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APPEALS BOARD MEMBERS �•- co �C
��'�O�' Op Southold Town Hall
Lydia A. Tortora, Chairwoman �'� �d` 53095 Main Road
%Gerard P. Goehringer ; H Z P.O. Box 1179
George Homing 47$ Southold,New York 11971-0959
Ruth D. Oliva y,1Ja00��1 ZBA Fax(631)765-9064
,
Vincent Orlando = C 1 * �,,.'• Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 9,2003
Appl. No. 5234—GUSMAR REALTY
Property Location: 610 Chois Lane,East Marion 35-8-5.19
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without an adverse effect on the environment if the
project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the northerly
end of Summit Lane. The lot is shown as Lot 11 on the Map of Summit Estates, Section 2,
and is presently improved with a foundation (see Building Permit 28558-z which authorized
commencement of construction for a new house with a setback of 40 ft. from the front
property line at its closest point).
BASIS OF APPLICATION: Building Department's September 27, 2002 Notice of
Disapproval which stopped work regarding Building Permit 28558-z for a foundation at less
than 40 feet from the front property line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on December 12,
2002, at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning Board
finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The relief requested is 2.4 feet within a front
yard area for an "as built" foundation, located at 37.6' instead of 40' from the front line at
its closest point(see survey updated September 20, 2002 prepared by Young & Young, L.S.)
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections,the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The neighborhood is primarily
being developed with new homes
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than a variance. The property is a non-conforming lot
consisting of 30,000 square feet in a R-40 district. The "as built" foundation was
V r -
Page 2-January 9,2003
) .
'• Appl.No. 5234-Gusmar Realty I
1000-35-8-5 19 at East Marion
'N'''\III
placed at 37.6 feet instead of the required 40 feet. Without a variance the applicant
cannot construct the new house.
3. The variance granted herein is not substantial in relation to the code requirement.
The distance is only 2.4 feet.
4. The alleged difficulty has been self-created and is related to errors in measurements
by the applicant.
5. No evidence has been submitted to suggest that the relief granted will have an
adverse impact on physical or environmental conditions in the neighborhood.
6. Grant of the requested relief is the minimum necessary and adequate to enable the
applicant to enjoy the benefit of a new foundation for a house, while preserving and
protecting the character of the neighborhood and the health, safety and welfare of
the community.
RESOLUTION OF THE BOARD: In considering all of the factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member Oliva,
seconded by Member Orlando, and duly carried to
GRANT the variance, as shown on the Young & Young survey updated September 20,
2002, SUBJECT TO THE CONDITION that construction shall comply with all other
code setbacks and lot coverage provisions, without further reductions in the front yard
area.
Vote of the Board: Ayes: Members Tortora (( aianan),GoelmingerOrlando and Oliva.
(Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0).
*
Lydia A. Tortora, Chairwoman 11,8-03
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LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY,DECEMBER 12,2002
NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter
100 (Zoning), Code of the Town of Southold, the following hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold,
New York 11971, on Thursday, December 12, 2002, at the time noted below (or as soon
thereafter as possible):
7:20 pm Appl. No. 5234 - GUSMAR REALTY . This is a request for a Variance under
Section 100-244 based on the Building Department's September 27, 2002 Notice of
Disapproval, concerning "as-built foundation(under BP#28558-Z for new construction)
with a front yard setback at less than 40 feet. Location of Property: 610 Chois Lane,East
Marion; Parcel 1000-35-8-5.19.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of each
hearing. Each hearing will not start earlier than designated above. The above files are available
for review between 8 and 3 during regular Town Hall business days. If you have questions,
please do not hesitate to call(631) 765-1809.
Dated: November 25, 2002.
Southold Town Board of Appeals
53095 Main Road
P.O. Box 1179
Southold,NY 11971-0959 (tel. 631-765-1809)
ts
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: September 27, 2002
TO: Gusmar Realty
1315 37th Street
Long Island City,NY 11101
Please take notice that your application dated September 27, 2002
For approval for an"under construction" foundation location at
Location of property: 610 Chois Lane, E. Marion
County Tax Map No. 1000 - Section 35 Block 8 Lot 5.19
Is returned herewith and disapproved on the following grounds:
The "as built" foundation constructed under permit#28558Z located on a non-
conforming 30,000 square foot parcel in the R-40 District, is not permitted pursuant to
Article XXIV Section 100-244.
The required minimum front yard setback is 40'. The proposed front yard setback
according to the current survey is at 37.6'.
Total lot coverage, is less than 20 percent.
/,,ice.
0441--
Authorized Signature
TOWN Of SOUTHOLD �' '` 's BUILDT arRIZIT APPLICATION E
A NCH CKLh
BUILDING;DEPARTME 1 I� ;i'•; . 4 2002 !t L„,,u have or need the following,before applyin
TOWN BALL � Board of Health
' SOUTHOLD, NY 11971 Roc ry::fi7----_l 3 sets of Building Plans
TEL: (631) 765-1802 �'=" ?f t:Tl;OLD py�nningBoard approval
FAX: (631) 765-9502 C9e5j3 • Survey
PERMIT NO. Check Check
Septic Form
N.Y.S.D.E.C.
Examined 9 i s C
,20 2 - Trustees
ontact:
Approved 2/J ,20 2 Mail to:
Disapproved a/c
1 / OF Phone:
Expiration i J 20 Ark
Building. . •ector
ID E 1� _ s
.i APPLICATION FOR BUILDING PERMIT
R ,.,
ip,
002
INSTRUCTIONSDate 1c (� ( , 20c
A'vt3v'•w +` ,
_ s app ication MUS be completely filled in by typewriter or in ink and submitted to the Building inspector with 3
sets of plans, accurate plot plan to scale.Fee according to schedule.
b. Plot plan showing location of lot and of buildings onpremises,relationship to adjoining premises or public streets or
areas, and waterways.
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 a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever mita the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Bnil ling Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and.other applicable Laws, Ordinances or
Regulations, for the construction of buildings,additions,or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
---, ,ev,„,._,t,.. L—,4Q.A_A&--c. 1111
(Signature of applicant or name,if: ,Nation)
E
' _2 c , AC1c.t -D
c � es---s• ,orf\app�licant)
State whether applicant is owner, lessee, gen 'architect, engineer, general contractor, electrician,pillTiber or builder
Name of owner of premises (--,-s-c -7-): _ ming f2 Ell-L?- ( Cc ' la --
(As
(As on the tax roll'or latest deed)
If a.. t i`-orpora -pn sly.... . e of dul%wowy authorized officer
Milpame and title o .rporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
House Number Street Hamlet
67 1?
County Tax Map No. 1000 Section `3 S Blockz--trot .' -72
Subdivision 5 $ � �+•`"�
v in n1 IT r--� 7-L4-T S Filed Map No. .,•, . :LoV/ •Y H
(Name) ._ .F,
2. State existing use and occupancy of premises and intendeduse and occup of proposed construct;on:
a. Existing use and occupancy S L e F A-rvk i
b. Intended use and occupancy
3. Nature of work(check which applicable):New Building Addition Alteration
Repair _Removal Demolition Other Work
(Description)
4. Estimated Cost t l 'C, 'C O . Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units 1 Number of dwelling units on each floor
If garage, number of cars
•
6. If business;commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures,if any: Front Rear Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front Rear Depth
Height Number of Stories
9. Size of lot: Front es • 4 ( Rear 2 2 '' .� (depth t0 2.
10. Date of Purchase Name of Former Owner G-CJ5 • m 44 f2 c4 L� f
11 Zone or use district in which premises are situated S 11i1.7
&
12. Does proposed construction violate any zoning law,ordinance or regulation?YES NO
13 Will lot be re-graded?YES NO Will excess fill be removed from premises?YES NO
14. Names of Owner of premises G P1M 1X Lddress r3 IS 3 / 4-At LIC Phone No. f 4s ',; `12
Name of Architect Address Phone No
Name of Contractor - m t Cc w r -r t u Address ►? i S 37j‘ IC Phone No. -7( 3 Q 2 y
Srt-EVe CoHE
15 a. Is this property within 100 feet of a tidal.wetland or a freshwater wetland? *YES NO v
* IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C.PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? *YES NO V'
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16 Provide survey, to scale,with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF )
.GL=Vti 4 - Q t� "( being duly sworn,deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)He is the
(Contra ctorQAg�Corporate Officer,etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application.
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this
/ day of /nj4+}/ 20 d�
i Notary Public Signature of Applicant
ELIZABETH A STATHIS •
NOTARY PUBLIC.State of New York
No.01 ST6008173.Suffolk County
Term Expires June 8,.2O.
Wria -7 /,
� r
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS �w
-------- ---------- ,p1�'0� Office Use Only
-- - - ----..
Fee $1615, Filed By• C-LLS tAa r!`pQtib Date Assigned/Assignment No. b73 3 4, RO
Office Notes.
Parcel Location: House No. Street CNh?S Lf(NF ora sWW/F1/T Hamlet E LIA et 0A)
SCTM 1000 Section 35 Block p$ Lot(s) 5. 11 Lot Size Zone District
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED:
Applicant/Owner(s): .62(15 MAR R [?E P,L`r( Coo- .
Mailing t
Address: V -- 13 3-1 Po L k 1 t o
Telephone: (6 3i) 4-7-7 -` 1410
NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc.
Authorized Representative: 'ON N A CE 's-A C--Hry
Address: as i; 5 s SOwvO VIEW Ave Sou (19'7/
Telephone: G3l) 765 — '556
Please specify who you wish correspondence to be mailed to,from the above listed names:
❑ Applicant/Owner(s) yl Authorized Representative ❑ Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR:
El Building Permit
❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy
❑ Change of Use
Permit for As-Built Construction
El
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article KX l V Section 100- a24 Subsection
Type of Appeal. An Appeal is made for:
WA Variance to the Zoning Code or Zoning Map.
❑ A Variance due to lack of access required by New York Town Law-Section 280-A.
❑ Interpretation of the Town Code,Article Section
❑ Reversal or Other
A prior appeal"hasghas not been made with respect to this property UNDER Appeal
No. Year
•
•
'REASONS FOR AREA VARIANCE ONLY(to be completed by applicant):
Do not use these standards for"use variance" or"special exception" (Also attach sheets if necessary, with
signatures.)
1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nereby
properties, if granted BECAUSE: _-H E
l7►s-ritztNCE IS ON _y 141MIA 14AL_
2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to
pursue, other than an area variance BECAUSE: /HE FOuNQATro,v H R5 I L2E R DY
( eEN PO' QGO
3. The amount of relief requested is not substantial BECAUSE: 17 13 0 IJLY oFF S 1 a pr Q ci 41 1AI•
4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district BECAUSE: 5 AN C- A5 AeoV e
5. Has the alleged difficulty been self-created?
(X) Yes. OUSE �To A L4-1 At0G G 1 t•-) A R-'rrr E CTS iR i OV€RS rre O' T H
( ) No. SkARVE
6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare of the community.
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
(Applicant) 1
Agent must attach written consent from ow -1-
Sworn to before thi
a1 day of , 2002.
LYNDA M. BOHN
NOTARY PUBLIC, State of New York
ry lic No.01606020932
Qualified in Suffolk County
D•\DATA�AL\FORMS\ZBA.APF Term Exrir^c p^ .,h ?�U
OARD OF APPEALS : TOWN O6111-VLp
COUNTY OF SUFFOLK:STATE OF NEW YORK •
x
Application of
Property ID # Appeal Application (Continued)
REASONS FOR USE VARIANCE
x
Continuation of Appeal Application for a Use Variance (when applicable):
For Each and Every Permitted Use under the Zoning Regulations for the Particular District
Where the Project is Located (please consult your attorney before completing):
(1) The applicant CANNOT realize a REASONABLE RETURN because:
(2) The HARDSHIP relates to the property and does not apply to a substantial portion of the
district or neighborhood because:
(3) The relief requested will not alter the essential CHARACTER of the neighborhood
because: fl C- PROPEgrtY
'ls oN -t H E rt ll-de sctC t ij p CoNNo e A),0
ON IN OFF 6`f aFT 4
(4) Has the alleged difficulty been self-created? (• ) Yes, or (/N) No. 011E2StTc Du 'TO
GE4A0 6-E 10 A e-C 4 TEG
(5) This is the MINIMUM that is necessary and adequate, and at the same time will preserve
and protect the character of the neighborhood and the health, safety, and welfare of the
community because:
__/-44 e tue Ge SSA e_y ram _n_tts t=ou.v04-v cw TD
Oe Sul 1.--r t5 -rNc oZf r p
(6) The spirit of the zoning ordinance will be observed.
(7) The public safety and welfare will be secured and substantial justice done.
(Signature of Appellant or Authorize t)
Swornto before this
a1 day o , 20 L
i� /
Yv\
(N•'�•ry Public) NOTARY LYNPUBDA M. BOHN
No. 01806020932 ew York
Term as Suffolk County
? enc
all IND
PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s)
I If building is existing and alterations/additions/renovations are proposed.
A. Please give the dimensions and overall square footage of extensions beyond existing building.
Dimensions/size:
Square footage•
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend beyond the existing building:
Dimensions/size:
Square footage:
II If land is vacant:
Please give dimensions and overall square footage of new construction.
Dimension/size
Square footage:
Height:
III. Purpose and use of new construction requested in this application. 51,0 6,t C t JIO Of
QC�I IJF NCE
IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s)•
U•A .
V Please submit seven (7) photos/sets after staking corners of the proposed new construction.
7/02
Please note• Further changes, after submitting the above information, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans If additional time is needed,
please contact our office, or please check with Building Department (765-1802) or Appeals Department
(765-1809) if you are not sure. Thank you
A.5a? 6 5ma.,' &ay
loco - 3 5 - g'->ak TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER : STREET VILLAGE DIST. SUB LOT /f'- i/�0/07
C h i o S Lanz ;asi-- NI r cn Z c aim* Es kaes &ca
(3s-k-5: vi3g--7--/zaz)
ACR. .p E^ R S
2
TYPE OF BLD. d(�L1//�/ --//s/oz)
sal, ( pv'
C
usrocc ( Yea c 3LtAS
-
LAND IMP. TOPROP.TAL DATE
7 C O \ 1 q4 $49/p5 - 1... �� ► r� ''N�k :6s Gugcostr fi
tk
5 0-0 C�.IJ S 7C-Z - ivO Z - — -- -- - -
b 0 Z /9/azd
1 s-b 0 M I '2-0-0f S/07,- — —
•
FRONTAGE ON WATER TILLABLE
FRONTAGE ON ROAD WOODLAND
DEPTH MEADOWLAND
BULKHEAD HOUSE/LOT
TOTAL
I coo _ 5_g. 5 , I TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET VILLAGE DIST. SUB LOT �S
N/AYDS Lo�rn.r�.. "ki Ic ) 2. Smm}4 s+&es c 1 I s 4
ACR. ,9 ) REMARKS - -
TYPE OF BLD.
Cocks mo ( C lei_ ff;) PROP. A-1. I
LAND IMP. TOTAL DATE
-7 CC1PZ -70-T) — - -
1DD t , 3( I ` - — —
l
FRONTAGE ON WATER TILLABLE
FRONTAGE ON ROAD WOODLAND
DEPTH MEADOWLAND
BULKHEAD HOUSE/LOT
TOTAL
oil
AIIIIIII
$, lle
alb"-
. Young & Young
, a
` N 400 Ostrander Avenue, Riverhead, New York 11901 lr
` 631-727-2303
•
Open Space Parcel 'A' d, Ata aW.Young, p E . & L.s. (1908-1994) it
aeer+g, Land surveyor tat
to
•vA • Thomas C. Wotpert, Professional Engineer
`•his'
Subdivision — ��66 Robert C. Tgat, Architect • '.r
"Summit Estates, Section 1" ti •v�d'. W E
Suffolk County File No. 9426 now or formerly it 1
-s. New York State Public Works `'
Lot 11 0
1 ill!
.' Mme°'�A �' •.�'�.
S !4---:
-N5 ' sA-s 1 0.61( '
O
N ` V 01
o
SS• 8 s 4 0
4i`o \ V SURVEYOR'S CERTIFICATION ovl� .
�'� V • WE HEREBY CERTIFY TO GUSMAR REALTY CORP. &PARED IN a
ti� MASPETH FEDERAL SAVINGS Sc LOAN
C0 li
1�t°' 1
ASSOCIATION THAT THIS SURVEY WAS
y�� ACCORDANCE WITH THE CODE OF PRACTICE FORELAND SURVEYS
's, ��$.4Fi' �� \ PROFESSIONALADED BY HE NEW LAND SURYORS.TE ASSOCIATION NEIN
of Y 0
Lot 12 •�°' fl
oo. si!hi '
oct- lig
"SummiSection 2" mCISubdivon \ HOWARDWOUNGNY.S. LS. N0. 45893
r-� by
4+ Suffolk County File No. 9426 P
•
SURVEY FOR
s s GUSMAR REALTY CORP. ?di
G •
V Lot- 13 ` \� '��'- LOT 11 "SUMMIT ESTATES, SECTION 2" `g°'
� l'
�,���� 0'`�� ' At East Marion, Town of Southold a `
V- Subdivision — 4.% \tp,F Suffolk County, New York
�' "Summit Estates, Section 2" ti\\�� R
is
County Tax Map District 1000 s«-ci«, 35 Block 08 Lot 5.19 i
l' ii,
4''"10.00' ��� « $
• \ X2.83' `A\> FOUNDATION LOCATION SURVEY VI
�`` o
NOTE
FOUNDATION LOCATION SEPT. 20, 2002 5.1g
• AREA = 30,000 SQ. FT. GENERAL AMENDMENTS JULY 1. 2002
• SUBDIVISION MAP 'SUMMIT ESTATES, SECTION 2" FILED IN GENERAL AMENDMENTS JUNE 14. 2002
THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON MAY 21, MAP PREPARED MAY 6. 2002 YPdr:::_
2002 AS FILE NO. 10768. r r
SCALE1' = 50' ['L hfi
,
❑-MONUMENT SET ■ - MONUMENT FOUND A- STAKE SET A-STAKE FOUND JO�, N0:.2002-0232 i
`\ DWG., 2002_02327_fotndotionJocotioptt
t
-
February 20, 2003
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. 0. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. — 5234 — Gusmar Realty
Action Requested: "As-built" foundation with front yard setback
Within 500 feet of: ( X ) State or County Road
( ) Waterway (Bay, Sound or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal
land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Lydia A. Tortora, Chairwoman
By:
Enclosures
—' z8A
COUNTY OF SUFFOLK
- aa.cge 7K-Lea- Ct_ilt:
>
11
MAR 1 2
ROBERT J GAFFNEY
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
February 28, 2003
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s)submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Greenberg/Gabriel 5199
Sheehan 5216
Goell 5219
Snellenburg* 5233
Gusmar Realty 5234
Speleotes 5237
North Fork Bank and Suffolk Development Company 5265
**Premises should be encumbered by appropriate developmental restrictions,particularly as set forth
by the ZBA.
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G.Newman
Chief Planner
GGN:cc
G:ICCHORNYIZON I NGIZON INGIWORKI N G1LD20031FEB1S D5199.FE B"
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG -4T1-I FLOOR ■ P 0 BOX 61 00 ■ (5 16)853-5 190
I00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
Southold, NY 11971
Email addresses: Linda.KowalskiATown.Southold.nv.us or
Paula.Ouintieri a,Town.Southold.ny.us
http://southoldtown.northfork.net
(631) 765-1809 fax (631) 765-1823 (alt. 9064)
FAX TRANSMISSION
FAX#
ATTN: I ti. _� ��..�i�.. i �_ / DATE: l / o? /200ri
REF: 3`I C /
MESSAGE: v� 6 €IJV Cid_
Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4.
Thank you.
Pages to follow:
� J �
APPEALS BOARD MEMBERS •••0\,1 $OFFO(,�c
. Southold Town Hall
Lydia A.Tortora, Chairwoman y� 53095 Main Road
Gerard P. Goehringer co Z P.O. Box 1179
George Horning k;O 4i$ Southold,New York 11971-0959
Ruth D. Oliva �O�'��� ZBA Fax(631)765-9064
Vincent Orlando =_ * -0„, Telephone Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 9,2003
Appl. No. 5234—GUSMAR REALTY
Property Location: 610 Chois Lane,East Marion 35-8-5.19
SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without an adverse effect on the environment if the
project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the northerly
end of Summit Lane. The lot is shown as Lot 11 on the Map of Summit Estates, Section 2,
and is presently improved with a foundation (see Building Permit 28558-z which authorized
commencement of construction for a new house with a setback of 40 ft. from the front
property line at its closest point).
BASIS OF APPLICATION: Building Department's September 27, 2002 Notice of
Disapproval which stopped work regarding Building Permit 28558-z for a foundation at less
than 40 feet from the front property line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on December 12,
2002, at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning Board
finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The relief requested is 2.4 feet within a front
yard area for an "as built" foundation, located at 37.6' instead of 40' from the front line at
its closest point(see survey updated September 20, 2002 prepared by Young & Young, L.S.)
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The neighborhood is primarily
being developed with new homes
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than a variance. The property is a non-conforming lot
consisting of 30,000 square feet in a R-40 district. The "as built" foundation was
r
Page 2—January 9,2003
Appl.No. 5234—Gusmar Realty
1000-35-8-5 19 at East Marion
placed at 37.6 feet instead of the required 40 feet. Without a variance the applicant
cannot construct the new house.
3. The variance granted herein is not substantial in relation to the code requirement.
The distance is only 2.4 feet.
4. The alleged difficulty has been self-created and is related to errors in measurements
by the applicant.
5. No evidence has been submitted to suggest that the relief granted will have an
adverse impact on physical or environmental conditions in the neighborhood.
6. Grant of the requested relief is the minimum necessary and adequate to enable the
applicant to enjoy the benefit of a new foundation for a house, while preserving and
protecting the character of the neighborhood and the health, safety and welfare of
the community.
RESOLUTION OF THE BOARD: In considering all of the factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member Oliva,
seconded by Member Orlando,and duly carried to
GRANT the variance, as shown on the Young & Young survey updated September 20,
2002, SUBJECT TO THE CONDITION that construction shall comply with all other
code setbacks and lot coverage provisions, without further reductions in the front yard
area.
Vote of the Board: Ayes: Members Tortora (( aixwarran),GoehringerOrlando and Oliva.
(Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0).
*
411111
, « ice'
Lydia A. Tortora, Chairwoman 12b-03
ro
'RANSMISSION t/ERIFICATION REPORT
•
TIME : 01/28/2003 12:28
DATE,TIME 01/28 12:26
FAX NO./NAME 4779460
DURATION 00:01:26
PAGE(S) 03
RESULT OK
MODE STANDARD
ECM
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BUILDING
�
iii PERMIT'
ISSUED TO G. m.j' tC4- DATE _31/CLosl_
ADDRESS 4JS clNois -4, _E.gi�ri:o ,
t This notice must be displayed during construction
and returned to Building Dept. to get a certificate
of occupancy upon completion of work.
BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD
SOUTHOLD, N.Y.
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. REVISIONS
OWNER,DEVELOPER,AND CONTRACTOR :'-2-E'01 IESVEO TO D 0.6 FOA RUNG AND.-APPRGJA C. _
GUSNIAR REALTY CORP -- - ANO TO aWAEA.POE P.N.EW
13-77 37TH AVENUE _
LONG ISLAND CITY,NEW YORK ._ --- -
LP 11101
k
'��'�o��SUFFO(�-eo
ELIZABETH A.NEVILLE ���h� G3. ; Town Hall, 53095 Main Road
TOWN CLERK cz - % P.O. Box 1179
Southold, New York 11971
REGISTRAR OF VITAL STATISTICS V6 4'S Fax(631) 765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER -y�49l .0.0.0,/ Fax
(631) 765-1800
FREEDOM OF INFORMATION OFFICER � southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A.Neville, Southold Town Clerk
DATED: October 9, 2002 .
RE: Zoning Appeal No. 5234
Transmitted herewith is Zoning Appeal No. 5234 of Gusmar Realty Corp. by
Donna Geraghty for a variance. Also included is: Applicant Transactional
Disclosure Form; Project Description; Notice of Disapproval dated September 27,
2002; letter of authorization; copy of building permit 29557Z; copy of building
permit application; and plans.
fielING BOARD OF APPEAL
ill 4#
Town Hall Office
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Email: Linda.KowalskiTown.Southold.ny.us or
Paula.Quintieri(a Town.Southold.ny.us
http://southoldtown.northfork.net
(631) 765-1809 fax (631) 765-1823 (alt. 9064)
TRANSMITTAL
To: Jerry, Lydia, George, Ruth, and Vincent
DATE: ip / 7 /2002
I
REF: Hearing Date: // / / 63 Appl. of ._210<__ �L
- � .1jII.A /. /
( x ) Info attached for your information and review.
Thank you.
Pages attached:
cla a 41110C-ca-e-4 dl-a r : V9/03,
/20-410
GUSMAR REALTY CORP. &
Summit Waterproofing and Restoration Co
13-15 37TH Ave. L.I.C. N.Y.11101
Tel (631) 477-4470 Fax (631) 477-9460
October 1st, 2002 OCT — 4 6E-
Southold Board of Appeals 5 a3
Aft. Gerald Goehinger -
53095 Main Rd.
Southold N.Y.11971
Re: Summit Estates Lot#11
SCTM#1000-35-8-5.19
Dear Mr Goehinger,
I have recently made application for a variance of a front yard set back. The foundation was
poured 2ft 4in. to close to the road. This home is already in contract, and the purchases must be
out of there home by March.
I would respectful ask if there is any way that I may be moved up to your next meeting so that I
can accommodate our buyers.
I don't believe that,this error in any way what so ever would have any impact on the surrounding
lots, because it is tucked away in the Connor of a cul-de-sac and will not interfere with any other
homes. I await your responses.
Very truly,
Donna Geraghty,
For Summit Estates
Sep •24. 2002 12:46PM No.9385 P. 1/1
GUSMAR REALTY CORP.
13-15 37TH AVENUE
LONG ISLAND CITY, N.Y. 11101
TEL: 718-392-6858/Fax: 718-729-4160
September 24,2002
Southold Town Board of Appeals
Main Road
Southold,N.Y. 11971
RE: Lot# 11 Summit Estates
East Marion,NY
SCTM: 1000-35-08-5.19
Dear Sir or Madam:
Please be advised that I,Pantelis Fakiris, am the president of Gusmar Realty Corp.whose
offices are located at the above address.
I hereby give Donna Geraghty authority to act as agent on our behalf in reference to the
above mentioned property.
Should you have any questions,please do not hesitate to call.
Sincerely,
404,Als-
Pantelis F Pres.
Guar Realty Corp.
•
• i
FORM NO. 3
NOTICE OF DISAPPROVAL :.-=P 2 7 )2
DATE: September 27, 2002
TO: Gusmar Realty
1315 37th Street
Long Island City,NY 11101
Please take notice that your application dated September 27, 2002
For approval for an"under construction" foundation location at
Location of property: 610 Chois Lane, E. Marion
County Tax Map No. 1000 - Section 35 Block 8 Lot 5.19
Is returned herewith and disapproved on the following grounds:
The"as built" foundation constructed under permit#28558Z located on a non-
conforming 30,000 square foot parcel in the R-40 District, is not permitted pursuant to
Article XXIV Section 100-244.
The required minimum front yard setback is 40'. The proposed front yard setback
according to the current survey is at 37.6'.
Total lot coverage, is less than 20 percent.
Authorized Signature
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO. 28558 Z Date JULY 15 , 2002
Permission is hereby granted to:
REALTY CORP GUSMAR
LONG ISLAND CITY,NY 11101
for :
CONSTRUCTION OF A SINGLE FAMILY DWELLING AS APPLIED FOR
at premises located at 610 CHOIS LA EAST MARION
County Tax Map No. 473889 Section 035 Block 0008 Lot No. 005 . 019
pursuant to application dated MAY 31, 2002 and approved by the
Building Inspector to expire on JANUARY 15, 2004 .
Fee $ 1, 358 .40
' 11111VAuthorized Signature
ORIGINAL
Rev. 5/8/02
lb 0 . .
411,
,
. Young & Young Q
` N 400 Ostrander Avenue, Riverhead, New York 11901 t'l
631-727-2303 1i
Open Space Parcel 'A' , Alden W. Young, P.E. & L.S. (1908-1994) �l
Howard W. Young, L r n $
•t Thomas C. Wotpert, Profe g .ear i
Subdivision — hro6 t. -,,, Robert C. Tact, -" t_.. - / ,
"Summit Estates, Section 1" V • Ai W -- ¢�- E t � , . L 3 ,
Suffolk County File No. 9426 t c Ili!
<
�yF now or formerly I i •�
• New York State Public Works - i
Lot 11 tiyy� )",e.t r F :Lf)13 HOLD J P'
a'
s 6 .
f \ a
v3 S i
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'�. �j, \
S li
sAs. 11 g; ' ti hyo SURVEYOR'S CERTIFICATION Pi
s
�� K.
• WE HEREBY CERTIFY TO GUSMAR REALTY CORP. & g':
;o; ' ,o, ry MASPETH FEDERAL SAVINGS & LOAN
*Pr% C9 \ ASSOCIATION THAT THIS SURVEY WAS PREPARED IN $
ACCORDANCE WITH THE CODE OF PRACTICE FOR i �VEYS s
X3.46' \ ADOPTED BY THE NEW YORK STATE ASSOCIA
7S) \' 'QV \ PROFESSIONAL LAND SURVEYORS. S kO
•2,1, A0.00' o W. y
Lot 12 ,'�� -0o- y��.,, �i�`f` it
—► Lot 10 <<.. �li� <
Subdivision — 1 co . i ► ��a•
i r ,
"Summit Estates, Section 2" ' o \ <� O {
t.
t Subdivision — HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 C2 45893
�� "Summit Estates, Section 1" l.A�dps�� b`
.\ L+o Suffolk County File No. 9426 E'
Iwo.
SURVEY FOR
s GUSMAR REALTY CORP.
G tiii
Lot 13 ``�.�� os�• LOT 11 "SUMMIT ESTATES, SECTION 2" i;
;�`� 0,,,.. ��' At East Marion, Town of Southold i'•
7 Subdivision — ;.,,` / \,P Suffolk County, New York €
� •
' "Summit Estates, Section 2" ti,\\.. \ a " County Tax Map District 1000 section 35 Block 08 Lot 5.19 f!
�?� z�2.�0 � FOUNDATION LOCATION SURVEY i.
ul
. a
NOTE
FOUNDATION LOCATION SEPT. 20, 2002 Is;
AREA = 30,000 SQ. FT. GENERAL AMENDMENTS JULY 1, 2002
• SUBDIVISION MAP 'SUMMIT ESTATES, SECTION 2" FILED IN GENERAL AMENDMENTS JUNE 14, 2002 11
THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON MAY 21, MAP PREPARED MAY 6, 2002 I a�
2002 AS FILE NO. 10768. SCALE 1" = 50' FL f1i*
t
❑ - MONUMENT SET III JOB NO. 2002-0232- MONUMENT FOUND A - STAKE SET A- STAKE FOUND F
�
DWG. 2002_0232_foundJ
ationocationf
+
TOWN Of SOUTHOLD '' BUII,DIN APPLICATION CHECKLIST
BUILDING DEPART ?t.r H W 4 2002 Do you have or need the following,before applying'
TOWN HALL I Board of Health
SOUTHOLD,NY 11971 Ai.De �I rT 3 sets of Building Plans
TEL: (631) 765-1802 ''' Of- KW-MOLD
TOLD pig Board approval
FAX: (631) 765-9502C9e5-58 Survey r
PERMIT NO. Check
Check
Septic Form
N.Y.SD.E.C.
Examined i S ,20 2 Trustees
Contact:
Approved �//J ,20 2Mail to:
Disapproved a/c � *a. f'43 Y�_�iU�_ de
/& Phone: _
Expiration i it , 20 II ar /Pk
Building . '. •r
EGh.E, 1V._. 1
. APPLICATION FOR BUILDING PERMIT
X11► �
Date 1`), ( 20 pe2,
�,t* INSTRUCTIONS
• 014141. ;ins ,
s app 'cation MUS be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale.Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
c. The week 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 a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole arm part for any purpose what so ever until the Building
issues a Certificate of Occupancy. Inspector
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date.If no
zoning amendments or other regulations affecting the
property have been enacted in the interim,the
addition six months. Thereafter, Building Inspector may authorize,in the extension of the permit for an
a new
permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and•other applicable Laws, Ordinances or
Regulations, for the construction of buildings,additions,or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and
authorized inspectors on premises and in building for necessaryregulations, and to admit
�dm8 inspections.
A.
(Signature of applicant or name,if j o gy ration)
'Z2( S Cke),D
t)
State whether applicant is owner,lessee, gent architect,engineer,general contractor, electrician,pluiaber or builder
Name of owner of premises (-;-c.".3- iii 6 g 12 cin-C_?- Cc,_p X
(As on the tax roll or latest deed)
If a. .44,1b.t itj orpora.► . si a. • . .e of duly authorized officer
1 ame and title o 'rporate officer)
Builders License No.
Plumbers License No.
Electricians License No. •
Other Trade's License No.
1. Location of land on which proposed work will be done:
c.) vy‘ rn rt 1EX37 itYmiefa�
House Number Street Hamlet
i9
County Tax Map No. 1000 Section `3 S Block g-
A.
S u rvil r>1 -l- .,,., ,
Subdivision 1 �y-f-�,�--� Filed Map No. vt /' '
�T Fli��p',. ;��, 'kltilte�;�:r;^Lc�7l.4€:.04�
(Name) «—F..4.0;a,1.x1.ZE-, <A •r z_i'
2. State existing use and occupancy of premises and intended'use and occupancy of proposed construction:
a. Existing use and occupancy ctoC=LF V I ( L
b. Intended use and occupancy 1M t LA!
3. Nature of work(check which applicable):New Building 1 Addition Alteration
Repair .Removal Demolition Other Work
(Description)
4. Estimated Cost ( C (,CtC' Fee
(To be paid on filing this application)
• 5. If dwelling,number of dwelling units ( • Number of dwelling units on each floor I
If garage, number of cars
6. If business;commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures,if any: Front Rear 'Depth
Height Number of Stories
•
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
1
. Dimensions of entire new construction:Front Rear Depth
.Height Number of Stories
69. Size of lot: Front Sys • C Rear 2 2 .6 (-Depth t 0 2.
10. Date t>f Purchase Name of Former Owner G-4.15 • L7--`I •
11. Zone or use district in which premises are situated • S 1 tiqol -
12. Does proposed construction violate any zoning law,ordinance or regulation?YES NO IV
13. Will lot be re-graded?YES N./NO Will excess fill be removed from premises?YES NO __
14. Names of Owner of premises 6-05/1 A-R kb14-i-> ddress 1315 3 't 4-A L i C- Phone No. (s-
Name of Architect Address Phone.No
Name of Contractor !t Cc it; -r t u Address 1-2) 15' '3'74A --( Phone No. 1 lS'
S-rEVE CoHE J
15 a. Is this property within 100 feet of a tidal wetland ora freshwater wetland? *YES NO v*--
*
'* IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C.PERMITS MAY BE REQUIRED. ' •
b. Is this property within 300 feet of a tidal wetland? *YES NO V
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey,to scale,with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF
-1>4-=iI0 Q a AG- being duly sworn,deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)He is the
(Contractorqge�Corporate Officer,etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this
3/ day of /Viy)/ 20 0..2
V2W)
v Notary Public Signature of Applicant
ELIZABETH A STATHIS •
NOTARY PUBUC,State of New York
No.01 ST6008173.Suffolk County
Term Expires June 8.20.Q4a.
41011
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME: Cc/51.01e g E q c.T4 C.'O,a/� , OD,,)ANA e-A
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, sudh as a company If so, indicate the
other person or company name )
NATURE OF APPLICATION. (Check all that apply)
Tax Grievance
Vanance
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
If"Other",
name the activity
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. `Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares
YES NO
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold.
Title or position of that person.
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply)
A)the owner of greater than 5%of the shares of the corporate stock
of the applicant (when the applicant is a corporation),
B)the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation),
C) an officer, director, partner, or employee of the applicant, or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Submitted this 2tday of • ► p 2
Signature 11 •
Print Name ,N G � ��
I Of Southold i
r.) Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 10/09/02 Receipt#: 174
Transaction(s): Subtotal
1 Application Fees $150.00
Check#: 174 Total Paid: $150.00
) J
j
Name: Gusmar, Realty Corp
13-15 37th Ave
Long Island City, NY 11101
Clerk ID: LINDAC Internal ID:63323
•
`Dec, 2. 2002 4:35PM No 3026 P. 1
1 A
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
---_ x AFFIDAVIT
In the Matter of the Application of OF SIGN
POSTING
Gusmar Realty Corp.
(Name of Applicants)
CTM Parcel#1000-35-08-5.19
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, jl A R i A SEAS of Gusman Realty Corp.residing at CA 5-1- 19�
,New York,being duly sworn,depose and say that:
On November 27,2002 I have placed the Town's official Poster,with the date of hearing
and nature of our application noted thereon,securely upon the property,located ten(10)
feet or closer from the street or right-of-way(driveway entrance)-facing the street or
facing each street or right-of-way entrance,near the entrance or driveway entrance of our
property, as the area most visible to passersby,and that
We hereby confirm that the Poster has remained in place for seven days prior to the date
of the subject hearing date,which hearing date was shown to be December 12,2002.
(Signature)
Sworn to before me this
II Day of L ,2002
• Al A
,I otary Public
JOYCE M.WIL.KINS
Notary Public,State of New York
No.4952246,Suffolk County
Term Expires June 12, (OQ
ZONING BORAD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
x AFFIDAVIT
In the Matter of the Application of OF
MAILINGS
Gusmar Realty Corp.
(Name of Applicants)
CTM Parcel #1000-35-08-5.19
x
COUNTY OF QUEENS)
STATE OF NEW YORK)
I, DA/3(EL F. b421qe.70k)C-.777 residing at bc.yckL.y/J,
,New York,being duly sworn, depose and say that:
We, Gusmar Realty Corp., are the owners of Lot 10, Lot 12 and the open space Parcel A
of the subdivision Summit Estates which are the properties that are adjacent to Lot 11,
615 Chios Lane (Summit Lane), East Marion,New York.
We hereby waive notice regarding the variance for Lot 11.
7
(Signature)
Sworn to before me this
Z Da oftw , 2002
P(1)4 .--
DONNA M. NEUBAUER
NOTARY PUBLIC.State of New York
No.41-4196600
Nabbed to Queens County n
Term Expires September 30, 20
x e N STATE OF NEW YORK)
)SS:
COUNTY OF SUFFO K)
<,e �/o�,d ,rir/ ><,(��i� of Mattituck, in said
SI . k t_ I county, being duly sworn, says that he/she is
APP LS at the own. ;5'3095
Main Roarl, S0014014,"New York ' Principal clerk of THE SUFFOLK TIMES, a weekly
-11971, cm. Thursday, becertrber 12,p newspaper, published at Mattituck, in the Town ofoat, .. ` " °"(or asSouthold, County of Suffolk and State of New York,
' an. JEAN GOELL. Thisis a
request for a Variance under Section and that the Notice of which the annexed is a printed
100-244B based on the Building copy,has been regularly published in said Newspaper
Department's August 22, 2002 once each week for / weeks succes-
Notice of Disapproval, concerning y
proposed additions and alterations to sively, commencing on the Z/ day
an existing building with setbacks of /Voir 2002, •
closer than 35 feet from each the
front lot line and rear lot line.
Location of Property: 32645 Main
Road,Cutchogue;117-9-16.2.
7:00 p.m. Appl. No. 5225 — rincipal Clerk
ROBERT and CELIA SWING. This ^
is a request for a Variance under Sworn to before me this o2 ?
Section 100-244B based on the j
Building Department's August 22, 1 day of AAV' 20 d�
2002 Notice of Disapproval,concern-
ing the nonconforming setback lora- + r!/til�d�l Lll.li'tit-
tion of"as-built"additions and alter-
ations at less than 10 feet on a single LAURA E. BONDARCHUK
side yard and less than the minimum Notary PublicState of New York
requirement of 25 feet for total side Noo O1 958
I yards. Location of Property: 445 Qualifiedied in in 5,Suffolk County `�
Island View Drive,Greenport;57-2-
27. My Commission Expires Dec.24, 20—M-
7:10 p.m. Appl. No. 5226
KATHY and JOHN CHESKA.This is
I a request for a Variance under '
1 Section 100-244B based on the
Building Department's August 26,
2002 Notice of Disapproval,concern-
ing proposed second-story additions
and alterations with a front yard set-
back at less than 35 feet.Location of
Property: 1300 Minnehaha,
Southold;1000-87-2-11.
7:20 p.m. Appl. No. 5234-GUS- i
MAR REALTY.This is a request for
a Variance under Section 100-244
based on the Building Department's
September 27, 2002 Notice of
Disapproval, concerning "as-built"
foundation,(under BP#28558-Z for
new construction) with a front yard
setback at less than 40 feet.Location
of Property: 610 Chois Lane, East
Marion;Parcel 1000-35-8-5.19.
7:30 p.m. Appl. ,No. 5229 —
HILLER ESTATE. A Lot Waiver is
requested under Section 100-26 to
unmerge two merged parcels, one
being the northerly (vacant 1000-
123-3-2) portion containing 18,447
sq. ft. of land area proposed for a
future dwelling,and the other being
the southerly 31,031 sq. ft. portion ;
(improved) (1000-123-3-4.1). The
Building Department in its July 19,
2002 Notice of Disapproval, deter-
mined that both former lots have
merged due to common ownership
after July 1,1983(May 1,1983).
7:35 p.m. Appl. No. 5214 -
ROBERT and LEONA WHITE. A
Lot Waiver is requested under
Section 100-26 to unmerge a parcel
containing 14,000 sq.ft.of land area,
from the adjacent land area also with
an area of 14,000 sq.ft.Based on the
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Emails: Linda.Kowalski(a).Town.Southold.nv.us or
Pau la.Quintierk Town.Southold.nv.us
(631) 765-1809 fax (631) 765-1823 or 9064
November 25, 2002
lz
Re: Chapter 58— Public Notice for Thursday, December`'t 2002 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will
be published in the next issue of the Suffolk Times.
1) Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, with a copy of your survey or filed site map, showing the new construction area,
or map with details of your request, by Monday, December 2' to all owners of land (vacant or
improved) surrounding yours, including land across any street or right-of-way that borders your
property. Use the current addresses shown on the assessment rolls maintained by the Town
Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of
another address for a neighbor, you may want to send the notice to that address as well.
2) When picking up the sign, a $30 check, as a returnable deposit, will be requested for each
poster with metal stand (or $15 for poster only). Please post the Town's official completed
poster no later than Wednesday, December 5th. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. (If you border more
than one street or roadway, an extra sign is available for the additional front yard.) The sign(s)
must remain in place for at least seven (7) days, and should remain posted through the day of
the hearing. If you need a replacement poster board, please contact us.
3) By December 6th, please either mail or deliver to our office your Affidavit of Mailing (form
enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by
the Post Office. (Also, when the green signature cards are returned to you by the Post Office,
please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is
not returned, please advise the Board at the hearing and return it when available. These will be kept
in the permanent record as proof of all Notices.
4) By December 12th, after the signs have been in place for seven (7) days, please submit your
signed Affidavit of Posting to our office.
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosures Zoning Appeals Board and Staff
P.S. Please be sure to pick up the poster between Dec. 2' and Dec. 5th, between 8-12, or 2:00-3:30.
Thank you.
OFFICE OF
ZONING BOARD OF Al 4LS
• X. 53095 Main Road
Southold, NY 11971
Email: Linda.KowalskikTown.Southold.ny.us or
Paula.Quintieri(Town.Southold.ny.us
http://southoldtown.northfork.net
(631)765-1809 fax(631)765-9064
FAX TRANSMISSION
q L�
FAX# 77— / ( ‘a
ATTN: p- vita - x.��+ � DATE: 1/ /2-4 /2002
REF: t)7a/L J1 o o)3
MESSAGE: 7( Cp /
-4-1.---;-/---.---rt-Aw4 /^9-6,---?‘"")
Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4.
Thank you.
Pages to follow:
Chapter 58, NOTICE OF PUBLIC HEARING
[HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995
as L.L. No. 25-1995. Amendments noted where applicable.]
§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section shall apply. Upon
determining that an application is complete, the board or commission
reviewing the same shall fix a time and place for a public hearing thereon.
The board or commission reviewing an application shall provide for the
giving of notice:
A. Byt causing a notice giving the time, date, place and nature of the
hearing to be published in the official newspaper within the period prescribed
,J1"tfr
by law.
ill. By requiring the applicant to erect the sign provided by the town,
which shall be prominently displayed on the premises facing each public or
private street which the property involved in the application abuts, giving
notice of the application, the nature of the approval sought thereby and the
►f�e5, ( time and place of the public hearing thereon. The sign shall be set back not
,►� 1 more than ten (10) feet from the property line. The sign shall be displayed for
1�3 a period of not less than seven (7) days immediately preceding the date of
the public hearing. The applicant or his/her agent shall file an affidavit that
,-s/he has complied with this provision.
C. By requiring the applicant to send notice to the owners of record of
of every property which abuts and every property which is across from any
,/t� public or private street from the property included in the application. Such
4 ' notice shall be made by certified mail, return receipt requested, posted at
s° i least seven (7) days prior to the date of the initial public hearing on the
!' '! application and addressed to the owners at the addresses listed for them on
l.� / the local assessment roll. The applicant or agent shall file an affidavit that
\efv(b d) s/he has complied with this provision.
i.- t
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY,DECEMBER 12,2002
NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter
100 (Zoning), Code of the Town of Southold, the following hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold,
New York 11971, on Thursday, December 12, 2002, at the time noted below (or as soon
thereafter as possible):
7:20 pm Appl. No. 5234 - GUSMAR REALTY . This is a request for a Variance under
Section 100-244 based on the Building Department's September 27, 2002 Notice of
Disapproval, concerning "as-built foundation (under BP #28558-Z for new construction)
with a front yard setback at less than 40 feet. Location of Property: 610 Chois Lane,East
Marion; Parcel 1000-35-8-5.19.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of each
hearing. Each hearing will not start earlier than designated above. The above files are available
for review between 8 and 3 during regular Town Hall business days. If you have questions,
please do not hesitate to call(631)765-1809.
Dated: November 25,2002.
Southold Town Board of Appeals
53095 Main Road
P.O.Box 1179
Southold,NY 11971-0959 (tel. 631-765-1809)
14
J R J-' J 4
ZONING BOARD OF APPEALS •
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
AFFIDAVIT
OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- - -
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I. residing at
, New York, being duly sworn, depose and say that:
On the day of , 200 I personally placed the
Town's official Poster, with the date of hearing and nature of my application
noted thereon, securely upon my property, located ten (10)feet or closer from
the street or right-of-way (driveway entrance) -facing the street or facing each
street or right-of-way entrance;*and that
I hereby confirm that the Poster has remained in place for seven days •
prior to the date of the subject hearing date, which hearing date was shown to be
(Signature)
Sworn to before me this
day of , 200 .
(Notary Public)
*near the entrance or driveway entrance of my property, as the area most visible
to passersby.
�e--
J. `
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD.NEW YORK
------ x
In the Matter of the Application of
AFFIDAVIT
OF
(Name of Applicants) MAILINGS
CTM Parcel #1000- - -
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, residing at
, New York, being duly sworn, depose and say that:
On the day of , 200 , I personally mailed at the
United States Post Office in , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the official records on file with the ( ) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the applicant's property.
(Signature)
Sworn to before me this
day of , 200
•
(Notary Public)
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed. Thank
you.
P. 1
* * * COMMUNICATION RESULT REPORT ( NOV. 26. 2002 5: 15PM ) * * z
FAX HEADER: SOUTHOLD SUPERVISORS
TRANSMITTED/STORED : NOV. 26. 2002 5: 14PM
FILE MODE OPTION ADDRESS RESULT PAGE
219 MEMORY TX 4779460 OK 5/5
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
Southold,NY 11971
Email: Lida.KowalskleTown.Southold.ov.us or
Paula.QuintieirMTown.S outhold.nv.us
http://southoldtown.northfork.net
(631)765-1809 fax(631)765-9064
p �C FAX TRANSMISSION
FAX# _71\ ! + 44
ATTN: e[S+O-g.4a_) .o.&,n_d flL� DATE; 11 / O /2002
REF: ic.o ryjQil� tT 6-;)3
/
MESSAGE: .l.�a/ I1
Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4.
Thank you.
Pages to follow: . •
OFFICE OF
--- - ZONING BOARD OF APPEALS
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Emails: Linda.Kowalski(a)Town.Southold.nv.us or
Paula.Quintieri u0Town.Southold.nv.us
(631) 765-1809 fax (631) 765-1823 or 9064
November 25, 2002
Re: Chapter 58– Public Notice for Thursday, December 14, 2002 Hearing —4--c- x /tom/
Dear Sir adam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will
be published in the next issue of the Suffolk Times.
1) Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, with a copy of your survey or filed site map, showing the new construction area,
or map with details of your request, by Monday, December 2"d to all owners of land (vacant or
improved) surrounding yours, including land across any street or right-of-way that borders your
property. Use the current addresses shown on the assessment rolls maintained by the Town
Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of
another address for a neighbor, you may want to send the notice to that address as well.
2) When picking up the sign, a $30 check, as a returnable deposit, will be requested for each
poster with metal stand (or $15 for poster only). Please post the Town's official completed
poster no later than Wednesday, December 5th Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. (If you border more
than one street or roadway, an extra sign is available for the additional front yard.) The sign(s)
must remain in place for at least seven (7) days, and should remain posted through the day of
the hearing. If you need a replacement poster board, please contact us.
3) By December 6th, please either mail or deliver to our office your Affidavit of Mailing (form
enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by
the Post Office. (Also, when the green signature cards are returned to you by the Post Office,
please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is
not returned, please advise the Board at the hearing and return it when available. These will be kept
in the permanent record as proof of all Notices.
4) By December 12th, after the signs have been in place for seven (7) days, please submit your
signed Affidavit of Posting to our office.
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosures Zoning Appeals Board and Staff
P.S. Please be sure to pick up the poster between Dec. 2" and Dec. 5th, between 8-12, or 2:00-3:30.
Thank you.
aNSMISSION VERIFICATION REPORT
I-� 4
TIME : 11/26/2002 17:00
DATE,TIME 11/26 16: 59
FAX NO. /NAME 4779460—
DURATION 00:00: 47
PAGE(S) 01
RESULT OK
MODE STANDARD
ECM
No•8008 P. 1
ZONING BORAD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
---.-_ AFFIDAVIT
In the Matter of the Application of OF
Realty • MAILINGS
(Name of Applicants)
CTM Parcel#1000-35-08-3.19
COUNT OF QUEENS)
STATE OF NEW YORK)
I, ttt F. b A60/QL 7 7 residing at ;•twO,
,New York,being duly sworn,depose end say that:
Wc, Gusmar Realty Corp.,are the owners of Lot 10,Lot 12 and the open space Parcel A
of the subdivision Summit Metes which are the properties that are adjacent to Lot 11,
615 Chios Lane(Summit Lane),East Marion,New York,
We hereby waive notice regards the variance for Lot 11 - .7
(Signature)
4sypm to be 'oro me this
Da of
woe,2002
DONNA M. NEUBAUER
NOTARY IRAKIC,State of Nate York
t(o.41.4796600
Qalltffed is WW1 County
Term Expires September 30,20
GUSMAR REALTY CORP. &
SUMMIT WATERPROOFING& RESTORATION Co
I3-15 37' AVE. L.I.C. N.Y41101
380 MARINA LANE EAST MAZON N.Y.11939
TEL (631) 477-1470 FAX (631) 477-9460
DATE: I to 4-(v i
TO: 'ti". (2ioea.e6 kowq.csti,
FAX: ���3r ) "1 g5-- qo eq
FROM: S u.0 T esu reS
NO OF PAGES (INCLUDING.COVER SHEET)
RE:
1
U;�;ZN
Young & Young ging,
nNSE
400 Ostrander Avenue, Riverhead, New York 11901 o
631-727--2303 ig5
N Alden W. Young, P.E. & L.S. (1908-1994) F` `
Howard W. Young, Land Surveyor xg'
Thomas C. Wolpert, Professional Engineer `
Robert C. Tast, Architect
\ III :. Or o
W ,.--..— sr. ... . E
• \ AK IN
AM I Ilk 0
\ aoa
F0
rt,'
,
3zi
Open Space Parcel 'A' <<-
_Q,
HEALTH DEPARTMENT USE ywJ• �
Subdivision - S tg,5.2
•"Summit Estates, Section 1" ,6o' o� j
Suffolk County File No. 9426 >3a
o a
0
`L now or formerly � _
•'` New York State Public Works
0
4-
j
Lot 11 ��
�y boa
'i-.z Y
GG,'5� �' ��b2 �p SES
•'J '005 00 s cn 53 38 SPNIIAR`(
ss, S,��M
B.i8 oc ON F.E ht NOTE
O�Gi OPop & GPRAGE o. g,.
o��o PR NS4 gEORpOM� >� .' AREA = 30,000 SQ. FT.
.. .,`'° OGS 955 j o T}.'S8 O�j
oo cV /. • SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF o
Q J ?� e� \ SUFFOLK COUNTY.
7 `/,.,9°'
ao.9i5 t RiVf�s�o r \ / • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929)
6+, q v
// IY � Roy nom` �1p rn .� ' ---- Zag-- -
o\ to Q� \V ?i i.--t'
m
`\ m `o SURVEYOR'S CERTIFICATION '6J�
76,> •s' L -4 \\ • WE HEREBY CERTIFY TO GUSMAR REALTY & aW
oe
2
7,? 1-,"�� 'Q� MASPETH FEDERAL SAVINGS AND LOAN SyN
PI
Lot 12 O Q' O ASSOCIATION THAT THIS SURVEY WAS PREPARED IN $`
'i' .' 0 \ ACCORDANCE WITH THE CODE OF PRACTICE FOR LAND SURVEYS
'i • ADOPTED BY THE NEW YORK STATE ASSOCIATION 0
Subdivision - gym, / < ` PROFESSIONAL LAND SURVEYORS. (If NE�/
"Summit Estates, Section 2" r;� `\ L0 inot 10 \ P•ST, W Y ��
m � rn • Uj ,y� Y c/] f
' X 1ao {gj
` Subdivision \ 4140°..A01---iii. �� o
e, Summit Estates, Section- 1" �..:
/
‘ �` Suffolk County File No. 9426 HOWARD W. YOUNG, N.Y.S. L.S. N0. 45893 l"l? 4589ry r-'
•
wo. �y`4-oLANDS 4• '
-
s
til
/ \` G 7 ��m
•-3�� SURVEY FOR NNW:
V 9-' c GUSMAR REALTY �mW
v�ti�`` o'" � % LOT 11 "SUMMIT ESTATES, SECTION 2" =N
/ Lot 13 �P At East Marion, Town of Southold �__'
•
R o.00' PO Suffolk County, New York <oat
` �u%n
Subdivision - `•
415: 40,
X2.83'
•
"Summit Estates, Section 2"
County Tax Map District 1000 Section 35 Bock 08 Lot 5.19
BUILDING PERMIT SURVEY
0
REVISED LOCATION OF PROPOSED HOUSE JUNE 14, 2002 o.a
MAP PREPARED MAY 6, 2002 ` off
ivoNN
SCALE 1" = 40' g-gy
CI = MONUMENT SET N = MONUMENT FOUND A = STAKE SET A= STAKE FOUND JOB NO. 2002-0232 BP ��oo
DWG. 2002_0232_bp .,•w
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