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HomeMy WebLinkAbout4780 V` 44lig? 4)W 4 A)//. 6//1/97 afar- irteC. $� n 3 c,NST1e4c7 /71iii/ %/o,j 7 `"Y/S-7).4.)6 tS,NGLC Ly 4JcLL , vG - Fee An- /q,ebtaw S's t4flce # 4/720 P/V. a�e/on -7', �% N J am e4 ie. gcee5.50Ay Ain ,,, / /9' $/DE %dE/ts� ,Coc 9-7ic9n/- ,4/°AMQaVSt /yL7. L c/4-1-16'"/ 9 BV Aff'L/cRnv7 5/vo/06 r APPEP LS BOARD MEMBERS rr�1 SOfFO(,� Southold Town Hall s 1rrri, C�*4`; 53095 Main Road Gerard P. Goehringer, Chairman t = % p.0. Box 1179 James Dinizio, Jr. co, T Southold, New York 11971 Lydia A. Tortora VS% 'F�� ZBA Fax (631) 765-9064 Lora S. Collins ';'1j0j ',rir Telephone (631) 765-1809 George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4780 - LAWRENCE PEARLSTEIN 1000-54-4-23 STREET & LOCALITY: 2225 North Sea Drive, Southold DATE OF PUBLIC HEARING: March 2, 2000; April 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is a waterfront lot known as 2225 North Sea Drive, Southold, with 100. ft. sound frontage and lot depth of 210 feet. The lot is improved with a single-family dwelling situated 20 feet from the westerly side line and 41 feet from the front property line along North Sea Drive, as shown on the February 15, 1996 amended survey prepared by Roderick VanTuyl, L.S. BASIS OF APPEAL: Article III, Section 100-33 and the Building Inspector's Notice of Disapproval dated November 26, 1999 regarding applicant's request for a building permit for an "as built" accessory storage shed in a side yard rather than a rear or front yard of this waterfront lot. RELIEF REQUESTED: Applicants are requesting approval of the existing side yard location for an accessory storage shed 8' x 12' in size with a 9 ft. side setback and 63+- feet from the front property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Applicant stated that the shed was placed after consulting with the Building Department about code requirements, and that it was the owners' understanding from an early conversation that a shed under 100 sq. ft. could be placed any where on his property without a building permit. (2) The benefit sought by the applicant cannot be achieved by locating the shed in a different location. The shed exists in a location 63 feet from the front property line, which is a greater setback from the front property line than the dwelling (which is 40 feet from the front property line). To relocate the shed in any other location would require additional reviews and possible variances from the State and local environmental agencies, or disturbance to dune areas of this waterfront community. (3) The requested area variance is not substantial. (4) In considering this application, the Board deems the grant of the variance for a small accessory shed in its present location to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. .. Page 2 — May 10, 2000 . Re: 1000-54-4-23 (Pearlstein) Southold Town Board of Appeals RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, TO GRANT the variance applied for SUBJECT to the following CONDITIONS: 1. The shed shall be moved closer toward the house, with a setback of 5'6" (+-) off the side of the house as offered by applicant(s); and 2. Arborvitae (or similar) shrubbery shall be planted as a buffer at a height of 3' to 4' on the road side of the shed. VOTE OF THE BOARD: AYES: Members Goehringer (Chairm , Diniz o, " and Collins. (Member Homing of Fishers Island was absent.) This Resolut was duly a pte GERARD P. GOEHRINGER % CHAIRMAN For Filing about May 16, 2000 RECEIVED AND FILED BY I THE SOUTHGLD TOWN CLERK DATE 5 I 11/0c) UR I`ISP^1 / Town Clerk, Town of Southold NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 4, 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 public hearing will be reopened at a Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 4, 2000 at the time noted below (or as soon thereafter is possible): 6:30 p.m. AppI. No.4780-LAWRENCE and JOSEPHINE PEARLSTEIN. This is a request for a Variance under Article III,Section 100-33 based upon the Building Inspector's November 26,1999 Notice of Disapproval regarding an application for an as-built accessory storage shed located in an area other than the rear yard. Location of Property: 2225 North Sea Drive, Southold, NY County Tax Map Parcel 1000-54-4-23. 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: April 17, 2000, GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Man Road Southold, NY 11971 r /n , Ve4 nfo o Sf F fid+✓ ',\ul _ n 4\r 1/ Ala sem° � � FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N,Y. 3 ; NOTICE OF DISAPPROVAL DATE; November 26, 1999 TO Lawrence Pearistein 2225 North Sea Dr Southold NY 11971 Please take notice that your application dated October 25, 1999 For permit for accessory shed at Location of property 2225North Sea Drive Southold County Tax Map No. 1000 Section 54 Block 4 Lot 23 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds pursuant to Article III Section 100-33 which states.... accessory buildings and structures or other accessory uses shall be located in the required rear yard, proposed shed is located in the side yard of existing one family dwelling. Authorized nature i5 : e2�Po v•Z)Callt Tom. c:6,-f389It-09 X1"17/17- ba/77447 f7"®4v7- `. ‘9E7,t3y c f3 BOARD OF HEALTH FORM NO. 1 3 SETS OF PLANS TOWN OF SOUTHOLD SURVEY BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORM SOUTHOLD, N.Y. 11971 TEL 765-3802 NOTIFY: ' CALL Examined , 19.... - - MAIL TO- Approved , 19.... Perrmiit-No. �— Disapproved a/c ,4:1,20 .:Ne ' (Building Inspector) rtrT 25 19 APPLICATION FOR BUILDING PERMIT _ i Date , 19. . . . 6 i -. % INSTRUCTIONS a. This application must be-completely filled in by typewriter or in ink and submitted to the Building.Inspector wit 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan sharing 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 mist be drawn on the diagram which is part of this application. c. The work covered by this application may not be crnmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout:the work. e. NO building:shall be occupied or,used in whole or in part for any purpose whatever until a Certificate of Occupanry shall have been granted by the Building Inspector. APPLICATION IS.HEREBY 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. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildi for necessary nspectnss , 077 4w7 -c r ,Pt.4. '' e/1^-- (Signature of applicant, or name, if a corporation). (Mailing address of applicant) State whether applicant is °weer, lessee, agent, architect,. engineer, general contractor, electrician, pluber or builder Name of owner of premises ..L1 !!KY1!6E P/Il ie -C,11 iN (as on the tax roll or latestdeed) Y If applicant is a corporation, signature of duly authorized officer. J (Name and title of corporate officer) Builders License No. Plumbers Lirenct' No. Electricians License No. Other Trade's License No. nCy/ ly�{�' 1. location of land an whidr proposed work will be done '" J (1' J rk / T' -Ia. wb. m. ....COI l.k J Y _ o v iiiG )-D House Number Street Hanlet County Tax Map No. 1000 section 5 LI Block ti Lot a Subdivision Filed Map.No. lot. (Name) 2. State existinguse and occupancy of premises andintended use and occupancy of proposed construction: a. Existing use and occupancy 9 l\p1 11 A g�j J CK C JD IN ( f b. Intended OSP and occupancy SNPD SOK ��".gf6 . �- - Ln SrebLi ,...L,.c ... ...J., ,.,,CL.. m,Lu, am,Llcame). new ixoiiuing MuiCion Alteration Repair Removal Demolition - Other Work ' `- ~ (Description) 1. Estimated Cost :)' .0a.. fee (to be paid on filing this application) If dwelling, ruther of dwelling units timber of dwelling units on each floor If garage, number of cars If business, coumercial or mixed occupancy, specify nature and extent of each type of u-ce �j 1 ( Dimensions of existing structures, if any: Front 1 ryb Rear 4 b Depth ,l G G 1 G. Height .� ' Nuhber of Stories Dimensions of sale structure with alterations or additions: Front Rear Depth HeightNimber of Stories 1 ) Dimensions of entire new construction: Flout i / .i Rear I d' Depth 10 ' ..0.N1 £ � i }height timber Stories } i_ Size of lot: Front I J O p (�" Rear I0 b 1 Q pDepptt[h 0. Date of Purchase '� ( 1." Nate of Pourer Owner ..!,tR6 S 1 KO)) 1. Zone or ivsw district in which premises are situated ......'.9...`..........::.i� ''.2. .Does proposed construction violate any zoning law, ordinance or regulation: 13. -Will lot be regraded l J Will excess fill be enremoved_flan�ptremises: YES ND R r A. Names of Caner of prisesS' f `4+ i.-? 1 f)9 Addressa)-lt No(Ji S£ DR " Phone No. � 1')7. � Nam of Architect —'- . Address Phone No. Name of Contractor Address Phone No. 15. Isthis property within 300. feet of a tidal wetland? * YES N) fri *1F YES, SOUTHULDTIM TRUSTEES PERMIT MAY BE REQOII<.D. . PLOT DIAGRAM locate clearly and distinctly all buildings, whether existing or:proposed, and indicate all set-hack dimensions Chou property lines. Give street and block number or de cription according to deed, and show street nares and irdicate whether interior or corner lot. '. L®?t'-1S L gib C4v I4 _. Plit' \b-›- 0 I o yam' a 01.14T11µ* T 1) 1 '�ihu,gE ft� r VI-----"-10°I -4 STAlE oP lEW YORK, , CCUNIY (A:[Jt' SUft01– SS _ Nelca UU( toRVVI Lfill ()l ,f,,,,1. !! Lcrti being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above natured, /�' ,( lie is the 0 \A( hQ . •r•�- (gn;t.ctor, agent,-corporate_officer,-etc.). of said owner or owners, and is duly authorized to perform or have performed the said work aril to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth intheapplication filed therewith. Sworn to before me this o2L .L day of _0 . ..19... c. (_:) / Notary Public ....i.� . . ..4c-s ...QQ -f=rd... �. _ /. L1NDA1.0001'ER ( ignature of Applicant) MState of New York . N.40225ry 63,Suffolk Corley „ ,J Term Expires December 3S, 1ISD; J r/3/OO ' . • ✓TOWN OF SOUTH .-t EW'vORlf 76/6-156 RECEIVED APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. R`7t0 `JAN 4 2009 DATE :. i TO THE ZONING BOARD OF-APPEALS, TOWN OF 491111411180-MINVinthick 3osteli (Nl Pf11JLST$IN aa� b' T ioR DRi F :. 1, (We) ....itkiiitAkl P.....t. FR,k. 1!U of f, w ..,,..d.,, Name of Appellant Street and Number c ,Joh o L D Ns .'. ....,....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ppON APPLICATION FOR PERMIT .NO. DATED ,..,9„C.T.. ..) S .......let R. .1.... WHEREBY THE BUILDING.INSPECTOR ;DENppIED,TO p ISDEIN Nome of Applicant for permit of ala .. .. 1418 t gF...OJifl 50.c14Q}- ' f 1 Street and Number Municipality State (") PERMIT TO USE J ve ( ) PERMIT FOR OCCUPANCY' ( p L LOCATION OF THE PROPERTY _1%2,541.0.U-1i '1?. � 5Sl I lea Street /Hamlet / Use District on Zoning Mop District 1000 Sections 1 Block Lot 41.- Current Owner d_flWRthcl c(asfpfj@i£ P PRI_iI IN Mop No. ioCl 03 Lot No. 5 Prior Owner IRfk6Sre0 :h 2. PROVISION (5) OF THE ZQt4ING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the `Zoning Ordinance by number. Do not quote the Ordinance.) Article-/// Sectiond --33 3./' TYPE OF APPEAL Appeal is Made herewith for (please checkappropriate box) (I) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ) 4. PREVIOUS APPEAL A previous appe. has) Plias not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a variance //w/90 ,L e//7/97 and was made in Appeal No. Dated, REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (IA) A Variance to the Zoning Ordinance Ri TiC i.Ezir 5 f C T ION JOB - is requested for the reason that ,. . 6 " KE TOj. D 1/1I1 vkMAo(t -rHfltFins 0 Ir101-A7ioN. Nb PU1T oR yRRIAi4 (c wRs R1=Qu"ii`E,D_ 3 r pri IT IN Thif Form ZB1 (Continue on other side) CRoN BIECRuse fl ? PR 'ciflITy - o -tf ROID _ tOE eAN`r pv iJ 0VES v 6W4r . d R ( MK trifiusi —o � f�€ � € � ' , ` cotd-D ling ,T CLOSE To 774E Nd /St I SlNie /lea £V � fpVg 6lEricr j iuS `J cONFoktwo tvey n 4 CobE 'ilk £EP.n rS ctt C sr . Thibl TO TPA of 5orr$d D4 (WE fanfly bifc CE � �afe �s � cpAcv NC o L rows "Ail OIDER' Klan T.t ,>�iG k Lplate .r , ` REASONS FOR AREA VARIANCE ONLY to be com®leted b . . .licant : 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: T` F Sot 4ir FM (dr /Mgr of- fRoPurY °kinn fullikolOgHT, DoESOT f FrELT Tiff NfIfr lQt5 114 RAI Whl , 2 . The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE- 3-FRIED RV . 3. The amount of relief requested is not substantial BECAUSE € r'c ow y g ' ,?3,.1 scflfib 4 . The variance will NOT have an adverse effect or impact on the physical or environmentalconditions in the neighborhood or district BECAUSE l bor5 Marotta To nif ENVttaNIItNT, t! DoEr, f �7rn)v E 614 TE k(ars 4F $ Ny ni6Nhtc oQ ANYt3d1y ,gt-sE,. 5. Has /the alleged difficulty been self-created? ( V ) Yes . ( ) No. 6 . This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. s STATE OF NEW YORK) COUNTY OF SUFFOLK) � - ta2C. Is P ✓ rev (Appli/an Agent. must attach written consent from owner. Sworn to before me this S/rrd day of V , -�acrs0 . U Notajr Publi UN.OA.S (X(r-ERR ******************* No2cr{ New"Md., �� txtlk/form.var/temp 4e22563, ` FK ft+4iY Tern'rzzbb-es December 21; o2om' MitX • '11 Q�-- ,r- - 4 TOWN OF SOUTHOC,4 OPERTY RECORD CARD �-- e3, OWN R STREET ZZ VILLAGEDISTRICT SUB. LOT"'.2_27) y p . �ar�s�e/i d n ) :/.-7/LG j �dGtc, Ct i;t., ....0.14.7a �0.N 7Z / FQRMER'OWNER N / E /I)) ACREAGE \' 2. ., � L(,1'l- Y16 --- 41;44';/-4Z y . Iii‘i Set 978e S 7y ( i-� W -\------27 TYPE OF BUILDING /2.e ...., / /,,.# / �'? Gc.�/� Lit? vw L�U � /a O/y / RES. ( SEAS. Zy 0 VL. FARM COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS2»epI F f.bDD 120 09-2OI //y $a-c& "fi d/ uce /�F r,571,)-h .7e ?,RY/s/el> ILeer° goo p_s -6'G ✓ ,�6401/4s4/9 /VZ t3 co-,st, o/c c4 E/e f760 , o a1 $ 911 1 2- /200 37 2-/7/4tr�,4 :,(,I{ f/ ).=/, / ) i31- —, dp ® / 00 3 , o A . ,192y7o -6P#/8o1 - Con.ch, b_e_ck/a.I_Li (u_kL_- AP,3,000, 8140 N,C. —�qqQc o /6 a a w �0:� a !r 7, _ 519t& ro 62 Ce x-a. i, , ;� .« N. 72.0aSE 200 B I ING C• DiT)ONry/...7, 0- C)fli Farm Acre Value Per Acre Value / Ppn p e /OD FaZO- � z oa 0j _ — Tillable 1 Tillable 2 Tillable, 3 Woodland Swampland i. ! f; li Brushlarr I F1 4 House Plot j-, v e. 1 , Naie .,, Total p 0.. .w i I I .,� if 1j 'yl "r� 'Lt f.. -mk A w ii ru 2 r n, oybt 4,, pa — 1 _ p »y _I 7il /laX31 is ; 3-2- ' I 1 I _l_ 111 l — _J • 1 n g. _ . � I i, 6 _ . Both v M. BI �r%�X-3 - . 7�05� JI f�C�� cec.�Ni Wwra.rZ Floors 2 99 Foundation Basement �q97 /P/NE kJ/ /Ai° - Extension2 _ S;, _.. ----- ---- -- ' -- -- _ Extensio 'D-o p `ZGt _ Interior Finish �(7x — J�� 4l�� Ext. Walls `4�r Kii,a0; V1 ', <- ;' _C7 k; Extension i ' Fire Place Heat . ljkitc / / _7Akr I Y/ Porch /5,4/94, ,7 Attic tvL�I �i a-'`q rZn Ph Rooms 1st Floor�� XXLorc (� Ctc/„ 7 Y lYX 3i ' til S � Patio' Rooms 2nd Floor 'Mee age Q t fir C3 62 12 Driveway k \z x5-7 = @1Z _ r /JS-- I I1 - 9 Ed Unauthorized ateraHan oradd1fe to this survey is a violation of Section 7203 of the New Yak Slate . Education Lave .r 0 Copies of this survey map not bearing L„. �f tilelane rveyara inked sell or. Al / 'W Z 44. K ! Kr?} „� ,e«� > t p 1 pl emboesod tool shall not be considered 4,57 4✓ i y .. to be a vel d duo toad .. Seawn:coo refloated hereon shall ro i I only to he person for whom the survey � ' n ( " %` ispo rc :id o.r_his behalf to the ",*' 4rv-+rS4uhsMri u - _ __ title corp r 'Imental agency and 't elf '�"'�-" lending in i Et vd hereon and ,t"#',+ /"y k. Mf y to the cs g uuo w EndingIn6t1- y /7yf 01 aPer *At 4-!itwpr"'. """t+" futon Guarantees at, of trasferable rfat' to additional institutions orsubsequenl' *r ovmets. ,, pof ppo(JF ! i �n ✓` $V/ V/$yol? p i LRCE ii JOSePlif. WE PE-Agit gel-47N . ( . a ill 4 ty .. 1t r 4. 1 I P sf l ltlt w{:it i 1 vd l " g pr- li ,)[ _z It 1 ", f�-, it v 2170,0 j'a'i "Jn n�f z k1Px ,4 IT .� 4 r97 e `r y� A ,ate UU /id{pt R'�wrbFdfk3�'*y • 65i '# __._.+.. r� wC a c--coastal erosion tremAret (Tile ---- a NO'4!f rht SEA "f$t L-., Q •NEW .40f ,5 ,,,. o a ±s2 P , / fico ° +-t.yo LANE)tit'" a5 0,g) ci( COUNTY OF SUFFOLK/ ? Ie) ir © ROWE rJROBERT J GAFFNEYJUN 44 5 Alt SUFFOLK COUNTY EXECUTI 1,.-HEN A(INES, A.I C.P. DEPARTMENT OF PLANNING DIRECTOR of PLANNING May 26, 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 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) Pearlstein, Lawrence 4780 Melamud, Ron and Susan* 4796 Weber,Nancy* 4801 Moller, William 4805 Robins Island Holdings LLC 4809SE Braverman, Joel 4810SE Cornell, Clifford 4811 Smith(Diane) and Alec (George) 4812 Garbe, George 4815 Wolf, Jeffrey 4819 Robins Island Holdings LLC 4822 Gurney, Thomas* 4896 *Premises should be encumbered by appropriate developmental restrictions to reasonably mitigate any adverse environmental impacts,particularly as set forth by the ZBA. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD2000\MAY\SD4780 MAY LOCATION MAILING ADDRESS H. LEE DENNISON BLDG -4h FLOOR ■ P 0 BOX 6 100 ■ (5 I 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044 ofFOLt bP 14‘ 4( 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 Commission: XX Variance from the Zoning Code, Article III , Section 100-33 Variance from Determinations of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal N o : 4780 Applicant: Lawrence Pearlstein Location of Affected Land : 2225 North Sea Drive, Southold, NM County Tax Map Item No . : 1000- 54-4-23 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 "as built" shed in a side yard rather than a rear or front yard of this waterfront lot Copies of Town file and rested documents enclosed for your review. Dated : May i g, 2000 / APPEALS BOARD MEMBERS � '��OSUFFU(� G l Co Southold Town Hall Gerard P. Goehringer, Chairman ��� 1: 53095 Main Road James Diniiio,Jr., k H . i P.O. Box 1179 Lydia A.Tortora ;p " 47$ Southold, New York 11971 Lora S. Collins If O. ��� ZBA Fax (631) 765-9064 George Horning = 0. �a.i�� Telephone (631) 765-1809 . ... sell BOARD OF APPEALS • TOWN OF SOUTHOLD May 16, 2000 • Mr. and Mrs. Lawrence Pearlstein 2225 North Sea Drive Southold, NY 11971 • Re: Appl. No. 4780 - Shed Location Variance Dear Mr. and Mrs. Pearlstein: Enclosed please find a copy of the Board's May 10, 2000 determination regarding the above application. A copy has been forwarded to the Office of the Building Inspector for their recordkeeping. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Mr. Joseph Betsch.._A-a-v4fo Or( l��5- APPEALS BOARD MEMBERS' 0'#0S�FfU�k = }- ,��i,��0�0 CCGZ; Southold Town Hall 53095 Main Road Gerard P. Goehringer, Chairman �`� P.O.Box 1179 James Dinizio,Jr. ;, '� Southold,New York 11971 Lydia A.Tortora y �� ZBA Fax(631) 765-9064 Lora S. Collins = '�l04 dao."' Telephone (631)765-1809 George Horning _ - BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4780 - LAWRENCE PEARLSTEIN 1000-54-4-23 STREET & LOCALITY: 2225 North Sea Drive, Southold DATE OF PUBLIC HEARING: March 2, 2000; April 6, 2000; May 4, 2000 - FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is a waterfront lot known as 2225 North Sea Drive, Southold, with 100. ft. sound frontage and lot depth of 210 feet. The lot is improved with a single-family dwelling situated 20 feet from the westerly side line and 41 feet from the front property line along North Sea Drive, as shown on the February 15, 1996 amended survey prepared by Roderick VanTuyl, L.S. BASIS OF APPEAL: Article III, Section 100-33 and the Building Inspector's Notice of Disapproval dated November 26, 1999 regarding applicant's request for a building permit for an "as built" accessory storage shed in a side yard rather than a rear or front yard of this waterfront lot. RELIEF REQUESTED: Applicants are requesting approval of the existing side yard location for an accessory storage shed 8' x 12' in size with a 9 ft. side setback and 63+- feet from the front property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Applicant stated that the shed was placed after consulting with the Building Department about code requirements, and that it was the owners' - understanding from an early conversation that a shed under 100 sq. ft. could be placed any where on his property without a building permit. (2) The benefit sought by the applicant cannot be achieved by locating the shed in a different location. The shed exists in a location 63 feet from the front property line, which is a greater setback from the front property line than the dwelling (which is 40 feet from the front property line). To relocate the shed in any other location would require additional reviews and possible variances from the State and local environmental agencies, or disturbance to dune areas of this waterfront community. (3) The requested area variance is not substantial. (4) In considering this application, the Board deems the grant of the variance for a small accessory shed in its present location to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. Page 2 — May 10, 2000 Re: 1000-54-4-23 (Pearlstein) Southold Town Board of Appeals RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, TO GRANT the variance applied for SUBJECT to the following CONDITIONS: 1. The shed shall be moved closer toward the house, with a setback of 5'6" (+-) off the side of the house as offered by applicant(s); and 2. ArborPvitae (or similar) shrubbery shall be planted as a buffer at a height of 3' to 4' on the road side of the shed. VOTE OF THE BOARD: AYES: Members Goehringer h-irm-• , Dinizio, • and Collins. (Member Horning of Fishers Island was absent.) -1 was duly a••: e• GERARD P. GOEHRINGER / CHAIRMAN For Filing about May 16, 2000 , Page 2— May 10, 2000 Re: 1000-54-4-23 (Pearlste Southold Town Board of Appeals RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, TO GRANT the variance applied for SUBJECT to the following CONDITIONS: 1. The shed shall be moved closer toward the house, with a setback of 5'6" (+-) off the side of the house as offered by applicant(s); and 2. Arborvitae (or similar) shrubbery shall be planted as a buffer at a height of 3' to 4' on the road side of the shed. VOTE OF THE BOARD: AYES: Members Goehringer ch-irm-• , Dinizio, = and Collins. (Member Horning of Fishers Island was absent.) This esolut- was duly a e• ,7. GERARD P. GOEHRINGER / CHAIRMAN For Filing about May 16, 2000 RECEIVED AND FILE BY THE SOUTHOLD TOWN CLERK DATE s l n f oo HOUR I'I S/pp t Town Clerk, Town of SoutLold_ uFfO( APPEALS BOARD MEMBERS 0'10S KC Southold Town Hall •S 53095 Main Road Gerard P. Goehringer, Chairman c P.O. Box 1179 James Dinizio,Jr. ; y Southold,New York 11971 Lydia A.Tortora �y .' *./�� ZBA Fax(631) 765-9064 Lora S. Collins �491 * 41:01. Telephone(631)765-1809 George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2000 Appl. No. 4780 - LAWRENCE PEARLSTEIN 1000-54-4-23 STREET & LOCALITY: 2225 North Sea Drive, Southold DATE OF PUBLIC HEARING: March 2, 2000; April 6, 2000; May 4, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicants' property is a waterfront lot known as 2225 North Sea Drive, Southold, with 100. ft. sound frontage and lot depth of 210 feet. The lot is improved with a single-family dwelling situated 20 feet from the westerly side line and 41 feet from the front property line along North Sea Drive, as shown on the February 15, 1996 amended survey prepared by Roderick VanTuyl, L.S. BASIS OF APPEAL: Article III, Section 100-33 and the Building Inspector's Notice of Disapproval dated November 26, 1999 regarding applicant's request for a building permit for an "as built" accessory storage shed in a side yard rather than a rear or front yard of this waterfront lot. RELIEF REQUESTED: Applicants are requesting approval of the existing side yard location for an accessory storage shed 8' x 12' in size with a 9 ft. side setback and 63+- feet from the front property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. Applicant stated that the shed was placed after consulting'',with the Building Department about code requirements, and that it was the owners' understanding from an early conversation that a shed under 100 sq. ft. could be placed any where on his property without a building permit. (2) The benefit sought by the applicant cannot be achieved by locating the shed in a different location. The shed exists in a location 63 feet from the front property line, which is a greater setback from the front property line than the dwelling (which is 40 feet from the front property line). To relocate the shed in any other location would require additional reviews and possible variances from the State and local environmental agencies, or disturbance to dune areas of this waterfront community. (3) The requested area variance is not substantial. (4) In considering this application, the Board deems the grant of the variance for a small accessory shed in its present location to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. PO Box 1825 (2325 North Sea Drive) S/ Southold,New York 11971 1 4 May, 2000 / iJ Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall 53095 Main Road Southold, New York 11971 Re: Application 4780: Lawrence and Josephine Pearlstein Dear Mr. Goehringer and Members of the Board: My name is John Betsch. I am the owner of 2325 North Sea Drive since September of last year. My property is adjacent to 2225. Being new to Southold, I am unfamiliar with the workings of the Town Board of Appeals. It is my understanding that these hearings are as a result of a deficiency that was visually noted by a Town Building Inspector during a routine patrol and review of properties throughout the Town. It is also my understanding that these inspections are done to insure compliance with Town Codes in place to maintain meaningful property value. I was unable to attend the First Hearing concerning this request and at that time submitted a letter which included in part the following: "As a new member of Southold Town, I feel I have an obligation to conform to the various Town Laws and Building Codes which were a significant influence in my purchase, and which are in place to maintain my property value. Therefore, it would be hypocritical and inappropriate for me to agree with this variance request. " I believe the outcome of that First Hearing was an owner action to determine impact of properly placing the structure to be in Code compliance. At a Second Hearing, it was volunteered to slide the accessory shed to an area that would make the variance request moot. We are now into a Third Hearing, and I am hopeful that this is not to wear the Board down. There has to be an equitable solution to all involved and my concern and involvement in this variance request is maintaining my property value commensurate with my purchase cost of 2325 last Fall. 1 r � 1 At present, I believe the shed does not meet Code on two counts: 1) the requirement for rear yard placement and 2) if it was permitted on the side yard, it does not meet set back requirements from the side property line. The most recent letter I received for this Third Hearing states: "To tuck it into the Northwest corner, [I am assuming it was meant to say Northeast corner] parallel to house would necessitate earth moving of many cubic feet of sand dunes." This is confusing to me, and requires explanation as our properties in that area are basically flat, and in any case, amount of effort should not be a decision driver. The letter continues: "It would be a simple matter to move it closer to that side of the house, consistent with similar houses in the neighborhood. Mr. Chihlas would still have his waterview. " It is my belief that the Board has a responsibility to apply present Town Code, and not be influenced by a previous Board's decision or error. The driver of this hearing should be Code compliance, and also using waterview should not be a way of selling a variance. Please understand I have no beef with Mr. Pearlstein and I'm trying to believe it was just poor planning ... but there has to be an equitable solution to all involved. Again, my concern is maintaining a property value commensurate with my purchase cost last Fall. The solution should not affect my equity. The Board has a responsibility to insure that any potential solution considered is not detrimental to affected parties. Thank you. Yours truly, hn F. Betsch 2 i s iri)ky0 PO Box 1825 (2325 North Sea Drive) Southold, New York 11971 4 May, 2000 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall 53095 Main Road Southold, New York 11971 Re: Application 4780: Lawrence and Josephine Pearlstein Dear Mr. Goehringer and Members of the Board: My name is John Betsch. I am the owner of 2325 North Sea Drive since September of last year. My property is adjacent to 2225. Being new to Southold, I am unfamiliar with the workings of the Town Board of Appeals. It is my understanding that these hearings are as a result of a deficiency that was visually noted by a Town Building Inspector during a routine patrol and review of properties throughout the Town. It is also my understanding that these inspections are done to insure compliance with Town Codes in place to maintain meaningful property value. I was unable to attend the First Hearing concerning this request and at that time submitted a letter which included in part the following: "As a new member of Southold Town, I feel I have an obligation to conform to the various Town Laws and Building Codes which were a significant influence in my purchase, and which are in place to maintain my property value. Therefore, it would be hypocritical and inappropriate for me to agree with this variance request. " I believe the outcome of that First Hearing was an owner action to determine impact of properly placing the structure to be in Code compliance. At a Second Hearing, it was volunteered to slide the accessory shed to an area that would make the variance request moot. We are now into a Third Hearing, and I am hopeful that this is not to wear the Board down. There has to be an equitable solution to all involved and my concern and involvement in this variance request is maintaining my property value commensurate with my purchase cost of 2325 last Fall. 1 s At present, I believe the shed does not meet Code on two counts: 1) the requirement for rear yard placement and 2) if it was permitted on the side yard, it does not meet set back requirements from the side property line. The most recent letter I received for this Third Hearing states: "To tuck it into the Northwest corner, [I am assuming it was meant to say Northeast corner] parallel to house would necessitate earth moving of many cubic feet of sand dunes. " This is confusing to me, and requires explanation as our properties in that area are basically.flat, and in any case, amount of effort should not be a decision driver. The letter continues: "It would be a simple matter to move it closer to that side of the house, consistent with similar houses in the neighborhood. Mr. Chihlas would still have his waterview. " It is my belief that the Board has a responsibility to apply present Town Code, and not be influenced by a previous Board's decision or error. The driver of this hearing should be Code compliance, and also using waterview should not be a way of selling a variance. Please understand I have no beef with Mr. Pearlstein and I'm trying to believe it was just poor planning ... but there has to be an equitable solution to all involved. Again, my concern is maintaining a property value commensurate with my purchase cost last Fall. The solution should not affect my equity. The Board has a responsibility to insure that any potential solution considered is not detrimental to affected parties. Thank you. Yours truly, hn F. 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',,,,,,,:-,,,,,„,,,,...,cv•:,!, •;:ii;‘,,,.,:a.,::• .,--.;-:•',,,,,,,,,•.,, i • -:!-,,,T:-'t':;,45: ;,•:.,„:„..-:, •,.„ ,, ,, teNee.goAd ' y e7i9.040;efel*,01 IN., 7_ IP 9 1 • I' H , 4 Y. • I+, 1 ? 1 • ' I /),''‘s,,s,' i cs,,NvA ' . CI- , I % , . . , . , . .1 --fe•-e•-7/AT/ A-2/ters//c7-ez:, il lu), 011/(1:er° PO Box 1825 (2325 North Sea Drive) Southold, New York 11971 22 February, 2000 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall 53095 Main Road Southold, New York 11971 Re: Application 4780: Lawrence and Josephine Pearlstein Dear Mr. Goehringer: I am a new property owner in the Town of Southhold, having taken title to 2325 North Sea Drive (adjacent to the Pearlstein parcel) in late August. During my East End property search, the Town of Southold impressed me with its concern for maintaining meaningful property values, its open space conservation policies and its genuine interest in the quality of life of its residents. As a new member of Southold Town, I feel I have an obligation to conform to the various Town Laws and Building Codes which were a significant influence in my purchase of 2325 North Sea Drive, and which are in place to maintain property value. Therefore, it would be hypocritical and inappropriate for me to agree with the variance request noted above. Yours truly, S w 0 i v ►'�� 1/V ‘9.3 D q, John F. B h o ee 612gP12 goo() L. MAGLI• NO • •Y PUBLIC,Sta - • ew York No. 30-4, 197 Qualified inS q F.4 County Term Expires Strir 30,9151X • 8 •The_ Suffolk Times••January 6,2000. . a` _1, -,: ' t�_�,:te t�_ •'z��, 4•-_ - -�•_: ,-...;,,,, 'lb.°.:-'7-=,4.-- .--gr-14---.:,--,--- ---.-- -:-----; ''"--'4-- -,-> --a--;-'---,e--' to ,..2-- -,- _i_ ..7.----1,,'-'-i5,---'-', - vim:--;:- - • e + ± ..';.:,:,---s-: -_ 1 "P- :- 4'.. L7. oc,il 4;.:13-7-- • - __ _' , P,, i.a .gtT+ y . t-_ w 'Houses? H •otels? Disneyland? `q-'< 4'i= ° h--,-",„:„:„;-.2,,,,F,,,34.,...„-_ _ ,„,:,,,,,„,--__ I ,; .- ' ~ '. �-,`Soutod Dear Editor:`Y - - '..� ..,-,,,:::,-,-,-.,:-..,,;,LLETTERS - - • t•Change and growth,although not _ welcomed by many of us,seem in= - - -= = ' . evitable:One thing seems obvious to .F me:Large,expensive building does n =, not necessarily equate to good taste. `' '-. „ - - Many of the presentdw,ellings be-,,,,_•-•:4::: - ing constructed,which are defined as -_,5 • iti -:',,....,...s..--...,;;,„,,,• homesresew- Y,__ , �a*4+ lI ;,ble'Disneyland' - - 3"MiId�ill ,2. ' fantasies or' ;Y'" • tit. _hotels.Many of - @'5 ',� the homes. -' eVi being built on` • 'i :l -m .a ,_the beaches are '.- j x ."huge and'defi- '' 1'; "= , =nitely not in ' i ' keeping with their surroundings. , - 1 If-left unchecked,this out-of-con- - -it:- - trol growth will have our seasides ob. . scured by high-rise buildings similar -. 1 . to many,boardwalk communities with their walled-oean ff ocfronts._-- t�,_ • 7.; __ -YJo_seplune Pearlstein, r 11 d TRANSMITTAL Wm fO . .v_ TO: ZBA Chairman and Members FROM: ZBA Off ce Staff , DATE: Zeate SUBJECT: " ��'t' 'Z \W"-/Le )(-f With reference to the above application, please find attached the following new information added to the official ZBA office file: %-* : - a,-'- �� a-1.cc.e.- ^ a Aa TeX,-/Yi6i Comments: Number of Pages Attached: oZ. TrMemo.doc __] TOWN OF SOUTHOLD, NEW YOz dna ACTION OF THE ZONING BOARD OF APPEALS DATE _..AI L....% 1 961Appeal No. 793, Dated July 22. 1965 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To ll J. � Air► Dorothy Appellant �y.See Dive Blit LIE! _ftse adrese at a meeting of the Zoning Board, of Appeals on August 5, 1%5 the appeal was considered and the action indicated below was taken on your 1 Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( Request for a variance to the Zoning Ordinance • ) 1. SPEWAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ......_._.............„.... Section ...... Subsection ...._„._» .._ paragraph _....... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8800 P.M. upon application of Alm 3. lin A/0 Dorothy Norman. North Sea Drive, Bon lS,5 . for a variance accordance with the zoningordinance Article lilt sectionsubseation r mission to erect a detached private o tbs faroa. of the proP ►s. North Sea Drive, Southold, N.!., wed s• 1. L.l.Sound fists �bo y est; S. North Sea Drivel V. L Vaccaro. tee $ 5.0 • 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because S itz ME= E (b) The hardship created (is) (is not) unique •and (would) (would not) be shared by all properties { alike in the immediate vicinity of this property and in the same use district because SEE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character sof the district because BEE avvrase and therefore, it was further determined that the requested variance ( ) be granted ( ) be dented and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS ;• FORM ZB4 • • ? • • • • After inweatigatUatemd inspection the finds that the applicant wishes stto erect tar s se? building ( . vat° detach in the f ont` d area. The board finds ..Yr:t .the t4 d area is the only practical location for the proposed bulletin ae the lot is backed up to b. .Sou d , the dwelling is located, on'hIgh6r PIMA that had to be filled in after storm damage the lot has.setcrr of "hurricane" and extreme storm die fromt to time* .at well sloping Ward the road from the sound. Additional. fill and an lanuauaily deep foundation will be required for the garage. The finds that practical difficulties and an naftsual hardship exist, and that there are other accessory buildings in the area of a similar nature. Therefore the Board reeolvcda Thatthe Board grant , : , ;�► salon to John :. � AICDorothy Ghon, Worth gee Drive* ;r.,, tholde Ma. to erect a detached garage in the front yid area on property.b asted North Sea Drive, Southold, W.Y. bounded** b.l.donsat � 3• Abe ry rt; 8* North Sea ivo; Vacs w� sot td` the rlioving i the proposed garage till be no closer than 30 to westerly line, and not closer than '4 ft to Werth Sea eve. 4 3. _Nature of work (check wl' --`' applicable): New Building ddition� Alteration 'Repair Removal Demolition Other Work (Describe) 4. Estimated Cost Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 'j 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front 12. Rear 12 Depth .•.211 Height Number of Stories OM , 9. Size of lot: Front ...100 Rear 10.0 Depth ..371 40.0 10. Date of Purchase 1947 Name of Former Owner 11. Zone or use district in which premises are situated ......►..dist 12. Does proposed construction violate any zoning law, ordinance or regulation? yes 13. Name of Owner of premises ..DOTO•thy:..1 XahOf.Address Southold Phone No. Name of Architect Address Phone No. Name of Contractor Address Phone No. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, cnd how str t names and indicate whether-interior or corner lot. a,- V . (v (t.., ila,>0C'G a 6 int. 6 is..,sz t'. jio t- 1 N . C k DVIvVI— STATE OF NEW YORK /S.S. COUNTY OF ..Slif '.oik ) _ sTQ ?i..sTt..._.4'e84tt0.13 being duly sworn, deposes and says that he is the applicant (Name of individual signing applicatior) above named. He is the agent..O'..O ler • l (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that till statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the appli ion fileditherewith. Sworn to before me thi , f 22.... day of" d4, 19.65. V____ r%�/ �7� �-,4- Notary Public, . 4(.... .s../ ' �pu (Signature of applicant) JUDITH T. 8 KEN _4.t t' ^'' fOry Public, State of New York l o 52-0344963, Suffolk County , Cgjn n,ssion Expires March 30, 196 TRANSMITTAL Iv "°1O TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: sti 02 g o267d e) SUBJECT: File Update - L , ao26oDQ�- With reference to the above application, please find attached the following new information added to the official ZBA office file: (2<°- 7-e-jt-e>V21-ed-r-e- -frz2 Comments: Number of Pages Attached: TrMemo.doc ol V Ads Akkiy SSr3 ORIVE �S'ovrr�o�,o , iV- X //9 7/ /27 D�ell z 8, c OOO © . .. ,EieeciPD P. G 0 EN/:i/VG e,e D ,S1 o u 77/04D D TO LUQ✓ 43o9RD 6°151P.26gls` NM 8. SovrHo , N. Y. // 97/ ✓ enP. in/ . G o a 1-//e//t/G E e , (2JJ E /9E6 w R irk I''6' 7i!/S 77-£,e /°,e es&tir OOR POS/770A/ OA f 71/f /&So& op oug S/De 5/1ftieS/YED- W e11C.e ,9-,0 vi sc D r 1W /12/9/P.01 0 . gene/A/6 7a" CoAin9er 11-/E 4 j91JD Os reEs . D.E . C . G 0/Oct./NES /ND/c fTE to D c/vr 11/91/E E do H E t E.v5i7ON td ph/3-c£ S171 ,9-r , Ege OF HOUSE - ,9 ,ee e PLRce/37ENT cue()4.,D /9-4-SO /VEG OT/ //27P19-CT /`7'16 DuNrE GR/ SSFS /9iv'D ge/4C/9 pLain US/1eS. THE E/-O 4-0S E D /9/c 7ve&_.c cSHm tJ i`'o vie OT/f ' EH£OS oil ailOR7/1 S E)9 tae I v! (w)97-6,e Lr/De) , cei N/c/J i9iecr i9/,4- Lo c/it D SIDE y ,eD e/OSF 712 7'/o vsE . SHE %o/ov es ©, o v e yo ria e 6WD s// I d'O 641 CLE -re L Y 7"H ®P77D/t/ Of /J7&1///6'6 SWE-0 e405E7?) yo USE . CJ /Ace.E'EGy. 1 i) / ( 40a7d- iika-S.h-- .AV -7,- I-.- i 1 r Mg IMF 1 S-7-6-/A/ . . , . . 7 ' 7 i r . — " ,,(' // / :\ / • ! . , 1 / 1' i 7' / /.' / I/ / 4.. , ( , v ,, ,,- • y 7 ..-.., 11111. . . !,.. ie.'' . . i \., .. . . . . . — . ,... . , . ti , i r - V— '-- - Rtei) , 67' Elm , - 1 Gun octse___ . Eilkiiild "11101111 - —1 'marl __ - ...t__,74 iii—M.n 1 p..,-- ..7- , , fe___,..,,,- 7.,-/e4/7 maw. i !! 4 f. iv,ii...1.,...,,„ ‘ 11 . _ . ......... 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Comments: Number of Pages Attached: TrMemo.doc t(gt:6- e at_cc c c e_ 67 /170 Se_ Ai,pc Buse 9.2c2 ,S) j/ted (.A.Q / e•_ - - - • • _______ g/? jetid_ke_. ? 74- 'S C-e727 1,11212 )94-tn L/3-e_artz„' R c/14161,L. 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Goehringer Southold Town Board of Appeals, 53095 Main Road, Southold,N.Y. 11971 February 18th,2000 Dear Mr. Goehringer, I submit this letter as my written statement of disapproval and objection to application No. 4780, Lawrence and Josephine Perlstein. It is my firm belief that the rules and regulations of the town need to be upheld to keep continuity in our small and beautiful community. Variances should be given for reasons of necessity and not for casual conveniences.Mr. and Mrs.Perlstein should be asked to adhere to the law and move their shed to an area that meets the town's code.Thus,eliminating one more deviation from the rules designed to ensure the continuity of our wonderful community. I am very disappointed that Mr. and Mrs.Perlstein applied for this variance,especially after reading an article written by Mrs.Perlstein,which appeared in the January 6th edition of The Suffolk Times. In this article,Mrs.Pearlstein clearly highlights the importance of adhering to the building codes,given that violations to these codes result in a negative impact on the beauty of our community.For your reference, attached to this letter is a copy of this article. Thank you for your support in this important matter. Very truly yours, c‘14, John Chihlas SERGIO SEDITA Wary,Public, State of Now Ytaf1� ' No. 41.3579700 Qualified in Queens County rienve ion E*pires March 30,4011 A noa � �®�VFFO(,��® ELISABETH A.NEVILLE y y Town Hall, 5'3095 Main Road • TOWN CLERK 1 P.O. Box 1179 k Southold,New York 11971 REGISTRAR OF VITAL STATISTICS •; I Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ` y ®� ��� Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER ®1 I[ �°s" II' a- ',°1/ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 4, 2000 RE: Zoning Appeal No. 4780 - Lawrence & Josephine Pearlstein Transmitted herewith is Zoning Board Of Appeals Application 4780 - Lawrence & Josephine Pearlstein. Also included are Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, Notice of Disapproval, copy of Building Permit Application, copy of Inspection Report dated 10/12/99, copy of Property Record Card, copy of Tax Map and Survey. : :r;c `` e or t in which premises are situated i;11 — Lt —' c3�� s proposed construction violate any zoning law, ordinance or regulation: Z• 1 lot be regraded 0 Will excess fill be removed from premises: YES NJ _ r es of Owner of premises i.' ? V �.!-5 f .1 Address )-)-�-- c NQ 11 s Ch b R - Phone No. it C'c')CG e of Architect Address Phone W . e of Contractor Address Phone No. this property within 300 feet of a tidal wetland? * YES NO *IF YES, SOUIIIOID IIIN TREJSIIZ;S PERMIT MAY BE R QUIRID. PLOT DIAGRAM ate clearly and distinctly all buildings, whether existing or proposed, and indicate all set—back dimensions arty lines. Give street and block cumber or de cription according to deed, and show street nares and indicate iterior or corner lot. L(9 X IS L PAID #g44+v ND .^ 1 wt.-0.4N./O 111\N ! '' 1 1 1-,--r lig r I L(3 " 71 - , bf;imill6 P ‘ i hicl• To 5(R i.--C, © T S`i P(151144(% -$1ED kEi6ril ! ,_1:-I,"_1 Le7 12' 0-v, E. Flt • ► JAN ® 2 ,U 11 �sa; i ` ,yt ��_ ., I j1ili boeR _ ' u—-- -- I 1 3;W YORK, - - -- SUi ()1-- . SS NO1kTR nth DP4V ' iii ( •-• , •r'•`- / ✓•Tt' being duly sworn, deposes and says that he is the applicant ndividual signing contract) d, 0 \A 4 fK__ (Contractor, agent, corporate officer, etc.) nor or owners, and is duly authorized to perform or have performed the said work and to make and file this n; that all statements contained in this application are true to the best of his knowledge and belief; and ork will be performed in the manner set forth in the application filed therewith. Before rre this �' / clay of .S-�=.�`!-61.- --:. 19....Q. ./..' .... ... div--1,_ A Lli+aDAJ.000PlAR ( 3gnat-ure of Applicant) Notary Public,State of New York No.4022563,Suffolk County ,, c„,c) Term Expires December 31, c>/aivi,(7 f °12'"`" "- oce. a 765-1802 " /`�Ae-/Jr7�: 3 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLEG® [ ] FOUNDATION 2ND [ ] INSULATION [ ] FRAMING [ ] FINAL [ ] FIREPLACE & CHIMNEY REMARKS: bkvihpi.;71/90-070,-44et ---;4eeOrkixer 44).0-a 42 " , ,..�:.; , ,/ '.5/1A{mme711",4 //i• Ze-T-d4-4-,PL CPALLt 7.;te-t-its-ezd 4--e__6-atiz /eov.ve DiedeAel Ai-p-hzot-if"el dao 9,�, "01,7, ?/ - co d,,k.� /3Dp�-firms DATE tv f't---/c - INSPECTOR �s 4 ' earr,.i�:niv i TRANSACTIONAL DISCLOSURIs- s?ORH The Town of Southold' s Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: > 8^ J� �� LRWREwef N� (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 p( Change of zone Approval of plat Exemption from plat or official map Other (If "Other, " name the activity. ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse, sibling, parent,, or child is (check all that apply) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation) ; C) an officer, director, partner, or employee of the applicant; or D) the actual applicant . DESCRIPTION OF RELATIONSI'!IP Submitted this `3 day-'-ofW Signature ily.e, �� i7)2•,; Print name --dse '' Arc Ar a i 1 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION • A. Please disclose the names of the .owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) TO S PIl eN FERRLs-r i i-PoiReNcg ft-S.1-g61 B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( } Yes • ( V } No. (If Yes, please attach copy of "conditions" of sale. ) / C. Are there any proposals to change or alter land contours? ( } Yes ( J} No D. 1. Are there any areas` which contain wetland grasses? yrs- 2. Are the wetland areas -shown on the map submitted with this application? V leS 3 . Is the property buLkheaded between the wetlands area and the upland building area? N 4. If your property contains wetlands or pond areas , have you contacted the Office of the Town Trustees for its determination of jurisdiction? hi E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? W. R . (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 map that you are submitting? AoN t If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NoNT If yes, please submit a copy bf your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel PR IMRR1 IVE"Atf. and proposed use /EX/5774!6 Si/CO Foe' St e,9-r • /. pI 3 0® Authorized Signature Elate 3/87, 10/901k w i _ N. 39`' 4 2 'oa"e., , /va, a 1 , C o,¢.O/�•./QA,2Y AV,&' /No - kVA TE Az. . MA 1 q m '` �> ' tea : { , 1 rNi� PRE/ PRE, 44 i ` I ' •G/CiE a 1 &fE . ': ,„.„ ,, -04,:sriEr (:9*I; 4::047A: 47,;°.°il :1:,' CE /:,:fit016.42;P ; I I pis7A, .,,,,,,..,,,'_,,',.,',',,,,,,,...... ., . - ... - Zoe ' ': emir _ e ', i . ` )C Ql° ' ,`� rM.a: . 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'?':• .'_%; '" • TAT`' r �\,N EY' 4::, `. . �t t.. 4, ? - • --,1.",': _ •>„• [ ,1. - _ • .. -.: ^t }�-', ' .> -- a- ..;Say` - r _ ,ti_ _•� - c - . . i,_7r Ste" - Jv TRANSCRIPTS OF PUBLIC HEARINGS March 2, 2000 • SOUTHOLD TOWN BOARD OF APPEALS (Prepared by Lucy Farrell) • 6:33 P. M. -Appl. No. 4780 - LAWRENCE & JOSEPHINE PEARLSTEIN This is a request for a Variance under Article III, Section 100-33 based upon the Building Inspector's November 26, 1999 Notice of Disapproval regarding an application for an as built accessory storage shed located in an area other than the rear yard. Location of Property: 2225 North Sea Drive, Southold, N.Y.; County Tax Map Parcel 1000-54-4-23. , CHAIRMAN GOEHRINGER: Good evening Sir. Good evening Ma'am. Could we ask you to use the mike. How are you? What would you like to tell us about your storage building? - MR. PEARLSTEIN: Well we didn't do that lightly. We did it with very careful consideration. We did it very carefully, particularly about conforming to every building code and every permit that we needed to get our, home improvement. When we bought the shed, we were assured by the Vendor, that it was no problem as long as it was under 100 sq. ft. and therefore I didn't think I had any problem. Now I find out I violated the code. The only thing I could do. I can't' move it into the front. I can't move it into the back because I have the road, and I have the water. The only thing I could do, would be to move it closer to the house. CHAIRMAN GOEHRINGER: It's 10 feet from the house now Mr. Pearlstein? ' MR. PEARLSTEIN: It's 10, 10-1/2. I can move it to anything from 6 to 8 ft. closer to the house. - CHAIRMAN GOEHRINGER: 'Well that may not be necessary. Let's see what develops throughout the hearing. We'll ask any questions of a. I just want to . mention one thing to you, that we have sought of a precedent as it exists on waterfront lots and that is that we respectfully mandate that you not close up the other side yard, assuming this is granted, OK, so as to allow access to the waterside of the house. So in other words, we wouldn't be, if this was granted, we wouldn't be too incline to sought of speak. I'm speaking now for the Board if anybody would like to say something other than that, you're welcome to. But we want to see that other side yardleftopen. - MR. PEARLSTEIN: I have no intention of closing it. I just want to mention one • ` other thing. I have a list here of five houses on the same road we live on that '- ' ' • . 'be 2 - March 2, 2000 • bard of Appeals Hearings have sheds in their side yard, which obviously no-one has complaint about. mean I can give you the addresses if you want to. But I just, there are five other houses on the same road with sheds on the side yard. CHAIRMAN GOEHRINGER: Could you reduce that to writing for us? MR. PEARLSTEIN: Submit it? CHAIRMAN GOEHRINGER: Submit it, yes. I MR. PEARLSTEIN: Sure. CHAIRMAN GOEHRINGER: It doesn't have to be this minute, tomorrow sometime, maybe. MR. PEARLSTEIN: That's fine. CHAIRMAN GOEHRINGER: OK. We'll start with Mr. Dinizio. Any questions of `v Mr. Pearlstein? { MEMBER DINIZIO: No, it's my assumption that you didn't apply for a Building Permit because none was needed, right? "I I fl MR. PEARLSTEIN: Well, what the Vendor of the shed told us, just make it l under 100 sq. ft.. and there's no problem. MEMBER DINIZIO: Well that's so. What he told you was right. I think the 1 problem just comes where you placed it. MR. PEARLSTEIN: Well you see, I had no idea that I had limitation about where I could place it. MEMBER DINIZIO: No you wouldn't because you didn't apply for a Building Permit. No-one told you. I'm assuming the Vendor, you know, he just, he goes by if it's under 12 feet. I '1 MR. PEARLSTEIN: Well, I should think that he would know these codes, , wouldn't you? MEMBER DINIZIO: I would think that he would know what the codes are that affect him, Sir. MR. PEARLSTEIN: Well is he's selling me a shed, then it affects him. r J, e 3 - March 2, 2000 oard of Appeals Hearings MEMBER DINIZIO: Yes. I agree with you 100% that the problem comes when up until probably six months ago, you had to apply for a Building Permit, and the Building Department then turned you down and that's, that's where - MR. PEARLSTEIN: Then I would have found out that I couldn't put in the shed. MEMBER DINIZIO: Right, right and thenyou would come andyou could of g 9 just plead your case just like now and you would of more than likely have gotten it. MR. PEARLSTEIN: I probably wouldn't have purchased it. MEMBER DINIZIO: Oh, OK. I'm assuming you're happy with it. You want to keep it and I mean are you happy with the placement of it right now? kiL MR. PEARLSTEIN: Well, the placement of it, is not terribly important. I can move it closer to the house if that pleases anybody. I mean if that solves the , problem. MEMBER DINIZIO: OK, but if we granted it where it is, that wouldn't solve your problem? �E tL MR. PEARLSTEIN: Oh, that's fine. CHAIRMAN GOEHRINGER: If you store gasoline, or any other, which most people do, you know, for lawnmower use or whatever the case might be. "I` MR. PEARLSTEIN: Never. CHAIRMAN GOEHRINGER: Never, but - MR. PEARLSTEIN: I have no power tools, no power boats. 111 CHAIRMAN GOEHRINGER: Right, but I mean it doesn't necessary have to be you. It could be you or subsequent owners, OK. The farther away from the house, the better off you are. MR. PEARLSTEIN: H'm, h'm. CHAIRMAN GOEHRINGER: So technically 10-1/2 is certainly an adequate r' , amount away from the house in my particular opinion. So I think where you placed it is OK. MEMBER DINIZIO: You're talking about depth too Jerry, not a house. CHAIRMAN GOEHRINGER: What? e 4 - March 2, 2000 ;rard of Appeals Hearings MEMBER DINIZIO: We're talking about - MEMBER COLLINS: It's not a deck, it's a house on stilts. MEMBER DINIZIO: No electricity? No running water? MR. PEARLSTEIN: No, no, just a storage shed. MEMBER DINIZIO: That's all I have. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: Just for Mr. Pearlstein's benefit. What Mr. Dinizio was alluding to, is the Town Zoning Code was amended about six or eight months ago. MR. PERLSTEIN: Which is? MEMBER COLLINS: In the interest of simplification, to say that for certain kind of things, you no longer needed a Building Permit. One of the things for which you no longer need a Building Permit is a non-commercial shed of less than 100 sq. ft., that's true. But the code goes on to say nevertheless, you have to comply with the Zoning Code but there's nobody as we saw, to tell you what the Zoning Code says. That's the problem. We saw that problem when they amended Code and we're now going to see it here. It's a matter of the way the law was - drafted. I would just say on the record, that I'm sympathetic to the idea moving that shed closer to the house, because I think the current location of the shed, shows why there is a code that says, don't put things in the side yard, it kind of clutters the scene, and so I'm in favor of the solution of moving it closer to the house because it's visually less of it in the front. That's all I have to - 4 CHAIRMAN GOEHRINGER: You want it moved closer to the house? MEMBER COLLINS: Yes. • • CHAIRMAN GOEHRINGER: OK, how much closer? MEMBER COLLINS: Oh, 5, 6 feet closer. CHAIRMAN GOEHRINGER: OK. MEMBER COLLINS: So that it looks more like it's part of the house structure and looks like it's a thing out there. J , �;.'e 5 - March 2, 2000 .;:oard of Appeals Hearings CHAIRMAN GOEHRINGER: How big is the shed Mr. Pearlstein? MR. PEARLSTEIN: 12 x 8. CHAIRMAN GOEHRINGER: OK. MEMBER TORTORA: Is it on a foundation now? You have a cement foundation? MR. PEARLSTEIN: No, it's on a 4 x4 CCA lumber. MEMBER TORTORA: So it could be moved? MR. PEARLSTEIN: Yeah, it could be moved. MEMBER TORTORA: I don't really have any objection to it's in its current location. Yes, esthetically it would probably look better as part of the house but should you want or future owners want to store gasoline there, I would like to see that 10 foot stay. What you've got actually. Where it is, is OK with me. MR. PEARLSTEIN:, I can't speak for future owners but I can tell you, that I'll not store gasoline in that shed. CHAIRMAN GOEHRINGER: I did want to mention for the record, that we did have one letter. MR. PEARLSTEIN: Yes, I know. CHAIRMAN GOEHRINGER: Of an objection. MR. PEARLSTEIN: You sent me a copy. CHAIRMAN GOEHRINGER: Mr. Horning? MEMBER HORNING: Sir, you bought the shed and you were not aware, you knew you didn't need a Building Permit at that time. MR. PEARLSTEIN: I was assured by the Vendor that the only requirement was that it was less than 100 sq. ft. floor space. MEMBER HORNING: Right, OK, so then you put it in your side yard - MR. PEARLSTEIN: Yeah. ti a `'•e 6 - March 2, 2000 ..`oard of Appeals Hearings r: / MEMBER HORNING: Because.you didn't know that you couldn't put it, is that right? MR. PEARLSTEIN: Well and I certainly can't put it on the road side, there's not enough space, and I can't put it on the water side. MEMBER HORNING: Well that's what I'm asking. Why are you saying you can't put it in the rear yard? MR. PEARLSTEIN: I think that our deck is on the road side is as close to the road as any structure can be. MEMBER HORNING: Oh, you're calling that your rear yard? 11 MR. PEARLSTEIN: The rear yard is the water. MEMBER HORNING: Yes. E MR. PEARLSTEIN: It's the beach. . ) .MI MEMBER HORNING: Right. I'm asking if there's 120 feet, if you didn't know �? you couldn't put it in the side yard, how do you know you couldn't put it in the ; back yard? MR. PEARLSTEIN: Well I just think that again, esthetically I don't think I want it f on the beach. ii, ii MEMBER HORNING: So that was an esthetic choice is what you're saying? MR. PEARLSTEIN: I guess so. CHAIRMAN GOEHRINGER: You have to understand that this is like the first hearing or so, that we've had with these situations that occurred after this change has existed. We're just learning to understand how the situation came to be, you know, just so you're aware of that situation. MR. PEARLSTEIN: I am. CHAIRMAN GOEHRINGER: OK, we thank you and we'll see what else develops. ) 1 MR. PEARLSTEIN: Thank you. CHAIRMAN GOEHRINGER: You're welcome. v -.�i; e 7 - March 2, 2000 oard of Appeals Hearings MR. PEARLSTEIN: You have that letter from one of my neighbors? CHAIRMAN GOEHRINGER: Yes. Do you want to comment on that? MR. PEARLSTEIN: No, only to say, that he hasn't shown me or anyone else, how my shed affects the quality of his life. CHAIRMAN GOEHRINGER: OK. Is there anybody else like to speak in favor or against? In favor? Against? Anybody in favor first? No, OK, Sir, Ma'am, both, kindly state your names for the record, that's all. MRS. LAMPEAS: My name is Vickie Lampeas and this is my husband, Pete Lampeas. BOARD SECRETARY KOWALSKI: Just spell your last name please, for the record. MRS. LAMPEAS: LAMP EA S, and I am here to represent my father, John Chihlas, who is across the street from the Pearlsteins and I have a letter here from him, which is notarized that says, that we can speak on his behalf. I don't know if you'd like me to present you with the letter that he wrote? MR. LAMPEAS: Would you like her to read the letter? CHAIRMAN GOEHRINGER: Sure. MRS. LAMPEAS: OK. I submit this letter as my written statement of disapproval and objection to application #4780 Lawrence & Josephine Pearlstein. It is my firm belief that the rules and regulations of the town need to be upheld to keep continuity in our small and beautiful community. Variances should be given for reasons of necessity and not for casual conveniences. Mr. & Mrs. Pearlstein should be asked to adhere to the law and move their shed to an area that meets the town code. That's eliminating one more deviation from the rule to guide and insure the continuity of our wonderful community. I am very disappointed that Mr. & Mrs. Pearlstein applied for this variance especially after reading an article written by Ms. Pearlstein which appeared in the January sixth addition of the Suffolk Times. In this article Ms. Pearlstein further highlights the importance of adhering to the Building Code, given that dilation to these codes result in a negative impact on the beautiful, on the beauty of our community. For your reference attached to this letter is a copy of this article. Thank you for your support on this important matter. Very truly yours, John Chihlas. CHAIRMAN GOEHRINGER: Thank you. Would you submit that. Could you just tell me on the map where your father lives? v . !) ' , �' - March 2, 2000 ,/Yard of Appeals Hearings 1 ` MRS. LAMPEAS: Sure. :A i a eas is showingwhere Mr. CHAIRMAN GOEHRINGER: Thank you. (Mrs. L mp 1I.. Chihlas lives.) OK, thank you. I appreciate it. Thank you very much. Is there + r r.. anything else you'd like to say? p MRS. LAMPEAS: Actually the only thing I'd like to say is, that from what I was t`. understanding, bringing it closer to the house, is not really l'..t. CHAIRMAN GOEHRINGER: Anything is an option at this point. , MRS. LAMPEAS: There is a lot of room you know, in the back of the house before the tide mark. So I was just wondering if that was something you would - °' MR. LAMPEAS: My father-in-law is completely opposed to any structure in the .. back yard. . CHAIRMAN GOEHRINGER: I see, OK. ';x, MEMBER HORNING: Does this shed obstruct the view? `'' MR. LAMPEAS: Yes. CHAIRMAN GOEHRINGER: I just want to make a generalization on that. As I G�: you are may be aware or may not be aware, we are not here to deal with the ':'?•• water view aspect, OK. The questions and the statements, I'm sorry, the statements that were made within the letter in the embodiment of this letter are y certainly you know, viable reasons, and statements, there's no question about it. ;f But we just cannot create water views or not create water views based upon 1 these objections. v: MRS. LAMPEAS: Actually I would of probably said differently onlybecause ,„ when we're from the street, that's where it would block any people, any ` ` pedestrian walking by. I realize that this isn't about view and if you were to see d -.: any view at any point from my parent's house, you could still see over the shed, ,,, so that's not - i': f : i Z1 MEMBER TORTORA: The initial question here is, in an area variance such as 1: ; • this is for this Board to weigh the benefit to the applicant versus the detriment to the community. You obviously are the community and whether it is a detriment, i . a visual detriment, an environmental detriment, a health detriment, they're all _`: detriment, period. If you view them that way and if this Board agrees with that �,; f 'c• 1 c view. So my question to you is , how can we work out a compromise with the =� I,. Pearlsteins. because they're your neighbors and what can we get in a way of a fi compromise? r }yc eg - March 2, 2000 • ,T jgrd of Appeals Hearings 'f,., MRS. LAMPEAS: Well I think by adhering to the town codes appropriately. feel that speaking for my father, I know that he's not the only person that feels this way, about this particular structure and you know, I don't know if the exact reasons of other neighbor but I do know, that it's something that is not visually attractive and I think that that's why these particular structures aren't meant to be in the back yard and you know, to anybody that walks, any pedestrian that walks by sees this and anyone that drives by sees this, either where there use to be trees and bushes that were cleared for this structure. MR. LAMPEAS: And it was also clear to me by Mr. Pearlstein, that he doesn't want to look at it, but why do we have to look at it? CHAIRMAN GOEHRINGER: Wait Mr. Pearlstein, we'll get you back up. OK, we thank you very much. Is there anybody else would like to speak against? OK, Mr. Pearlstein, you want to say something? MR. PEARLSTEIN: I had no problem looking at it. I don't know where that came from. This idea of putting it on the beach side is, maybe I just presumed that couldn't do that. Now, I seem to be getting the feeling from the Board that it would be permissible for me to put it on the beach side. MEMBER TORTORA; That's where it's legally suppose to be. MR. PEARLSTEIN: Well I thought they were environmental DEC reasons not to do that but I guess I was wrong. MEMBER COLLINS: He has enough setback. BOARD SECRETARY KOWALSKI: You still have to apply for it though. MEMBER TORTORA: In other words you've got 120 feet to the high tide mark. CHAIRMAN GOEHRINGER: They have jurisdiction up to 300 feet though. MEMBER DINIZIO: You're still going to need a permit. CHAIRMAN GOEHRINGER: Well no, you need it in the way - MEMBER DIN IZIO: Yes, you have to go, have a hearing, and you know, MEMBER TORTORA: For what? BOARD SECRETARY KOWALSKI: You have to go to the DEC and the Trustee also if you put it on the beach, on the water side of the house. • Page 10 - March 2, 2000 Board of Appeals Hearings MR. PEARLSTEIN: I have to get what kind of a permit to put it on the beach side? CHAIRMAN GOEHRINGER: You're going to have to have the DEC probably waive the fact that they lack jurisdiction or that they waive jurisdiction. MEMBER TORTORA: I don't think you need anything. BOARD SECRETARY KOWALSKI: 75 feet. MEMBER COLLINS: Everyone is talking at one time. BOARD SECRETARY KOWALSKI: We check with the Trustees then, you know. MEMBER TORTORA: You don't need a Building Permit. BOARD SECRETARY KOWALSKI: Trustees have jurisdiction - CHAIRMAN GOEHRINGER: Why don't we do this at this particular time Mr. Pearistein. Let's ask you to investigate that aspect of it in reference to putting it in on that side, OK? During that period of time, we will go back and do a re- inspection and look at your rear yard area which is the area toward the water, and we'll have you back at the next hearing and we'll ask you what you found in reference to additional permits that may be required. We'd ask you to call the DEC and' call the Trustee's office in those situations and then we'll know what the situation is. Would you mind doing that? MR. PEARLSTEIN: Not at all. CHAIRMAN GOEHRINGER: I thank you. Anybody else? MEMBER HORNING: I'll make a comment. I mean it could possibly be put back of the proposed 1-1/2 story frame addition. CHAIRMAN GOEHRINGER: Which is now. MEMBER HORNING: Pardon me. CHAIRMAN GOEHRINGER: Which is now built. MEMBER HORNING: Which is built. It looks to me like ( ). CHAIRMAN GOEHRINGER: OK. ...` ' Page 11 - March 2, 2000 Board of Appeals Hearings MEMBER TORTORA: Or if he went both ways he would be out of the Trustee's jurisdiction by coming back 80 feet of the 120. BOARD SECRETARY KOWALSKI: That's right. MEMBER HORNING: Right. 75 foot is the difference. MEMBER TORTORA: So there are a lot of options. CHAIRMAN GOEHRINGER: Alright, so we'll be back to re-inspect it. Any questions Mr. Pearlstein? No, OK. We thank you for everybody's input and we'll reconvene this hearing at the next regularly scheduled meeting. BOARD SECRETARY KOWALSKI: Could you just give a date with that? CHAIRMAN GOEHRINGER: Yes. BOARD SECRETARY KOWALSKI: April 6th. CHAIRMAN GOEHRINGER: April 6th. BOARD SECRETARY KOWALSKI: Do we have a second on that motion? MEMBER HORNING: Second. CHAIRMAN GOEHRINGER: All in favor? See Minutes for Resolution NOTICE OF 1 - I PUBLIC HEARING L ) SOUTHOLD TOWN STATE OF NEVA LORK)BOARD OF APPEALS THURSDAY,MAY 4,2000 �- - )SS: NOTICE IS HEREBY GIVEN, i COUNTY OF SUFFOLK), pursuant to Section 267 of the Town • ��� r-- Lkj I‘ `k s of Mattituck, in said Law and Chapter 100 (Zoning), Code of the Town of Southold, the County,being duly sworn,says that he/she is Principal following public hearing will be clerk of THE SUFFOLK TIMES a week) a er, reopened at a Meeting of the 9 y newspap p SOUTHOLD TOWN BOARD OF published at Mattituck, in the Town of Southold, APPEALS at the Town Hall,53095 County of Suffolk and State of New York, and that the Main Road, Southold, New York 11971, on THURSDAY, MAY 4, Notice of which the annexed is a printed copy, has 2000 at the time noted below(or as been regularly published in said Newspaper once soon thereafter is possible): 6:30 p.m. Appl. No. 4780 — each week for weeks successively, LAWRENCE and JOSEPHINE commencing on the cg-n41'` day PEARLSTEIN.This is a request for of `1 20 00 a Variance under Article HI,Section 100-33 based upon the Building ' Inspector's November 26, 1999 - 1 ) i 1 p Q Q , Notice of Disapproval regarding an V • I/�J/"� ' application for an as-built accessory Principal Clerk storage shed located in an area other than the rear yard. Location of ' Property: 2225 North Sea Drive, , Sworn to before me this (Ru = - - y-T day ofy1l 20cb CHRISTINA T.WEBER Noy Yak il WOW In Wok m « o0 ly 1 caa?i2ol ill .. NOTICE OF L_ PUBLIC HEARING . STATE OF NEWYORK) SOUTHOLD ' ' TOWN BOARD )SS- OFAPPEALSCUNT (•F SUFF I,K), THURSDAY,MAY 4,2000 . LQ I'\ E ( ( 1 t S of Mattituck, in said NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town county,being duly sworn,says that he/she is Principal Law and Chapter 100 (Zoning), clerk of THE SUFFOLK TIMES, a weekly newspaper, ' Code of the Town of Southold,the published at , lattituck, in the Town of Southold, following public hearing will be �I County of Suffolk and State of New York, and that the reopened at a Meeting of the SOUTHOLD TOWN BOARD OF Notice of which the annexed is a printed copy, has APPEALS at the Town Hall,53095 been regularly published in said Newspaper once Main Road, Southold, New York each week for It weeks successively, 11971, on THURSDAY, MAY 4, Commencing, on the cQ, da 2000 at the time noted below(or as of ��r1 \ ®�� y ' soon thereafter as possible): 6:30 p.m. Appl. No. 4780— ( f LAWRENCE and JOSEPHINE L` PEARLSTEIN.This is a request �T , for a Vanance under Article III, Principal Clerk Section 100-33 based upon The - c�� p�� Building Inspector's November Sworn to be ore me this OC 0 26, 1999 Notice of Disapproval n regarding an application for an ! day of tl'�,l�' 20co as-built accessory storage shed located in an area other than the ' s' rear yard. Location of Property: 2225 North Sea Drive,Southold, CHRISTINA?.WESER NY; County Tax Map Parcel Notary Pubic,SIl1eofNew Yolk 1000-54-4-23. No.01WHES4554 The Board of Appeals will at the Qualified h&dolt County above time and place hear all per- Commisslon December13,f I sons or their representative desiring br),65\1,00 ., ,to be heard or to submit writtenV�/ statements (before the hearing is concluded).The hearing will not start earlier than designated. Files 1,.'� are available for review during reg- h ular Town Hall business hours (8-4 - , p.m.). If you have questions,please ; `,;'r do not hesitate to call (631)I 765- =xr •, k` 1809. = .'-, Dated:April 17,2000. _ GERARD P.GOEHRINGER, --L CHAIRMAN moi•_ -�� _-, 2 =_--"i SOUTHOLD TOWN & _ BOARD OF APPEALS - Town Hall '` 53095 Main Road - Southold,NY 11971 _r ir 1284-1 TA2,7 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT V 0Sstf/tjn/ 9-i &TE-Ml OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 61 - V - 073 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, v1-0 /a6/9-ecs 1,'J residing at y2 ZS /Vd-S .n C58u-`10 Id , New York, being duly sworn, depose and say that: On the o?7 day of Cinn // , 2000, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be /nay y - 2A3?TO / IT, (Signature) Sworn to before me this -�-� day of Al et-y , 2000 . - Ia LINDA F.KOWALSKI Notary Public,State of New York No.52-4524771 17C/_A. -) /itQualified in Suffolk County (Notary blic) is Commsion Expires Nov.30,i .'°D 6 *near the entrance or driveway entrance of my property, as the area most visible to passersby. 111. i 1 u . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of / AFFIDAVIT 10.-Wen ce_ -/--V OS -,'9L'ne -, - h OF (Name of Applicants) ' MAILINGS CTM Parcel #1000-S - -23 • ----------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 4in da.. A4c6c15-lam- residing at /1 /997i izt-c-s � , New York, being duly sworn, depose and say that: On the " .day of A,,e-h L , 2000, I personally mailed at the United States Post Office in cSouT,SLoL p , 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 pg Assessors, or ( ) County Real Property Office , 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. ,i'it 2c-'7p?�r/G!tvJ-c.-- (Signature) Sworn to before me this c'. 2 - dayof ,,joie;L , 2000. J 4... MARY ANN CYBULSKI Notary Public,State of New York C� Residing in Suffolk County No. 52-5895900 (Notary Publ ) ' , Commission Expires April 30. 1-9_. " 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. i 1 rw\ l Mr. John Chihlas 2250 North Sea Dr. I also wish to receive the follow- v SENDER: trig services(for an extra fee): ai N ❑Complete items 1 and/or 2 for additional services o Complete items 3,4a,and ab 1 ❑Addressee's Address y N ❑Print your name and address on the reverse of this form so that we can return this u card to you or on the back if space does not 2. 0 Restricted Delivery N 13 Attach this term to the front of the mailpiece, ,� 'OW- Permit ) :9; ❑Write'Ret rn Receipt Requested on the mailpiece below the article num er 0 i I c ❑The Retur Receipt will show to whom the article was delivered and.th -1e�"7. mbar CC 1 y delivered -w-' , p �5 c I cr I 0. o , i a 0 1 v 3 Article A dressed to ��),s C/ ;'�'j% Y d `1 Ili / � -- X d • i m rvt( I 4p�14b SeNic, y =` ertified �I c r 6�. �j D ` a Register=.�:�+ ❑Insured c a 1 y a) 0 - S Mail 3 i a) 1 �/ ; �' r II W ���L`H I O r (� Q 119 I % ❑Ret �;j"cetpt or Merchandise ❑COD p� (� !..te of Del •ery ' �' 1 ccs � � a• ci h Z I Lf)( j-S CIC�Z , .'"8.�ddressee's Address(Only if requested and F w 5R-ived By: (Print►ame. 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N 0 0 0 o c 0, "a c write°Return Receipt Requested"on the matlpiece below the article number a-' o P C� a � ...Sc ❑The ReturnReceipt will show to whom the article was delivered and the date 2- y-� a, `p � a k' o delivered .� m..... m▪ FA ° 2Erj U 3 LL i ate, 3 mA�rticle Addressed to. / I_ 4a Article Number a"r o CC a c ij 7 o �/m �.°' a o Mr.�n Y1 �l1 Yl l� S P 19.9 a 9 ems c Cl) o o a a u o �Y I co 4b.Service Type z o z 5 U Q�` e�' 0 Registered CertifiedCC I+ w ❑ Expres y?i.:`��®�� ❑Insured CC cnco cn �+�+ o 1 119 ❑Retu�'"- i orMerc .7 COD a / / / 7.Dat;.of Delivery o ix i APR 2 6 700n i Y F 5. elved By: (Print Name) 8.Adc,essee's Address(Only if re nested and c ¢ —4-0(74/1,- C/1!/744-711-S, fee p� t -A R 1- 1 c 6 Signature(Addressee or Agent) V�� w ��l a N PS Form 3811,December 1994 102595-99-B-0223 Domestic Return Receipt 1 �� � � AFRI IVO .Z,1 A S/16,e171 Se" ,D,e,�£ Sov74-0 ,_®, /V. y //77/ 1I71l2il, /0, d-da C6/eiti e,o P 60 e ye//v6E/e S'vv770L.0 TdCvn/ ,c90194?, q eui c 6" 30 9.S //7/9//1/ ,e a/9-U sOu7i`1oLv , .4 /. /117/ OEfie ()7/e 6 o /A/6.£:e ekr d ..eofrnv, IST 77fE- /9/3',e/L 6 #84 / 6e '9 ,E4 ,70 /J7 o cry 0(JX MI .0 To /9 S/7-� 1,41///C 7 , 0 N Tv e 771 .e //v,sPEc'7o/✓ 6"E E m s /127/00 5si61.F . To 77V c,e' /T /A/70 /nE 77/6_ /110eTfu/fS7- e02/1/6,4 , P/9/e/3LGcTa CAS E- (.100 412 -ooe412 ilfg Ce SS/779-7-C- �,g-�77y /rJ 0 v/ov6' / '7)/9-/v> C(/s Ic /_ �� / s,/vo Do/res. / 7 vaoiv E 11 S//r)PL£ f77i9T7Ee %Z /J7 o v E /T e Los E 77) 19-7- S/l E. /fid !/SE / CIA S/STS'N T W/77) s //n/L/9-,e_ ,/ovs&S /nf 7 A!E/6/x,8okJOAO ' 17,e• CN//-HL/id GoavI-4 ST/L. /,1/9vE /71/S W/91£kV/Fd. 71,*- /e coo U ,o,e 'a cJ,e Pi9-77 we E . / -/ /ncEEEL5 „LE/9- E /e. To / ),4L0 TSS Al /,/LE • NOTICE OF PUBLIC HEARING - SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 4, 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 public hearing will be reopened at a Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 4, 2000 at the time noted below(or as soonthereafter is possible): 6:30 p.m. Appl. No. 4780 - LAWRENCE and JOSEPHINE PEARLSTEIN. This is a request for a Variance under Article III, Section 100-33 based upon the Building Inspector's November 26, 1999 Notice of Disapproval regarding an application for an as-built accessory storage shed located in an area other than the rear yard. Location of Property: 2225 North Sea Drive, Southold, NY; County Tax Map Parcel 1000-54-4-23. - r , 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: April 17, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall - 53095 Main Road Southold, NY 11971 NOTICE OFfPUBLIC=•HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 4, 2000' - NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town_ofSouthold, the'following public hearing,will be reopened at a Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road; Southold, New York 11971, on THURSDAY, MAY 4, 2000 at the time noted below (or as soon thereafter is possible): 6:30 p.m. Appl. No. 4780 - LAWRENCE and JOSEPHINE PEARLSTEIN. This is a request for a Variance under Article III, Section 100-33 based upon the Building Inspector's November 26, 1999 Notice of Disapproval regarding an application for an as-built accessory storage shed located in an area other than the, rear yard. Location of Property: 2225 North Sea Drive, Southold, NY; County Tax Map Parcel 1000-54-4-23. , 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: April 17, 2000: ' GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY11971 ' OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631) 765-1809 Fax 765-9064 i7 April r, 2000 Re: Chapter 58— Public Notice Requirement- May 4, 2000 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 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 listed on the current assessment records in 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 Friday, please complete your Affidavit of Mailing (copy enclosed) with parcel numbers noted for each, and return it to us with the white 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, 4/27/00, and therefore must be picked up by you or your representative some time between today and April 26th between 8 to 4 p.m. The sign must be located on the property no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file. When convenient for you, please 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 hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures -- L . ,,,,,,,, , J . pEARLsTEIN AV. - 0 . , , , ,_ , , , Sh i I . e . . 4,0 r a . . ,. , . .. „ ., ,... : .. ,.,, kr:'. 'I '1 • ' i 13, ;- 4, 4 - c A . "rt,, ht: tit 4.4 1: Pt I!" ,f , . ' ' tt }., „„ ,., . ' , JIJ ., M , f; lAt, ;„ , t .: y 4 , 0 .1 6 . 30 , . MEE PM § 100-33 ZONING § 100-33 buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L.No.2-1991] (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three(3)feet from any lot line. iii2_,2_414Te_e„ dill On lots containing more than twenty thousand(20,000) square feet up to thirty-nine thousand ninehundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to • seventy-nine thousand nine hundred ninety-nine (79,999)square feet, such buildings shall be set back no less than ten(10)feet from any lot line. (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty(20)feet from any lot line. C.6 In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided Ifthat such buildings and structures meet the front-yard 1 t� setback requirements as set forth by this Code. [Added 12-22-1992 by L.L.No.33-1992] 6 Editor's Note:Former Subsection C,regarding percentage of occupancy of required yard,was repealed 7-17-1890 by L.L.No.14-1890. 10053 2-25-97 . w ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of 1A itf gfiv AFFIDAVIT pwlsre/A) OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- S - - ?� COUNTY OF SUFFOLK) STATE OF NEW YORK) I, L tif R N Ir PW1-S%eI N residing at 2..a3..0 N o f H S i iff s®lii-1 0Vb , New York, being duly sworn, depose and say that: On the 6 3 day of a s flq , 2000, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, Och hearing Ateyvay. shown to be giAintr,4 rAttG t (Signature) Sworn to before me this ,-S day of/ , , 2000 . ELIZABETH A STATHIS NOTARY PUBLIC,State of New York - No.01 173,Suffolk County 1./ Termm Expires June 8,2020 ep (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. _ , , - 40/.1.2„e 45-7—z--.A/ FOR BOARD AND STAFF USE 4/7 8a Updated New Information .1 7/cru, e, _2, - oit.e.,.. .-.., ' /6 L4- _..i.__.,:,--, (___ ..t.„...,..,......., _.•,,f,e...,,,,,i/x.) j , D/_ ice,._'. cx` „ "—v /27 CO IC- ; / 61adc,, , f D -I- co.A.1-; i-ui,,c_C:- `i�(a ls. /�., -.-u-�� �.J 6"`e ,L ;�/,�� a� 1l. _ �� �' ! l ,_ � -�' ice- •� .r�i.!_y___.tL, ��� s •_� vy� . 'f i. tp M © 1E 11V1 /. , \ ejou.c-k e..) pi t ty -, 11- _PUBLIC HEARiNGS.:,-, i Y _t'�,; SOUTIIOLID:TOWN.�'F# .'- : :BOARD OF APPEMS.;;< STATE OF NEW YORK) t: .ITH[DIRSD Y APRIiit►,20�;, )SS: r`4 1 ftitie~ ixEiilr iWGIVEN; COUNTY OF UFFO _pursuant'td.Section,267 of the Town V ' LawandChapter100.(Zoning);Code Q Q/� ( � (S of Mattituck, in said or.theTown of S�outhe h ld for w� county, being duly sworn, says that he/she is ming`-'?)icatiiIiiNilli4Lbeld foil u li�: eersbyiieSouIHQD- Principal clerk of THE SUFFOLK TIMES, a weekly F-TOWN,;laOA,D"OF‘APPEALS'at newspaper, published at Mattituck, in the Town of 'i-the:iti:4 R7.HaU z'•5?095,-,,Ma fi?ItoaO; ''Southo „ veW z tprkr..iA, ; ;Qn;, Southold, County of Suffolk and State of New York, THUInSDAY,`APRII,,sb�:?•OOdI'.1y tl�e.- times=noted'beio41 =. _=- E. s and that the Notice of which the annexed is a printed 1. 6:l5=pm AppLNo 4798—J0IlN copy, has been regularly published in said Newspaper ,eared f A; ,cci�I.SKIrg.EA A,:: once each week for ( ' weeKs succes- .�Trequest.;�or�ape�lal;Exceptjon;to;, establish':'Accessor•y. .Bed; Ina' SIS/ I , e�ommen ing on the ' .''')1'4. , -r day Breakiast;use fl'conjunction,witti" Of 1 1 \Q 20\Jl I• owners'residence ias"provided,diidei' c Article lni,'•Secfion:100-30B(1.4),ofV .66/��-'\,, ;'the',-Zoning=1Coile`>;L2eation--of %.,/ •I-Propeity:- 930,,OleyF'Jute ;L+ane, •f;Ivfattit ck;'' Y;'Coanty`==Taz,-,Map incipal Clerk .Parcei1000-I-l4 2-l3.7:'� ` : :2o'p: ..; Appl;.°No.{4?9 =,Y Sworn to before me this (33 r_ t 3 iOiiii-A . `rAYLO�t03ii4 s.,,a;.; n� Ei;.reyuest:foie ariancesunaet:`:'`,Aifi le'�r, day of S r� 20 00 •..X Q\,,rSOtion l 244B;and Article (',pIII A ection`00-=` °A based uupo4. c R �T.WEBER etithe ii diiig4)00 tmeiii'sZ'eb it" I p� aF Wew Yorc t'7 o'tice ofF isipprova'land•a. N0.01 �� -..03-1.4._-idiiigxperi►#app ica`tion tO,1ocate:- dhSuQokCatntY I ,(a) proposeiFaddition��-'to" welling, Commission t6S December 13,? ?:non educhonjk p.j.:,hea 4'sii10 i �, _ , \( tAdfxr 4rrioiicopforiili..SAIR?yatds;,,tp,,(,_) l�f t"(J''r'�,(tt�.�• -I pi o stocate-porth99 -,.., ion oficga--.--,-- ' partly fim,:a�;s de:yard:;.L•ocahon:of", iii44.4140a41-Y;WArtiqe.'*1)1.1 .+Proper-ty. 2755•.Westphalia?Road ,l, -,ff.. .,:: -'',;2.,W.,:+-Si?-71: Y- ,ParcelA, 1 , 44•7 •ei A ;;rt 1110,30 1nsai Article' -...,-,111).- �x „,,,,,,,,i,---,,,,,,......t.. � .� ./ �..�Buildin Uepartmetitsl�arcfi;,2�20,p0r_,- ,,A{_)i,.. .#�'-:,,_ 'i'r, - .1112.JkPp'1:t 0. #14w,-5.5,E-...c 7;b1.., g = ai", [ 'Avv E „s , ,, b `r Noti of D approval and jail 1pph Section L00-239 A)(2)z based: pon I '1it E 1*-111 JOSE --I�IIIVE'+ii ''i;''.1 ii -•.{:.- PIrARLS-TF yN 4iti ; - cati,; µ .epart t 's%stw.o �,_„ratio 'f r abuilding emit to]'mate;,�-the,``;;;Buiiding'• m i�s_ s, l<_. 01T1.at19.1 f4 oij►j ,. ti, ;- z s }. " r . ateFl Ri Mrch2;20d0'^I egdes't foraapproyal rn'Proposed°poo`l;at;less than 100;f„edt Notices SDis ppro,aal :',-.Iii-,shad ki atiio t 222%North Se =3 from the top(or-crest)'of;the bluffk;t Januar ;242000and an;.applicc itib i` t=3 Drive;ISouthold 1000 -4 23; ;� . i 160 he:Strand '-Pe1i)ileci Beach L:ot vw fora•building permit`to locate a pro tc f � rbs• yn�.-,t yvu. A' �1, �i�'a• 5 ,7, m No O 'T4` o-137�z ast”}VI non`y .arcel,•s; ose deck. additionr,toaadsxclliitg r#•n AN A y 1`000- 1`5=7 4, .rf wl%c l;exceca_thc 0%to over'-.. nh*AlNDRE IVIOAI t$17tts 4; ;84,-d at a-6- ..t :;..ffin..5,..;� -N. 5 :,,.. ;request-for.iaVariance-under Artl_cle .L4','6 I;p m: ;Appl: ;No 4795 - -age jimitation�of;"the Code Land iocat, e„,,,"`,=-"'”" �-"4.'''"""* BRIFNZ' 'wTliis'is a nd a't less _an"100' et�'from the'o "=IIi;�ecZion'-100,-�A snd`-`,`100=�1C(1),���_�,: .,,,,.��,'-. �"n� +�-- �-- �._'� �.'inisedx y_ upon ' the Building`1=requdaTiesr ana)iec�tt de"_ .rticle tr�:of tt e.bluffo r, bannk ofI e� Loi _ jDe a en ebrua 9"Y 2000', g _ II Section 00-239A-kA(11) ased Isla9d;°lin tion;.n Pr per .ti ?of V' �iw-,,�-1-v� 'pont 'e"" uil i`g Department t—, •x555_85'Cou 'C �o d,48 aI N IQo"rice %l5VA'r'?„.elti.,„,1-19Lt111,17,iatita t= _d a_ 'Qh e i j n'-"R . 0 - 6(t6li<z otice^.`o a :Road.�,'Gre po f t ax`,Map( plication forg. _ .F",,, - '`ss -.,- s..t,, n , ;-._ -,•.•.. �, . ,..., a L,:a oval and�ac application r m wPar'cei No i10OO 1 �< '„'I1Cstni,1%�:ts "ra a .i`din :=elated^to .,tl� - ;:.= f' '',,'. Ikv. :� v S;;�t buildin t It:0,41giate; }new sin, 11.;2. 705,.='.j m.A pl o -•1J{ F'; SY�;applinf=oivn' „p'_�o �'agncul.�,;� .�$:Pe .•. �.,.u9 ,...�' E ,aural rise{o" the bpert}j ?Locatio� �°le=a il- da lli trless't a 1 FREY GREENt his rs it' iessttfor t�no'_-•;.8 '` to i;•,. :ate Q : ;Propefty:'°'630'1,Wabass tsStreet Meet o :'th€�:baink(orrb'tu �of=th -, 'a�»Var an„ Mindy cle '--- tithe d- YP ir,e, -o 4000 7-3 .4 Ong 'stand.5ound: Location of„ "'-,e-.,.._Section 004 94413 sed upon;-the; �, }, .p 4111 ric iTPropertyy`:LL 1• ^oi the map,of:Lands .3.4 Building Deep amen,tsMar ,.,00,0: a ;, #�, <<yi i _ -'t ::,u �,- 3-, Gam•'Oft Iia r Y U n xs mss' :. ti sid . c.� ,. . ,. ;, nd a o Y 240 Latta 0'n A p.P b nd1 n V-4711 idea talo sai3.', �; „ _: x,�,,.,,•�: 4 c am'"• z v u,i f N 't '' m '' ' Lane n u ty a Parce. �.t ti ora"buildin pi rmit it coca e`° �;,_ ` p pmpt pl, Ilipiso�a-=s.N �+ F+e, ,a.. p ;t � �' ho itte 1000-15 9- • ;t �;�: -;deek.at ess ffi`an 7S,fee i`th , �`NAI� .t :;:�iis� equeT, .a ,r, .� �, �` -�-,�:�'�.�-- x..s �.:~ � ,�- �_��-s.,., ,�, "..ztCiVi� �• A Mfr ,-� .55- ,,,.,,,,...,„2,-„,,,,,,;,-4,,,--„,-.`I° o791'— O *1 extsi n b_iltJ egot4''a6 S0 Ifo 4 anan nd,,,,A,-,-Iiii id xCIII ,� = ., , - ',- ,g;., t •: a . 4 'h ur�ZIKIS 'This• ala�'requtes ,r-t; :,:' '�s,_ A, w '''0` '1QQ=2� ; k-s p, 4,t -4-'0,,i4.4-!-:'"We-,—fSee age rim ,Y r'< :, K�jig .. nanceunrue e- ;�ae tion := 9 ,, 7 Yy,.:0 "t'Y J3 ;r: . --... .l< � srx� - %, 41 t w Q ';',, -%,.-,a�,3 pt-s•_ !,-A,:.,�;SF, ..-- i,,.”"*ter'-„y. C".lt;-;i a,,.r e v 4., ,,g Agav- �`� .:� - ' '`c V a%4:�,;,,k- ,riif,3='� ., m-- -, *,- 44 4% r.-A `" "?� 9 ;gvf�,�� r,:;{• s,P %„�-� rte'.'�'�"- � �� �.,..•��.l '�5..=. '''�€.i�" ' ''-�+�4f>-��-�3,�'G�i? y *�F.cr."=;.;� 71:` rc„"e*`_ rw`«'�''_'�.w�°!i„s�T z:'�i�'" �, �n��`t�i�x^-"L��,��.r4'r .F..•t �� �,1*'oR'�>.«�+. t, v ..T.c!`u T ty,A-ha 'tJ;s`M'lt,'i', J".< nY.,..4 Y� a F ,�,•�;-Fz � *, tom` '"`:.� �"3�;� 41,,,W-417,470,4116:,� � '� = »''Si,s cr. :; -.g-. r .e�i:t,�z7�="��„ z'x'�'�-' z -S'y5 ".�,,.s.;w�4:A•in.�'F�r«'",..,,. ti �?-.��"-w�'�.G t r %_ �.. ,� k��t�» � r,•• ,�.�...�,.���..-5'��,�c•'�,,at,r'q �,.r�x4�oy �:•,,,,,� i�'':��k `f'�`. n'` �t '��. a,; '4��t„'�.�'N it a} � - 3a'",. �''�c"- �,��=�- •^?"z � ,k`��v:,.._�.,z�• I1:��4°-, ��.,... �.5:y.,�su.,.;i:7�+:t,�awEa L4'i�'w�.t'7���iwa�'+:�.`3a:S..`"s'L'sTnW wY�3r,:. �.i.r.; ... i _ ,L. Ca.A'(.S,° ;' :7:40 pnri.:;rAppi.;,No.*'4799.:._ ►From °"° 5 ASTRID-.CA'DDIS. A` 1ieal r ' previous,page':-"<;. •'u°;,_f;.' Pr Attice ti WiIliainsburg Drive,°Southold,`;NY ,.,'',1Auests,-SecVaKtion 1-.;:,under,-,Aiti le. 'Parcel No.1000-78-5=10.= '.:3,!-.:''''.' 'XXIII,;:Sectior1,3;;100-/3914B7•;and, Article -XXIV,Section 100-242A, 7:15 pm.'App1: No. 4794 — based upon-tile;Buildin Ins"eetors 'MARK LAMPL.'Ihis is a request for _Febrgary.29 ," t� g p sunder .Article . a p li g,,c ;'`of;. `a_Variance �XXiII, once Disapprove i"ucl'ia m 'Section :239•4A 1. b - I,ti ot'a•:,,i1 caprop sed '100= ), a,sed.0 on T .• �,eW,.,a�i ' the Buil'din yI)e ai•fine P f -;•building�pei9iii=�torloea e� rdposeit`�; z 2 , Buil g` P n{s*January nl ,.;',dwell ng�r-a„dtt 0 :3.7.The q ro ose` 1 vNo a.,,, ^P d;i tide.ofJ?isapproval and F o vi r� P' additi n:}{l tieaess;ttian".'7eet:ft^om'° ;,;{an;application;fosa,building permit -1 %the- u a a,z"�an �'1�`sid y- ' w ,bulkhen Fend-illiha've d-6 ar` , to,locate a proposedswinlming,pool: at 1 `�•°x`K' �..4 9 gnu 3" at'less t :okf 0,.541`haii tl>~`vs lmsg 14 J 1non hen the existing=66t,ft.-non- nfor to r" rt,.;, ,. ;,°_` ''--eonf,nnit�LO ahon;o ro"ert : "conforming setback froiii'the`bluff of r ;7020sGreat L.co cq`Bay l E" Yep • I''-theI.on `Island Sou -( sl; tel, , '�, nt a'!' ' 'ec 1 �; S nd. Section 100- ,. I�7tl'„ `t`#'J°ax�M-srr�b•�4 ci, 239:4A of the:>Zoniri .... c* Y"4: , ap 9.9,l 'fora onipa`ckAde:pro�vjdesa,_ No:t.1.0030`I�L611J:=A4*-��s7','� `,;'; minimum 'landwaizi r" No �' of ;47;50 .m:�A `existing principal:dwe1li 'or P Pp1.• MUD =}i$O]t n ' MWDi:'flii5,is a imum of-100 fee%from the,lop of the~ e e; :bluff:)Location'of•property' 2 F III.a cti00%'''".' nce;-—Co,tl e 3' on the Ma Lot 1 7' -I I;Acspon;l00.33 ,,based•'tipon.the p:of,Pebble:Beach;,also. Bu" , , 10, d,Wa Eas gI?eparfinen[?sye'ruaryal, ? "known a ,9• heStran - ��"�in bl -, Marion,; ,Count Tax Y '" ", Nonce Q'"t';1-Disapnroval't=au'd an r_(, iNY- Y Map Parcel- w't,`a °licatio ..;gym! 1000-30* ,::::_ -.,- . t?P. ,., n£o� 'mulch/1g gip,,,: 39 on ,r.locate'aa, cress noun ,r-v-' 17:30 p.m App1:�<No.;'.'0803.,,i",.6;::? < kmairi •o• l and de'k 'ri.i s th r �JAIVIES;11fESKgURIS;& w �Y" g'P°Ol ..d7dee 'titian:area<btlt` 7 «, ors�'I21i,i . . than`tlipulr_ed%r >ar_' a n ,f;,{a,requesrt:foriRelief;fr•oiii C rop rc3 k •Ro id(So ondition`� .,�of=•Prope ,°� "�3�M �"� � a r� "•3? o 2_of r nY,..,$60 a•p_R ,S.`�R,:` Appl:sNd'3951 anil Appl;Nn:, -x,25)-East r'o n ", w tq=1,,,,,,,,--1,,,,,r~ -t ,• -- -Parcell ,,p�-,,�a.n,,�2ou'n� '", p; or cture,,ovgr,'e iisting;dee a„, 0A' ^'l ;"��Q , t ,-'Ihe rip'r(?orid ,,” n_", 1 ..� !PP rSO 4' 4lis .�,•, P, h�, ition"sYelatiag�tai(h"err; ��ItU," AN1Vi, R• �,'�`'�'� `�' r. tie TM AIVYSOIV. 11is 1 - ��,��ezisttng�, deck`?*�;ere:'�` sed-�:qdh'� ��., ,,..;, -- - ' e,s', t <Variaiic fi, ,� , .at._l;-_.e,und e:;.A..•c , eKatisidei ktiole,, .0.4i;; ;, quesf;Yo_r,a variance unde'r.Actiele' 11 , ection.hib 239 4A(a;)'a ii] 'A`it } 7IXtiI Section 100 239:4B;tiased'g -i : oti'v Sec""'tion t` e' n:- 00=294;foga redii ells`� Nii.Bmidipg'Depa_ fifiar rFeli di ,4;,setliacleifi-MhZUi - .- E.to}Fb ;ilie�sound• ;9;•2000:=Notice,o vD • ,,'rhliiff an Ya r„ pa 1S ¢ id z d�foi•<lot.covera ,,:an•, licatio � � �' ,20�%::T1i 8 exceeding- aPp, n forQ a, itildigg=pe 1G xNoti "Builtfing•.Depq'rtmenls,:_ 'to,ilocate,;,a-rproposed:wadditio a;to; :. to dfl tie '- iiiii dwe! " "r- aliproval�2iatea:1'anuad: r'existin 1'n- 'I�ie=pr'o 'osed' " ' ��, g�. Pr ia`81'x; y 2.5„-.2000 as-am iide iMar•ch-;e-000f �ti iityw111•tie7ess11i'aii'75 feet?foam Ehe; ,w •'Spun a �t _, u�ktie 7;�,_> ,.. k sfo> 13U0''s d;Beat f b aF :,li a4:Ale-pi'tiom r 1 � h--- nve;�, �; � -'_,. "�`of,;,ypropttY;�'i .g?'Mattitiick;NWPar'ce10'0 0 06;1",37., r f12402i1VIain 12'oa�ti.sEas ariojty•�= y` ;., �:30,;p:m.7 P pl';.No: 48 Parcel'11 3i- •I`t-(34';• ` 1 ,..:4,:::E=CHRIS'',IGIESKOLI.Rigi 4ii 'i,,--7-,_. 7 ;',;-"-'''?;71.1,, e''Boai d of. "9 , { , re u St►is'�I1i�s isti= nhce eats vll e�q?e-4; fl. eliet?? !r`"` ' '"�° ;above.dme-aiid lac "i'F_- '.. '''` v 5 ,,r- ,91,n,` ondtf.kon a liea all-persc�ns.- R and1 I` ''s* ' "3957,`Co 4p '3951`. PP"N°'` ' :,-rhe thea,represenCativy.wgi op.!t;6e; - .,_s,, Ile!)►, 0013:0se#gi.if*itlit heard oi•:,to,'submi1464.te canij :strtic " -r - ari ;is one cud=Yr YJ tune overezist n T3''' i',`ments before t d •, �w - Q tc ing deefC_ 4 ,he.hean"ngis colfclu . ci*itio iel"ti '`'' �`� Ther�priorr r s j a ng Tti ttie lied 2/54..ctIiearit g*iiliti`i;(41 Oar r% ,e7CISt1 v`• �;� r,-fir= �s --t:, w�,r t:,;w.,� yQ�G8,n3,13„�.�•-�. ng � eck-s�.lvere, based?•on `eilviantdesignate'tl:`Fijq' i able A i; Variances=.,Imdei Artulel;}U{II1 i't,for revie',w uring g�u"la own gll ;'Section`1100.239:4A(T Land'AArticle�3 '14busmess�}iouis3 8 4,p m,)* :4�q;=,?a..; ,� tiLr3C IV.=SectionS1�00844''fo' rDafeifr'Maicti l {°r�`"'`-," •� �-.setba`k_ roiti tlfi l of;th' •:= ;,{:^t.v;:,11,,,,- :, r of ' - op:i e,.sound<4 rl _} 13y uthold the ', 9t11utf•ait� gr to Y, _, _ -<?,'j:t.-,;'uu:'aq. 9> , , P:e...j-1.4..'.:;eag .exceeilinb P,,-- .` �SoutlioldT",-,':,,,,,-7 Tice,B, g art" "'` :_. .: s<• d,of . t ,eN t Ce o wild ,Dep' iq itt,s,4, rx „_r.:t•%,5109 , ain Road: ,: •ti pi5approvaltdatedJa'nuar.,> > ”` "•<fthold N 11197 Road ,'•r.,••25 ZtNVi a ardlrt r ra t. tk I r,••�;,',r-y_,,-','�+.5'Outt101ai 'r" dry. ,9 g:-pf operty at;,1350, r 1163 3765,"'1809- .;Seung h I 'F',',''u,:.. ;' ,,' bac -i iiue�sMarfifucka�=A1I'; �•'_,� .��.T ,�.•-;:ie��*�(63�i); 65,1809: i.: '/Parcel No i),000;y;46'1A6:yy,,'`"`" ``•';.;. :1290=IT M23 r'.t «.12;,-,,,..,1„;,.,+1, - R© RamED U) ZONING BOARD OF APPEALS rtli S 4 it t l TOWN OF SOUTHOLD:NEW YORK - x In the Matter of the Application of ' AFFIDAVIT 3-ofiliikif t LRCt FthrLsTfIN OF (Name of Applicants) MAILINGS CTM Parcel #1000- S ii - 1 • - 13 . x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, LA , `� ( rE\(1-5 ) fN residing at 1115' N0rrIl ,$fA tDfIff OU-t41 QZ-D i\Q\ l , New York, being duly sworn, depose and say that: On the I 14 day of ti pk l , 2000, I personally mailed at the United States Post Office in c0U j N pLb , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopesaddr-essari_;n_m-r.- shown on the current -`he ( ) Assessors, or a�c , for every :o w SENDER: I also wish to receive the follow- or vehicular right-of- t v,P in services(for an extra fee)• • rn 0 Complete items 1 and/or 2 for additional services 9 d w Complete items 3,4a,and 4b a• I q 0 Pnnt your name and address on the reverse of this form so that we can return this • 1. Addressees Addressii gT,.._..... m card to you. j ❑Attach this form to the front of the mailpiece,or on the back if space does not 2 0 Restricted Delivery w i «▪ mN permit . 0 Write"Return Receipt Requested"on the mailpiece below the article number a C-' 0 The Return Receipt will show to whom the article was delivered and the date Ti o delivere 0 3.Article Addressed to. 4a.Article Number it IJ ;d 70993}to aa76� �/660764d i a ! • • (! g 11\ .' " J ( 4b Service Type d fI l V �y l� o Registered ,Certified (�ATMIS �c- 1 T 0 Express Mail 0 Insured E to of New York ' G c) 0 N O f f it f f b tl`J v ❑Return Receipt for Merchandise El I ffoik2 County , go w p r' 7 Date of Delivery / 0 i,i z �0 lr1 � J '�-D Nil 1 / 1 I /// 0'v ° i,I' i� 5 Rec ived By: (Print Name) :cc8.Addressees Address(Only if requested and m w fee is paid) a II cc • 1 per, the lot numbers ' S 6. g tur (Addressee or Ag ' ,I , . , 1..e>4-0,'''1'•••) i i . ,R (rere mailed. Thank „ r , t 1 I �i + (! i 1 e l i , ,' N PS orm 3811,December 1994 102595-99-B-0223 Domestic Return Receipt 1 L .,mgc- r" t ( Certified Fee J.`f(� �' �® PPostmark ; Return Receipt Fee / y J� c Epi Fkle 4 2000 (Endorsement Required) `I ® Jt ' Restricted Delivery Fee' O (Endorsement Required) q f� ` g� l ED Total Postage&Fees $ -_-/cl \ �fas - ii\— Name(Please Print Clearly)(to be completed by mailer) •7 ' 1 "' 4/guUl'five /°E Cd 11A/ p^ Street,Apt No,or PO Box No 2 2-2 s /weji-) s Ei9 Dje i of im City,State,ZIP+4 Sov/T9cLD NY //971 1 P 1 erm.3800 ul 1:999 , , -,V ys. Agc320gMitlititatta , .. .i ',.``.'., '• ...:"_. '• - ! 1, yi', • 1.' „0 ,\If • s...._ .._ Id ...... 1 ...a__. CO b ivt 0 II? . '\ iS37,;.1,10. Vi 4.,...Q2.6 t.,%,?t,4.:2 leiXT•11 Mull U a 5 loorTp stig ,bt ) 0 ) Immmi•Immm.mmmi —m -, - . — NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 2, 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, MARCH 2, 2000 at the time noted below (or as soon thereafter is possible): 6:30 p.m. Appl. No. 4780- LAWRENCE and JOSEPHINE PEARLSTEIN. This is a request for a Variance under Article III, Section 100-33 based upon-the Building Inspector's November 26, 1999 Notice of Disapproval regarding an application-for an as-built accessory storage shed located in an area other than the rear yard. Location of Property: 2225 North Sea Drive, Southold, NY; County Tax Map Parcel 1000-54-4-23. 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 4 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: February 7,2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 , OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (631) 765-1809 Fax 765-9064 February 8, 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 Friday, 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, 2/24/00, and therefore must be picked up by you or your representative before 2/25 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 bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days; and if possible, remaining until the day of the hearing. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting (copy enclosed) to us for the permanent file. When convenient for you, please 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 hearing if the required steps are not followed. - Thank you for your cooperation. Very truly yours, - ZBA Office Enclosures ... ,storageshed located in an area other , I_SLAND, VINEYARDS, INC. min&pnons-also proposed in a side l'..,thany.theIear_yard--Location, of'''(Castello di Borghese,LLC,Owner): yard rather than a front or rear yard I Property 2225_North Sea Drive,f Applicant is requesting•a,Variance ' location Location Of Property:2510 1,:.-Sbutlibld4 Ny; County Tax Map, , under Article XXIII, Section 100- , Grand -Vie W Drive,:Orient, NY; Parcel 1000-54-4.23-i " 231A•-,basedupon the-Building County Parcel No 1006-14-2-3.7; -c-: 6:35,p.M.APO.No.4784—JEET-,'-',..'.,inspector's December 6,1999 Notice ;also referred,to as Lot 3 on the Map FREY KAY:TIS.This is a request for of,pisapprOvat.for-.fence, height.---, of"Grandview Estates at Orient." iVariance.under ArticleIII,Seciion24 Applicant is requesting an'as built - -..The Board of Appeals will at the 1130-33;ibased upon •the:Building-_--,:fetice,n6oVe four feet.in;height'is an above time and place_hear all per- i Inspectors December,'21,' 1999'-'-,•-•"enclosure Of an existing'tennis court"_; sons or theirrepreseritative desiring --,'Notice;Of Disapproval for the loca-: . structure-':-built '-‘uhder 'Building,:,to-be,heiril-Or'tti submit written . tisiti:iiiU an accessori,garage in, an.7-- Permit No 189777Z. Location .of 'statetnentsfTlle:,hearings.will not : area other than the rear yard 1112600... PropertY:, 4780 1..Aliiah's •Lane,_ start,'earlier than Aesignated. Files 1:Paradise Point Road,Southold,NY; CutchOgtie, NY; County Parcel'No. are available for review during regu- -`County Parcel No.1000-81-3-15.4.,. ,--- 1000-102-1-34. - , ,, lar TowmHall business hours.(8-4 1• , 6:40'p.in:Appl.No.4787—JOHN' 7:30`p.m. Appl.-No. 4779 '-'— - p.m.).If you'havbquestions,please I- McCOPPEN.This is-a request for a .:-DAVID :and ANN CORIERI. -- do not hesitate.to call (631) 765- Variance moder Article III, Section .Continuation from -last'meeting. - • 1809. -409-33based upon the Building ',,:Proposed pool in side yard at 412.. Dated:February 10,2000. - , Department's October 21, 1999 - ,Park Avenue,Mattituck;1000,123-7- , GERAR4P.GOEHRINGER, ._Notice of-DisapProVal-to;locate.ao_. .92_,.-,,,, -:,....-_,.., - `T - • • --''. CHAIRMAN ' accessory-garage in'anareaother 7:35 _p.m'. Appl. No. 4785 — -- -SOUTHOLD TOWN .:than the,reatyard at,870 Oak Drive, ' ANTHONY PIRRERkIth:is a'. : -'- 'BOARD OF APPEALS •:'-Sonth_blil;-NY;'tOnntk-Pnrcel 1000- , request,for a Lot Waiver under l'1202-1TF17 ' i..,.'80l:2;9,11tIteydodShores. * Section100-26 of:the Zoning Code 6.50 pm Appl:No 4786-7 liRt:' based on the Building Departments l,';•VALLO,••;:.BENJAMIN. This is January 18,'2000-.NOtiee.of Dis- 4-24ife.,Ur fbe,=4-,ViirjUUCC:iincler,Article.*?i'vproval:whielf states that applicant--- -Mk.teCtion-,100:32:":_ba-Sed.;Updn.ilief::.*.fia's applieitrioiLar,4:100inination of of Mattituck, in said IiIiiiiiiiii95:0-paftiii eriesj2.kebivarY4;a*erger-ancLis',.::ilisipriibitelor the — 2006-NOGO'OrDisap*ord to locale,::g reason_thattitOubject piNel7his',M, says that he/she is :,:aproposcclaeCk-ii-dditiOg with a'sides - merged_with an'adjoining parcel'1 IFFOLK TIMES, a weekly NOTICE OF, - : , ,-ya,r4,at less than 20 feet.Location of,• SCTM-#1000:.15-3,16;pursuant(to PUBLIC HEARINGS _ 'I‘4':,'Property p 29315 MainRoadArticle,Orient:- 1:41,-:-- Section Mattituck, in the Town of ' l', SOUTHOLD TOWN ••••."NX Go,t,tigy Parcel 09.:100013-2-4.. ' Location of ' PropertY:•1•,.Cg2 BOARD OF APPEALS '-(''L.:3'7;00,!0•Fil.:7-7,...PERRY and mfELI-.- --S-01111dview. :Read.,,,Orient:- NY THURSDAY,MARCH Z 2000 '3‘:''-NA'"',ANGELSON2- Location of'c'_.'County Tax-Map liaraelWA00i51 i_lk and State of New York, II the annexed IS a printed NOTICE IS HEREBY GIVEN,- -, Property:350,Stratmors Aoad,East - 3-17.AlsO,referreclioiiiLkik aid Iblished in said Newspaper - pursuantio Section 267 of the Town-- 'Marion,-'W; CountyParcel Nol —part bfiLbeNo.19-,sliOwn Oil-the Map: , weeks succes- . -Law and•Chapter 100 (Zoning), •1000-21-1-12. Applicants are of Orient-By The Sea,Section 2,filed Code of the Town of Southold,the _requesting: - .. November 21,1957. :.:-,- - ' - he ( 1 #.k day following public hearings will be -; *"(,1)'4Pl.:No.4789:-Lot Waiver 7:55 p.m. Appl. No. 4791 '' held .before- -the-,SOUTHOLD under Sectibn 100-26; based upon MARK and HELEN LEVINE.This - 1 udAnix, TOWN BOARD OF APPEALS at 'the Building Departinent's January. is a request for Variances under , • -the•Town,Hall, 53095 Main Road, 21,-,•2909--Noticc ofi..DisapprOval, Article XXIII,Section 100-239.4.andIlk,I 0,..4(__0 . Southold,New York-11971-0959,on -'which states that"the subject parcel:- Article III,-Section 100-33, based . THURSDAY, MARCH 2,„2000 at , is on List-aVnrmer'Section 100 12 'u , the Building--Department's-' Principal Clerk the.times noted below (or soon -c.and,ihnt4liu-,subject-:parcel ii/Was, :-.144embe,i,-,-,2,41.,'1999,'Notice, of -, thereafter): '• ' .,.,;,- ;held:in;-COnuncid•'ioWnershiP. "With- DijapprOyaf,'and,February 9,,2000 - /77-0., .0 . .4,' --r-:. '",- - t.• . -0:30 ,p.m. Appl. No '4780 .. .- ,iadjoininglot SCTME#100-21-1-10 at. -Atitcndecl4lcitipe-of.-1?jsapproy,al.k: morn -LAWRENCE and -JOSEPHINE ,--`some time after July 1,1997. Lots •-''APplicanti;are proposing 2a-'0,evi JOH16 tkureF NEw YORK PEARLSTEIN.Tilii is a iegoest,for';',Savebforgqd" ..P: •'"-!..,. ' ,:,..?,dwelling and accessory swimming •LIDUC,STATE' a Variance under Article III,Section ,' ,(2) Appl.,-..14O.,4790 .7--Variance' :pool.both,prOlibsed-.with'i-Sithack i:100-33 bated:iitpoh,,the- Building 1••urideOectioif1 (1944.13(tii'locate i_. -:closer thUrk1,0,0,feet fronr thetotiOf FFOLK COUNTY ..... ._. , ."9 Inspector's November 25,. 1999. 'PpprOetrilwe'llini with combined: {-the Il Sound bluff and the swim-...FIED MAY 31 ----- Notice-of Disapproval regarding all -sideytirdS4less than 35 feet. - , LiA.,,-• N EXPIRE application for an-as-built accessory,•‘,- ;-..,-1,49poCAripl.S19,4788—.LONG COMMISSIO ._ - O.01BR4732613 . .. . . . . . •, ., .. t� n } A /\ G SEA\ ) »} } / { \ } 5 � � � . } ,< . [ :e + e \ J ■ ■ t , # a e * # + Qi �� 5 � c do ® sf ) e' sit , 2ItiHi t •,-! ® _ : 31 ( § \ \ f § 1.4".� e ` • � 2 � . o1no _ , . APPEALS HOARD MEMBERS ;j SUS'fl1� Southold Town Hall As = C�Gy 53095 Main Road - .c Gerard P Goehringer.Chairman • _ :;i P.O. Box 1179 Serge Doyen Y y ' •� : _ � ' Southold, New York 11971 James Dinizio. Jr. Qy �� Fax(516) 765-1823 Lydia A.Tortora �01 '" c a4 Telephone(516) 765-1809 - Maureen C. Ostermann BOARD OF APPEALS fAite/C TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF JUNE 19, 1997 Appl. No. 4488 - LAWRENCE PEARLSTEIN PARCEL 1000-54-4-23 STREET & LOCALITY: 2225 North Sea Drive, Southold DATE OF PUBLIC HEARING: June 19, 1997 FINDINGS OF FACTS PROPERTY DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, situate 100 feet along North Sea Drive, with 100 ft. frontage along ordinary high water mark of the Long Island Sound. This lot contains a total area of 21,000 sq. ft. The February 15, 1996 survey map shows an existing one-story, single-family dwelling set back 41 feet from North Sea Drive and set back 20 feet at the southwesterly side property line. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated May 22, 1997, which reads as follows: "Being a non-conforming lot of 21,000 sq. ft. in an R-40 Zone, the proposed construction does not meet the required front yard setback of 40 feet, Section 100-244B . Action required by Zoning Board of Appeals.". AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate a 20 square foot portion of proposed addition to extend with a proposed front yard setback at 37 feet and 40 feet at its closest points to the front property line along North. Sea Drive and the remaining side yard setback at a minimum of 25 feet, all as shown on. the site plan map prepared by Garrett Strang, R.A. dated March 12, 1997. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because feet only small xceds ethe40ft. seback portion the proposed addition and deck, q requirement. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the applicant's house is on a somewhat diagonal line to the street and the proposed addition follows the line of the house. Page 2 - June 19, 7 Appl. #4488: 1000-34-4-23 (Pearlstein) Southold Town Board of Appeals (3) The requested area variance is not substantial representing only a 12 percent reduction in the 40-foot required front yard setback. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the variance request is minimal. (5) The situation has not been self-created because -the applicant has located the addition to comply with other agency regulations. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied. VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dinizio, Tortora, and Ostermann. This r solution was adopted by unanimous vote (5-0) . .i.2 ____..t.-----(------(/ GERA D P. GOEHRII'TGER, gNAIRMAN RESOLUTION ADOPTED 6/10/97 ********************* Actions.97/54-4-23 . �0� , ' es• � r. Southold Town • Board of Appeals�,, R ,� MAIN ROAD - STATE ROAD 25 SOUTOLD, LI.. N.Y. 11971 1; vR • 11 vi .. -0-or 1 "AimTELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN //�-/©/C CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. / ACTION OF THE 'BOARD OF APPEALS Appl. No. 3894 Matter of LAWRENCE AND JOSEPH PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location: 2225 North Sea Drive, Southold, County Tax Map 1000, Section 54, Block 04, Lot 23. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of LAWRENCE AND JOSEPH PEARLSTEIN, under Appeal No. 3894; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally ,viewed and are familiar with the premises in question, its present zoning, and the surrounding area; and , WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north :side of North Sea Drive, Town of Southold and is identified on the Suffolk County Tax Maps as District 1000, Section 54, block 04, lot 23 . 2. This is an application for Variances from the Zoning Code Article XXIV, Section 100-244B, for permission to construct a deck addition, proposed deck addition will have insufficient front yard setback. 14/02 Page 2 - Appl. No. 3894 Matter of LAWRENCE AND JOSEPH PEARLSTEIN Decision rendered January 22, 1990 3 . Article XXIV, Section 100-244B, A nonconforming lot separately owned and not adjoining any lot or land in the same _ ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that, no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows: 4 . In considering this application, the Board finds and determines: ( a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; -- (b) that there is no other method for appellants to pursue; and placing the proposed deck in any other location in the front yard area will require other variance relief; (c) that the area chosen fgr the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the -above factors, the interest of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was "" Page 3 - Appl. No. 3894 Matter of LAWRENCE AND JOSEPH PEARLSTEIN Decision rendered January 22, 1990 RESOLVED, to GRANT a Variance in the matter of the application of LAWRENCE AND JOSEPH PEARLSTEIN as applied under Appeal No. 3894, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck not be any closer than 33 ft. of North Sea Drive. 2. That the deck remain unroofed and open. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (absent Serge Doyen and Joseph Sawicki) . This resolution was duly adopted. * * * df GERARD P. GOEHRINGER,' CHAIRMAN