board of Appeals Southold Town Hall 53095 Main Road P 0 Box 1179 Southold, New York 11971 Re Appl No 4794 - Mark Lampl Pool Project Gentlemen As set forth in my Affidavit of Mailings the Legal Notice and a copy of the survey were duly served on the four adjoining properties As of this date, I have received only one Return Receipt from Bill K & Anthanasia Kartsonis , which is enclosed herewith I also received back unclaimed the certified letter sent to Edmund L. & Joan Marie Cortez I have not received anything in writing regarding either Barbara Flynn or The Strand Corp , c/o Joseph Siena Upon receipt of these return receipts , I will forward same to you I did receive a telephone call approximately 7-10 days ago from Joseph Siena, and discussed with him the nature of this application He did not indicate any opposition to this application during our conversation. Very tr : y our : I A ?•4Au1 gl Encs. Hand Delivered j I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD NEW YORK - —x In the Matter of the Application of Mark L. Lampl & Patricia R. Lampl AFFIDAVIT OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 030.00- 02.00- 081.000 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, J. KEVIN MCLAUGHLIN residing at 680 Old Orchard Lane, East Marion , New York, being duly sworn, depose and say that On the 15th day of March , 2000, I personally placed the Town's official Poster, with the date of heanng and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or nght-of-way (dnveway entrance) -facing the street or facing each street or nght-of-way entrance,* and that I hereby confirm that the Poster has remained 61- - f% =n day: prior to the date of the subject heanng date whi ; h -� n% d- - / • h. o be ir April 6, 2000 at 7:15 p.m. • 1, _. Sworn to before me this 3''6' day of Apr I , 2000 MARY PUBLIC,State of Nesettlfk (Notary Public) No.01806020932 Ouetified in Suffolk 'farm Expires March 13,C°24jOnt *near the entrance or dnveway entrance of my property, as the area most visible to passersby ZONING BOARD OF APPEALS TOWN OF SOUTHOLD NEW YORK --- ---- ----- -- ---x In the Matter of the Application of Mark L. Lampl & Patricia R. Lampl AFFIDAVIT OF (Name of Applicants) MAILINGS CTM Parcel #1000- 030.00-02.00 -081.000 — x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, J. KEVIN MCLAUGHLIN residing at 680 Old Orchard Lane, East Marion , New York, being duly sworn, depose and say that On the 15th day of March , 2000, 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 venfied from the official records on file with the (x) Assessors, or ( ) County Real Property Office A . , for every property which abuts and is across a public •. p ate : . ar right-of- way of record, surrounding the applicant's • op:, • A., Air J. ,!� . , , re Sworn to before me this 3"°`day of Apr\ , '0 0 0 4 1. - V cfrze.__ 7ary Public) SOWN plYND�A � CS o1Nar VOuslihed806020932 PLEASE list, on the back of this Affidavit orro a sae aper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you i S 1000-030.00-02.00-065.000 The Strand Corp., c/o Joseph Siena, 301 e. 87th Street, Apt. 15A, New York, NY 10128 1000-030.00-02.00-078.000 Bill K. & Athanasia Kartsonis, 42-21 Broadway, Astoria, New York 11103 1000-030.00-02.00-079.000 Edmund L. & Joan Marie Cortez, 14 Searington Avenue, Albertson, NY 11507 1000-030.00-02.00-080.000 Barbara Flynn, 182 St. Marks Avenue,Apt. #1, Brooklyn, New York 11238 r,,;,7� ai 1 'V3 etc i ��- Ir! ,' ryl 4" ,7r"'-‘11 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 6, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 6, 2000 at the time noted below (or as soon thereafter is possible) 7 15 p m Appl No 4794 - MARK LAMPL This is a request for a Variance under Article XXIII, Section 100- 239 4A(1), based upon the Building Departments January 25, 2000 Notice of Disapproval and an application for a building permit to locate a proposed swimming pool at less than the existing 66+- ft nonconforming setback from the bluff of the Long Island Sound (Section 100-239 4A of the Zoning Code provides for a minimum setback landward of existing pnncipal dwelling, or a minimum of 100 feet from the top of the bluff) Location of Property Lot 127 on the Map of Pebble Beach, also known as 910 The Strand Way, East Marion, NY, County Tax Map Parcel 1000-308-1. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded) The heanng 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 (631) 765-1809 Dated March 10, 2000 GERARD P GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 MARK LAMPL VARIANCE APPL. #4794 910 THE STRAND PARCEL 1000-30 - 1 - 8 PROPOSED POOL SETBACK from TOP of SLUFF THURS . APRIL 6 , 2000 7 : 15 PM OFFICE OF _ ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631)765-1809 Fax 765-9064 March 10, 2000 Re Chapter 58—Public Notice Requirement Dear Applicant(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 date must now be mailed with a map or property sketch showing the new location of the area being considered Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the project 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 By Fnday, please complete your Affidavit of Mailing with parcel numbers noted for each, (copy enclosed) and return it to us, with the receipts postmarked by the post office Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us If any signature card is not returned, please advise the Board at the hearing A sign is also necessary for posting at the property by you not later than Thursday, 3/28/00, and therefore must be picked up by you or your representative before 3/23 on business days from 8 to 4 p m The sign must be located on the property no more than 10 feet from the front property line bordenng the street (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one) The sign(s) must remain in place for at least seven (7) days, and if possible, remaining until the day of the hearing After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file When convenient for you, please also return the sign to us If you do not meet the deadlines stated in this letter, please contact us promptly It may be necessary to cancel your heanng if the required steps are not followed Thank you for your cooperation Very truly yours, ZBA Office Enclosures Southold Town Board of Appeals -31 - November 18 , 1987 Special Meeting �/� (f}n'2 ,L) * * * Tie/off /it/ 4/4,6/./66,4./-/e - DELIBERATIONS/DECISION /4-i6/./66,4./-/e DELIBERATIONS/DECISION Appeal No 3673 Application of NICK MIHALIOS for a Variance to the Zoning Ordi - nance , Article XI , Section 100-119 2 for permission to locate inground swimmingpool , decks and fence enclosure with an insufficient setback from the top of bluff along the Long Island Sound Location of Property North Side of The strand , Lot #124 , Map of Pee . - ! - . h Farms , East Marion , NY , County Tax Map Parcel No. 1000 -30-2-74 The Board deliberated and took the following action WHEREAS , a public hearing was held and concluded on November 10 , 1987 in the Matter of the Application of NICK MIHALIOS under Appl No . 3673 , and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded , and WHEREAS , the Board has carefully considered all testimony and documentation submitted concerning this application , and WHEREAS , the Board Members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas , and WHEREAS , the Board made the following findings of fact . 1 The premises in question is known and referred to as Lot #124 as shown on the Map of Pebble Beach Farms Inc . , No 2 , and designated on the Suffolk County Tax Maps as District 1000 , Section 30 , Block 2 , Lot 74. 2 The subject premises contains a total lot area of . 635 acre (s ) and is improved with a single-family dwelling set back as shown by survey prepared by Young and Young dated May 2 , 1987 48 9 feet at its closest point from the front property line along The Strand and 80 feet at its closest point from the average line of bluff The sideyards are presently 10 feet at the east side and 20 feet from the foundation line at the west side (although 7 . 5 feet at the west side from the carport addition ) 3 By this application , appellant appeals from a Notice of Disapproval from the Building Inspector issued August 26 , 1987 7f/Ci Co/71,6519/ 1-00 c-) 1%/ 9,e Southold Town Boar )f Appeals -32- November 1987 Special Meeting (Appl No . 3673 - MTKAtTOS decision , continued ) for permission to locate inground swimmingpool with deck and fence enclosure as sketched on the May 2 , 1987 survey The pool is proposed with a setback at not less than 80 feet from the average line of bluff , and approximately 7i feet from the west side property line The fence enclosure is proposed at 75 feet from the average line of bluff and three or more feet from the west side property line 4 Article XI , Section 100- 119 2 , subparagraph A[1 ] of the Zoning Code requires all buildings proposed on lots adjacent to the Long Island Sound to be set back not less than one-hundred ( 100 ) feet from the top of the bluff 5 It is noted that sections of the lot have been filled , and the rearyard area currently slopes toward the bluff Along the western side of the property and onto the adjoining lot , there is a low area (or drainage way ) which also slopes toward the bluff The bluff face is well vegetated with woody vegeta- tion , mostly of Bayberry , and appears stabile It is the opinion of this Board that actions are necessary to reduce any possibilities of concentrated water flows from flowing down the bluff face , such as grading the rearyard area away from the bluff Constructing the swimmingpool at an elevation sub- stantially lower than the top of the bluff and installing gutters , downspouts and drywells for roof runoff will also alleviate potential problems 6 In considering this appeal , the Board also finds and determines that by locating the proposed construction as further noted below (a ) the variance will be minimal and will not be substantial in relation to the zoning requirement , being a variance 15 feet , or 15% , (b ) there will be no substantial change in the character of the area since relief has been granted for similar bluff areas/properties along the Long Island Sound , (c ) the circumstances of the property are unique , (d ) the practical difficulties claimed are sufficient to warrant the relief as alternatively granted , (e ) there is no other method feasible for appellant to pursue other than a variance , (f) in view of all the above factors , the interests of justice will be served . Accordingly , on motion by Mr . Goehringer , seconded by Mr Sawicki , it was A/E/6/7/.6Oz.4i.7,7 A j?/ ) Southold Town Board of Appeals -33- November 18 , 1987 Special Meeting (Appl No . 3673 - MIHALIOS decision , continued . ) RESOLVED , to GRANT the following alternative relief in the Matter of the Application of NICK MIHALIOS under Appeal No 3673 , and SUBJECT TO THE FOLLOWING CONDITIONS . _ _ 1 That the pool be located nqcloser than 85 feet to ______,;) the top of bl uff _nd not be linked d'rectly to the house , - 2 That there be o excavation or disturbance of land within 80 of the ave ge line of bluff; 3 T-#at—t e pool be located not closer than seven feet and the deck not closer than three feet to the west side property line , 4. That the east sideyard area remain open and unob- structed the full width of ten feet at all times ( including bushes , trees , etc ) , 5. That drywell (s ) be installed , and leaders and gutters be piped (for proper drainage into the drywells ) , 6 That no surface water or other discharges flow over top of bluff , and the rearyard be regraded toward the house 7 No lighting which may be adverse to neighboring properties , Vote of the Board : Ayes : Messrs Goehringer , Grigonis , Douglass and Sawicki (Member Doyen of Fishers Island was absent ) This resolution was duly adopted . _ * * * // ,/, -sr.,,„tiQ SURVEY OF 9 SIX / / 6• 044 o�� AO•/, // `S9S 4�� r LOT 127 __ e- \P.' k // /�����, "se �o� MAP OF s , PEBBLE BEACH FARMS e %�/// � Si 5;*/ FILE No. 6266 FILED JUNE 11, 1975 ti� the///7 -0'� ��� , le( /1 F SITUATED AT �'/ /i, �� J� iii��� •Q�, ���, EAST MARION ?, // // �Q 0��0� �� 4.i�s� o co��o��� TOWN OF SOUTHOLD �' // �� ii��i� ti*/ ti �Pti: � SUFFOLK COUNTY, NEW YORK // / ' �N'• �\NJ '0,4) S.C. TAX No. 1000-30-02-81 <--, '� POODFORM �jp �v% ��° SCALE 1 ":=20' 4' s' 4�a., OCTOBER 8, 1999 6 / ON"e0 ., ' '� / � *� AREA'. 23,375.16,sq. ft. � j' 7� (To TIE LINE)' 0.537 C1C. 6l..)',..p Z lin to'I it N 404:, 6 ww,i / J 4 y •• /� 3,) . .,„-0 44 i / En $ 0. 09� - 4 "°% 4111 1- til . T3 41° ' s t S , * �9. \ c` 9 60 ss4 Bo1 �e' DO .4,1> yGc ATED AT ... Cb . • itiJfl )e 1.?s, el, •Z.O �o ,j!ry ^00 �� / tet',5'• 1:1r,,,1,(v .):,'100:04110, . \ N: ► VI ••Oh• 06 0' y y4 • •C G� V` CERTIFIED T0: .(0):*" O .. ' MARK LAMPL ,'6 /DAS �.f A R D ►: \ G` , ,Q Pt+�T. V . F� \ A Q, PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABUSHED • - • BY THE LIALS. AND APPROVED AND ADOPTED I'. . D FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. D ► • • / f (6 • JjJ,f/, ► w ► .:D / l \• • 11 ► ,i `` -�1.2'.--•;.; %i N.Y.S. Lic. No. 49668 .��, Q�/ P���. Q D ��• UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF • + SECTION 7209 OF THE NEW YORK STATE :D ',� Joseph �■ � � �� EDUCATION LAW. COPIES OF SURVEY MAP NOT BEARING P • Land Survor THE LAND SURVEYOR'S EYOR'S INKED SEAL ► EMBOSSED SEAL SHAH NOT BE CONSIDERED TO BE A VAUD TRUE COPY. D .' ► •' • CERTIFICATIONS INDICATED HEREON SHALL RUN 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 AND • .• -` LENDING 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 THE EXISTENCE OF RIGHTS OF WAY One Union Square P.O. Box 1931 AND/OR EASEMENTS OF RECORD, IF Aquebogue, New York 11931 Riverhead, New York 11901 ANY, NOT SHOWN ARE NOT GUARANTEED. 99-622