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HomeMy WebLinkAbout4411AS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appeal #4411 ACTION OF THE BOARD OF APPEALS September 19, 1996 APPLICANT: JONATHAN STERN SUBJECT PROPERTY: 700 Birds Eye Road (private), Orient. 1000-17-2-1.13 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated June 19, 1996: "...Accessory buildings and uses shall be located in the required rear yard; Article III, Section 100-33." R-40 Zone. R1:LIEF REQUESTED: To locate a proposed accessory swimmingpool structure in a front yard area (two front yards along a private road and another right-of-way to the south) instead of the required rear yard which is east of the existing dwelling. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Lydia Tortora AC'T'ION/R.ESOLUTION ADOPTED: Granted as applied without a deck and located in a requested location 90 feet from the front line (Birds Eye Road) and at: 200-218 ft. from the southerly right-of-way/property line. (Note: Applicant will be returning for final reviews and obtain other required approvals (i.e. Building Permit and Certificate of Occupancy) from the Building Inspector's Office.) REASONS/FINDINGS: This is an area variance request based upon the unusual dimensional configuration of the property. The Board finds that location of this swimmingpool is not unreasonable for the following reasons: a) the front yard area is enormous in relation to the easterly rear yard; b) there will not be an undesirable change produced in the character of the neighborhood or detriment to nearby properties - the pool is located 90 feet at its closest point to either front property line and 80 feet (or more at the option of the applicant) from the northerly property line, which is no closer than that required for a principal building; c) there will be a fence enclosure and other screening; d) the pool is not substantial in size, and its purpose is for use by residents and their guests accessory to the main residence; e) to locate the swimmingpool in any other area would not be more beneficial to either the applicants or the surrounding neighbors; f) there is no area available in the rear yard for placement of any buildings or usable structures of this nature because it is so small and almost nonexistent; g) this is the minimum variance necessary under the circum- stances, and the health, safety and welfare of the community will not be adversely affected by its location; h) due to the location of the principal building, the yard areas are unusually established and the required buildable yard areas need to be varied, from what may be rear yard for other parcels throughout the town similar in size and shape. VOTE OF TIIF. BOARD: Ayes: Doyen, Dinizio, Villa, T�tora, Goehringer. This resolution was unanimously adopted 5-0./J Ap'pr6ved for Filin /2 /96 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE Town Clerk, Town of Southold APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Swim -King Pools, Inc. 471 Route 25A Rocky Point, NY 11778 BOARD OF APPEALS TOWN OF SOUTHOLD September 25, 1996 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Re: Appl. #4411 - J. & M. Stern (Variance for Pool Location) Dear Sir or Madam: Please find enclosed a copy of the determination rendered by the Board of Appeals at our September 19, 1996 Regular Meeting and filed today with the Town Clerk's Office. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to the pending building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure the building permit application is returned to their "active" shelf and to be sure that they have all documentation needed in their file. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Inspectors' Office (for disapproval file) APPEALS BOARD MEMBERS gUFFO(,� Southold Town Hall the times specified ya MARGARET Gerard P. Goehringer, Chairman o .c 53095 Main Road Serge Doyen e�ia x P.O. Box 1179 James Dinizio, Jr. p 'y�' Southold, New York 11971 Robert A. Villa O�� Ol Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEPTEMBER 19, 1996, commencing at the times specified below: MARGARET STERN. Based 7:15 p.m. Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. Hearing carryover 7:20 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Hearing carryover 7:30 p.m. Appl. No. 4402 - BARBARA KELLY. Hearing carryover 7:33 p.m. Appl. No. 4415 - THOMAS BALL. Based upon an August 21, 1996- Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article XXIII, Section 100-239.4B to locate a deck addition within 75 feet of bulkhead, at 1890 (w/s) Arshamomaque Avenue, Southold, NY; County Parcel ID No. 1000-66-2-46, also referred to as Lot 4 on the "Map of Beixedon Estates," Block 7, filed 1946 with the Suffolk County Clerk. This parcel contains a nonconforming lot area of 21,071 sq. ft. and has a nonconforming setback from the new bulkhead, as (Ixists. 7:37 p.m. Appl. No. 4411 - JONATHAN and MARGARET STERN. Based upon a ,June 19, 1996 Notice of Disapproval, applicant is requesting a f . • Page 2 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals variance under Article III, Section 100-33 to locate an accessory swimming pool with fence enclosure, all located in the front yard area on this corner lot. Setbacks are established in a front yard area on non -waterfront parcels only by the Board of Appeals, if allowed by variance. Location of Property: Situate along Birds Eye Road a private road off the north side of the Main Road, and situate along the southerly side of another private right-of-way, Orient, NY; County Tax Map Parcel #1000-17-2-1.13 (known as Lot 2 and part of 5, Stern's Subdivision Map (10/1/93). 7:40 p.m. p.m. Appl. No. 4414 - DONNA IGLESIAS WEXLER. Based upon an 13, August 21, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting variances under the Bulk Area Schedule, Article IIIA, Section 100-30A.3 for approval of Lots 1 and 2, as proposed, each with insufficient lot width to the new division line and insufficient side yard setbacks from existing dwellings. Each lot is proposed to contain a minimum of 40,000 sq. ft. as required in this R-40 Residential Zone District. Location of Property: 8335 Main Road (Route 25), East Marion, NY; County Parcel ID #1000-31-2-32.1. 7:45 p.m. Appl. No. 4413 - EVA MULLINS. Based upon the August 13, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a waiver under Article II, Section 100-26 for a single parcel with a combined lot area of 31,250+- sf. The basis of the Disapproval is that this land area, identified as 1000-77-3-5, 6 & 7, was created by deeds prior to 1983, however, some time after 1983 this land has been, and is, in commonownership with an adjoining 40,500+- square ft. area identified as 1000-77-3-15. Location of Subject Property: East Side of Pine Avenue and Page 3 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals 0 Westerly side of private right-of-way at Goose Bay Estates, Southold, NY; Zone District: R-40 Residential. 7:50 p.m. Appl. No. 4416 - NANCY E. BUTKUS. Based upon an August 28, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article III, Section 100-33 to locate an accessory swimming pool with fence enclosure in an area other than the required rear yard at 3855 Mill Lane near Wolf Pit Lake, Mattituck, NY; County Parcel ID #1000-107-4-3. 7:55 p.m. Appl. No. 4418 - FLORENCE PAVLAK. Based upon an August 27, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a Waiver under Article II, Section 100-26 for a parcel containing a total lot area of 25,000+- sq. ft. The basis of the Disapproval is although this lot was approved by subdivision of the Town Planning Board March 11, 1970, that, between July 1, 1983 and April 14, 1985, this lot, identified as 1000-107-1-5.2 was held in common ownership with an adjoining lot, identified as 1000-107-1-5.1. Street Address: 3755 Grand Avenue, Mattituck, NY. 8:00 p.m. Appl. No. 4418 - RAYMOND REALTY CORP./MICHAEL'S PONTIAC- CADILLAC OLDS. Based upon the June 16, 1996 Notice of Disapproval issued by the Building Inspector, applican•, is proposing to remove the existing ground sign and in lieu thereof, is requesting a variance under Article XX, Sections 100-205D(7) and 100-206-B for the placement of a new ground sign which will exceed 24 sq. ft. in area, and be internally illuminated. Location of Properly: 42155 Route 25 (Main Road), Peconic, NY; County Tax Map Parcel ID X1000-75-1-14. Page 4 - Legal Notice Regular Meeting of September 19, 1996 Southold Town Board of Appeals 8:10 p.m. Appl. No. 4412 - ROBERT HOLLEY. Based upon a July 24, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a variance under Article IIIA, Section 100-30A.3 (100-244B) to locate proposed addition with a front yard setback at less than the required 40 feet, at 1085 Bay Shore Road, Peconic Bay Estates, Greenport, NY; County Parcel ID #1000-53-3-13. 8:15 P.M. Appl. No. 4419 - WILLIAM A. RANDS, JR. Based upon a Notice of Disapproval issued by the Building Inspector dated August 29, 1996, applicant is requesting: (a) under Article XXIV, Section 100-244B, and Article XXIII, Section 100-239.4B, variances for reduced setbacks in the front yard, northerly side yard, total of both sides, and setback from bulkhead for proposed new dwelling, and (b) a waiver raider Article II, Section 100-26 for this lot consisting of 22,500+- sf. as created by deeds subdivision and 1983 deed. Location of property: 960 Willow Terrace Lane, Orient, NY, also known as Lot 42 on the Map of Willow Terrace, Section I; CTM #1000-26-2-21. 8:20 p.m. Appl. No. 4420 - LINDA FESSMAN as TRUSTEE. Based upon a Notice of Disapproval issued by the Building Inspector August 28, 1996, applicant is requesting a Waiver under Article II, Section 100-26 concerning this parcel' of 26,500+- sf, identified as CTM #1000-115-6-1, which has been held in common ownership with another lot, CTM $1000-115-6-2, after July 1, 1933. This property is located at the corner of the Main Road (#18400) and Cardinal Drive, Mattituck Estates Filed Map, Lot #5, at Mattituck, Town of Southold, CTM 41000-1.15-6-1. 8:25 p.m. Appl. No. -1397 - ALLEN W. OVSIANIK. Hearing carryover Page 5 - Legal Notice • • Regular Meeting of September 19, 1996 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed before 3:45 p.m. the scheduled date of the hearing for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: September 9, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x POIiPI NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To RANDY T; RODECKER A/C JONATHAN STERN ........•...I........... .471 RT 25A ROCRY POINT, NY 11778 ........................................ 0 DATE.- ... ;TUNE• 1996 PLEASE TAKE NOTICE that your application dated ..�A 3i 19 96 for permit to ,.CONSTRUCT AN INGROUND POOL WITH FENCE ENCLOSURE ...................................................... at Location of Property ....700 BIRDS EYE ROAD ORIENT NY .... ....------------------ *.................. ........... House No. Street Hamlet County Tax Map No. 1000 — Section .... 17..... BLOCK...... 2'--.. LOT ... 1,13 .... Subdivision ............................... Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds ,. IN .AN R-40.ZONE ....................... ACCESSORY STRUCTURES AND USES SHALL BE LOCATED IN THE REQUIRED REAR YARD ARTICLE III, ............................... CHAPTER 100-33. ............................................................ ............................. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ............................................................. RV 1/80 4Bx11 nr Inspector Gary J, Fish i 1 MAY 11996 i BLDG.DFPT _TOWN OF SOUTHOLD j Examined ................. 19 ... BO OF HEALTH ...... 3 S OF PLANS ....... FORM NO. 1 SURVEY .......... TOWN OFSOUTHOLD CHECK .......... BUILDING DEPARTMENT SEPTIC FORM ............. TOWN HALL NOTIFY _ SOUTHOLD, N.Y. 11971 CALL TEL.: 765-1802 MAIL TO: Approved ................. 19 ... Permit No........... . Disapproved a/c vv � ,t ....... ........ ....�......... ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ..NCL CL INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. 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, buIldi code, housing e, and regulations, and to admit authorized inspectors on premises and in building for necessary ins on ignature f app4cant, or name, if a corporation) (Mailing address of applicant) Neuv \jOrk� (1-% State whheetth..err applicant is owner, lessee, agent, architect, engineer, general ontracto , electrici plumber or builder. �eCl/1...................................................... VVV Q Name of owner of premises .Ik,.t LL�� L i�S /�.�, ! ................ I ............................. (as ou the tax roll or latest deed) If applicaj'arporatio signature of duly authorized officer. ........?s. an title of corporate officer) ALL CCTOR'S MUST BE SUFFOLK COUNTY LICENSED Buildnse No. .......... a.L.la Ei 1 . Plumber's License No . ............1`.Q `A ...... . E'lectrician's License No. ........ C �!.... . Other Trade's License No. ........ ,A I A....... Location of land on which proposed work will be done . ................................................. ...................1.00....... �✓.dS�.. L% �... _ ;. �el .... ejx....... ............. Clouse Number Street Hanilet County Tax Nlap No. 1000 Section .......1.'1......... Block .... d............ Lot..1.5............. . Subdivision ..................................... Filed Map No. .............. Lot............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .................................................... b. Intended use and occupancy-).�...P�p...... !.. 3. Nature of work (check which aable): New Building .......... Ad�n .......... Alteration.......... . Repair .............. Remo 1 .............. Demolition ...... _ ....... Other Work .........:.... . _ (Description) ` 4. Estimated Cost ....141Vc/.. ....................... Fee ......... (to be paid on filing this application) 5. If dwelling, number of dwelling units ..O � .///A Number of dwelling units on each floor ................ If garage, number of cars ...........fJ �.................................. . .......... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ... ........ 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ................ Number ofStories ........................................................ Dimensions of same stricture with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ...................... -8. Dimensions of entire new construction: Front ............... Rear ............... Depth ............... Height .�� .. Number of Stories ........ . �7 ........... 9. Size of lot: Front ..�.LYI .. ci.� ........ Rear .� R ']� . ......... Depth !2 L I . I . ............ . 10. Date of Purchase ............................. Name of Former Owner ............................. 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ............................... . 13. Willl lot be regraded .............. .......... Will excess fill be removed from premises: Yes No 14. Name of Owner of preyT y'seslA!lG4i7�.t�ilcd'. ' 2�1.... Address'I.C? .f3'tvd).PSK-R[,, Phone No. Name of Architect . r` IA............. . Address ................... Phone No. . Name of Contractor_Qar 4TWQk1,t d(K-. $Wl''Yl.ls'l!I:Al6ldress 47! �PA .RR*q.p} phone No.`14t�-gE6G).... . 15. Is this property located within 300 fe'� of a tidal wetland? *Yes ..... No ..... *If yes, Southold Town Trustees PermitPLOmay be required. 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, and show street names and indicate whether interior or corner lot. STATE OF NEW YQR4. COUNTY OF .... J... . S.S • • • • • • • • • . • . • .T4�IX k.t•• •rj�a A�V4i........ being duly sworn, deposes and says that he is the applicant (Name of individ ,al signing contract) above named. Heis the................Ql -e .v1............................................................. (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 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 in the application filed therewith. Sworn to before me this ............. ��.�'...day of. .r(` ............. , 19 9.(? Notary Public . .............. . ... County .. pJ(?RF.EPstiatedUE�.�,,.; 91e9aeY pubo., ..... ... ....... ®ua66edinSul" ,- t!t ourl (Signature of applicant) commission Exp RECEIVED AUG t 4 1946 0: ys Town Clerk Southold J TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR • 9jT-1 eloo APPEAL No. //` DATE 94�Y..� y`�. /, �9 flo TO THE ZONING BOARD OF: PPPE�A'LS,S, TOWN OF SOUTHOLD, N. Y. ��y� 1, (We) ....Lk.tC/> r L L ... 4 !..l.A................of ..... �� lice ....Eqc. Road" .................... ..... ......... 7� /SOI N e of Appellant Street and Number ......... .U!..).Lel.k:l........................ty................................... ......... R.Y. ........HEREBY APPEAL TO Municipality Statd THE ZONING BOARD OF APPEALS FROM THE DECISION OF THEI BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED... U .. .... ......E....q. WHEREBY THE BUILDING INSPECTOR DENIED TO . ,r.. ►'cf....St.6.r" ....................................... Name\bf Applicant for permit �y/� of _.....�W.................gI r� Fge,,.t TIQS/S1..... . ....... P Street and Number Municipality ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY c �() parKi+ _.to Gor't�i� as I.V G ri Lxtn& r LOCATION OF THE PROPERTY ....l.S!..J.1�C�rd State Street /namleL / Use District on Zoning Map District 1000 Section I %BlocLot 1-13 K) .._....:........_......._..__....__.�..__._____......._.._..� �{�'f " c Map No. Lots N No. Current OwnerPrior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph. of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ) 11 Section (/k(117)V-er IOL)— 33 3.// TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (Y) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal. (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No.................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( !) A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDnIINiANCE woouul(d produce practical difficulties or unneces- sory HARDSHIP because Mar 1/J 5re' "^� 1/L �� MOV' Rd-/ h�� Y� QdG�I'>oSS 4F' X00 Is ow -r k e;06 ardo �lVllP� �h� r o�� Qr� is 12s tv h ,FLv�,Y f�� a JX0 CQvI iV1 `RO a� ivy Tte, 20V1i✓j 0rc[i✓1 lncfg aL ItS, JA& 0V1k VV bu poi cavi . ,+ on -fie sidv of Oel- h6nv, 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of thisvproperty and in this use district because x/115 PM tr h� cud ► �' on, h o v> J peoPl� c►� v�a�� cc ta�q-e g6Lr yam. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 1-�A,Cx.e 0.mDriq Y)6h bort v4 on 1s . privacy wl area �VDC4/�eS . I kPXefvre no f &s 6d--. -11/e Pool Wr'l l bc, �-eet- I,J STATE OF NEW YORK ) )' ss ............................................. . .................. COUNTY OF S��\V— ) Signature Sworn to this . C✓ ............... day of ..... 1}�qR.V).}.................................. 19 l�P ........................... 1, .�........; . ....... ... ..... Af@RFE Notary Public OU Nofr<°.Sta', v;ty QU81j x`45:6,33 4a,.s. �Ir1F S!rf`uiX"u SOUTHOLD PROPERTY RECORD. CARD OWNER' STREET -,"VILLAGE DIST, SUB. LOT sr S i Y e s FORMER OWNER N E ACR. Ile�4�1�%5�`12336 S W TYPE OF BUILDING RE$, Z' I' SEAS.VL, FARM COMM. CB. MICS. Mkt. Value LAND. IMP. TOTAL' DATE REMARKS -2000 cs Dot � 'j o©oV,4. oy Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD MeadoWlaid DEPTH est v� louse Piot . BULKHEAD ,Tot61 I li 04 3 - --�. _._W onson -- - --- 5,f5'49'C - Z9146 T i o; a 6,Vf-r�jy e'ieuty;.M � Gro:nd Ito Pah- 1 39'3�'l,f- �4x 3 _ ts.zz -N - MAP OF �2on�2-rY su2v�'rt'a Fol JA %k iA Gri12 x -- 7"�rl�l4f AT D2rEnrr, N. ?: 9uf folk Co. %;rx name r: t000 l�-.z-�sfat; Areas $4,000 =f. fr. QoAC Sea/e. t04'-.'- �/atb� = d evPl Z Z, 19 96 Qo trjct ve 4 I, P- G. d �cersed L•+i�d sLrveyors 0 BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application Of CONFIRMATION OF POSTING I, OA &-fq'cL SYS r1i1 residing at "7,eo /girds ?9E gc� O f4 &&4 1 [G? being duly sworn, depose and say: That on the // day of .3 1991,0, I personall posted the property known as " WO I Ifck"S! /ec{ Q 1ef-f V4-'? , NY" by placing the Town's official poster* Noticf on either a stake, fence, or other post near the driveway entrance into the property, on the applicant's property where it can be easily seen by passersby, and that the poster has remained in place at least ten (10) days prior to the date of the public hearing (date of hearing noted thereon to be held 03affamAK�,1996. ) Dated: s 199 . ( signature ) Sworn to before me this NAt+tf T. FUSCO _ -/ l y of ivE-;r_ 1996 NOTARY PUBLIC Stas of New York JA \�JL — - 4807473 _ _ - Qualified !n Suffolk County NO RY PUBLIC _-____---_-_CO1nmiulon S:pa" Jan. 20, 19c` *or within 10 feet of your front property line(on your property facing the road or right-of-way). vflK �Nct NOTICE OF HEARING' NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: Tono fanfan5f e.,erJ e MVIStern DATE OF PUBLIC HEARING: eT1q�9�7:35es�► 5 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 FJOART Y�-�e.� �OcA-rionl APPEALS BOARD MEMBERS* Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora �OgUFF01,te (9 c < A y 2 BOARD OF APPEALS TOWN OF SOUTHOLD September 25, 1996 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 Swim -King Pools, Inc. 471 Route 25A Rocky Point, NY 11778 Re: Appl. #4411 - J. & M. Stern (Variance for Pool Location) Dear Sir or Madam: P Please find enclosed a copy of the determination rendered by the Board of Appeals at our September 19, 1996 Regular Meeting and filed today with the Town Clerk's Office. A copy of this determination has also been furnished to the Southold Town Building Department pertaining to the pending building permit application request. However, it will be necessary for you (or the owner) to contact the Building Department (765-1802) to be sure the building permit application is returned to their "active" shelf and to be sure that they have all documentation needed in their file. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Inspectors' Office (for disapproval file) APPEALS BOARD MEMBERS O�®$1iFf0�XC0 Gerard P. Goehringer, Chairman c Serge Doyen w ix James Dinizio, Jr. O iT Robert A. Villao! Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appeal #4411 ACTION OF THE BOARD OF APPEALS September 19, 1996 APPLICANT: JONATHAN STERN SUBJECT PROPERTY: 700 Birds Eye Road (private), Orient. 1000-17-2-1.13 BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated June 19, 1996: "...Accessory buildings and uses shall be located in the required rear yard; Article III, Section 100--33." R-40 Zone. RELIEF REQUESTED: To locate a proposed accessory swimmingpool structure in a front yard area (two front yards along a private road and another right-of-way to the south) instead of the required rear yard which is east of the existing dwelling. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Lydia Tortora ACTION/RESOLUTION ADOPTED: Granted as applied without a deck and located in a requested location 90 feet from the front line (Birds Eye Road) and at 200-218 ft. from the southerly right-of-way/property line. (Note: Applicant will be returning for final reviews and obtain other required approvals (i.e. Building Permit and Certificate of Occupancy) from the Building Inspector's Office.) REASONS/ FINDINGS: This is an area variance request based upon the unusual dimensional configuration of the property. The Board finds that location of this swimmingpool is not unreasonable for the following reasons: a) the front yard area is enormous in relation to the easterly rear yard; b) there will not be an undesirable change produced in the character of the neighborhood or detriment to nearby properties - the pool is located 90 feet at its closest point to either front property line and 80 feet (or more at the option of the applicant) from the northerly property line, which is no closer than that required for a principal building; c) there will be a fence enclosure and other screening; d) the pool is not substantial in size, and its purpose is for use by residents and their guests accessory to the main residence; e) to locate the swimuringpool in. any other area would not be more beneficial to either the applicants or the surrounding neighbors; f) there is no area available in the rear yard for placement of any buildings or usable structures of this nature because it is so small and almost nonexistent; g) this is the minimum variance necessary under the circum- stances, and the health, safety and welfare of the community will not be adversely affected by its location; h) due to the location of the principal building, the yard areas are unusually established and the required buildable yard areas need to be varied, from what may be rear yard for other parcels throughout the town similar in size and shape. VOTE OF THE BOARD: Ayes: Doyen, Dinizio, Villa, T�tora, Goehringer. This resolution was unanimously adopted 5-01 /) ApWed for P�4/96 7 PQM s 34.34'At. �,yX MAP OFt Y Stl2V£'YE'P F02 � t as• rs Mal aJCjr 4�t L I n?RJA, L,7 IV JAof wo .. - - - AT 0T2PEN7; A/, y suf fo/k �^o. rax Para �: 1a4o l7��-t3(ot; Area: $O,OdO �Q: fr ,cafe : too' -," ev/a b[ or d Ms y 2 2, 19 96 Qp trjcf Vcrf nlyl, P. G. �cers�d. Laid Su.-ves`ors 6 29146 i b*0", n; a mh oil Gro:nd 6x x • y� .`1 �'45'rr ri -% 0 •5r) 7 PQM s 34.34'At. �,yX MAP OFt Y Stl2V£'YE'P F02 � t as• rs Mal aJCjr 4�t L I n?RJA, L,7 IV JAof wo .. - - - AT 0T2PEN7; A/, y suf fo/k �^o. rax Para �: 1a4o l7��-t3(ot; Area: $O,OdO �Q: fr ,cafe : too' -," ev/a b[ or d Ms y 2 2, 19 96 Qp trjcf Vcrf nlyl, P. G. �cers�d. Laid Su.-ves`ors 6 M -•-••.•co .G.\Iite I � .r CAST CDi1'.t. 0 o� Iwo. . ti» Oi Ea -I �i r VINTL LIwER� P L A N SECTION B -B GAa,E SECTION A -A A�o c�o�t�r�a�+Maia. ! Ila 1 n{ a l a i R 1 4 1 A sEE_ T,r :%L t -t'. TMEATED WOOD P%1TL ANCNOtED To CoNCRC'•E ROLL -CD FOAM 9-0waN uNER •L CRCRE iE I 1 r.NTL LpER� • 1l � Z: f ►.c RSTt T CDNCtC EOA1Nc ] - ?y sans FORM TIES It cools PLAN TYPICAL WALL I sass MOTH W&6xS TO K SMOM- NOM Stull TTM SLOIEa ANT MGM aOOL NIATEt OISiCSK SwLL K LIWTE9 TO P•NERS MyOITT To SolT LOCK NECMLATIONS �� sILTCR rti•Y SI{IYY ERS F1L: ER... ►{:Y. i rIL A I TD iETYAY.s PIPING ARRANGEMENT 4 it • i •I ! II I rlsr it: .,_ w .OPTIONAL STEP _ TYPE 1. a.c a �� -• • \ r Awa n. 4; .i :—! a '1 1 4D' : 1 ; I OPTIONAL STEP ry, CDNTRAL:OR RANDY T. RDDECKER. INC. ri WA KING PC= 71 110U.4 =A m 4w is 0 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Mrs, Margaret Stern BO (AdkD OF APPEALS TOWN OF SOUTHOLD September 6, 1996 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone(516)765-1809 700 Birds Eye Road Orient, NY 119371 i (r Re: Variance No. 4411 - Pool with Fence in a Front Yard <�J Dear Mrs. Stern: rM Please find enclosed a Sign which is required to be placed at 10 feet, or closer, to the front property line facing the street where it can be easily seen. The sign must be placed on or before (1 Thursday, September 12th, and remain until the night of the hearing. [ 1 j Once the sign has remained in place for seven full days, please sign and return the enclosed Affidavit of Posting to our office, or r.z bring it the night of the hearing. The hearing has been advertised in the Long Island Traveler for a date of Thursday, September 19, 1996 at 7:37 p.m. Very truly yours, Linda Kowalski cc: Swim -King Pools, Inc. �l Y BOARD OF APPEALS j TOWN OF SOUTHOLD 1. NOTICE_ OF HEARINGS NOTICE IS ,HEREBY j GIVEN, pursuant to Section 267 of the Town Law and the Code I of the Town of Southold, the'; following applications will be held for public hearings before the. SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town .Hall, 53095- Main 3095Main Road, Southold,;NeurYork.. 11971, on THURSDAY, _SEP-- TEMBERI9„1996, commenc- ing ommencIng at the tithes specified below:, 7:15 p.m.:Apel. #4389` TIMOTHY ` GRAY -! ' and JIMBO REALTY::_;Hearing carryover. - - 7:20 p.m. Appl. No> 4407 HUGH and ROSEMARY MURPHY. -Hearing carryover. 7:30 p.m. Appl No. 4402 - BARBARA KELLY- Hearing: carryover. , - ' 7:33 p.m. Appl. No. 4415 THOMAS BALL. Based upon an August 21, 1996 Notice of Disapproval issued by the Build- ing Inspector,. applicant is re- questing a variance under Article ! XXIII, Section 100-239.48 to locate a deck addition within 75 feet of bulkhead; at 1890 (w/s) Arshamomaque Avenue, Southold, NY; County•Parcel IIT No. 1000-66-2-46, also referred to as Lot 4 on `the 'Map of BeixedonEstates;"Block7„filed 1946 with the Suffolk -County Clerk. This parcel contains a nonconforming lotrarea.of 21,071 -sq. ft and:hasanoncon- forming setback from he,new i bulkhead, as extsts T ._ 7:37 p.m. AppL No. 4411 - JONATHAN and? MARGA- RET STERN. Based upon a June 19; 1996 Notice of Disap- proval, applicant is requesting a variance under Article 11I, Sec- tion 100-33 to locate an acres soryswimming pool with fence enclosure, all located in the front yard area.on this comer lot. Set- backs are established in a front yard area on non-wa terfrompar- cels only by the Board of Ap- peals, if allowed by variance. Location of Property: Situate along Birds Eye road a private road off the north side of the Main Road, and situate along the southerly side ofanotherprivate right-of-way, Orient, NY; County Tax Map Parcel #10000- 17-2-1.13 (known as Lot 2 and Part of 5, Stem's Subdivision Map (I O/1/93). . 7:40 p.m. Appl. #4414 gust 2 L, 1996 Notice of Disap- proval issued by the Building Inspector, applicant is requesting variances under the Bulk Area Schedule, Article IIIA, Section 100-30A.3 for approval of Lots I and 2, as proposed, each with insufficient lot width to -the new division line and insufficient side yard- setbacks from. existing dwellings. Each lot is proposed to contain a minimum of40,000 sq. ft. as required in this R-40 Residential Zone district. Loca- tion. --of Property: 8335 Main Road (Route. 25), East Marion, NY; County Parcel ID #10000- 31-2-32.1. 7:45 p.m. Appl. #4413 -EVA MULLINS. Based upon the August 13, 1996 Notice of Dis- approval issued by the Building Inspector, applicant -is requesting 1 a waiver. under Article II, Sec- tion 100-26 for a single -.parcel with a combined lot area of 34;250+- s£: The basis of.. the Disapproval is that this land area, identified as 1000-77-3-5: 6 & 7, was created by deeds prior to 1983; however, some time after 1983 this land has been,, and is, in common ownership with an adjoining 40,500+- square ft. area identified as 1000-77-3-15. Location of Subject Property: East side of Pine Avenue and westerly side of private right-of- way at Goose Bay Estates, Southold, NY, Zone District: R- 40 Residential. . 7:50 p.m. Appl. No. 4416 - NANCY E. BUTKU& Based upon an August 28,z 1996 Notice '. of Disapproval issued by the Building Inspector, applicant is requesting a variance under Ar- ticle II, Section 100-33 to locate an accessory swimming pool with fence enclosure in an area other than the required rear yard at 3855 Mill Lane near Wolf Pit Lake, Mattituck, NY; County Parcel ID # 1000-10-4-3 7:55 p.m. Appl. #4418 - 'FLORENCE PAVLAK. Based upon an August 27. 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a Waiver under Article II, Section 100-26 for a parcel containing a total lot area of 25,000+- sq. ft. The basis of the Disapproval is although this lot was approved by subdivision of the Town Planning Board March 11, 1970, that, between July 1, 1983 and April 14, 1985, this lot, identified as 1000-107- 1-5.2 was held in common own- ership with -an adjoining lot, identifiedas 1000-107-1-5.1. Street. Address: 3755 Grand Avenue; Mattituck, NY. 8:00 'p.m: Appl-. #4418 - RAYMOND REALTY CORP./ MICHAEL'S ' PONTIAC: CADILLAC OLDS. Based upon the June 16, 1996 Notice of Disapproval issued by the Building -Inspector, applicant is proposing to, remove the exist- ing ground: sign and in lieu thereofis requesting.a variance undecAiticleXX,Sections 100- 205D(7) and 100-206-B for the placement of new ground sign which will exceed 24 sq. ft. in area, and be internally illumi- nated. Location of Property: 42155 Route 25 (Main Road), Peconic, NY; County Tax Map Parcel ID #1000-75-1-I'4. 8:10 p.m. Appl. No. 4412 - ROBERT HOLLEY. Based upon a July 24; 1996 Notice of Disapproval issued by the Build- ing Inspector, applicantis re- questing a variance under Article IIIA, Section 100-30A.3 (100- 244B) to locateproposed addi- tion with a front-yardsetback at less than the required 40 feet, at 1085 Bay Shore Road, Peconic Bay Estates, Greenport, NY: County Parcel ID #1000-53-3- 13. 8:15 p.m. Appl. No. 4419• WILLIAM A. HANDS, JR. Based upon a Notice of Disap- proval issued by the Building Inspector dated August 29, 1996, applicant is requesting: (a) un- der Article XXIV, Section 100- 244B, and Article XXIII. Section 100-239.4B, variances for re- duced setbacks in the front yard, northerly side yard, total of both sides, and setback from bulkhead for proposed new dwelling, and (b) a: waiver -under-. Article II, Section 100 -26 -for this lot con- sisting of 22,500+- sf. ascreated by„deeds subdivision and 1983 dA. Location of property: 960 Willow Terrace Lane, Orient, NY, also known as Lot#2 on the Map of Willow Terrace, Section 1; CTM # 1000-26-2-21. 8:20 p.m. Appl. No- 4420 - Building Inspector August. 28, 1996,.applicant is requesting a 100-26 concerning this parcel of 26,500+- sf,jdentified as CTM # 1000-115-6-1, which has been held in common ownership with another lot, CTM # 1000-115-6- 2, after July 1, 1983. This prop- erty is located at the comer of the MainRoad(#18400) and Cardinal Drive, Mattituck Es- tates Filed Map,. Lot #5, at Mattituck, Town of Southold, CTM # 1000-115-6-1. 8:25 p.m. Appl. No. 4397 - ALLEN W. OVSIANIK. Hearing carryover.. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submittedprior to the conclusion of -the subject hearing., The above hearings will not start before the times desio nated, and some may be carryover hearings. The file(s) may be reviewed before 3:45 p.m. The scheduled,dateof the hearing for updates or new in- formation. If you have questions, please also do not hesitate to call 765-1809. Dated: September 9, 1996 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski IX -9/12/96(89) 0 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that ,he is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for ........................................... ...................weeks ,uccessively, commencing on the ............... clayo........... .......................................19..5 .............. Sworn to before me this....... ......... day of .............. .19.%6 .................'ate-R�c^.��.?-�a- ��:........ Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806646 Qualified in Suffolk Counjy / Commission Expires N ...' Receipt NO. 5.1 A, 8 2 Receive of ....... �. b4.....1.:., For .:.. ...... . ---------- Fee for Fee for ❑ Yard Sale ❑ ❑ ❑ H.I.C. ❑ Cash LI -Check 5411 $ .... R5..P.................................. TOWN of STHOLD OFFICE OF BUILDIMWINSPECTOR Town Hall Southold, New York 11971 C� AA Date .....l.�. `c.�,�.... ...................................................... ........................................................./ I VV V011urs 1.......................................................................... CCCJJJ Fee for Fee for Certificate ❑ Building Permit ❑ of Occupancy (a-A�M'es./t.. Q 11 .............................. d ............................................ Buildi 159partment APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 19, 1996 S,E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4411 Project/Applicants: Jonathan and Margaret Stern County Tax Map No. 1000- 17-2-1.13 Location of Project: 700 Birds Eye Road, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate swimming pool with fence enclosure in the front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short} Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.,2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. 5 f BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 19, 1996 S,E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4411 Project/Applicants: Jonathan and Margaret Stern County Tax Map No. 1000- 17-2-1.13 Location of Project: 700 Birds Eye Road, Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate swimming pool with fence enclosure in the front yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short} Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990).. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.,2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. i JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: August 14, 1996 RE: Zoning Appeal No. 4411 - Margaret Stern Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeal No. 4411 - MARGARET STERN submitted by Swim King Pools for a variance. Also included is: Letter of Transmittal, August 8, 1996; Short Environmental Assessment Form; ZBA Questionnaire; Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, dated 6/19/96, with copy of application; copy of CO issued 8/27/96; survey; and pool plan. TO Swim' King Pools 471 Route 25A Rocky Point, New York 11778 (516)744.8100 FAX (516) 7441292 DATE SUBJECT -,cord _ r) oo Ldn'/)i vm► 2 _..._..._. _ , ......_..._..._.' . Z. Use tLqOW—K.__............._.__....._........................................... SIGNED ❑ PLEASE REPLY ❑ NO REPLY NECESSARY `7i1/I _ S / W RECEIVED AUG 1 4 1996 /0°LIS �a.� Town Clerk Southold 9 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEA\LLNNO.,/5`''`�� �/ DATE . .�•i•...TEy/ gg42 TO THE ZONING �/BOARD �OFF PPPEALSS, TOWN OF SOUTHOLD, N. Y. r p j���y� 1, (We) ...1X.lCitr"X L ....... cr .l.................of ..... ��q.... �� r ..... Rq ...l.?.C1�( , O / Ndsf e of Appellant Street and Number aal!:J.6.:t........................ry................................... ......... .�. ........HEREBY APPEAL TO Municipality Stat6 THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED . J kH.C.......W342. WHEREBY THE BUILDING INSPECTOR DENIED TO l�1Ar. ►'�f....St!�.... NaL f Applicant for permit of ..... 7W ... kl.'d5......F4C ..... Q.... ...... on.. .......,.. N.: ..... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY y ru,LA PDD I \)vI- k f iACii -e0C,10&U-Ye, 1. LOCATION OF THE PROPERTY ....oh-ekLI... .k-.` Q. Street /H mlet / Use District on Zoning Mop District 1000 Section I761ocka Lot 13 Current Owner mar S't'an_✓ Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph. of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Section L(_)t-er IDE) -33, 3.// TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (Y) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal. (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No.................................Dated............................. I........................................ REASON FOR APPEAL (� A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Form ZDt (Continue on other side) REASON FOR APPEAL Continued L STRICT APPLICATION OF THE ORDINANCEwould produce practical difficulties or unnecess-� sary HARDSHIP because M�,r �� 5'r.C..% I `FJ r "' ' ' "� oce" main -R"/ - Vh) p,ro � z `AV 66 �h� rid o P� Mrd, I jes t�a� �.��Y � e a poo I c O IVI TIO ct� fid iV� Vhb 20tH ll Or(j►n4-vices rules, IV►e, o' Y vvav 46IJ PrL� 1 Can �-f is, on -rine s �d>✓ off' icer huvv��, w h �c h ¢>ro�-rs ?)rd_S EW, Rd . 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediatbo e� / (� vicinity of thisbproperty and in this use district because IVI �i� f Vttu V10 botK yard ooh , ol�ly * puts poi l ca UrSr-hD e pix -,v&, Mbsf People iVl oj-ea V106 : a tarq-e Qa r yC�. ,'r �>✓ Rd I's Z051 y Im nA6 J. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT- becouse �!e ''S p` \l 1m arnonq neigh bon 101(ivopper-bes . r�jrj I Oil C vlF� a( f -e' C�{Sf C --K I R)r- p o\a-el use. r.� area j lire fvre no + P, Pool Will bc, t►-t-�.P,v�ce� 51 -ATE OF NEW YORK ) ss..... ............................... (, COUNTY OF S'3440(— )`I , q Si nature Sworn to this . ......... ......... day of.....q,v,l(< .U� ............................... 14 � �P �Q-if-�--- f�..........e ... ..... FPC°h, f'cyt F•�4(.: rrry Notary Public 0janNo. 52-g5t �'�s Porn �arnmJsypn » ccuaty �° y Islg7 BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of to the Board7cppeah of the Town of Southold TO YOU ARE HEREBY GIVEN NOTICE: NOTICE TO PROPERTY OWNER 1. That *U is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest a ariance (Special Exception) (Special Permit) (Other) [circle choice[ 2. That the property which is the subject of the Petition is Ipcated adjacent to your property and is des- cribed as follows: %t7n 'R, i rY/ c 1=A /o �,n/I A 3—That the property which is the subject of such Petition is located in the following zoning district: t 4 That h� such Petition, the undersigned will 1r'eques the following reliee/f:, C.t�l� -- Lvtrd YJ7+hc SId& �aO . is Mouse aCo6Pvi- hak. a., ('ear 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the unle _ signed are Article Section 6. That a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Long Island Traveler•Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: �U�15f �99� Petitioner Owners'Names:� Post Office Address ' � r Tel . No. (j(W)�i9�3 [Copy ofsketch or plan showing proposal to be attached for convenience purposes.] \^NAM 4 1-7,a-#Isq 1-7- ,-� -3, 1 1-7-1-e; 1�2- t - 12 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS �A",�Wn Loa 'I 3eo-('k or I �-+' N .y r �BiOY1/t NY lrQsl_ vthe'r Ccs Y -K t'YtO n c e- "Pi' 4 I lla�-7 Carl Ghost nye s p o . Box (IQ orien+1 N .'�. I E6- w I h -Ref UeB I p -7-1a J as k)aa-fc)uw in -Rd L\4mif CT ATrl_l/i c� AQLtJ 0o �0 8x o S I Iq �e r 1\l L- 6 re -1., Bu X22 _ no STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) f PJ �• M1,11ALt residing at 1.31 POO YED 3ircis_� bncyt N.( .\ I being duly sworn, deposes and says that on the IJj day of ��{{ 19 deponent mailed a true copy of the Notice set forth on the re- verse side eirlof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said.persons as shown on the curren assessme oil of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at SVI, IU(I/1 ; that said Notices were mailed to each of said persons by (certified) (registe ed) mail. Sworn to before me this day of N1 I 9!� ,. Notary Public P1CRm"LPAGE" ,.Wdm"j',, StateE t NevY h lPs oa in Sup o X aaulrr �53ion Expitss 471 ty 11 (This side does not have to be completed on form transmitted to adjoining property owners.) 'rovided nal Mail z 265 903 570 Z 265 903 569 Z 265 903 968 Postage Receipt for 'Certified Mail Receipt for Certified Mail D Receipt for Certified Mail t No Insurance Coverage Provided No Insurance Coverage Provided Return Receipt Showing to Whom & Date Delivered No Insurance Coverage Provided �oeerstw Do not use for International Mall for International Mail ® Do not use for International Mail Pestered, or Date (See Reverse) Do not use n, 0— —.1 Special Delivery Fee (See Reverse) iA "ri N iNo.ale P.O., Stale and ZIP Code ��ll`ttaptpptl:NP Postage R Certified Fee D Special Delivery Fee � Postage a Return Receipt Showing to Whom & Date Delivered Showingm S Oale Delivered Paid. Receipt Showing to Wham, Dau, and Addressee's Address C Certified Fee � �a 4 Pestered, or Date TOTAL Postage 1l N Special Delivery Fee Q. Restricted Delivery Fee �fla6gtP@@ce�ipt Shgyiinp il9YWYLGfp��LaL�)IVe�d �LeWm�a_e1pt6Mawin�:m`kWlPM, d$M,�NA.dlAAC53i@a s,yAppLg§s " TOTAL Postage $ A&..Fees n VY1lR�Tkk(Rr�le cttoin VZSnd iNo.ale P.O., Stale and ZIP Code and ZIP Code Postage R Certified Fee Fee Special Delivery Fee Delivery Feeted Restricted Delivery Fee Delivery FeeReceipt Return Receipt Showing to Whom & Date Delivered Showingm S Oale Delivered Paid. Receipt Showing to Wham, Dau, and Addressee's Address Return Receipt Showing do Whom., Oars, and Addressee's Address TOTAL Postage & Fees TOTAL Postage & Fees �a 4 Pestered, or Date TOTAL Postage --- Se! rol 7-lhion Aqviiji Street arM No. P.O., Stale and ZIP Code P.O., Stale and ZIP Code Postage ,. Certified Fee ' Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Paid. Receipt Showing to Wham, Dau, and Addressee's Address is TOTAL Postage & Fees Posanark or Date z 265 903 567 Receipt for Certified Mail No Insurance Coverage Provided o sesseea Do not use for International Mail (See Reverse) m m tS O CIO lel E IL N a ""&ver1v L. Greene_ t St Ndt'a d P.O., Stale and ZIP Code Postage Postage ,. Cercified Fee Special Delivery Fee Restricted Delivery Fee ReturnReceiot Showing. tb, Wh Km, &'� O labia ' D�Wk'1W is ' UrfPtikUcldrlSild+uril�tb-tvHtJm;. dtaFe, aTl)i AMtlFd+s=akMes� TOTAL Postage & Fees �a 9 z 265 903 566 z 265 903 565 Receipt for..• Certified Mail Receipt for No Insurance Coverage Provided Certified Mail Do not use for International Mail No Insurance Coverage Provided (See Reverse) Do not use for International Mail Kt to inm III, A4 in or Sale a W. P.O., Stale and ZIP Code Postage Certified Fee ,. Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Deliahead Return Receipt Showing u Whom, Dau, and Addressee's AddrM TOTAL Postage & Fees is Ppsimark or Is (See Reverse) K, in m O M IL Do Se eedMajin-gy Street and li P.O., Sure aid ZIP Cade Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Wham & Date Delivered Return Receipt Showing to More, Dau, and Addressee's Address TOTAL Postage & Fees is Postmark or Date SENDER: SENDER: °' SENDER w -complete items 1 and/or 2 for additional services. I also wish to receive the m I also Wish to receive the fp N - - 1 also wish to receive the w :Complete Items 1 and/or 2 for additional services. 1 v .Complete items 1 andror 2 for additionapservices.. h •Complete items 3, 4a, and bb. • following SBfViCOS (for an i i •Complete items 3, 4a, -and 4b. following services (for an w .Complete items 3, 4a; and 4b. ' following services (for an d • Print your name and address on the reverse of this form so that we can return this extra fee): d .Print our name and address on the reverse of this form so that we can return this m sprint our name and address on the reverse of this form so that we can return this % card to you. ) ai » y extra fee): �, v extra fee): ai 1 j d a ° card to you. 66 card to you. ° > Attach this forth to the front of the mailpiece, or on the back if space does not 1, ❑ Addressee's Address at .Attach this forth to the from of the mailpiece, or on the back if space does not 1, ❑ Addressee's Address 'I d -Attach this form to the front of the mailpiece, or on the back if ace does not permit. ,0 > '� > P 1. ❑Addressee's Address •�. s ete'RefUM Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Deliveryd : permit. y S m permit. •The Return Recei will show to whom the article was delivered and the date N d • Wnte'Retum Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery N ry at •Wme'Retum Receipt Requeated'on the mailpiece below the article number. 2. 11 Restricted Delivery V) $ aThe Return Receipt will show to whom the article was delivered and the dale j .t. aThe Return Receipt will show to whom the artide was delivered and the date �l a delivered Consult postmaster for fee. •m c delivered. Consult postmaster for fee. d M1 c delivered. Consult postmaster for fee. .d 1 v 3. Article Addressed to: 4a. Article Iter ; 3. Article Addressed to: 4a. Article Number 4°, rc v 3. Article Addressed to: 4a. Article Number d ° d z�5 90 5�7 ; dp��( ads a�� E _ q '^ z a&� j E beverl L• re&fie 4b. Service Type � � I E Rwl�n�"'�- 10/p(nor 1 4b. Service Type m �' �• ��(N f0aha4 y 4b. Service Type z j v ❑Registered ertified Im k°� •JJ She(/� K• ❑ Registered &-ldertified 0 u /� r��� n/� /[� �/ / n._ [3 Registered LEYi.ertified cc N P o • ox gas ❑��Express Mail ❑Insured so (��, ❑ Express Mail ❑ Insured c y "T V �3rr d5 ! i Lane ❑ Ex ress Mail ❑Insured c 048,iumReceiptforMerchandise ❑ COD ° ' 0 Lu W P'©- +��x [.�ietumReceiptforMerchandise ❑ COD ° / (j etumReceipt for Merchandise ❑COD o ' 7. Date of Delivery ° p 7. Date of e ° o "/ r� I' (5 7. Date of Delivery z f►enf, /Uy /1957 s-� Dr►�„+, /Jy ��q57 T a Y 7 5. calved By: (Print Name) 8. Addressee's Address (Only if requested e' 1 5. Receiv (PdnNleme) 8. Addresse s Address (Only if requested 5. Re ivek - Name 8. Addressee's Address Onl if requested x and fee Is paid) m and fee is aid '° ' °� ��' � ) dress( Y q i F m p) F bu and fee is paid) t g 6. Sig to : (Addy a or Ag t) ¢ 6. Si t r s orA ant 6. Si rid or ~ ° _ e ) 9 T O _ O PS Form 3811 December .94 Domestic Return Receipt 8 S Domestic Return Receipt y' X 5� gvfl vGir, P - Ps Fo 1,_ ec bar lssa P Ps Fo fl?be 1 tZrn VG1r Domestic Return Receipt - -- - - --- ja SENDER: m SENDER: I also wish to receive the •O •Complete hems 1 andfor 2 for additional services. I also Wish to receive the •O :complete items 1 andlor 2 for additional services. M •Complete items 3, 4q and 4b. following services (for an m .Complete items 3, 4a, and 4b. following services (for an 7 41 •Prim your name and address on the reveres of this form so that we can return this extra fee): I ` • Prim your name and address on the reverse of this form so that we can return this extra fee): card to you. ) card to you. v t i a�amcn this forth to the from m the mailpiece, or on the back if space does not 1, ❑ AddrOSSee's Address •� y NAftacpermh this form to the from of the mailplace, or on the back if space does not 1. ❑ Addressee's Address •° - 1 y •Write'RetumRecetpfRequesfed'onthe mailpiecebelow the article number. 2. 1:1 Restricted DeliveryN 41-Write'ReturnReceiptRequested'onthemailpiecebelowthearticlenumber. 2.❑RestfictedDBliVery co, ,j aThe Return Receipt will show to whom the article was delivered and the date N $ -The Return Receipt will show to whom the article was delivered and the date a C delivered. Consult postmaster for fee. L a delivered. Consult postmaster for fee. u v 3. Article Addressed to: 4a. Article Number ¢ v 3. Article Addressed to: 4a. A,rttcle Number c --7 z, a(os 90 s o d a (05 e Ca l / / t 0Ye 4l�lJ�Gi� ° An+hony A V n U 4b. Service Type d E > �-�,1 4b. Service Type E u Charlotte. widen � ¢ � � (l0 ��31 ❑ Registered C�1'Eertified � S ❑ Registered ertified .8 YYYJJ c wox ❑Express Mail ❑ Insured m w /��,1 ❑ 6k ss Mail ❑Insured w �etum Receipt for Merchandise ❑ COD ° 1 cc Ma (Y1 /C (:JL• ,tum Receipt for Merchandise ❑COD e a -i& tY'r my ' 195 7 7. Date slivery ',� o ' Q ©�-1 �,�-) �, y 7. Date o live_ 0 ° + >' 8. Addressee's Address (Only ri requested 5. a y: (Print Name) 8. Addresse Address (Onty if requested � 5. Rec 'v d hiy: (Pn'nt Name) e ( Y q LU - and fee is aid t L ` JJ� and lee is paid) 1 g e: ( sseeAgent) ~ g 6. Signature: (Addressee Or Agent) %Xvn VGtF Domestic R X °> - PS Form 3811 December 1994 eturn Receipt Ps Form 3811, December lssa Yn Va.r • Domestic Return F a SwimKing Pool ARM AW twa Wiff 471 Route 25A Rocky Point ❑ Ne 25 ihST itatlNE WOW �WjTbrlf Apr - i �p ba ? 26S 9ai 571 returned For Better Address / -VA Ce LDY, Mao - -41 �a SENDER: W :Complete items 1 and/or 2for additional services. I also wish to receive the a • Complete items 3,4a, and 4b. following Services (for an H e Prim your name and address on the reverse of this form so that we can return this card to you. extra fee): d eAttach this form to the front of the mailpiece, or on the back if space does not 1. ❑Addressee's Address e permit. • te'Retum Receipt R uested'on the mail lace below the article number. p eq 2. ❑Restricted Delivery d rn a .The Return Receipt will show to whom the article was delivered and the date is delivered. Consult postmaster for fee. .d m 3. Article Addressed to: 4a. Article Number m d a&5 03 57lIE E . _ 0�9 Oih,Z 4b. Service'Type_. Registered ic rn Co mm no Cern 0 P a s Mail o mea 0 c A y l l c157 ,v , C�etum Receipt for Merchandise ❑COD 7. Date of Delivery // Z T. 5. Received By: (Print Name) 8. Addressee's Address (Only if requested LU ¢ and fee is paid) m f' N 6. Signature: (Addressee or Agent) a° n X PS Form 3811, December 1994 oSern Var. Domestic Return Receipt 10101 NV. TOWN OF SOUTHOLD BUILDING DEPARTMENT Town (:Ierk's Office Southold, N. Y. Certificate Of Occupancy No. ,Z.43G.5.... Date .... August...27............. 1971. THIS CERTIFIES that the building located at B.irds. Bye. Road........... Street (Pvt. Road if 2) Map No. XXXX ....... Block No. U= ....Lot No.. orient, .New .York ............ conforms substantially to the Application for Building; Permi, heretofore filed in this oTicr dated ..January..... 11...., 19.71.. pursuant to which Building Permit No. ..511.72 dated ..January .... ]....., 19.71:., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is I issued is .... private, arid. familv..dwel ling ................................. . The certificate is issued to ...Jonathan .Stern ........ ........................... (owner, Irssee or temmi.) of the aforesuld bulldl16. Suffulk County Department of Health Approval..b1A ................................ GI��[ .r ✓ ........................................ Building Inspector ]louse if 700 Birds Eye Road (Pvt. Road if 2) The N.y.S. Environmental Quality Review Act requires submission be this :ora, and an enviro"nmencal review will L� Le made Ly this oara before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be. undertaken. (b). If any question has been answered Yes the project may be"sig- ni£icaat and completed Environmental Assessment Form'is necessary. .(c) If all questions have been answered No it is Likely that the project is not significant. (d) Environmental Assessment` , 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land'2 v 15. Is there public controversy concerning the project? " Yes No Preparer's Signatur Representing, ZEA 9/-75 M^ Date: j1 es O 2. Will there be a major change to any unique or unusual land form on the site? - __e -No 3.' Will project alter or have a large effect on an existing body of water? '_Yes Na 4. Will Project have a potentially large impact on - groundwater quality? ,: _Yes "I 5. Will project significantly effect drainage £low on adjacent sites? ) _Yes`No S. Will project affect any threatened or endangered plant or animal species? _Yes V_)No 7. Will project result in a major adverse effect on Q� air quality? _Yes N "No S. Will project have a major effect on visual char- acter of the community or scenic views or vistas - : known to be important to the community? _Yes No 9. Will project adversely impact.any sitz or struct- ure of historic, pre -historic, or paleontological importance or any site designated as a critical F,J, envircnmenta.L area by a local agency? _Yes . 10. Will project have a major effect on existing or _N0 future recreational opportunities? —Yes �\`- kwo 11. Will project result in major traffic problems or • cause a major effect to existing transportation systems? __Yes no 12. will Project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes o" 13. will Project have any impact on public health or safety? Yes No 14. Will project affect the existing community by " directly causing a growth in permanent popula- tion of more than 5 Percent over.a one-year or have �/ period a major negative effect on the --Yes character __kNo '''Y� of the community or neighborhood? 15. Is there public controversy concerning the project? " Yes No Preparer's Signatur Representing, ZEA 9/-75 M^ Date: j1 11 ,a., 6-a 12fe71_Test 12 PROJECT LD. NUMBER 61711 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEOR 1.. APP NT /SPONSOR I c. rnwcu. .nmc 1, PROJECT 1*0 ON: � County Municidallty Kj a, PRECISE LOCATION 15tteet address and mad intern 10III , prmnm nt landmarks, eta, or prdvide maul Yd se R� 0 r�leB� Grr�S s �fire2� - N1Q��t �d� -ra X Map t oun-- 5e6 1'7 810(�Ka L45+ 5. IS PROPOSED AC:-OO�fN: Q New ClLExtension ❑ MatllRCatfoNiltegtldn 6. DESCRIBE PROJECT BRIEFLY.- rtx�Q- v l i�� I l i t� �U► vnyVl � �� W 11'(� G}- RIEFLY:(D (DX� I vt { 0 COV. 7. AMOUNT OF LINO AFFECT r.D: Initially acres Ultimately a ---- a, WILL ?ROPOSEDACTON COMPLY WITHISTINH CR OTHF,.4 E�XIjQ5+i7NG LAND SE RESTRiC�O 0 ki lY„�•" l�y9 � ❑yes L1L: N{o� it No, despnlle unefl el S C"tILl I�`" d 7/�%nt p �/�, I� 'V 1 V � I's 1 Y J vl+ I 9. WH T IS PRESENT LAND USE IN VICINITY -OF PROJECT? Te tv Residential 7-1Industrial LJ Commercial ❑Agriculture ?arklFaresu nsdace 'Omer �e`salte: Ia. DOES ACTION INVOLVE A PERMIT APPROVAL OR r NOING. NOW ORULT( FROM ANY OTHER GOVE.RNMEN7AL AGENCY (FEDERAL ClTELY STATEORLCCAUn l Yea / No It yes, list agencylsl add DeneiVaepmvals 11, DOES ANY AS ECT OF THE AC13N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? Q Yes 114^ It ya: list agency name and perm,tlavoroval � 12. A�r--STIA RESULT O PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOCIFICATION? Yes No I CERTIFY THAT TRE INFORMATION PROVIDED ABOiVVE IS TRUE TO THE BEST OF MY KNOWLEDGE / AtpliClndeppnpdr n me: � FF�� _ OatC /.At/2 q10 SidnalurM _ If the action is in the Coastal Area, and you are a state agency, caITI the Coastal Assessment Form before proceeding With this assessment UVth 1 (Continued on reverse side) m 0 • QUEST:CMTAIRE ^CD T_:_.TG WI^'a YOUR Z.S.A. AppLICATICN A. Please disclose the names of the awner(s) and any ct;^er individuals (and entities) having a financial interest in t: -ie subject premises and a description of their interests: (Separate sheet'may he attached_) fJ V) . B. Is the subject premises listed on the real estate marxet nor sale or being shown to prospective buyers? { } Yes { >} No. (if yes• ni e�ea at_._acb coI77or "condi`"i^amu of sZe_ ) C. Are there azyp �=posals Ito .orange = alter l=d { } Yes {! ,} No D. 1. Are there any areas which contain. wetland grasses? 2. Are the wetland ar shown an the man submitted wit.: this application? 3. Is the prapertr bulkheaded bet-x�n the wetlands area and the upland building area? —tKM 4. If your property contains wet.il cs or pond areas, have you contacted the Office of the rr,,n Trustees for its determination Of J-urisdictian? N6 E. Is there a depression or sloping elevation near the area of proposed c'Ap�nstuc=en at or below five feet above mean sea level? (If not applicable, state F. Are there any patios, concrete barriers, bulkheads ar fe^.s whichosis: zn are not shown on the surrey man that you a_r_ suhmitting? W4C If none exist, please sta_.a "none." G. Do you have any const r c ion taking place at this time concerning your premises? If yes, please sshTit.a capv Of your building permit and ;nap as approved by the 3uildi.g Department. If none, please state. H_ Do you or any cc -owner also awn other land close to this parcel? If ves, please explain where or submit a cs of deeds. / 9'7 1' r r a this q •. .••..• c..c..Ie. - G .010, 1 ..a...n.194.690 w S0L27 FOAM O % • NNI •a5T ! • L dMc>KTE ca's1:a � / 1 i 1 :., u p p•V14CYl(^•'� AA 1_�_. S -AVE 1 •O �_�� YINTL• �IAFa— PLAN 2•- � SSNO SO�aM .I SECTION B -B WiE SECTION . A -A st:c la lei cloicirlalmica. aat.•2 TREATED Waco aNrN0aE0 TO cpNgC:L r dAC cas'= ccugCR :ING =S-!')) Baas - FORM T1:5 -.soole so�zE7 e:Ncz-E PLAN TYPICAL WALL E •Baas MOTLi eLss Te It swam- NOM sate TTP• St.O.Ea a"aT MGM mm "&TEo elucsM. S"L• K uamm TO OWNERt ""WENT? To WIT LGAL BECU6LTIONS ia'M SRIYY Eat • i CII,: FA Me h;..• i ri,SY ilea 1 TO aE'v�t<S `ll N ! 'O I•aTF �, i PIPING ARRANGEMENT • i Y i w • Ll l. Es• 1— {..0 1 13 OPTIONAL STEP Pty y- _•� - •1 r T ' 3 S'FPS 1 MeMe Data • n. .K�.� • 1 I_ GPTIONAL STEP = TYPE 2. Or MBN• . �, 4� P t�NTAAL:DR a: tI RAMDT T. RDDECEER. INC. swim KING PC= ROIf ^SA • 0 : : w S0L27 FOAM O % 1 BE^MEFM UNERR ! • L dMc>KTE I( 1 i 1 :., . • ..• p•V14CYl(^•'� AA 1_�_. dAC cas'= ccugCR :ING =S-!')) Baas - FORM T1:5 -.soole so�zE7 e:Ncz-E PLAN TYPICAL WALL E •Baas MOTLi eLss Te It swam- NOM sate TTP• St.O.Ea a"aT MGM mm "&TEo elucsM. S"L• K uamm TO OWNERt ""WENT? To WIT LGAL BECU6LTIONS ia'M SRIYY Eat • i CII,: FA Me h;..• i ri,SY ilea 1 TO aE'v�t<S `ll N ! 'O I•aTF �, i PIPING ARRANGEMENT • i Y i w • Ll l. Es• 1— {..0 1 13 OPTIONAL STEP Pty y- _•� - •1 r T ' 3 S'FPS 1 MeMe Data • n. .K�.� • 1 I_ GPTIONAL STEP = TYPE 2. Or MBN• . �, 4� P t�NTAAL:DR a: tI RAMDT T. RDDECEER. INC. swim KING PC= ROIf ^SA • 0 BOARD OF APPEALS. TOWN OF SOUTHOLD �Ip1n/the rMatter or the Petition of to the Board o ooeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: 0 NOTICE TO PROPERTY OWNER 1. That ' is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subject of the Petition is Ipcated adjacent to your property and is des- cribed as follows: the property which is the subject of such Petition is located in the following zoning district: 4 That b� such Petition, the undersigned will request the following relief:: '-the s el \qao .-At s VtoLzt aWni- Wc, a e, rear yv 5. That the provisions of th Southold Town Zoning Code applicable to the relief sought by the un -e - signed are Article I I Section C kia f'' 100-53 6. That a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing inust be published at least five days prior to the date of such hearing in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: J!_ jI15- 19� Petitioner Owners'Names• 1 r��— Post Office Address r Tel. No. �tJIIQ)3�J—a9�3 [Copy of sketch or plan showing proposal to be attached for convenience purpuses.1 Ude her- r�ec ors SA -0n Cet r- Poo cJ24�,ti�� L iia ln� �¢Vr rr1c1 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora �,�oSUFFoc�-�oG rn Me W • BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appeal #4411 ACTION OF THE BOARD OF APPEALS September 19, 1996 APPLICANT: JONATHAN STERN SUBJECT PEi.OPER.TY: 700 Birds Eye Road (private), Orient. 1000-17-2-1.13 BASIS Ole APPEAL: Notice of Disapproval issued by the Building Inspector (Inted June 19, 1996: "...Accessory buildings and uses shall be located in the required rear yard; Article Ill, Section 100-33." R.-40 Zone. R.ELiEl" RE'QUF,S'PED: To locate a proposed accessory swimmingpool structure in a ,front. yard area (two front. yards along a private road and another right-of-wny to the south) instead of the required rear yard which is east of the existing dwelling. MOTION MADE BY: James Dinizio, Jr. SECONDED BY: Lydia Tortora ACTION/RESOLUTION ADOPTED: Granted as applied without a deck and located in a requested location 90 feet from the front line (Birds Eye Road) and at. 200-218 ft. from the southerly right-of-way/property line. (Note: Al,plicant will be returning for final reviews and obtain other required approvals (i.e. Building Perrnit and Certificate of Occupancy) from tho Building Inspector's Office.) RF.ASONSWINDINGS: This is an area variance request based upon the unusual dimensional configuration of the property. The Board finds that location of this swimmingpool is not unreasonable for the following reasons: a) the front yard area is enormous in relation to the easterly rear yard; b) there will not be an undesirable change produced in the character of the neighborhood or detriment to nearby properties - the pool is located 90 feet at its closest point to either front property line and 80 feet (or more at the option of the applicant) from the northerly property tine, which is no closer than that required for a principal building; c) there will be a fence enclosure and other screening; d) the pool is not substantial in size, and its purpose is for use by residents and their guests accessory to the main residence; e) to locate the swimmingpool in any other area would not be more beneficial to either the applicants or the surrounding neighbors; f) there is no area available in the rear yard for placement of any buildings or usable structures of this nature because it is so small and almost nonexistent; g) this is the minimum variance necessary under the circum- stances, and the health, safety and welfare of the community will not be adversely affected by its location; h) due to the location of the principal building, the yard areas are unusually established and the required buildable yard arcus need to be varied, from what may be rear yard feta gtttex+apa throughout the town similar in size and shape. VOTE OF THE'. HOARD: Ayes: Doyen, Dinizio, Villa, T Lora, Goehringer. '['his resolution was unanimously adopted 4/96 Ap ,: rued for i'ilin . /2 /9s