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HomeMy WebLinkAbout3986 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr, Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ScoTr L. HARRIS S~isor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765~1823 Telephone (516) 765-1800 DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 3986: Application of BARRY & BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the subdivision Map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel No. 1000-76-1-1. WHEREAS, a public hearing was held on November 29, 1990, which time all those who desired to be heard were hear~ and their testimony recorded; and at WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Sun Lane at Bayview, Southold, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 76, Block 1, Lot 1. Page 2 - Appl. No. 3986 Matter of BEVERLY AND BARRY LEHR Decision Rendered December 13, 1990 2. The subject premises contains a total lot area of 6,733 square feet (to tie line along Goose Creek) and is improved with an one-story dwelling and the subject frame shed structure as shown on the survey updated August 23, 1990 prepared by Peconic Surveyors. 3. The accessory storage building which is the subject of this appeal application is situated partly in the front yard area and side yard area and is approximately 18-1/2 feet by 8-1/2 feet, at a height of not more than nine feet. 4. For the record it is noted that the subject accessory building has been existing since about 1962. The zoning provision for accessory buildings in the "A" Residential and Agricultural District during this time period, under Section 300, subsection 7, was permitted by town policy to "not require a building permit, provided that all use, height and yard requirements had been complied with." The yard requirement was "not less than fifty (50) feet from the front lot line." A letter from the previous building inspector was furnished for the record indicating that at the time he had considered the accessory building, he did not require a building permit under Section 703 of the earlier zoning code. 5. Article III, Section 100-33 (referred from Article III-A, Section 100-30A.4 from the R-40 District provisions) of the Zoning Code allows accessory buildings to be located in the required rear yard area, but does not provide for accessory buildings to be located in any other yard area. Due to the nature of the size and character of the property and the location of the dwelling as exists, the location chosen for the frame shed is not unreasonable. There is no alternative location to place the accessory building without a variance in any of the open yard areas due to the nonconformities of the premises and dwelling structure. 6. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land; -Appl. No. 3986 Mat~e_r of BARRY AND BEVERLY LEHR Decision Rendered December 13, 1990 (b) that there is no other meth pursue; and placing the structure in any o premises would require other variance Town Clerk, Town of ooutnoid ~d for appellants to h~£ location on the relief; (c) that the area chosen for the accessory structure 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 precedents have been established in area waterfront communities for the same or similar placement of accessory buildings in a yard area different than limited yard areas seaward (and usually the technical rear yard) of the dwelling; (f) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied and conditionally noted below. Accordingly, on motion by Mr. G0ehringe~ seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the Matter of the Application of BARRY AND BEVERLY LEHR as applied under Appeal No. 3986 for the placement of a frame shed structure in the westerly yard area as more particularly shown on the August 23, 1990 survey, SUBJECT TO THE FOLLOWING CONDITIONS: I. That the accessory building not exceed one-story height (10 feet or less); 2. That the subject accessory building not be converted or increased in size for use for habitable, sleeping or business purposes (to be used for storage purposes incidential to the residence only); 3. That there be no plumbing facilities placed within the building! 4. Ail other provisions of the Code as pertain to accessory uses and accessory buildings for this Zone District . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio, consisting of the entire board. This resolution was duly adopted lk /GERARD p. GOEHRINGER, ~IRMAN APPEALS BOARD MEMBERS Gerard P. Goehringcr, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) '/65-1809 ? BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. Appl. No. 3972 - PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985 - HERBERT AND CATHERINE LINDTVEIT. Variances to the Zoning Ordinance, Article XXVIII, Section 100-239.4B and Article XXIy~, Section 1Q0-244B for proposed one-story and second-story additions with two-foot over-hangs (cantilevers) Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum required at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and the lot area and width are also nonconforming in this R-40 Zone District. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel 1000-87-4-7. Page 2 - Legal Notice Hearings to be Held November 29, 1990 Southold Town Board of Appeals /oarr 7:40 Appl. No. 3986 - BARRY AND BEVERLY LEHR. p.m. iance to the Zoning Ordinance, Article III, Section 100-30.2A approval of the location of accessory building located in an area other than the required rear yard and located within 75 feet of the bulkhead along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Property: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of "West Creek Development" filed July 6, 1937 as County File No. 1236. County x Map Parcel ID No. 1000-76-1-1. 7:45 p.m. Appl. No. 3988 - ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239.4, for permission to construct garage addition with a setback of less than 100 feet from the top of the bluff along the Long Island So~d and with~side yards at less than the required 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. Page 3 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford Friemann. Variance to the Zoning Ordinance, Article X, Section 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as exists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B-General Business and Agricultural-Conservation. of Main Road, Cutchogue, NY; 1000-102-2-24. Total area: Location of Property: North Side County Tax Map Parcel ID No. 19.596 acres. 8:05 p.m. Appl. No. 3977 - BE'±"l'f J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788 ''SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for interpretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard location. Location of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. Page 4 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:30 p.m. Appl. No. 3983 - JANET MALONEY. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District. Location of Property: 30 West Lake Drive and 2505 Little Peconic Bay Lane, Southold, NY; County Tax Map Parcel ID No. 1000-90-1-25; Cedar Beach Park Lot No. 125, filed Map No. 90. 8:35 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variance to the Zoning Ordinance, Article III, Section 100-30A(1), as disapproved, for approval of second dwelling apartment unit, as exists. Building as exists contains two dwelling units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot ar~a,.width and depth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85-3-2.1. Page 5 - Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 8:45 p.m. Appl. No. 3973 - JOH~ AND ROSE MILAZZO. Variances to the Zoning Ordinance, Article XXIII, Section 100-239.4 {a/k/a 100-239d(B)} and Article XXIV, Section 100-244B for permission to locate addition and reconstruction of dwelling structure with setbacks: (a) at less than the required 75 feet from the bulkhead, (b) at less than the required minimum 35 ft. rear yard at its closest point, and (c) at less than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards required minimum of 25 feet. Existing dwelling structure is nonconforming as to the northerly side yard, the rear yard, and the setback from the bulkhead. Lot area and width is nonconforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation request!ed r~garding~second kitchen facilities and its relation to single-family verses two-family uses, and a variance for addition with an insufficient frontyard Inlet Lane, Greenport. Continued from November l, setback. 185 1990. 9:15 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scallops and/or conches for wholesale distribution. Scallops Page 6 Legal Notice Hearings to be Held November 29, Southold Town Board of Appeals 1990 and conches to be delivered for off-premises consumption or sales. Zone District: Agricultural-Conservation (AC). Location of Property: 1575 Lower Road, $outhold, NY; County Tax Map Parcel No. 1000-69-5-13.2. Continued from November 1, 1990. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: November 9, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRM3%N By Linda Kowalski .! FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL . ~...~... ~.. s..~.,. ;.,s ~.~ .... PLEASE TAKE NOTICE that your application dated .~ cZ2a..~ ! ..~-,.~sa~ 1! ., 19 .~ o forpe~itto ~~.~..~~ ~ .~ 3~~~ at Loc '~ ~ ~ ~ ' ~'"~"Zc~'"~" ~'' ation of Property ,. .... ; ............. ~ ........ ~~. ........... ~ouse ~vo. Street Ham/er County Tax Map No. 1000 Section .... .~.~.... Block .... .~ ~ ...... Lot . .~. J ......... Subdivision ................. Filed Map No. ~ ............... Lot No...~:~ ............ is returned herewith and disapproved on the following grounds .(~....~.....~..~ ~'ca,~. I... ~0.~ ~ ~.~.~. ~~...~.. ~..~..~. ~.~. .~ ...... ~..~. ~ .......... ~.~ Building Inspector RV 1/80 FORM NO. 1 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Application No ....../...?..~..~.. ............ Approved ................... ~.! ............... , 19 ........ Permit No ................................. Disapproved a/c ....~...;,~ ...... ............................. i~L;ii~ ........................... APPLICATION FOR BUILDING PERMIT Date...: ................... ~...~.......~.. ........ , 19..~...c) INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing tocotion 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 location. 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 issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of 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, ordinamces and reaulatlos~s. .................... t,,~Signatu~e of appdcant, or name, it a corporation) ..... ~t~aaress or app:icant) V State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .................. ~..~..~..~.~..~.....Z~..~.. ~..~...-iZ.. ..... ' Name of owner of premises .......... ~.. ....... 1~. ...... .~. ..:...~-../...~.~,~... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1. Location of land on which proposed work will be done. Map No: ....~..../...~.....,~...~.. .................... Lot No:..~- ........... Street and Number ....... ..~...~.J./. ....... ZfI~.~..~., ............... ~-- ~...~.,.~...~.~..~../..,~'..~ ...... ~~...~..~ Municipality / / -- 2.State existing use and occupancy of premi,ses ~and intended use and occupancy of proposed construction: a. Existing use and occupancy ........ ~./..~Z';/,.~...¢ ........ ~...~.,~...~.,.. "" ¢...u. ...................................................... :" b. ntended use and occupancy ............................. ~.../(... ~'..~...~'. ........................................................... 3. Nature of work (check which applicable): New Building .................... Addition...~ ........ Alteration .................... Repair ................j~.Removal .................... De. moliti,o,n .................... Other Work (Describe) .................... 4. Estimated Cost .~...c~..).~.O...O...x...q..O.. ........ ge..O..H...T..b.'.9, i~e[O....H...~L~..O..T. ............................................................................ TH'~MT,qAq3cI OHIOJl~ be paid on filing this application) 5. If dwelling, number of dwelling units ....... /~L;J]D..~:~Jl~iJ~rTb&d'~rwelling units on each floor......~.. ......................... Y H ,QJOHTUO~ If garage, number of cars ............................... '.....:. ... 6 If business, commercial ~or mixed occupancy, specify nature and extent of, each t e of use ....................... · .......................ov~ na~lu3uc4q/~ t / .~ // u~'-~*,,'" ,~,'~P ............... ... ~.._ 7. Dimensions of exmt~,ng structures, ~f any: Front...~......~.........~.. ..... Rear .....~.....~..:...~... Depth ~/~ '~' · .~ /~/ ................... ~ ............ ~ ,~,~ ......... ~ ,. ~_,,/o~qqA Height ....~.~ ................ Number of Stories ....... ~ ......................................... Z ...... z.z ................................ .< ......... Dimensions of sgme structure with alterations'or~ddit'o',~:'Fro, t" ~;~.Z~ ' Rear .~.~ ~':~ Depth ...~..Z~ ........... Height ....... ~ ............... --/x~ . ~Number..of. Stories.. ----~ .-Z ....... ~ .......... ____ ~-... 8. Dmensons of entre new construct on Front ~.~.. :~.. Rear ~.~.- Depth .~....~....-- Height ............... Number' of Stori~::::::/.::::::.;::m::,:::., 9. Size of lot: Front ...... ~.~ ....... >Rear ...~......~ .......... Depth ...~ ............... 11. Zone or use district in which premises are s tuated ~~ ........................... 12....~oes proposed constructi0~.~iolate ~y,~e~ing law, ~inance or regulation? ..... ~ ....... Name of Architect ............................................. y...t.A~d~ss .......................................... Phone NO. ....... ....... ?r.i ~ i ~ 9f~ Contractor .. . .:.. ~r~ (.~ . re~ ,,..~,: . > ~ ,w, · .Phone NO. PLOT D AG~M ' ~:. ~, ~ete. clearly a0d, distinc~l~.ol~b~il~ngG~whet~er: ~isti~g ~Q~ proposed, and indicate .all.;~t~k,,dime~iensnfrom proper~ I ~s. G ye street and block numbers or descript on according to deed, o~d show street names and ndicate whether interior oFC0rhbtt~hu'~ i. r,~.nu/~,~ :n,)iod ho~.~,~,l,~,;, u,l .,,,, .,,m n,,,U,,m ,ii, .-~ ,,', ....... ~ /~-~ to) hoxi~odtuo vhJb 3'IUIDn~i8 otmcq~og ~ei tnD~ilqq~ STATE OF NEW YORK ) ¢ ¢ (~ c* (/ . - aY ~ ..... COUNTY OF ) .,./,,7,r~.~.F .~.,,.~,.~. . ..~c..~ ~ /---d ~ ~_ l, / . -- = ';' ~/'~ ~"~'~'.~// ;' ' /~-. ~~""~'"~"'""~;'""-'"'". ~/~ ~0~ , ;How t~.~oclo~q r~nw r;o b, 4; ;o ~;~). : ~" (¢Nome of individual signing~plication) ............ ,,~ ........ o · . above named. He is the ..................... ~~ ....... ~~ ................................................................................. of smd owner or owners, ohd is duly authorized to perform or have ~rformed the'said work anita make and file this application; that all statements contained in this application are true to the best of his~knowledge and belief; a~'Jh~'th~"~0rE' ~jl)~'pe~f6~med in t~e'man~e~ f~n the applic~{~n filed therewith. ' SW6F6"f~' b~f6~e"~ ' fhi~ ...................... ', .... c~a~ .... ~"7 . .' ~ ..................... ............... ............ ............ applicant) R ED 'row. OF SOU'mOLO, APPEAL FROM DEC~J~)I~j LDING INSPECTOR TO THE ZONI~IG:'~A~i~At~S~IL'OWN OF SOUTHOLD, N. Y. (We) 9.~.~... ~ ...~ ~..v.~.~...~.~ ~. ................. of ......... .s...°.~ ~. h .. ~ .a. ~..b..°..~ ...~ .......................... Name of Appellant Street and Number Southold ....N...e..w.....Y..°...r..k.......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....~..e.p...'g..e..m...b..e...~....]:.~/.....];.9...9..0. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO William H. Price, Jr. as agent for .. ~..a..r...r.~....a..n...d.....B..e.y..e..r...Z.~....L..e...n..r.. ......................... Name of Applicant for permit of ............ .................... ................ Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X~ PERMIT TO CONSTRUCT 1. LOCATION OF THE PROPERTY15 Sun Lane, Southold A-Agricultural/Residential Street /Hamlet / Use District on Zoning Map .D.!.s.?.~!.c.~.~].~..~..~.~.S..e..c..~.~!~.~n.~..~.~.?....B~l..~.c...k~.~..~"L.~.?~.~current Owner Barry' & Beverly T.ehr Mop No. Lot No. Prior Owner ~oseph & Estelle Berdinka 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 Ordi.nance.) Article TZT Section 100-30.2A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×x~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal OaamJ (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 ...................................................................... ( ) (X3 ( ) 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) ~I~V REASON FOR APPEAL Continued l. STRICT APPLICATION OF THE ORDINANCE would I~roduce practical difficulties or unneces- sary HARDSHIP because the structure was ere~"~i~2/63 after consultation with the then Building Inspector - to require its re- moval at this time would produce an unnecessary hardship in that applicant stands to lose $5,000.00 if same is removed. It poses a practical difficulty in that the configuration of the lot makes the current location of the shed its only practical location as opposed to being maintained between the house and the water on this small lot or between the house and the adjoining developed property. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is a small parcel of property fronting on a creek with access being a dirt right of way. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the shed was constructed in accordance with what was instructed to the applicant by the Building Inspector who based his instructions on the then interpretation that the front yard of the premises did not include a dirt right of way which resembled a driveway. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Sworn to this ................ ~-~...~...~.. ......... day of .................... .O..c.~...o..b...e.~ ................... 1990 ~/Notary Public TOWN SOUTHOLD PROPERTY RECORD CARD~' ~ '- OWNER NER SEAS. VL. STREET VILLAGE S W FARM CO/VWL I IND. DISTRICT I SUB. LOT CB. I MISC. / NEW Fa rm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot IMP. NORMAL Acre TOTAL DATE i ? ,~, , ; BELOW Value Per Acre ABOVE Value Extension r~- ?~'~ /~ ~asement /~/~. ~.f.- Fl~s p~ , Extension ~t. Walls ~.,~ Interior Finish ~A .' '~C-. ~ [xtension ! Fire Ploce He~t Porch Attic ~i~, ¢'--~,' Porch Rooms 1 st Flor ~ ~.' '-:.. Breexewo Potio R~ms 2nd Flor ..... ..~ G~roOe Driwwoy ..... < OB ~ AREA = ~,~$$ eq, ft. SURVEY OF L O TS~,,~: lo~& 2 TITLE NO. LON~ ~ WALTER (to ti~ ine) CERTIFIED TO: FIRST AMERICAN TITLE II~,,~IRANCE COMPANY OF NEW Y'OI~ . .,.. ,OOOs,,o- ';..- =°';o'°' SUN 1AN~ (UNMAV~o) s ~ Aug. 23, 1990 FILED JUl. Y ~, 1957 FI.E NO. 1255 A T BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. MAIN ROAD $OUTHOLO, t4 Y, 1~71 90 - 267 "WEST CREEK DEVELOPMENT" DEPARTMENT OF PLANNING PATRICK G. HALPIN SUFFOLK COUN~ EXECUTIVE 360-5206 ARTHUR H. KUNZ DIRECTOR OFPLANNING December [9, [990 To~n 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) which have been referred to the Suffolk County Planning Co~mission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Betty J. Copin janet Maloney everly and Barry Lehr 3977 3983 3986 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VLrTERANE MEMORIAL HIGHWAY HAUPPAUGE. LI., NEW YORK 11788 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telepho. ne (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~ Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: X Variance from the Zoning Code, ArticleIiI , Section100_30.2A __ Variance from Determination of Southold Town Building Inspector. __ Special Exception, Article , Section Special Permit Appeal No.:3986 Applicant: BEVERLY & BARRY LEHR Location of Affected Land: 15 Sun Lane, Southold County Tax Map Item No.: 1000-76-1-1 Within 500 feet of: Town or VillQge Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, State Proposed County, State or Federally Owned Land or Federal Park or or 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, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to erect frame shed in front y~rd rather required rear Nard and 75' of bulkhead. Copies of Town file and Dated: 12/ly~90 related documents enclosed for your review. APPEALS BOARD MEMBERS Gerard P. Goehfinger, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 14, 1990 J. Kevin McLaughlin, Esq. P.O. Box 803 828 Front Street Greenport, NY 11944 Re: Appl. No. 3986 - Barry and Beverly Lehr Dear Mr. McLaughlin: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our December 13, 1990 Special Meeting concerning the above application. Please be sure to return to the Building Department and any other agency which may have jurisdiction for appropriate approvals. A copy of this decision has simultaneously been transmitted to the Building Department for their file and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Linda Kowalski Copy of Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringar, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November S.E..Q.RtA. TYPE II ACTION DECLARATION 15, SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1990 Appeal No. 3986 Project/Applicants: County Tax Map No. Location of Project: Barry and Beverly Lehr 1000- 76-l-1 15 Sun Lane, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Front and side yard variances for existing shed 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 $outhold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 Appeal No. 3986 Project/Applicants: County Tax Map No. Location of Project: BOARD OF APPEALS TOWN OF SOUTHOLD November S.E..O..R.A. TYPE II ACTION DECLARATION Barry and Beverly Lehr 1000- 76-l-1 15 Sun Lane, Southold, NY ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 15, 1990 Relief Requested/Jurisdiction Before This Board in this Project: Front and side yard variances for existing shed This Notice is issued pursuant to Part 617 of the implementing regulationspertaining 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 with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please c6ntact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOJT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. 'Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copies to the following on or about 11/13/90-:--~ L.I. Traveler-Watchman (delivery 11/13) Suffolk Times, Inc. (delivery 11/13) Bulletin Board (Lobby) Individual ZBA files J. Kevin McLaughlin, Esq. Mr. Herbert Lindtveit (hand-delivery 11/13) Mrs. Beverly Lehr (hand-delivery 11/13) Mr. John Scaramucci, P.O. Box 1043, 2045 Westphalia Road, Mattituck, NY 11952 (Re: Vangi) Mr. Sanford Friemann, P.O. Box 915, Cutchogue 11935 (Re: H & S) Mr. Curt Meyhoefer, 2195 Albertson La, Southold 11971 (Re: Copin) Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 (Re: Copin} John M. Wagner, Esq., P.O. Box 279, Riverhead 11901 (Re: Sun Oil) Donald M. McGayhey, Esq., Box 981, Southold 11971 (Re: Maloney) Mrs. Phyllis Rayne Byer, Box 1161, Cutchogue 11935 Re: Milazzo: Salvator A. Caradonna, 23 W. John St., Hicksville, NY 11801 Mr. John Milazzo, 137 Kings Road, Hauppauge 11788 Mrs. Muriel Baldwin, 1045 Island View La, Greenport 11944 Philip J. Cardinale, Esq., P.O. Box W, Main Rd, Jamesport 11947 Marie Ongioni, Esq. (same as above) Mr. Victor Lessard, Principal Building Inspector Mr. Arthur G. Carlson, Box 693, $outhold 11971 Ei~L"~ OF HEARINGS OTICE IS HEREBY ~:{~IVEN, pursuant to Section · 267 of the Town Law and the ~.~ Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at. the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 29, 1990 at the following times: 7:30 p.m. &ppl. No. 3972-- PETROL STATION LTD. Hearing continued from November 1, 1990. 7:35 p.m. Appl. No. 3985-- HERBERT AND CATHER- INE LINDTVEIT. Variances to · the Zoning Ordinance, Article :XXVIII, Section 100-239.4B ' and Article XXIV, Section 100-244B for proposed one- story and second-story additions with two-foot over-hangs (can- tilevers). Portion of additions will be less than 75 feet from bulkhead along Corey Creek and will reduce both side yards to less than the minimum re- quired at 10 and 15 feet. The dwelling as exists has noncon- forming 'side yards, and the lot area and width arc also noncon- forming in this R-40 Zone Dis- trict. Location of Property: 625 Windy Point Lane (Private Road #12), Southold, NY; County Tax Map Parcel ,...~000-87-4-7. 7:40 p.m. Appl. No. 3986-~ BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance, Article III, Section 100-30.2A for approval of the location of accessory building . .located in an area other than the 'required rear yard and located w. ithin 75 feet of the bulkhead.~ along Goose Creek (a/k/a West Creek). Lot is nonconforming as to lot area and width in this R-40 Zone District. Location of Pro- perry: 15 Sun Lane, Southold; also referred to as Lots 1 & 2 on the Subdivision map of"West Creek Development" filed July 6, 1937 as County File No. 1236. County Tax Map Parcel ID No. % 1000-76-1-1. ~7:45 p.m. Appl. No. 3988-- ANTONIO VANGI. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Ar- ticle XXlll, Section 100-239.4. for vermission to construct garage addit on with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the ~:luired 15 feet and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width am nonconforming in this R-40 Zone District. Loca- tion of Property: 645 Glen Court, Cutchogue, NY; Vista Bluff Map No. 5060, Lot #1; County Tax Map Parcel ID No. 1000-83-1-7. 7:55 p.m. Appl. No. 3987-- H&S ASSOCIATES by Sanford Friemann. Variance to the Zon- ing Ordinance, Article X, Sec- tion 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) (as exists) along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot 6'2, in this pending minor subdivision, and for approval of access ac- cording to New York Town Law, Section 280A over a private right-of-way. Zone Districts: B- General Business and Agricul- tural-Conservation. Location of Property: North Side of Malnc Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 8:05 p.m. Appl. No. 3977-- BETTY J. COPIN. Continued from November 1, 1990. 8:15 p.m. Appl. No. 3788-- SUN REFINING & MARKET- ING. Variances to the Zoning Ordinance' Article X, Section 100-102: (1) for permission to es- tablish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area; (2) for inter- pretation as to height limitation of accessory (canopy) structure, and (3) for approval of canopy structure in the front yard loca- tion. Location of Property: Cor- . ncr of the Easterly Side of Fac- tory Avenue and Northerly Side of the Main Road, Mattituck, NY; County Tax Map Parcel ID No. 1000-142-1-27. 8:30 p.m. Appl. No. 3983-- JANET MALONEY. Variance to the Zoning Ordinance, Arti- cle XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconform- ing as to lot area in this R-40 Zone District. Location of Pro- perry: 30 West Lake Drive and 2505 Little Peconic Bay Lane' Southold, NY: County Tax Map Parcel ID No. 1000-90-1-25; Cesiar I~ach Park Lot No. 125. filed Map No. 90. 8:35 p.m. Appl. No. 39gl-- PHYLLIS RAYNE BYER. Variance to the Zoning Ordi- nance, Article 111, Section 100-30A(I), as disapproved, for approval of second dwelling apartment unit, as axists. Build- ing as exists contains two dwell- ing units and retail store in this Limited Business (LB) Zone District. Lot is nonconforming as to lot area, width and d~pth. Location of Property: Corner of South Side of Main Road and the East Side of Bay Avenue, Cutchogue, NY; County Tax Map Parcel ID No. 1000-85- 3-2.1. 8:45 p.m. Appl. No. 3973-- JOHN AND ROSE MILAZZO. Variances to the Zoning Ordi- nance, Article XXIII, Section 100-239.4 [a/k/a 100-239d(B)] and Article XXIV, Section 100-244B for permission to locate addition and reconstruc- tion of dwelling structure with setbacks: (a) at less than the re- quired 75 feet from the bulk- head, (b) at less than the re- quired minimum 35 ft. rear yard at its closest point, and (c) at less "~than the required 10 ft. and 15 ft. minimum side yards, (d) at less than the total side yards re- quired minimum of 25 feet. Existing dwelling structure is nonconforming as to the nor- therly side yard, the rear yard, and the setback from the bulk- head. Lot area and width is non- conforming in this R-40 Zone District. Location of Property: 9 Island View Lane, Greenport, NY; County Tax Map Parcel ID No. 1000-57-2-20. 8:55 p.m. Appl. No. 3955-- DOMINICK SBLENDIDO & A. AURICCHIO. Interpretation requested regarding second kit- chen facilities and its relation to single-family versus two-family uses, and a variance for addition with an insufficient frontyard setback. 185 Inlet Lane, Green- port. Continued from Novem- ber 1, 1990. 9:15 p.m. Appl. No. 3975-- ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article ,III, Section 100-30 (as disap- proved by the Building Inspec- tor) for permission to accept delivery of shellfish from local waters, to shuck the shellfish, and to deliver or ship the scat. Zone Ohtrtct: Al~'ultural- Propecty: 1575 t,o~r ~ Southold. NY:, County 1hz P~reel No. 1000-69-S-13.2. Coo- tinued from No~nbev I, The Bo~d of Al~enh ~Nlat said time ~ul place be~ any and siring to be heard in eneh of the above matters. Written eom- ments may also be submitted · prior to the conclusion of the subject hem'ing. Each bering will not s~u't before the time lotted. Additional time for your presentation will be available, if needed. For more information, · please call 765-1809. Dated: November 9, 1990. BY ORDER'OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX, 11/15/90 (30) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ................... ~. ...... weeks successive!y, commencing on the ....... .,~.~?..~. . Sworn to before me this /~" ~f~ ..................... day of ........... .'.~./~...~..., ~ f~... Notary Public BAR~RA A. ~HNEIII~ NOTARY PUBUC, ~te,W ~ ~ No. 4~0~6 Qualified i, Suffqlk Ceeq~// Commit, sion Expires ~/3,,/.o,.~ NOTICE OF HEARINGS · NOTIC. I~.~4~REBY GIVEN persuant to SecUre 267 of the Tom Law ~nd the Code of th~ To~ Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at ~ Regular Meeting, at the Southold~ Town Hall, Main Road, Sonthold, NY 11971, on THURSDAY,~ NOVEMBER 29, 19~0 at the for lowing limes: 7:30 p... ^Ppi. N;. 3972 PETROL STATION LTD. Hearing cmtinued f~m Novembe~ 1, 19~0. 7:35 p.m. AppL No. 3985 -- HERBERT AND CATHERL~E U~=?E ,rr.,Va~ncetto t~e Z~- tim 100-239.4R and A~ticin ~ Set, on 100-244B for IX~po~d one- two-fY over-hangs (csnilinvers). P0~on of eddi~m will be leu thru 75 feet from indldte~d alung C~ek and wi~ ~,,d-,,e bosh side yards to leas than ~ mlnlm~m n~red at 10 and 15 feet. The dwelling as exists has nonconforming side yards, and co~formin~ in this R-40 Zone Dis- trier. Location of Property: 625 Windy Point Lane (Private Road #12), Semh~d, N~ County Tm Map Pan:el 1000-87-4-7. ~' 7:40 p.m. Appl. No. 3986 / BARRY AND BEVERLY LEHR. Variance to the Zoning Ordinance. At,cie I]~ Section 100-30.2A for qyproval of the incalion of accessmy building located in an area other than the required rear yard and located within 75 fee~ of the bulk- head alon8 Goose Crech (a/k/a We~ Ct~ch). L~ is mmconfonning as m Im area and widsh in this R.40 Zone District. Location of Property: 15 Sun Lane, S~o~uld; al~o ~fe~d to as Lots I & 2 on thc Subdivisie~ map of 'West Creek Develo~mem"~ £ded July 6, 1937 as County Fil~ N~ 1236. County Tax Map Parcel I.D..~ 7:45 p.m. Appl. No. 3988 -- ANTONIO VANGI. Vailmce to the Zoning Ordinance, Article XXIV. Se~tlen 100-244 and Article Section' 100-239.4, for pennlssim to cunsm~c~ garage addltiun with a hack of bus then 100 feet fr~n the top of the bluff along the Island Smmd and with side yards at le~s than the ~qui~l 15 feet and 20 feet. The dwellin8 as exists is non- ~-~in8 as to ~ sideya~ds, and the lot a~'~r~n~ are xton. eonfmming in this R-40 Zone Dis- Court, Cutebusae, NY; Vim Bluff Map No. 5060, .I~ gl= Camry Ta~ . Map P~cel ID No. 1000-83-1-7. 7:55 p.m. AppL No. 3987-- H & Main Road, t~,~,~en, NY; County ~ yards ~equi~ed minimum ~ ~ ~ ~ ~ N~ 1~1~-2- f~ ~g dw~g s~m ~: 19~ ~ ~f~ as m ~ ~ly 8:05 p.m. Appl. No. 3977 ~ ' ~ ~y~,~ry~,~m- BE~-IY J. ~P~. ~ ~ . ~ck f~ ~e ~bead. ~ a~ 8:15 p.m. AppL No. 3788~ ~ R-40 Z~o District. ~ati~ S~ ~G & ~G. ~ Papery: 9 Island View ~e, V~ m ~ ~g ~ _ ~n~, NY; C~ty T~ Map A~ X, ~ I~I~: (1~ ~ ~No. 1~57-2-~. ~ m ~ ~ 8~55 p.m. AppL No. 3955 sto~ as~ in c~junction with and accassory to the exislinf ~aenBnel ecl which cmudm less ~ban 30,000 tim as to heisin limimi~ o~ notes- say (canol~) mucto~., and (3) for front yard location. Location of Property: Comer of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, M~ttituck, NY; County Tax Map Pared ID No, 1000-142-1-27. ~:30 p.m. AppL No. 3983 ~ ~ANET MALONEY. Vadmce to the Zoning Ordinance, Article XXIll, Section 100-239.4B for approval ~ deck within 75 feet of bulkhead DOMINICK $BLENDIDO & A, AURICCHIO. Xnterpmtation n~quested mgnnfin~ asc~d kitchen fsc/litie~ and its telatim to sin~e- family verbs two-fmnily uses, and a cinnt fmntyard setback. 185 Inlet Lane, C-~enpo~ Continued Nmemnb= 1. 1990. ~ t ~:d5 p.m. Appl. No. 3975 ARTHUR O. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article HI, Sec- lion 100-30 (as dlsappmved by ~ Building Inspector) for permission to ncce~t delivery of shellf'~sh local water, to shuck the sh~lfish, and to deliver or ship the scallops sad/or c~mchas for wholesale dis~- elong Hog Neck Bay. Lot is non- ~.~ butkm. Scallops and conches 1o be oo~om~ing as ~ 1~ ~ ~ ~b R-,~ ~ ~ f~ ~ e~: ~ W~ ~ ~ md ~ ~ ~ul~a~ (AC). ~d~ ~fle ~ic Bay ~e, ~M, ' of Pricey: 1575 Lower Road, ~; ~y T~ M~ ~ ID No. - ~ ~; ~ty ~ ~p P~- 10~-90-1-25; Cedar B~ch Pa~ / ~ No. 1~-5-13,~ ~ 8:35p.m. Appl. No. 3981~ : :..: ~A~sw~mnM PH~.r 1~ ~ BYE~ ~ ~ ~ ~ h~r ~ymd ~- Section 1O0-30A(I). as di~,,~..~ed. for appFovel of second dwelling apeflmont unit, as exists. Buildin~ as exists contains two dweHin8 units and retail ~xe in ~ Limited Busi- ness (LB) Z~e Disu'ict. Lot is non- conforming as to Im a~a, width and East Side of Bay Avenue, Cotcbugue, NY; County Tax map Pa~JIDNo. 1000-85-3-2.1. . - sons o~ .~...mmives des~ns to b~ ' W~ ~s ~y dM ~ su~: s~j~ h~g. E~h he~8 Additional tlm~ for your ~ ~ ~ ayah, ~- S ASSOCIATES by Sanford Fr~e- 8:45 p.m. Appl. No. 3973 -- . ,: OERAR~ E GOEI'~JNGER mann. Vailanc~ to the Zming OMi-~/ JOffN AND ROSE MILAZZO. ' ,., ~.~...' i .CHAIRMAN ~..~. nance, A~icle X, Section 100-102 ~_~...Va~nces to the Zunln~ Ordinnn~, . (Bulk Schedulc) for atAwoval ~( ~- .~=~.Article XXI~I, $cclion 100-239.4 sufficient frontage 0m width) {as ~'~' {a/k/a 100-239d{B)) and Article exists } dong t~e Main Road o( I~O- ~ ~;XXXV, Sectlon 100-244B for per .... pOsed Lot #3 and for approval of ' :~ mission to locate edditi~m and s~- ' #2~ .tn th~s pandas minor sub- With sefl~cks: (a) at less than divmun, and fo~ al~OVel of ~ _.'~_! ~; IL~. n~lU{md 75 feet f~m the m:enrdin8 to New Yodt Town Law, (b) at less than the required mini- Set'un 2~0A over aMiv~ fi~t-e(-~'mum 35 ~ rear imrd a Its way. Zune Disui~: B-Gene~ 1~4.' '~' '?point, ~nd {c) at less then ~ ru- ne[s.at~ ~t~cvl~ural'~se~vafi~.~.~2quired.10.f~%and~.l~ fL toinimum ~ STATE OF NEW YORK) } SS: COUNTY OF SUFFOLK) Sharon Rock of Mattituck, in said County, bein9 duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I weeks. successively, commencln9 on the 15 day of November 19 90 Principal Clerk Sworn to~ore me this JUDITH T. TERRY TOWN CLERK REGISTRAR Ol~ VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: F ROM: DATE: RE: Zoning Board of Appeals Judith T. Terry, Southold Town Clerk November 1, 1990 ZONING APPEAL NO. 3986 Transmitted herewith is Zoning Appeal No. 3986 of BARRY & BEVERLY LEHR for a variance. Also included is a letter from J. Kevin Mclaughlin, Attorney at Law, Notice of Disapproval from the Building Department, Notice of Adjacent Property Owner, Short Environmental Assessment Form, Zoning Board of Appeal Questionnaire & Survey Map of property. Judith T. Terry Southold Town Clerk ATTORNEY AT LAV~ 828 FRONT STREET, R O. BOX 803 GREENPORT, NY 11944 (516) 477q016 October 25, 1990 Town of Southold Zoning Board of Appeals Main Road Southold, NY 11971 RE: APPL2CATiON OF BARRY & BEVERLY LEHR PREMISES AT SUN LANE, SOUTHOLD, NY Gentlemen: Enclosed herewith please find: I. Notice of Disapproval 2. Application in triplicate 3. Notice to Adjoining Property Owners 4. Environmental Assessment Form 5. Z.B.A. Questionnaire 6. Survey 7. Check in the amount of $150.00 representing filing fee If you have any questions, please do not hesitate to contact me. JKM:kk Enclosures ~. , ~ , ~/ ~~,~, ~/!~ . SURVEY OF I ~ .~/ ,'~ // / ~ ~ TOWN OF SOUTHOLO "~' ~ ~ /? ~/~4 / ~ / SUFFOLK COUNTY, N.r. I ~ ~/~ / ~ / ~ooo - ye- o~- o~ I S//~ '~' ~"~ / ~ / s~. r' = 2o' I ~0 - 2~7 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ................ of ......... .......................... Name of Appellant Street and Number Southold New York ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....,S..e.g...'9..e..m...b..e...~....1..,~./....~.?.?..0. ....... WHEREBY THE BUILDING INSPECTOR DENIED TO William H. Price, Jr. as agent for .. ....B..e.y..e. .......................... Name of Applicant for permit of 828 .F.r.o. nt Street Green~.ort New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (XD PERMIT TO CONSTRUCT I. LOCATION OF THE PROPERTyI.~....S.9.n....~..a-n...e./.....S..°...u..t...h.o...1..d. .......... .A.=..A.g..~.i..c..u..1...t..u..r...a.?.../.R..e..sidential Street /Hamlet / Use District on Zoning Mop District 1000 Section 076B10ck01 Lot01 ~ , .................................................................................. ~urren~ Owner Barry & Beverly Lehr Map No. Lot No. Prior Owner ~oseph & Rstelle Berdinka 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 ZZT Section 100-30.2A 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made 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 and was made in Appeal No ................................. Dated ...................................................................... ( ) (X3 ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Fm-m ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sary HARDSHIPbecau~ the structure was erected during 1962/63 after consultation with the then Building Inspector - to require its re- moval at this time would produce an unnecessary hardship in that applicant stands to lose $5,000.00 if same is removed. It poses a practical difficulty in that the configuration of the lot makes the current location of the shed its only practical location as opposed to being maintained between the house and the water on this small lot or between the house and the adjoining developed property. 2, The hardship created is UNIQUE end is not shared by oil properties alike in the immediate vicinity of this property and in this use district because this is a small parcel of property fronting on a creek with access being a dirt right of way. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the shed was constructed in accordance with what was instructed to the applicant by the Building Inspector who based his instructions on the then interpretation that the front yard of the premises did not include a dirt right of way which resembled a driveway. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS Signature Sworn to this ................ ~--L,.~..~,, .......... day of .................... ,.O,?,~..~,b.,,e.,~, ................... 1990 ~/Notory Public Term ExplrM April BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or' the Petition of : Barry and Beverly Lehr : to the Board of Appeals of the Town of Southold : TO: John Testut Peter Jacques, Jr. NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance):~l~:~lc:Exoe41~la~(~J~rat~alc~x~c~xx[~c. tc~rG~crd~Yov~2b~ 2. That the property which is the subiect of the Petition is located adjacent to your property and is d~s- cribed as follows: 15 Sun Lane, Southold, New York; Suffolk County Tax Map 1~00- 076-01-001; Premises bounded on the North by Goose Creek; on the Eas~ by land of John Testus; on the South by Sun Lane; and on the West by Good Creek and land of Peter Jacques, Jr. 3. That the property which is the subject of such Petition is located in the following zoning district: A-Aqricultural/Res idential 4. That by such Petition, the undersigned will request the following relief: Permit to construct accessory building (fram shed) in front yard and within 75 feet of hu1 kbe~d 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ~t-Lcle TTT Sections 100-30-2A and 100-239.4 I- ] Section 280-^, New York Town Law for approval of access over right(s)~of-way. 6. That within five days from the date hereof, 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 ma)/then and there examine the same during regular office hours. (516) 765-1809. 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 Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that¥ou or your repre ~tative have the right to appear and be heard at such hearing. / /~ A ~ ~'~ Dated: November 28, 1990 ~~, ~ ~ ~ / 0w~rs' Names: Bar: ~ Beve=.ly Lehr ~ Po~ Office Address ~---~28 Front street, PO Box 803 r NAME · f~ ~ROOF OF MAILING OF NOTI?F ATTACH CERTIFIED MAIL RECErIPTS ADDRESS John Tustut Peter Jacques, Jr. PO Box 775 Southold, NY Bayview Road Southold, NY 11971 11971 P 269 285 212 RECEIPT FOR CERTIFIED MAIL (See Reverse) ilsenP~ter Jacques, Jr. PO Sta~e d Z ode P~269 285 211 R EC~oP~suI::i?acRE cCo~ ~T2 ~F2~, DDEoMAlL NOT FOR ~NTERNATIONAL MAIL (See Reverse) se~hn Testut PO Box 775 Southold, NY 11971 Postage $ . 25 Cerhhed Fee o 8 5 f~/ ~?,;,~ 2.00 , residing at 609 First Street, Greenport, , being duly sworn, deposes and says that on the 28th day 19 90 , deponent mailed a true copy of the Notice set forth on the re- -~ 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Greenport ~ NY ; that said Notices were mailed to each of said persons by (certified)cXl~X) mail. Sworn tq, befo)~n~fl~ 29Y,~ My Commission E;~ ; /9 ..... (This side does not have to be completed on form transmitted to adjoining property owners.} P 808 956 714 RECEtPT FOR CERTIFIED MAIL (See Reverse) John Testut s"?6a% x 7 7 5 Southold, NY 11971 S~ecial Delivery Fee Restncted Dehvery Fee to whom and Date DeJivered ~J~ Date and Address of Dehvery PROOF OF MAILING OF NOTICF .CH CERTIFIED MAIL RECEIPTS ADDRESS P.O. Box 775 Southold, NY 11971 Bayview Road Southold, NY 11971 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: KATHY M. KLINGE , residing at 1045 Washington Avenue, Greenport, New York , being duly sworn, deposes and says that on the~f%-h day of October ,19 9 0 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, 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 current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Greenport, NY ; that said Notices were mailed to each of said persons by (certified) (xe~ta~e~ mail. Sworn to before me this ~'~ day of~-.Octob~-~ , 19 90 Notary Public-- ' ¢ KAT}IY M. ~ KLI[qIG~J ' ~' (This side does not have to be property owners.) completed on form transmitted to adjoining ,14-i6-4 (2J87%--Text 12 PROJECT LO. NUMeER  ~,. 617,21%. SEQR Appenclix 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) 1. APFUCANT/SPONSOR ~.Barr and Beverl Lehr PRQ,JECT LOCATION: uu.~c.:amv Southold coumv Suffolk 15 Sun Lane SCTM #1000-076-01-001 s. (s PROPOSED ACT~ON:"~"----"'-~ ~ New' [] ExDenslon [] Mociificatioa/allerallon 6. DESCRIBE PROJECT BRIEFLY: Construction of accessory building front yard of premises (frame shed) in AMOUNT OF LAND AFFECTED: ~ ~ WILl. PROPOSED ACTION COMPLy WITH EXISTING ZONING Off OTHER EXISTING LAND UEE RESTRICTION-~? ~-']Yes [~NO IfNo, glescribeDi, iefly Need Southold Town ZBA approval for constructio of an accessory building in front yard ~'] Park;Forest/Open space [] OIher ~ION INVOLVE A PERMIT AP"PROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANy OTHER GOV'-----ERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? []NO Il yes, lill agency(s) ana permil/apFovals Approval from Southold Town ZBA lt. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROFOSED ACTION WILL EXISTING P£RMITIAPPROVAL REQUIRE MODIFICAI*ION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanuspoflsor name: Barry & Beverly Lehr o~,,: 10/ ~/90 OVER 1 (Contimted on reverse side) The N.y.$. Environmental Quality Review Act requires submission before any action is taken. (a) In--order to answer the questions in this short F_%F it is assumed project and the likely impacts of the action. ~t is not expected that additional s~udies, research or other investigations will be undertaken. (b) If any question has been answered Yes the pro~ect may be sig- (C) If all questions have been a~swercd No it is likely that the project ia not significant. (d} E~nvironmental Assessment 1. Will project result in a large physical change to the pro,cc= sita or physically alter more than 10 acres of land? 2. Will there be a major change to any unique Or ~Yes ..~ NO unusual land form ca the site? Yes X No 3. Will project alter Or have a large effect on az% existing body of water? X Yes NO 4. Will project have a potentially large, impact on groundwater quality? ~Yes X NO 5. Will project significantly effect drainage flow on adjacent si~es~ _i._Yes ~XNo 6. Will project affect any threatened or endangered plant or animal species? __Yes X ~o ?. Will project result in a major adverse effect on air quality? Yes X NO 8, Will project have a major effect on Visual char- known to be important to the com~nunity? ..._Yes X No envircamuntal area by a local agency? _._.Yes X No 10. Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or · systems? X ___Yes ___.o 12. Will project regularly cause objectionable odors, 13. Will project have any impact On public health ~Yes XNo 14. Will project affect the existing community by period or have a major negative effect on che charact~ of the come, unity or neighborhood? 15. Is there public controversy Concerning the . project? Representing~ Barry & Beverly Lehr -- Z~A ~/75 ' Date: 10/ /90 ESCROW AGREEMENT PREMISES: (No#) Sun Lane, Southold, New York SELLER: Barry W. Lehr and Beverly Lehr PURCHASER: Walter W. Scharpf and Pauline R. Scharpf CONTRACT DATE: June 27, 1990 In consideration of the closing of title by the Purchaser on this 28th day of September, 1990, without the Seller delivering a certificate of occupancy for all of the structures on the subject premises as required by the contract of sale in the above-captioned transaction, it is agreed as follows: 1. DOUGLAS R. PENNY, ESQ., as Escrow Agent, shall hold in escrow the sum of $5,000.00, the receipt of which is hereby ackowledged, unti! such time as certificates of occupancy or compliance for the wood deck and frame shed as shown on a survey by Peconic Surveyors dated August 23, 1990 have been obtained by Seller or their agents, at Seller's sole cost and expense, and delivered to Purchaser, but in no event later than ~9gO. 2. In the event Seller or their agents have not obtained and delivered both of the aforesaid certificates pursuant to the terms and conditions of the contract of sale and this agreement, the Purchaser shall be entitled to retain the escrow as an abatement in the purchase price. 3. If the sellers are able to deliver both certificates of occupancy or compliance within the time set forth herein, the escrow funds shall be returned to them within ten days after purcha~ receipt of these certifi- cates. Bj~J~RY W. LEHR, S( er BEVERLY LE~IR, Seller W-AL.T~ W-. SCHARPF, P~j~haser FAULINE R. SCHARPF, Purchaserl~ FORM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-19390 Date SEPTEMBER 26, 1990 THIS CERTIFIES that the building ADDITION Location of Property 15 SUN LANE House No. County Tax Map No. 1000 Section 76 Block I Subdivision Filed Map No. SOUTHOLDt NEW YORK Street Hamlet Lot 1 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 11, 1990 pursuant to which Building Permit No. 19398-Z dated SEPTEMBER 14t 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION {AS BUILT) TO EXISTING ONE FAMILY DWELLING The certificate is issued to BARRY & BEVERLY LEHR (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A Rev. 1/81 FOI~M NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. Z 1249 Date January 23 197.2. .... THIS CERTIFIES that the building located at Dev. Map No.W.~,s,..t..C...r.,e.e.,k.. Block No. *** Lot No. 2 conforms substantially to the Application for Building Permit heretofore filed in this office doted Ma~ 5 , ]9 60 ........................................................................ pursuant tO which Building Permit No. ?....~..0.?...0.. doted .,.May...$ ..................................... , 19.....60 was issued, and conforms to all of the requirements of the applicable provisions of the Iow. The occuponcv for which this certificate is issued is .......... .............. ~,T..VA~'~,..1~...~'A~,L¥...D~ TJ~ ZI~IG ............ . ...... This certificate is issued to Joseph & Estelle Berdinka, ownez'$ (owner, lessee or tenant) of the aforesaid building. Board Of outhold Town SOUTHOLD, NEW YORK ~SSUED TO Barry W. Lehr Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952~ and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS:" and in accordance with the Resolution of The Board adopted at a meeting held on .D~¢... 2 6, 9135.. , and in consideration of the sum of $....5,..Q.0 .... paid by of Southold N.Y. and subiect to the Terms and Conditions listed on the reverse side hereof, oaf So?hold Town Trustees a,uthorh, es an~ permits the followln : ppiica~ion approveQ uno[er tl%e Grandfather ~lause to secure a permi% for a bulkhead 120' with two returns £n Goose Creek, Southold, all in accordance with the application submitted. *11 in accord,nco with the detai~ed specifications as presented in the originafing ~pp];c*tion. IN WITNESS WHEREOF, The said Board of Trustees karo- by causes ifs Corporate Seal to be affixed, and these presents to be subscribed by a majority of the as of this d~ Please tear off and return to the Trustee Office. QUESTIO.'NNAIRE TO BE COMPLET£D AND SUB:~ITTED I~TIi YOUR APPLICATION L"OiU.1S 'FO '['IIE BOARD OL" ,\[~PEAL.~ Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered Lo any questions helots, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes ~ 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing Structures at or below ground level such as patios, foundations, etc? ' 4. Are there any existing or proposed fences, concrete barriers, decks, etc? 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground 1--~vel? State ~otal:~ ft. 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground 1-i~-~l? State ~otal: ft. 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes No Yes ~ ~ No No Yes Yes NO Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any ot~er department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department. Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cQntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made application to the Town Trustees for an "inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please Please list present use or operations conducted upon the subject property at this time private one-family awelling and proposed ~rivate one-family dwellin~ w/ detached shed submit photographs ~or Lhe record. Yes Yes Yes Yes Yes Yes No Yes ~ Yes No certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering"my application. S-igna~re (Propercy g~ner} (Auuhorizeu Agen=) 1/88 ll? ~1