HomeMy WebLinkAbout3986
APPEALS BOARD MEMBERS ctw FG'Yr '
SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman �►"� ��
Charles Grigonis, Jr. �
1 s r� Town Hall, 53095 Main Road
Serge Doyen, Jr.
P.O. Box 1179
Joseph H. Sawicki
James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971
Fax (516) 765-1823 -
Telephone (516) 765-1809 TOWN OF SOUTHOLD 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, at
which time all those who desired to be heard were heard and
their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is 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.
00 •• 9 w
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;
i�L -ED AND FILED BY �
lI7E UTI10LD TOVIN CLLras"�
Page 3 - Appl. No. 3986 DATE lq�y��° HOUR apr
Matter of BARRY AND BEVERLY LEHR `=x
Decision Rendered December 13 " 1990
Town Clerk, Town of Southold
(b) that there is no other meth d for appellants to
pursue; and placing the structure in any o J1LjLe.L Tocation on a
premises would require other variance 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. Goehringen 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 :(Zp 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. All 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, C IRMAN
L ••3` :1 Bhn �'
- a .LA -.. S:wiil,•7` �Y
APPEALS BOARD MEMBERSL�E r SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. � , �'°
�, 4`. A Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD 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 XXIV, Section 100-244B 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 412) , Southold, NY; County Tax Map Parcel 1000-87-4-7.
t
Page 2 - Legal Notice
Hearings to be Held November 29, 1990
Southold Town Board of Appeals
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 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 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 Sound 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 #l; County Tax Map Parcel ID
No. 1000-83-1-7.
Page 3 - Legal Notice
Hearings to be Held November 29, 1990
Southold Town Board. of Appeals
7:55 p.m. Appl. No. 3987 - H & S ASSOCIATES by Sanford
Friemann. Variance to the Zoning Ordinance, Article X, Section
1.00-102 (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. Location of Property: North Side
of Main Road, Cutchogue, NY; County Tax Map Parcel ID No.
1000-102-2-24. Total area: 19.596 acres. -
8: 05 p.m. Appl. No. 3977 - BETTY 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.
- r
Page 4 - Legal Notice
Hearings to be Held November 29, 1990
Southold Town Board of Appeals
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 area, ; 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, 1990,
Southold Town Board of Appeals
8:45 p.m. Appl. No. 3973 - JOHN 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 requested regarding second kitchen
facilities and its relation to single-family verses two-family
_.uses, and a variance for addition with, an insufficient frontyard
setback. 185 Inlet Lane, Greenport. Continued from November 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 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, 1990.
Southold Town Board of Appeals
and conches to be delivered for off-premises consumption or
sales. Zone District: Agricultural-Conservation (AC) .
Location of Property: 1575 Lower Road, Southold, 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
CHAIRMAN
By Linda Kowalski
---------------------------------------------------------------x
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
Date .n . . . . . . . . . . . . . . . . . . . ., 19 9.v. .
To � )Jl.�css X
. . . . �, v ��1�.t.
. . . . . ..'.. . . . . . . . . . . . . . . . . . .
PLEASE TAKE NOTICE that your application dated . lg q R ,
� !�'�bi
for permit to . . . . . �. �. .QC� , �-,;, �? .ud�� . at .
Location of Property . . . . cx., +. .
House No. Street - Hamlet
County Tax Map No. 1000 Section . . . . (.P. . . . Block . . . . Q: . . . . . . Lot . .Q . . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . .
is returned herewith and disapproved on the following grounds . . . . . . . . . L. ..
.Q .9%-C. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .I . .*-
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
�. . . . . . .
Building Inspector
RV 1/80
` .
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'
FORM NO. I
.
TO'WN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined ----. .��..,� l ��.- �xzo|�otk�n �h� _. �' ..^�. ----�
Approved u 11 �? t m -1 0---._-_.-----, l9--'Ponn� No —���--.---~.-
Disapproved a/c —
-__-_
---'-------------'—'---'~--------'----'--'----'
--------L..—....�����.����. ..............
(Building
APPLICATION FOR BUILDING PERMIT `
Date... ---.--'_ ,_ ___, 19_48
INSTRUCTIONS
o. This application must be completely filled in by typewriter or in ink and submitted in c��� � �
|nspactoc ' Building
b` Plot plan showing location of lot and of buildings i relationship adjoining '
premises or public streets
or areas, and gk�nQo detailed dascr�tionof layout of property mnustbodrownon the d|ononn ich |sportofthis |ocot/on.
` ,
c The work covered by this application may not be commenced before issuance of Building pmnnit
dL Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such
permit shall be kept on the premises ovo||ob|e for inspection throughout the progress of the work-
m' No building shall be occupied or used in whole, or in part for any purpose whatever until o Certificate ofOccupancy
shall have been granted 6v the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of o Building Permit pursuant to the
Building Zone Ordinance of the, Town of Southold, County, New York' and other applicable Lows, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition. as herein described.
The applicant agrees toconnp|y with all applicable |ovvs, ordi d | t.
. ..
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^~t,ignoru= of applicant, or name, if corporation)
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--~ �^�����^��. '/�"��«,
(Zdress
of applicant)
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State whether applicant is owner, lessee, agent, architect, engineer, Qonanz| contractor, electrician, plumber or buDder.
.................. ' .� '� _________.____._.__.__.______.___._.______ ______,_._,_
. ............................................................
Name of owner of prmnnises .. ...... .--��-
If applicant is o corporotosignature of duly authorized officer.
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~--'^^'.'^....,..~.-.-~_-.-'--.----__.----'---------' '
(Name and title of corporate,officer)
l' Location of land on which proposed work will be done. Moo-No: .��. .� .^��
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Straet ond Nonnber --. ....^f�x��� . ��"--'— ' '~ —^- '^ ~ ` " --' —'��:-..���. �u'�.-�
. ^ Municipality
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2. State existing use and occupancy of premises and intended' use and ..occupancyof proposed construction:
x. Existing use and occupancy .......... .
I.e.k..9b` Intended
_.'. -- .��.��.�^ '---~—.-.--'---------.-_^._-. `
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3. Nature of work (check which applicable): New Building .................... Addition... ........Alte ration....................
S .v'f_ IM011
Repair ...............Removal .................... Demolition.................... Other Work (Describe) ....................
4. Estimated Cost ......off. �.........c..bQ�T.... Y'4"✓®T
............................................................
TW3MTAAq3C1 EiNla.111ft be paid on filing this application)
5. If dwelling, number of dwelling units......./.::1.7?l3.Z',A_u. 1'n-bi0-) fQ3welling units on each floor......,/......
...................
Y.:'�..t0_101-iTUOZ.....................................................:.........................
If garage, number of cars...............................
6. If business corrtmercial .or mixed occupancy, specify nature and extent of,each type of use..................:...
..............I................. .r�L�l nooD:)i1(4gA / �� ... 5 j- �..r..........:.. .....
7. Dimensions of existing structures, if any: Front...o..� ......... Rear ......... 1'
%I tirn i........`< i ... ..�. .....hovoiggA
Height ....411.6................ Number of Stories ....... .... .../.........
Dimensions of s9me structure with alteration s'odditi6'n's:'FYoriti"': "� ::: Rear
// i. / _ . .-,..... ..... .... .....
Depth .../(?... ��`-........... Height ......./. .............f.Nilmber••af•Stor-ies , f. ..
8. Dimensions of entire new construction: Front ....... Rear ..... ..... ..
? 7
CC .. ........7 ......�c./ Depth �...........�.....
Height ...Zi,,,t................ Numb -of•Stories: :f: .. :J.... ••;:::... ..... ...........
9. Size of lot: Front ......1ff..�/.......... Rear .. ..5./........... Depth ........
10. Date of Purchase p?.� i�. OC.,<�:;Pv`t�3 �1� t rti'�tt5'c4; q °tL�e!°rm�eE O�v r (Pa'
11. Zone or use district in which premises are situated..... r . . .. . ........ . ...................................................................
12. Moes.proposed construction..violate..tany,� ing low, clinance or regulati n. ���..,�
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13. Name of Owner of premises.. S4........A�-, l ress .�9.1J/.. .(/�.�............ Phone NO�al�. ...01/
Name of Architect ....... .......... ... ........ )T:Ac�dressli......................................... Phone NO. .......� i
)nih"Ii1A!7ie, qfi Contractor.... R. �,• t"t� 7•�4�r1`i`rrirJ.t �. `Nre .; ..,). ,..:r.. ......... ,Phone :NO.
PLOT DIAGRAM
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learly.andrldistinctly,aJJ!,buljoings.,Whetfier.;e?jistingl,o,r�proposed; .and indicate•alb:set=bank„dimertsionsr,from:,
property lines. Give street and block numbers or description according to deed,, and show street names and indicate
its;! 11) DX1Dtlt.,:i ')-u)}•�t-1 Ir»n M Vi�; t IL)_) �(I k )rtt Ito-II))1 (µit) . Ili/ V,I 1,•`1.),/O`.
whether interior or'cor•ne•�"tfnt•! („
Irn.;:r.i I ! I '•ri` ,1t lirrn•)`! ,rtihliud D %jeei, 114- t ):
1 ):;• r1 I11 1.11ti1)liuti c,rlt n:-)1h) `:..;(u) :'irf �� II,`• Ia).aU l`
odf 1c) ItS1J�7rlPut)eVI^�lg: 1�-rrll tc)} ;I• (,;iuvo :;rl<)Ir1 s rit fir. ::);i rorl Ill�rla, i;ny,_q
,. •,;{J l:)�� ir, hlQ--•''!I I" ) U 11t7)11 -1c1VD1Qd\"// <)rog-wq yf-In -1( I to hi -IV =)IQrI"( r11 I""1"11 lO i�:•'�i(ir 1)",i; •)il 11i�r1? nrilhht d I'`V ,
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tuft (11 l::r, i tiL,:rE-'t •lf1iF11s!..Ia }(, >,ir1r)11<::.i .�rll ri)} Irt)rrlt n)y)i_i t,)rnl)fi11:_1 )dt co -VIA&A Y
0-4- - fl,qn ,1-rito Otto ,iloy w')Ul ,�tnttt):J :Iloiiu,.; ,}.)l,,rlt,l,)(' io r1%v(,1 .,r-i(. rurO r rr\ r;il]lil•I,l
.rt(',itilc)rtDf) 7n Iclvcrrrrt u)1 u) ,.r1( ilur.)iln tO ;rurtlil)lu.t .';Irnl:,litt(t )if;lrli.•IIr „ I .1( A >r,:_1h)Islrf:)il
anr,ttC�lt11"�'t brlu :'?�nurtil,IO ,::wl)i L,r'1I" Ilt, ;.. vIttr ur) (it tt:)Dilgnr) nrIT
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..`............................. ...........................•...........................,:... ................. .r.li.-7 1-, 1 ,,`:ro fo �_rnc;?
-_<}o bo_xhoritua vluD o-tutenpiz 9tmoq CD D zi tnDJIIC(?G '.
c7. 5 � kl/� ,e, .`......�. )�rf u tom,y,.i'1;:�� r_, ui.....................1...... ...........
STATE OF NEW YORK ) " S u n l
COUNTY OF ......... ............) S' Jo C1 V Ql h
o:r. . ;... U i Z: / tow ogo7g rlDirl`r� no b;.D! ?r> n;1;a�o_:
a:. . ...................................being duly sworn, deposes and says that :he•is th�. .applicant
... . .
( ame of individual signing application) '•"•""'
abovenamed. He is the ..................... .. ............... ....... ..............................
noitDr �..:;ogw»o brio 1 (ContractQrjllQget?ttrCQCPdrpte,lgffi.ce_r,,;etc,), u
Of said owner or owners Jand' is duly authorized to perform or have performed the''said work a4t:oo make and file
this application; that all statements contained in this application are true•to..the best of his,knowledgeand belief;
a rid"thoti"the. work..wiIIbe performed in the.... annefL(�� f�VkMn the application filed therewith.
"Mft.PUb1iC7 state of New rM••.• -
Rosidirrg•In-Suffolk County .worn'to >jefo're' me'tliis No. 52-0367soo
�� 1* Commissir E&res &Earth 30, i<a�/
dayof ................:L:.E `z.�............ 19............
Notary Public, •`?-5, �;• R-rc.;t C�-v4...... County t2n a ereof applicant)
REC VE ®
TOWN OF SOUTHOLD, N� YORiC�
APPEAL FROM DEMS' RbF`BCY`(LDING INSPECTOR " M61 NO.
Southold Town Clsrk - (/2 0/9 0
TO THE ZONdNGrBOA'RD-�ORARPEALS;,-TOWN OF SOUTHOLD, N. Y.
1, (We) BARRY & BEVERLY LEHR of .........South Harbor Road
............................. ..........................................................
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 ....September 14 , 1990
......................... ...................
WHEREBY THE BUILDING INSPECTOR DENIED TO
William H. Price, Jr. as agent for
Barry and„Beverly„Lehr,....
.....................
Name of Applicant for permit
of ..............................................................828 Front Street Greenort .. New York
22 ... .... . ......
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X)O PERMIT TO CONSTRUCT
1. LOCATION OF THE PROPERTYI5 Sun Lane,. Southold A-Agricultural/Residential
Street /Hamlet / Use District on Zoning Map
District 1000 Section 076 Bl ockol Lot01 .Current Owner Barry & Beverly Lehr
........................................................................
Map No. Lot No. Prior Owner Joseph & 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 Ordinance.)
Article III Section 100-30 . 2A
3• TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X4 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 0=1 (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 ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X$ A Variance to the Zoning Ordinance
is requested for the reason that
Form ZB1 (Continue on other side)
ANC
wvtv
t 014:
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because the structure was erect ed"Ming 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 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 ) Signature
Sworn to this ................. ? :........ day of.....................October................... 1990
otary Public
, n
MAOELVN M. BIKER
Not" Public,3
No.
53ufMk CO-UM
Term Expires April 809 CO-UM1
: �" t .•.• !- T01ia/N OF SOUTHOLD �(ROPERTY' RECORDV •LARD�''= OWNER STREET VILLAGE DISTRICT SUB. LOT
K RMER bWNER N �, - E ACREAGE
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AG BUILDING CONDITION
NEW NORMAL BELOW ABOVE
Li
Farm Acre Value Per Acre Value ,�
Tillable 1 /J
;r Tillable.: 2 . ..
' Tillable, 3
Woodland
4; Swampland
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EDGE AMP (p CONC. Qv 0 " WEST
MAP. OF
oo�tia�oN �2 1 44.2' �` WEST CREEK DE VEL OPMEN T ;
NCLDS '::' , FILED JUL Y 6, 1937 FILE NO. 1236
O PORCH g
p�E A T BA Y VIE W
9 ai �- TO WN OF SOUTHOLD
5 pp- � / �2� �
/� SUFFOLK COUNTY, N. Y.
79. 45• FND NON 1000 - 76 - 01 - 01
SUN Scale 1�� = 20
SANE S 171945 50 E Aug. 23, 1990
UNP,Q VED J 45.00-
AREA = 6,733 sq. ft. (to tie ine) D
i' o"Ill - 1 1990
SAND SL9
1. META L�
CERTIFIED TO : >o c�� o
FIRST AMERICAN TITLE INSURANCE :.a 'A
COMPANY OF NEW YORK
TITLE NO. 605 - S - 8338
LONG ISLAND SA VINGS FSB Q�
o WAL TER SCHARPF Prepared in accordance with the minimum M.Y.S. LIC.• NO. 4961
PAULINE SCHARPF standards for title surveys as established
by the L.I.A.L.S. and approved and adop ted PE URVEYORS, P.C.
for such use by The Now York State Land (516) 765 - 5020
Title Association. P. O. BOX 909
MAIN ROAD
SOUTHOLD, N.Y. 11971
9 0 � 267
' COUNTY OF SUFFOLK �� � � � Q� � ►�
_ij 2 11990 1
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING ARTHUR H. KUNZ
DIRECTOR OF PLANNING
360-5206
December 19, 1990
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission 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 3977
Janet Maloney 3983
/�everly and Barry Lehr 3986
Very truly yours,
Arthur H. Kunz
Director of .Planning .
S/s Gerald G. Newman _.
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY - - -
HAUPPAUGE,L.1., NEW YORK 11788 -
(516)360-5192 - - -
ciCY.`'Ya•.
APPEALS BOARD MEMBERS SCOTT L. HARRIS
Supervisor
.`auk ;•x..
Gerard P. Goehringer, Chairman
Charles Jr.,Gri onis `
g ��,[ �� Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD 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 , Articlelll , Section100-.30..2A
Variance from Determination .of Southold Town Building Inspector,
Special Exception , Article Section q
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 Village Boundary Line
X Body of Water (Bay , Sound or- Estuary)
State or County Road , Parkway , Highway , Thruway
Boundary of Existing or Proposed County , State or Federally Owned Land
Boundary of Existing or Proposed County , State or Federal Park or
Other Recreation Area
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by .the County or for Which The County Has Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport .
COMMENTS: Applicant is requesting permission to erect frame shed in
front „aryl rather required rear yard and 75 ' of bulkhead
Copes of Town file and related documents enclosed for your review.
Dated : 12/1�91/90 -
d
APPEALS BOARD MEMBERS '� -` �Y. m SCOTT L. HARRIS
Gerard P. Goehringer, Chairman
Supervisor
Charles Grigonis, Jr.
Serge Doyen, Jr. , Y :; Town Hall, 53095 Main Road
'� P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD 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 C=3 SCOTT L. HARRIS
Ln Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr. �Ql `A�� Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
November 15 , 1990
S.E.O.R.A.
TYPE II ACTION DECLARATION
Appeal No. 3986
Project/Applicants: Barry and Beverly Lehr
County Tax Map No. 1000- 76-1 -1
Location of Project: 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 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 contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
APPEALS BOARD MEMBERS Rj SCOTT L. HARRIS
Supervisor
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr...
`✓�q � Town Hall, 53095 Main Road
Serge Doyen, Jr. -
Joseph H. Sawicki P.O: Box 1179
Southold, New York 11971
James Dinizio, Jr.- . BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800
November 15 , 1990
S.E.n.R.A.
TYPE II ACTION DECLARATION
Appeal No. , 3986` l
Project/Applicants: Barry -and. .Beverly Lehr
County Tax Map _No. 1000- 76-1 -1
Location, of Project: "15., Sun Lane , Southold ; NY
Relief Requested/Jurisdiction :Before This. Board :in`-',,this. .Project:
Fr•obt and si de ::,yyar.d*,.var:i:ance.s _Jor.'exi s t i ng ,.shed
�• . _:'� 1st:. -. °:•:." _ "
This, .Notice_is:issued,.pursuant ..to Part 617of the .
implementing.'. :.- _.
p g.:-,regulations ::pertaining tq _,Articl-e "8 ''of''"the N.Y..S. .
Envi,ronmental''Qual ty`,Review Act of the Environmental
Conservation,_,Law..and Local Law #44-4 of the .Town of. Southold,_
An Environmental Assessment (P)aort) 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
=Y' For -further information; 'please contact-'the Office of -the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
me
APPEALS BOARD MEMBERS SCOTT L. HARRIS
Gerard P. Goehringer, Chairman Supervisor
�-
Charles Grigonis, Jr.
�1 �_ �Y Town Hall, 53095 Main Road
Serge Doyen, Jr. P.O. Box 1179
Joseph H. Sawicki Southold, New York 11971
James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823
Telephone (516) 765-1809 TOWN OF SOUTHOLD 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, Southold 11971
r„.
Island Sound and with .side Parcel ID No. 1000-90-1.25;
NOTICE OF HEARINGS yards at less than the required 15 Cedar Beach Park Lot No. 125, lops for tamkw wbak
`II( I
ICE 1S HEREBY sale distribution. Scallops and
filed
feet and 20 feet.The dwelling as Map No. 90.
't:GIVEN, pursuant to Section 1 i conches to be deli%vTed for off.
,... exists is nonconforming as to 8:35 p.m. Appl. No. 3981—
`c267:of the Town Law and the Penises consumption or ssks
total sideyards,and the lot area PHYLLIS RAYNE BYER. '
# rCode of the Town of Southold, and width are nonconforming in Variance to the Zoning Ordi- Zone District: Agrieultuml-
the following hearings will be Conser"tion(AC).Location of
this R-40 Zone District. Loca- nance, Article III, Section i
_r held by the SOUTHOLD tion of Property: 645 Glen 100-30A(1),as disapproved,for Property:. 1575 Lower Road. Ri
TOWN BOARD OF APPEALS Court, Cutchogue, NY; Vista approval of second dwelling 1 Southold,NY,County Mut Map
at,a:Regular Meeting, at.the Bluff. Map No. 5060, Lot #I; apartment unit,as exists.-Build- I Parcel No. 1000-69-5-132 Con-
Southold Town Hall, Main County Tax Map Parcel ID No. ing as exists contains two dwell- t➢nued from November 1, 1990. ;
Road Southold, NY 11971, on :=:The Board of Appeals will at
1000-83-1-7. ing units and retail store in this
THURSDAY,NOVEMBER 29, 7:55 p.m. Appl. No. 3987 Limited Business (LB) Zone said time and place hear any and i
1990 at the following times: all persons or representatives de- j
7:30 p.m. Appl. No. 3972= H&S ASSOCIATES by Sanford District. Lot is nonconforming siring to be heard in each of the i
PETROL- STATION LTD. Frieniann.Variance to the Zon- as to lot area,width and depth.
Hearing continued from ing Ordinance,-Article X, Sec- Location of Property:Corner of above matters. Written rnm-
I
• above may also be submitted
November 1, 1990. tion 100-102(Bulk Schedule)for South Side of Main Road and
approval of insufficient frontage the East Side of Bay Avenue, prior•to the conclusion of the
7:35 p.m. Appl. No. 3985— subject hearing. Each hearing.
HERBERT AND CATHER (lot width) of exists)along the Cap Parcel
NY; County Tax , will not start before the time al-
INE LINDTVEIT.Variances to _ Main Road of proposed Lot#3 . Map Parcel ID No. •1000-85- slotted.Additional time for your
and for approval of insufficient : `-'3-2.1. presentation will be available,if
,,,,the Zoning Ordinance, Article lot depth of proposed Lot N2,in 8:45 p.m. Appl. No. 3973—
r: XXVIII; Section 100-239.4B needed.For more information,.
this pending minor subdivision, JOHN AND ROSE MILAZZO.
an
`Article XXIV, Section please call 765-1809.
:. and for approval of access ac-. Variances to the Zoning Ordi- Dated: November 9 1990.
100-244B for proposed one- cordingto New.York Town Law, nance, Article XXIII Section '
�,"story and second-story additions BY ORDER'OF
with two-foot over-hangs (can- Section 280A over s private 100-239.4 [a/k/a IV, Section
THE SOUTHOLD TOWN
tilevers). Portion of additions , right-of--way.Zone Districts: B- and Article XXIV, Section BOARD OF APPEALS
will be less than 75 feet from General Business and Agricul- 100-244B for permission to GERARD P. GOEHRINGER
tural-Conservation.Location of locate addition and reconstruc-
bulkhead along Corey Creek Property: North Side of Main„' tion of dwelling structure with CHAIRMAN
and will reduce both side yards. Road, Cutchogue, NY; County setbacks:(a)at less than the re- By Linda Kowalski
to less than the minimum re 1X, 11/15/90 (30)
bulk-
quired at.10 and 15 feet. The Tax •Map Parcel. ID No. quired 75 feet from the bulk-
q head, (b) at less than the re-
dwellingas exists has noncon- acres.
Total area: 19.596
quired minimum 35 ft.rear yard
formin side yards, and the lot acres.
g y 8:05 p.m. Appl. No. 3977— at its closest point,and(c)at less
1 area and width are also noncon- BETTY J. COPIN. Continued than the required 10 ft. and 15
1 forming in this R-40 Zone Dis- ft. minimum side yards, d at .
trict.Location of Property:625 from November 1, 1990: y ( )
8:15 p.m. Appl.. No. 3788— less than the total side yards re-
Windy Point Lane (Private SUN REFINING&MARKET quired minimum of 25 feet.
'Road #12); Southold, NY; ' I UNG. Variances to the Zoning '` Existing dwelling structure is
County. Tax Map Parcel Ordinance, Article• h Section nonconforming as to the nor-
000-87-4-7." �J
100-102:(1)for permission to es- therly side yard, the rear yard,
:.7:40 p.m.'Appl. No. 3986— and the setback from the bulk-
BARRY. AND BEVERLY tablish convenience store use in
conjunction with and accessory head.Lot area and width is non- .
LEHR. Variance to the Zoning to the existing gasoline station conforming in this R 40 Zone
Ordinance, Article III, Section District. Location of Property:
100-30.2A fora royal of the use on this substandard parcel
pp which contains less than 30,000. 9 Island View Lane,Greenport,
location of accessory buildin NY,County Tax Map Parcel ID
ocated in an area other than th sq. ft. in lot area; (2)for inter.
=Y}'•' pretation as to,height limitation No. 1000-57-2-20.
required rear yard and located of accessory(canopy)structure, 8:55 p.m. AppL No. 3955—
within 75 feet of the bulkheads and(3)for approval of canopy DOMINICK SBLENDIDO &
along Goose Creek(a/k/a West A.AURICCHIO.Interpretation
Creek).Lot is nonconformingas structure in the front yard lCor-
) � tion.Location of Property:Cor- requested regarding second kit-
to lot area and width in this R-40 ner of the Easterly Side of Fac- then facilities and its relation to
Zone District.Location of Pro- tory Avenue and Northerly Side single-family versus two-family
perty: 15 Sun Lane, Southold; uses,and a variance for addition
of-the Main Road, Mattituck,
also referred to as Lots 1&2 on NY;County Tax Map Parcel 1D with an insufficient frontyard
the Subdivision map of•"West No. 1000-142-1-27. setback. 185 Inlet Lane,Green-
Creek Development"filed July 8:30 p.m. Appl. No. 3983— port. Continued from Novem- .
6, 1937 as County File No. 1236. JANET MALONEY. Variance ber 1, 1990. 1'
County Tax Map Parcel ID No. to,the Zoning Ordinance,Arti- 9:15 p.m. Appl. No. 3975
100076-1-1. cle XXIII, Section 100-239.4B ARTHUR G. CARLSON. '
45 p.m. Appl. No: 3988— Interpretation and Variance to.
ANTONIO VANGI.Variance to. for approval of deck within 75 p
feet of bulkhead along Hog the Zoning Ordinance, Article
the Zoning Ordinance, Article Neck Bay. Lot is nonconform- III, Section 100-30 (as disap
XXIV,Section 1007244 and Ar- R-40 proved by the Building Inspec
ing as to lot area in this -
ticle XXIII, Section 100-239.4, Zone District Location Pro- tor) for permission to accept !
�.for .permission to construct deliver of shellfish from local
addition with a setback perty: 30 West Lake Drive and y
garage waters, to shuck the shellfish,
of less than 100 feet from the •2505 Little Peconic Bay Lane,
Southold,NY:County Tax Map and to deliver or ship the scal-.
.top of the bluff along the Long -
COUNTY OF SUFFOLK
STATE OF NEW YORK ss;
vr;
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
onceeach week for . . . . . . . . . . . . . . . . . . . . . . . . . weeks
successively, commencing on the . . . . . . . . .
day oI' . .r.-... 19 y .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• s � n
_. Sworn to before me this . . . . . . . . . . day of
19
. . . . . . . . . . . . . .� ' �. � . . . . . . . . . . . .
Notary Public
BARBARA A.SCHNEIM
NOTARY PUBLIC,Stite.of NW Y66
No.4806846
Qualified in Suffolk
Commission Expires
NOTICE OF HEARINGS g
NOTICIS-FIBREBY GIVEN#
pursuant to Section 267 of the Towq
.• Law ernd the Code of the Town.o ,
Southold,the,following hearinge
will be held by the SOUTHOLD=
TOWN BOARD OF APPEALS at a:;='
Regular Meeting,at the'Southold'•I
Town Hall,Main Road,Southold,`
NY 11971, 'on THURSDAY;
NOVEMBER 29,,1990 at the fol' `•'
lowingtimes: ;` .
7:30 p.m. Appl.�No. 3972
PETROL STATION LTD. Hearing
continued from November 1,1990.
-735 p,m.•.Appl.No. 3985 —
HERBERT AND CATHERINE
LINDTVEIT;y ances.to'tb Zqn-
ing Udm`ance" Artic(e 'Sec-
cia� 100 239.4B and Article XXIV t..Main Road,Cutchogae,NY;County side yards tegaired minimum of 25
Section 100-244B for ptoposad one- Tax Map Parcel ID No. 1000-102-2-.,_;; y_ feet. Existing dwelling structure is`
scary and second-story additions with .:24.Total area:19596 acres { t ::nonconforming as to the northerly.-
over-hangs(cantilevers). ". 8:05 p.m. Appl. No. 3977— 'j',x ;side yard,the rear yard,and the set-
Portion of additions.will be less than, BETTY L COPIN.Continued from back from the_bulkhead. Lot area
75 feet from bulkhead slang Corey't!� ' ''November 1.1990.; y;� and width is nonconforming in this
Creek and will reduce both side yards 8.15 p.m. Appl No.3788 , "1t-40 Zone District. Location of..:.
to less than the minimum required at - SUN REFINING&MARKETING. "•'_.':Property: 9 Island View Lane,
10 and 15 feet.The dwelling as exists Variances.to the Zoning'Ordinance, ,;'`,;,Greenport,NY;.County'Tax Map
has nonconforming side yards,and Article X,Section 100-102: (I)-for '...-Parcel ID No.1000-57-2-20. t =
the lot area and width are also non- : permission to establish convenienoe..:c:;', 8;55 p.m. Appl. No. 3955- •.'`
conforming in this R-40 Zone Dis- store use in conjunction with and•'-: L.=_;:,DOMWICK SBLENDIDO&A.
'trict. Location of Property: 625 accessory to the existing gasolinei°6.;',;:AURICCHIO. . Interpretation
.=Windy Point Lane(Private Road station use on this substandard par- 'requested regarding second kitchen
#12).Southold,NY;County Tax Map, cel which contains less than 30,000 :facilities and its relation to single-;
Parcel 1000 874 7: .; sq.fL in lot area;(2)for interprets- family verses two-family uses,and a -•
%7:40 p.m. Appl. No. 3986— tion as to height limitation of acres- variance for addition with an insuffi
Vl7.
='Y AND BEVERLY LEHR. sory(canopy)structure,and(3)for °cient frontyard setback. 185 Inlet
Variance to the Zoning Ordinance, approval of canopy structure in the -Lane,Greenport. Continued from
Article III,Section 100-30.2A for front yard.location. Location of November 1,1990. ...
approval of the location of accessory Property:Comer of the Easterly 9k15 p.m. Appl. No. 3975
building located in an area other Side of Factory Avenue and = t ARTHUR "•-G. - '.CARLSON .;
than the required rear yard and A. Northerly Side of the Main Road, ,'Interpretation and Variance to the
located within 75 fee{of the bulk- ,Mattituck,NY; County Tax Map,... ..Zoning Ordinance,Article III,Sec'
head along Goose Creek(alk/a West Parcel IDNo.1000-142-1-27. lion 100-30(as disapproved by the
Creek).Lot is nonconforming as to 9:30 p.m. Appl. No. 3983 _ ;.Building Inspector)for permission
lot area and width in this R40 Zone JANET MALONEY.Variance to the '; to accept delivery of shellfish from
District. Location of Property: 15 Zoning Ordinance,Article XXIII, local waters,to shuck the shellfish, `.
San Lane,Southold;also referred to Section 100.239.4B for approval of and to deliver or ship the scallops
as Lots I &2 on the Subdivision deck within 75 feet of bulkhead-, ,;;and/or conches for wholesale distrh
map of"West Creek Development"56 along Hog Neck Bay. Lot is non st, bution.Scallops and conches to be
filed July 6,1937 as County File No. conforming as-to lot area in this k ;} , delivered fqr -premises consump-
1236. County Tax Map Parcel ID 40 Zone District.Location-of Prop 'lion or aeles` e District:Agriceil
No.1000-76-1-1. erty:30 West Lake Drive and 2505 ,tural-Conseivatton'(AC)..l ocatwn
7:45 p.m. Appl. No. 3.988 _ Litre Peconic Bay Lane,Southold, ' ` of Property.,1575 Lower Road.
ANDONIO VANGI.Variance to the NY;County Tax Map Parcel ID No Southold;NY;.County Tax Map Par '
Zoning Ordinance,Article XXIV, 1000-90-1-25;Cedar-Beach Park i;' `ceI No. 1000-69-5-13.2 Continued
Section 100-244 and Article XXIII, - Lot No.125.filed Map No.90. i"�5=•' r from November 1,1990
Section'100-239.4,for permission to 8:35 p.m. Appl. No. 3981 -r ; The Board of Appeals will at said
.construct garage addition with a set- PHYLLIS RAYNE BYER.Variance -time and place hear any and`all per
,; back of less than 100 feet from the to the Zoning Ordinance,Article III, :sans or representatives desiring ro be
top of the bluff along the Long Section 100-30A(1),as disapproved, ;,-`.1 ..heard_in each of the above matters.
Island Sound and with side yards at for approval of second'dwelling °?n ;Written comments may also be'sub-
less than the required 15 feet and 20 apartment unit,as exists.Building ace. .' :mined prior,to the conclusion of the
feet.The dwelling as exists is non- 'exists contains two dwelling units :.:'subject hearing.Each hearing w ill
'1�
�c�forming as to total sideyards,and and retail store in this Limited Busi-;.; '', not start before the time allotted.
the lottaa ar :Hess(LB)Zone District.Lot is non 6 r .;/�►dditional time.for your pro r
conforming-In this R-40 Zone.Dis= •conforming as to lot area,width and sensation will be available,if need
ptric t.Location of Property:645 Glen depth.Location of Property:Comer i e&For more information,please all 1,
Court;'Cutchogne,NY;Vista Bluff of South Side of Main Road and the - P o 765-1809 yti s
Map No 5060,Lot Nl;County Tait Bast Side. 'of Bay 'Avenae, Dated NotSember9;1990
Map Parcel ID No.1000-83-1-7. Cutchogue,NY; County Tax map BY ORDER OF THE SOUTHOLD l
7:55 p.m.Appl.No.3987—H Parcel Ip No.1000-85-3-2.1... a TOWN BOARD OF APPEALS '
S ASSOCIATES by Sanford Frie- 8.45 p.m'. Appl. No. 3.973 GERAkb P.GOEHRINGER ". -
marhn. Variance to the Zoning Ordi= JOHN AND ROSE MILAZZO $ �T CHAIRMAN s i
nance, Article X,Section 100-102 Variances.to:the.Zoning Ordinance, +' (;y Linda Kowalski
(Built Schedule)for approval of in= ; Article XXIII,Section 100-239 4 a �r s
y 6867 1TNI5 r, .... :,c1
sufficient frontage(lot width) (as 100-239d(B)) find Article
orals) along the Main Road of pro- ; 6ik XXIV,,Section.100-244B for pet
"posed Lot 03-and for-approval of ,mtssto"to locate:addition and
.insufficient lot depth of proposed Lot conatrocton"of dwelling structure ?`"
N2, in this pending minor sub=� with'setbacks.:(a)ai less than the
.division,and for.approval of-access w n required 75 feet from'the bulkhead'r
according to New,York Town Law, ` % ;(b)at_less than,the required'mint
._- S=ti6n 280A over a private right-af-� ham 35<ft rear yard at tits closest C
way. .6ne Districts:B-General = °' point and (c)at less than tl[e re
Hess�......,:a,:, L-tw►c.a.u.-a b..o.f
Cgvo of -s,•. � :s
yN : thaa.:t,ti.emuruat►a AgrWtur4 in m and 15 fi min¢PoP Y `NShde ide Vards',1d2.4t ess,
r
total� =• -. � .- ,. _. -�._�... __ �._.,....,:.mow�,.�.._ _-...�.+,�.;..,,��G;�...:,�;.r� ..:.�:.
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Sharon Rock of Mattituck, in
said County, being duly sworn,says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, in the Town of Southold, County of
Suffolk and State 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 1 weeks
successively, commencing on the 15 day o f
November 1990
Principal Clerk .
Sworn to ore me this
day of 19
TSffl
F
�r
� '^s. ra a� .,�. Ld t •;,r_yt ';..' ;;a.u< ''. ."�.;,'.� ._i�t :.sJ..t.::;r:ti � .
i
o��FFo��r�oG
z
Town Hall, 53095 Main Road
v'o Off- P.O. Box 1179
Southold, New York 11971
JUDITH T.TERRY 1 FAX(516)765-1823
TOWN CLERK TELEPHONE(516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Zoning Board of Appeals
FROM: Judith T. Terry, Southold Town Clerk
DATE: November 1, 1990
i
RE: ZONING APPEAL NO. 3986
Transmitted herewith is Zoning Appeal No. 3986 of BARRY 8 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 E Survey Map of property.
Judith T. Terry
Southold Town Clerk
I
I
ae
ATTORNEY AT LA
828 FRONT STREET,P.O.BOX 803 Nov � � '��O
GREENPORT,NY 11944 VU
(516)477-1016
October 25, 1990
Town of Southold
Zoning Board of Appeals
Main Road
Southold, NY 11971
RE: APPLICATION OF BARRY & BEVERLY LEHR
PREMISES AT SUN LANE, SOUTHOLD, NY
Gentlemen:
Enclosed herewith please find:
1. 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.
Very tr y s,
J. vi1YM a g n
JKM:kk
Enclosures
AWL
E K (WEST CREEK,
GRE
SE
11
SET
MAP � /IN BULKHEAD
100 _
'AILED 50.55
E
EXTENT OF IN 810 36. 36" 2.
BULKHEAD WOOD
/ 71.93 WOODEN RETURN2,
0 18� 031
" BULKHEAD
O
Z N 74
WOODEN 2
O �o
N . 1 ��� (� \� C E m WOOD STEPS / ry� SUR VE Y OF
DECK vY ! O
r ee .ti 44.2 LOTS 1 & 2
GE D?cREE eg rooD ! STORY FRAAIf HOUSE :C. ^� \ O MAP OF
ED AlFIND
AlON . W W ca ONC. yQ� Q� " WES T CREEK DE VEL OPMEN T"
� DOry ry� Q y ' 44.2•
g N�LDS FILED JUL Y 6, 1937 FILE NO. 1236
o � POACHFM AT BA Y VIE W
k PARE,9500, N'
TOWN OF SOUTHOLD
h� SUFFOL K COUNTY, MY
N �9' VDN 1000 - 76 - 01 - 01
45'
5° w Q. Scale 1" = 20"
S .790 45 50- Aug. 23, 1990
UNPA VED J E.45°°'
D
AREA = 6,733 sq. ft. (to tie ine) !r — 1990
SAND SU
-j. MET Ry
CERTIFIED TO :
FIRST AMERICAN TITLE INSURANCE U�'' �° 9 0
COMPANY OF NEW YORK
TITLE NO. 605 - S - 8338 1
LONG ISLAND SAVINGS FSB �c .
WALTER SCHARPF Prepared in accordance with the minimum .Y.S. LIC. NO. 4961
PAULINE SCHARPF standards for title surveys as established
by the L.I.A.L.S. and approved and adopted P VEYORS, P.C.
for such usl by The New York State Land (516) - 5020
Title Association. P. O. BOX 909
MAIN ROAD
SOUTHOLD, N.Y. 11971
90 ,w 267
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE .10/.20/90
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, (We) BARRY...&„BEVERLY LEHR.................Of .........South Harbor Road..........................
.. .............................. .........................................
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 ....September..14 ,...1990 .,
....................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
William H. Price, Jr. as agent for
..Barry...and Beverly Lehr
Name„ ofAplica„nt for ,p,e,r,m,
it
of 828 Front Street Green ort New York
................................................................ ............................................................... .
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X)1 PERMIT TO CONSTRUCT
1. LOCATION OF THE PROPERTY15 Sun Lane, Southold A-Agricultural/Residential
................................................................
Street /Hamlet / Use District on Zoning Map
District 1000 Section 076 Bl ock01 Lot01 Current Owner Barry & Beverly Lehr
Iv1op No. Lot No. Prior Owner Joseph & 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 Ordinance.)
Article III Section 100=30 . 2A
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(X)l 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 (i4uA (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 ..................................... ...............................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X$ A Variance to the Zoning Ordinance
is requested for the reason that
Form ZB1 (Continue on other side)
110t .0G hiciA aatigxi
M
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because 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 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.
i
STATE OF NEW YORK ) ✓
ss .... ...... .... ... .. . .
COUNTY OF SUFFOLK ) Signature
Sworn to this .................(?tkOR A.-......... day of....................October.................................... 1990
G . . .. . ............4......
(Notary Public
" Public, State of N@W V**
M-0138M - SuRolk GOW1tE
Term Expires April 80, 19E1
D �
NOV 2 91990
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
Barry and Beverly Lehr NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
John Testut
Peter Jacques, Jr.
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) kpr�cii� # xxxxx�gfx
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 15 Sun Lane, Southold, New York; Suffolk County Tax Map 1i700-
076-01-001; Premises bounded on the North bV Goose Creek; on the Eastby
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—Agricultural/Residential
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
hill khead
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Sections 100-30-2A and 100-239 . 4
[ ] Section 280-A, 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 may 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 rep
rese tative have the
right to appear and be heard at such hearing.
Dated: November- 28 , 1990
aughlin, Esq.
tit
GPetiti J. Ke i
s ' Names : Bar Beverly Lehr
Office Address
Front Street, PO Box 803
(,raanr�nrt _ NV 1 1944
•
`:PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
John Tustut PO Box 775
Southold, NY 11971
Peter Jacques, Jr. Bayview Road
Southold, NY 11971
1
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK)
Linda M. Tonyes residing at 609 First Street, Greenport,
New York being duly sworn, deposes and says that on.the 28th day
of November , 19 90 , 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)c!)t emrt) mail.
inda M. Tonyes
Sworn to efoi 29
day o N fZep'r 90
otary Pub i '
J. KEVIN M NJGHUN
Noteiy Public, Stete of New York
Qualified in F1'.b'ny County
My Commission Expires � 9
(This side does not have to be completed on form transmitted to adjoining
property owners . )
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
BARRY & BEVERLY LEHR NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
JOHN TESTUT
PETER JACQUES, JR.
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) ( et�axi (�5pgadai�'xxx � �� �x� I� �
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 15 Sun Lane, Southold, NY; Suffolk County Tax Nap #1000-
076 - 01 - 001; Premises bounded on the North by Goose Creek; on the East by
land of John Testut; on the South by Sun Lane; and on the West by Goose 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-Agricultural/Residential
4. That by such Petition, the undersigned will request the following relief: Permit to construct
accessory building (frame shed) in front yard
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-30 . 2A
[ ] Section 280-A, 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 may then and there
examine the same during regular office hours. (516) 7d'5-1809.
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 you or your representative have the
right to appear and be heard at such hearing.
Dated: October 4.Z , 1990
c Ln
Petitioner
Owners ' Names :_ Barry & Beverly Lehr
Post Office Address
828 Front Street, PO Box 803
Greenpert, NY 11944
t
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
JOHN TESTUT P.O. BOX 775 ,
Southold, NY 11971
PETER JACQUES, JR. Bayview Road
Southold, NY 11971
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK )
KATHY M. KLINGE residing at 1045 Washington Avenue,
Greenport, New York , being duly sworn, deposes and says that on the--_�-l-h day
of October J9 90 ; 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) (x4gism mail.
"L _ J �f
KA'rW�T�. j�Ll ICE
Sworn to before me this a0_�'
day of Octob , 19 90
Notary Public
tdNDA M.TONE$
Notery P0111.State of New Yak
No.4942668,Soho'?,Caa
T4rm Expires October 3.19
410,
(This side does not have' to be completed on form transmitted to adjoining
property owners.. )
� l
34.16.4(21871—Text 12 I _
PROJECT I.D.NUMBER 617.21 L SCQR
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)
1. APPLICANT/SPONSOR 2. PROJECT NAME
Barry and Beverlv Lehr
3. PROJECT LOCATION:
Municipality Southold county Suffolk
4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map)
15 Sun Lane
SCTM #k1000-076-01-001
5. IS PROPOSED ACTION:
U-New ❑Expansion ❑Moditicatlon/alteratlon
6. DESCRIBE PROJECT BRIEFLY:
Construction of accessory building (frame shed) in
front yard of premises
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately
acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑Yes ®No II No.describe brielly Need Southold Town ZBA approval for construction
of an accessory building in front yard
C
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
esidontlal ❑Industrial Describe: ,0 Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
1 9yy'Yes ❑No It yes,list agency(s)and permit/approvals Approval from Southold Town ZBA
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑Yes ®No If yea,list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes ❑No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: 10 Barry & Beverly Lehr 10/ ,?�/9 0
Date:
7 Slgnature: �&_
l
If the action is in,the Coastal Area. and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
(Continued on reverse side',
- - l
of thiseform,Sandnanrenvironmentzllreview View
Act rewires submission
before any action is taken. this L)oard
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF it is assumed ,
project the that the preparer will use currently available information concerning the
additionald studies,eresearch ly tor other investigations wills of the action. It is notebeeundertthat
aken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that
project is not significant. the
(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?
__Yes X NO
2. Will there be a major change to any unique or
unusual land form on the site?
Yes X No
3. Will project alter or have a large effect on
an existing body of water?
Yes X No
4. Will project have a potentially large- impact on 'groundwater quality?
_Yes X No
5. Will project significantly effect drainage flow
on adjacent sites?
_Yes X No
6• Will project affect any threatened or endangered
Plant or animal species?
Yes X No
7. Will project result in a major adverse effect on air quality?
_Yes X No
8. 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 X
-„ �No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologicaL
importance or any site designated as a critical
environmental area by a local agency? X
Yes �No
10. Will project have a major effect on existing or "
future recreational opportunities?
Yes X No
11. Will project result in major traffic problems or
cause a major effect to existing transportation
systems? X
_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
X No
13. Will project have any impact on public health
or safety?
_Yes XNo
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 y period or have a major negative effect on the es 'No
character of the community or neighborhood?
15. Is there public controversy concerning the
project?
-_
Preparer's Signature: Yes No
Representing: Barry & Beverly Lehr 10/ /90
ZBA V75 Date:
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, until 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 Decemba"1-,_1-9-9a.
/t"'Ce,04 0, /�9i.
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 ers receipt of these certifi-
cates.
DOUGLAS E , E R W E
B Y W. L HR, a ler
B V R R, qqe r
'fit;
W:ALVTE W. SCHARF, Walhaser
b
DOUGLAS R.PENNY AULI E . SC ARPF, Purchaser-7
ATTORNEY AT LAW
140 WEST
MONTAUK HIGHWAY
HAMPTON BAYS.
NEW YORK 11946
1516l 728-9119
FORM NO. 4 •
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 SOUTHOLD, NEW YORK
House No. Street Hamlet
County Tax Map No. 1000 Section 76 Block I Lot 1
Subdivision Filed Map No. 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 14, 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 N/A
UNDERWRITERS CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
CG '
j Building Inspector
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y,
CERTIFICATE OF OCCUPANCY
t
No. ....... 1249 Date January 23 2
.........................................I............ ., 1 .......
THIS CERTIFIES that the building located at ..Sun..La_...&..BAY)aer.ry.Rd..,Zola th%tiled?
Dev.
Map No.WestCreek Block No. ...***............ Lot No. ............................................:......................
conforms substantially to the Application for Building Permit heretofore filed in this office dated
Mai 5.......... ......1 19..6.• pursuant to which Building Permit No. Z,.,1070
dated ...May••5...................................... 19.....GQ 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 ..........
............ .RI,IVATE..ffiI,9E. -.VaWILY••DWELLING. .........................................................I......................
This certificate i Joseph & Estelle Berdinka, owners
sissued to ... ...................... ....... ................ .............. ..... .. .............................. }
(owner, lessee or tenant)
of the .aforesaid building. .
......................... ...................................... .............
Building Inspector
t
��,� R -''.t(tr ,.�rl�•ti+ifffn� l3Ll.17ii[ra 1'.�(frr^ sva,4 4" ilv/�n
/ .)T ,:;r:. ..,; . �. .C.1,'{f/ti �:1^tlftai'Dl► 1 '•�. '�►,•
`Ee 4�. ...n .iiY. :.V�:'�TN.:.'':y-I ar,,,3'•!'�%Y'.Y. .'T,•�T•'�• ��� ����\\
Board Of Southold Town Trustees
SOUTHOLD, NEW YORK
Mooring No. N/A ,
, Il\
P
;�• �� PERMIT NO. 2100 DATE: .?!ec ....26, 1985,►��'
i ,... ...........................................................................................cSUED TO ......A!rrX ....
;.
.�ul�urt �tftun
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
i IN AND ON TOWN WATERS AND PUBLIC LANDS and the
•� ff REMOVAL OF SAND, GRAVEL OR 'OTHER MATERIALS FROM
•. f f �' LANDS UNDER TOWN WATERS;"
(•; ->s,�` r,�� and in accordance with the �; �'•�„�,.
Resolution of The Board adopted at a meeting held on .De.c 2.6,..
M.5....... and in consideration of the sum of ...................... paid y _
.................................. .Barry... W. Lehr 5 00 b
} ..................................................................................
of ....S.authold•.... . ................ ........ ............... N. Y. and subject to the �.
Terms and Conditions listed on the reverse side hereof '
,; of Southold Town Trustees authorizes and permits the following:
Application approved under the Grandfather Clause
to secure a permit for a bulkhead 1201 with two
returns in Goose Creek, Southold, all in
accordance with the application submitted.
` •( rJ all in accordance with the detailed specifications as
p presented in
the originating application.
IN WITNESS WHEREOF, The said Board of Trustees hare- �
' +' by causes its Corporate Seal to be affixed and these presents to
be subscribed by a majority of the id oard as of this da �11 fi �
...
5
,r
: ........: 1��
� r ,YYQ� .� /�Jr..L.+4.�l ��[ �.i .�'��,�T�:.rr:�..•r�"%L..t•..,_�.�;�L�. S*•�
'
Wn
goo
--------------------------------
------------------------------------------
Please tear off and return to the Trustee Office.
QUESTIONNAIRE TO BE COMPLETED AND SUB,ITTTED
IET11 YVUIZ APPLICATION FO:2id5 TO T11E GOARD OU A PEAL-S,
Please complete, sign and return to the Office of the Board of Appeals
with your completed application forms. If "Yes" is answered to any
questions below, 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 No
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. ) Yes No
b) Are there any areas open to a waterway without bulkhead? Yes . o
3. Are there existing structures at or below ground level,
such as patios, foundations, etc? Yes No
4. Are there any existing or proposed fences , concrete
barriers , decks, etc? Yes No
5. If project is proposed for an accessory building or
structure, is total height at more than 18 feet above
average ground level? State total: -" ft. Yes No
6. If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground level? State total:. . . . . . . . ft. Yes NO
7. Are there other premises under your ownership abutting
this parcel? If yes , please submit copy of deed. Yes No
8. Are there any building permits pending on this parcel
(or abutting land under your ownership, if any) ? Yes No
State Permit # and Nature:
9 . Do state whether or not applications are pending
concerning these premises before any other department
or agency (State, Town, County, Village, etc. ) :
Planning Board Yes No
Town Board Yes No
Town Trustees Yes No
County Health Department Yes o
Village of Greenport Yes o
N.Y.S.D.E.C. Yes to
Other Yes
10. Is premises pending a sale or conveyance?
If yes, please submit copy of names or purchasers
and conditions of sale. (from contract) Yes No
11. Is new construction proposed in the area of contours
at 5 feet or less as exists? Yes No
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? Yes No
13. Please list present use or operations conducted upon the
subject property at this time private one-family dwelling
and proposed private one-familydwelling w detached she'd
Please submit photographs for the record.
I certify that the above statements are true and are being submitted for
rel ' ance by tithe Board of Appeals in considering "my application.
Signature (Property - ner) Autnorizea Agent)
1/88
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