HomeMy WebLinkAbout5285 ' APPEALS BOARD MEMBERS r� A,staff '&&
rrr ®Q° ®� Southold Town Hall
Lydia A.Torkrora, Chairwoman , �< _ ', �s 53095 Main Road
erard P. Goehringer s. a P.O. Box 1179
George Horning �' '' Ppli
1 Southold,New York 11971-0959
Ruth D. Oliva iI `` $—®�rrrr ZBA Fax(631)765-9064
Vincent Orlando _ ,.'' Telephone (631)765-1809
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BOARD OF APPEALS /,-5-5 /90 .
TOWN OF SOUTHOLD APR 1 4 2003
FINDINGS, DELIBERATIONS AND DETERMINATION ` 2/-P
94
MEETING OF APRIL 3, 2003
Southold Town Clerk
Appi. No. 5285 - Geraldine N. Barton, Contract Vendee (Goeller & Others, Owners)
Location of Property: 5295 Nassau Point Road, Cutchogue; Parcel 1000-111-9-13.
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 43,460 sq. ft. parcel has 125.25 ft.
frontage along the east side of Nassau Point Road and is vacant, except that there is a
343 sq. ft. encroachment of the neighbor's garage building in the northerly yard area.
BASIS OF APPLICATION: Building Department's November 8, 2002 Notice of
Disapproval, citing Section 100-30A.3, in its denial of a building permit to construct a
new dwelling at less than 50 feet from the front lot line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on March 20,
2003, 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: Applicant wishes to construct a dwelling at
15 ft. from the southerly property line instead of the minimum 50 ft. front yard setback.
The remaining setbacks are shown on the survey map prepared by John C. Ehlers, L.S.
dated 9-19-02, revised 2-24-03, with setbacks of 20 ft. from the northerly property and
88 ft. from the westerly front lot line. The setback of the dwelling is also shown at less
than 15 feet from a proposed "retaining wall" on the south side, its closest point.
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 area variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The applicant proposes to
construct a moderately sized single-family dwelling on their one-acre lot, which would
have a total coverage of approximately 13% of the lot area. The variance requested is
for a 15 ft. front yard setback facing Little Peconic Bay Road, which is only used as a
footpath and not used for vehicular traffic. The garage on the south side facing Nassau
/ ,,,,; 1...;„
page 2—April 3,2003 —`
Appl:No. 5285—Barton(Goeller&Others)
111-9-13 at Cutchogue
Point Road is proposed with a conforming setback of 88 feet from the front lot line, and
the northeast corner of the house facing Little Peconic Bay is proposed with a
conforming setback of 140 feet from the existing timber bulkhead.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. The proposed new dwelling is
actually 40 feet from the adjacent property owner. The dilemma here is a paper road on
the south side of the property line, which will remain a footpath to access the
Association's beach.
3. The requested relief is substantial. since the existing code requirement for a front yard
setback is 50 feet and the applicant is requesting a 35 ft. reduction from this
requirement.
4. The difficulty is self-created. The applicant wishes to construct a new house on a
vacant lot which has two front yards.
5. The depression in the topography of the land in the southerly yard area, at the
requested front yard setback area, has been raised and it was offered as a resolution to
this issued that the dwelling be shifted to allow for a 10 feet from the southerly lot line
instead of 15 feet. No information or evidence has been submitted to suggest an
adverse impact on physical or environmental conditions in the neighborhood.
6. Grant of the requested variance is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of a new dwelling, 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 above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Goehringer, seconded by Member Oliva, and duly carried, to
DENY the 15 ft. setback from the southerly lot line at its closest point, and to
ALTERNATIVELY GRANT a required setback of 10 feet from the southerly lot
line, with the following CONDITIONS:
Continued maintenance of a natural screening of 6 ft. or 8 ft. high evergreens
running the east-west length of the house on the north property line; the Board
reserves the right to review the screening, when completed.
.+ ,h t
Page 3—April 3,2003
Appl. No. 5285—Barton (Goeller&Others)
111-9-13 at Cutchogue
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
- setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and
Orlando. (Absent was Member Horning of Fishers Island.) Th. ion was duly
adopted (4-0). i��‘d"
Lydia A. T"o ra, Chairwoman —Approved for Filing
pp
4/ /7 /03
•
,IMO.®suf F®`ate®
,ALIZAI ETH A.NEVILLE � 4 ; Town Hall, 53095 Main Road
TOWN CLERK o P.O. Box 1179
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Southold, New York 11971
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER `� "'/ei • ���',iI', Telephone (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: December 17, 2002
RE: Zoning Appeal No. 5285
Transmitted herewith is Zoning Appeal No. 5285 of Geraldine N. Barton
(contract vendee) by J. Kevin McLaughlin for a variance. Also included is:
letter of transmittal dated December 10, 2002; Applicant Transactional Disclosure
Form; Project Description; Short Environmental Assessment Form; Notice of
Disapproval dated November 8, 2002 with copy of Building Permit Application
attached; ZBA Questionnaire; letter of authorization; survey and plan.
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LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY,MARCH 20,2003 PUBLIC HEARING
NOTICE is HEREBY GIVEN,pursuant to Section 267 of the Town Law and Chapter 100(Zoning), Code of the Town of
Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town
Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, March 20, 2003, at the time
noted below(or as soon thereafter as possible):
10:10 a.m. Geraldine N. Barton, Contract Vendee (Jane Goeller & Others, Owners) #5285 — Applicant
requests a Variance under Section 100-30A.3 based on the Building Department's November 8, 2002 Notice of
Disapproval. Applicant proposes a new dwelling at less than 50 feet from the front lot line, at 5295 Nassau Point Road,
Cutchogue; Parcel 1000-111-9-13.
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. Files are available for review during regular business hours. If you have questions,
please do not hesitate to call (631) 765-1809.
Dated: February 25,2003. Lydia A.Tortora, Chairwoman
Board of Appeals
•
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: November 8, 2002
TO: Mark Schwartz A/C Goeller )()),26-,/;>.
PO Box 933
Cutchogue,NY 11935
Please take notice that your application dated November 8, 2002
For permit to construct a single family dwelling at
Location of property 5295 Nassau Point Road, Cutchogue,NY
County Tax Map No. 1000 - Section 111 Block 9 Lot 13
Is returned herewith and disapproved on the following grounds:
The proposed construction on, on this conforming, 52,533 square foot lot with two front yards, in the
R-40 Zone,is not permitted pursuant to Article IIIA, 100-30A.3,which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low-Density Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule,with the same force and effect
as if such regulations were set forth herein in full."
Bulk Schedule requires a minimum front yard setback of 50 feet. The survey of construction indicates
a front yard setback of 15 feet.
Autho • . Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file,Z.B.A.
TOWN OF SOUTHOLD BUILDINCIT APPLICATION CHECKLIST
lVILDING DEPARTMENT • , , Dorg1116e or need the following,before applying?
TOWN HALL Board of Health
SOUTHOLD,,NY 11971 3 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
www. northfork.net/Southold/ PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees
Examined ,20 Contact: MAK wm ye-
Approved ,20 Mail to: 1'0 6a r 9 3 ?j
Disapproved a/c Corr lira c, //93s'
Phone: 734 —
Expiration ,20
Building Inspector
APPLICATION FOR BUILDING PERMIT
`i Date
1i(05/0 2.— , 20
INSTRUCTIONS
Phis aplification MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and 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 until the Building Inspector
issues a Certificate of Occupancy.
f. Every buildmg 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 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 re: at-ens, and to admit
authorized inspectors on premises and in building for necessary inspections.
Ifs
( ignature o appli :sif or name,if a corporation)
Po 150/ y3, C(4- iy-Re,r,e ivy
(Mailmg address of applicant)
//1) .r/9
State whether applicant is owner, lessee, a ent, archite , engineer, general contractor, electrician, plumber or builder
Name of owner of premises G724E-L L
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate 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: .
52. 7 1/4-.S141, 7-a/tir e C,c,lz t/a� v House Number Street Hamlet
tv,Tax Map No. 1000 Section / I / Block Lot l 3
Filed Map No. Lot
(Name)
/-J
2. State existing use and occupan 01 premises and intended use and occupan ., of proposed construction:
a. Existing use and occupancy VA-G4 /v i- L /4- '
b. Intended use and occupancy N ' /1/ a s l b&:-ry C
3. Nature of work(check which applicable : New Buildin: ✓ Addition Alteration
Repair Removal !emo ' '•n _Other Work
(Description)
4. Estimated Cost Fee
(To be paid on filing this application)
5. If dwelling,number of dwelling units Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
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 56 f U4 Reay Depth
Height Number of Stories
9. Size of lot: Front Rear Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated F1---0
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
13. Will lot be re-graded? YES X NO Will excess fill be removed from premises? YES NO K
14. Names of Owner of premises ?de-GL IC._ Address Phone No.
Name of Architect Address Phone No
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X NO
* 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
* 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 � /
Mm C(/,' 1-7-- being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract)above named,
(S)He is the
(Contractor,Agent, 'orporate 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 ///'0
8 -day of Ata/ 20 O Z
/ /' ,
-`46-7.cay,;-_,,i roc—, / r r
NotaryPublic Signature of A replicant
LINDA J.COOPER
Notary Public,State of New York
No.4e22ae�p3,Suffolk Coun.,ty_ /
Man El:j-.fires Dec(1-noG3 Si.�. ' :_c,02--.
APPLICpN TO THE SOUTHOLD TOWN Bt711PRD
OF APPEALS
For Office Use Only 0..11 b/D
Fee: $ 64)4, Filed By.ied /,J _ 6 , Date Assigned/Assignment No. 5-.��
0
5-1
Office Notes:
Parcel Location: House No.5295 Street Nassau mint Read Hamlet atchague
SCTM 1000 Section 111'Block 9 Lot(s) 13 Lot Size 1.0 a Zone District R-40
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: Navarber 8, '2002
Applicant/0r(s): Geraldine N. Darton, Cbnbract Vendee
Mailing 139 Hanpboa Road, Gari City, NY 11530
Address:
Telephone: (516) 746-2543
NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc.
Authorized Representative: J. Kevin Mlatxlhlin, Esq.
Address: Winds Way Professional.0anter, 44210 Rt. 48, P.O. Eton 1210, Southold, NY 11971
Telephone: (631) 765-6085
Please specify who you wish correspondence to be mailed to, from the above listed names:
❑ Applicant/Owner(s) VAuthorized Representative 0 Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED I rler 8' 2002
FOR:
MCBuiiding Permit
❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy
❑ Change of Use
❑ Permit for As-Built Construction
0
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and d paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article IIIA Section 100-30 Subsection A.3
Type of Appeal. An Appeal is made for:
g 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 0 ha•'*44 has not been made with respect to this property UNDER Appeal
No. Year
J
• 1
41111 41141
. , ‘ ,
- . ,
__.
• --) ..
Page 2 of 3 - Appeal Application
Part A: AREA VARIANCE REASONS (attach extra sheet as needed):
(1) An undesirable change Will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties, if granted, because: this is a residential neighbarYcod of single-fandly
dwellings similar in scope to the proposed cr strueticn. 'The variance fran the 50' front yard a t ado frau Little Pe roc
Bay Road, as shown an the attact ed survey, is in reality�a mthack franca footpath used by the hammers association to �,
gain access
s M ie enefit so� EbT
y nie��applicanf LANNOT be achievedby som meth d feasiblef o the fes;
applicant to pursue, other than an area variance, because:it is the mininun necessary to properly site
the proposed single-family dwelling cn the subject pranims because of the existence of encroachnots frau lot 34 of a
building and a cnriete wall of up to 23' 5". 11h:re a=cath ents significantly restrict the width of the property.
(3) The amount of relief requested is not substantial because: it is the nilnimm necisary to properly
site the proposed dwellirxl an the subject prenises and will result in an actual setback fran the nearest lot (Lot 36) of
40'.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because: tierex }}� frau the f..r•sth will result in
a single-family dwelling beingaalstrtnted ix) closer than 40' from the nearest rl*le lot (lot
(5) Has the variance been self-created? ( ) Yes, or (X ) No. If not, is the construction
existing, as built? (X ) Yes, or ( ) No.
(but ally as to the enroe hirxlstructures, as shown an the attached survey, the 3
(6) Additional informa on a ou a surroun ing topography and buprotases ilding areas at relate to
the difficulty In meeting the code requirements: (attach extra sheet as needed)
As set forth above, the width of the subject lot is significantly restricted by the existing en:mad-rents
frau adjaaart lot 34. Additionally, a 11�', setback frau the taper street (actually a footpath) would result
in m ti mt-nna Fcing ric=er film 40' faah from ii-r1 tpanxF int: (Tut 'moi).
This is the MINIMUM that is necessary and adequate, and at the same time preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box and complete PART B, Qu-s •ns •n ne • •ge >• ap•ly USE VARIANCE
STANDARDS. (Please consult your attorney.) et erwis- 'I . ,•ro -d ,i), the si•nature and
notary area below. Will-
��`4V
Signa u e of Appellant or Authorized Agent
Sworn to before me this (Age must submit Authorization from Owner)
/0
y1ti
of- r... ., 200?
1'n
(Notary •
Public)
currently inproved by steps and landings, which would prohibit vehicular use of this footpath. In addition to the
proposed 15' setback fran said footpath, by adding the 25' width of the footpath, the setback ZBA App 9/30/02
frau the nearest lot (lot 36) would be 40'.
LYNDA M.BOHN
NOTARY PUBLIC,State of New York
No.01B06020932
Oualifled in Suffolk County
Term Expires March 8,20
' M1110
PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Applicant(s) GERAD N. PARICN
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: 40' x 40' and 70' x 30' (see attached survey)
Square footage: 4410 sq. ft for house 3150 sq. ft. for pool & terrane
Height: 35'
III. Purpose and use of new construction requested in this application:calstrupt a ma-family dhaellirtj
and swinmirrj pool on the subject prardses, as sham cn the atter survey
IV Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):enorcadment,s frau adjoining Iot 34, as sham az the attached
survey and additicnally the actual use of Little Reoanic Bay Road as a pedestrian footpath and
not as a vehicular road.
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. •
•
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OWNER STREET (--�;. VILLAGE DISTRICT SUB. LOT
FORMER OWNER N E ACREAGE
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� tG, 1*.F 4t- 4 e�� S W TYPE OF BUILDING
RES.J/ SEAS. 'VL. ~% FARM 1 COMM. IND. CB. MISC.
ID IMP. TOTAL DATE REMARKS 5--- /9 ��eex/ W=`ff.6 4 ,.,c 1 ,).ee ci
//� '' j / 1 _ -)t /• /y.. . , r,� -L.2,37-6- e,�•
.','hl 3 P l� ! ‘7.) 0 / 4,124s 0 WI y5-34 F-+ 348\ C/..•) ''Gn c,p '- .
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AGE BUILDING CONDITION , cq 57_LIIa( 7DS_Z. igox � P. caytr- 01-5 _ "VA.,—
NEW
C,NEW NORMAL BELOW ABOVE/4. q :__ a g_ • 1 S-,,d, & , ,r464 adcir _ Ai,
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Farm Acre Value Per Acre Value2A-79 - L 198-) !,,:i 4,-7,4)- 1,6?
Ti( ; 1 •
Tillable 2
Tillable, 3
Woodland
Swampland
Brushtand
House Plot
N
M. Bldg. Foundation I Bath
Extension Basement Floors
Extension Ext. Walls Interior Finish
Extension Fire Place Heat
Porch Attic
Porch Rooms 1st Floor
Breezeway Patio Rooms 2nd Floor
Garage Driveway
0. B. y !16 4s-e_ /0 4
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if -SURVEY OF FROFERP"V N 1 1
LOT 35 AS SHOWN ON • y • I
"AMENDED MAP A OF NASSAU ,POINT" `� ' �. W E 1
FILED AUGUST 16, IG22 AS-FILE # 156
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SITUATE: NASSAU POINT
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TOWN: SOUTHOLD L®�, �� ��'+ `oonorete \ � , I � ,
IiG wQter j dr tvewoy • \\ �11111111� O, \ \ \ \ ^ +1 1 j I 1 I 11 / ' 1
SUFFOLK COUNTY, Ni' pub t`\ v, 44.$ \ I ! I
SURVEYED 09-IG-02, �1 Q'1 ri 3 \ I I 1 / 1 —
TOPOGRAPHIG DATA ADDED II-18-02 5. 2 Story i+ •
\ wolf I I III 1 ! I 1 I i , I (/1
prop. hse. 12-IG-02, rev. OI-O�-03, I Frame o', oonore e ),, ' I I ! ! I I ! ! II I I III Q
rev. 02-24-03
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SUFFOLK COUNTY TAX Garage ° > 0 �0 I ! II ! 1 II II hi I I I I I o —fie
1000-111-a-13 036'2011E ,\ , I fl�W / I I ���/ ', I.I ! ! 1 II M , 1I I - V
N7 g / / .1 i / ! p •� / / / a / III ` ! I ! !SIS� AINIr+c, - -- -iutility Ptd / -- ./ 1 1 / / / I/ / I ` `')', 1 �1ri-iEg7 Firac
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- _ — _ _ ji igivi / ; -7 ) , , —
°ter / ,e^opos Pl / // > > + / > > / �i 'i // /o A d , I19') �2- / /; / proosers \ oI1 , IIliIIIII Ibo
y o �` Z / > — — ^L7ous / / House / .,'e 1 1 ! o \ \ Q I I I I ! !: / i
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CERIUM TO: a � o 0 / /(pe / — � y / `'° coo N m� / Bios o I 1 1 ° I 1`'11 \ °\a a> y\\\� \\ t1 1
•
cs.
Jane Goeller h� - - - - prome o h° / o w \\\\'
Robert Goeller,Jr. 00 m l ! / O Note - / s,ttzg > 1 > o�+ / / / p y11 1 11 1
Robert Goeller,HI = 3 ! o I / / > °,2d) > I gi a' / / / 16 m m p ., \,. -61\-6-\\\,
\\\\' I
James Goeller !! ° ! I / , 1 ' ro I I �j a 1 ,, -- Nb
John Goeller ! La } I 813 — — _ > v i, > II\)( / l m 1 r
Kirkpatrick
�� Nio� timb
Patricia Ck ! m I 116' / - garage, e i > > ' / ��_--- "'', ° / {I'
! \ \ 1\ �t,,1\\ \\ 'r n 1'(I Ill ` 1
Elizabeth Thtone 9 ! 1'1
_ �R __1 -_loam _ ___I__ - �/ / 1 \ \\\\ u ( '1
I
fl I 1 ! I - r --- � �i > > 1 ��� I \\\ wood steps t
® uNi Iq I < ! ! I 1 \ lit �j
- ---- / / I�11��I11 1 and landings Oh +
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NOTES:
p i,tkg Lode al Practice for Lontl$vrvey>000pted
aJ the Nen York 5tcte A>,ocbcbn of Prole,>lcnol
Lantl,krvayan 5oltl cer[lllcotbne sroll run only
• MONUMENT �� 17 pbehal I ho11 the wrvey prepored
� and on hl>behalf to the title compmu cpverrsron-
® LOT COVERAGES a e d la a m,tlwtb listed Breen and
O PIPE �the of lending ln,tlwticn JOHN tbre ore noe vunrerwle ee odd%tbnol m,"wuoM,
ELEVATIONS REFERENCE NGVD'2G I
PROPOSED PORCHES 568 SF OR I:% C. EHLERS LAND SURVEYOR
AREA = 43,460 SF OR O.GG ACRES ENCROACHING GARAGE 343 SF OR 0-1% 6 EAST MAIN STREET N.Y.S.LIC.NO.50202
GRAPHIC SCALE 1"= 30'
MI MI _ 'TOTAL LOT COVERAGE 5,128 5F OR 13.1% RIVERHEAD,N.Y. 11901
369-8288 Fax 369-8287 REF.-\\Hp server\d\PROS\01-118F.pro
. .
-
APPEALS BOARD MEMBERS ��of°,oFF04x
�4, ® ; Southold Town Hall
Lydia A. Tortora, Chairwoman , ® 53095 Main Road
Gerard P. Goehringer ; wa P.O. Box 1179
George Horning Southold,New York 11971-0959
Ruth D. Oliva =#4'® 40.01 1 ZBA Fax(631)765-9064
Vincent Orlando =.'` s" Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
AbDe-,ud u���
RECEIVED ¢
June 6, 2003 :SD
irfil
JUN 1 0 2003
,1
J. Kevin McLaughlin, Esq.
44210 Rt. 48 ;4thold Town Clerk
P.O. Box 1210
Southold, NY 11971
Re: Appl. No. 5285 — 111-9-13 (Barton)
Dear Mr. McLaughlin:
This will confirm that the setback from the southerly lot line should be at a
"minimum" 10 ft. setback rather than a "required" 10 feet. Therefore, a setback
proposed at a distance greater than 10 feet should be permitted for building
purposes.
We are furnishing a copy of this letter to the Building Department, and the
original will be filed with the Office of the Town Clerk for permanent record-keeping
purposes and attached to the original Findings and Determination under Appeal
No. 5285 — Geraldine N. Barton/111-9-13.
Thank you.
Sincerely yours,
/ r
f Ii
L DIA A. TORTORA
CHAIRWOMAN
Also to:
ZBA Members
Town Clerk (for filing)
Building Department (copy)
�j�1�, APPEALS BOARD MEMBERS -' �,�'i�OSVFF0��C
'V �• O 0G Southold Town Hall
�e� 4Lydia A.Tortora, Chairwoman c 'y� 53095 Main Road
Gerard P. Goehringer 11:-
2 ; P.O. Box 1179
George Horning �;O .F 0 Southold,New York 11971-0959
y O��'1 ZBA Fax(631)765-9064
Ruth D. Oliva ;� ) #„116.
1/ Vincent Orlando = 1 * Telephone(631)765-1809
45 """"'.,� http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
June 6, 2003
"J. Kevin McLaughlin, Esq.
44210 Rt. 48
P.O. Box 1210
Southold, NY 11971 .
Re: Appl. No. 5285 — 111-9-13 (Barton)
Dear Mr. McLaughlin:
This will confirm that the setback from the southerly lot line should be at a
"minimum" 10 ft. setback rather than a "required" 10 feet. Therefore, a setback
proposed at a distance greater than 10 feet should be permitted for building
purposes.
We are furnishing a copy of this letter to the Building Department, and the
original will be filed with the Office of the Town Clerk for permanent record-keeping
purposes and attached to the original Findings and Determination under Appeal
No. 5285 — Geraldine N. Barton/111-9-13.
Thank you.
Sincerely yours,
L DIA A. TORTORA
CHAI RWOMAN
Also to:
ZBA Members
Town Clerk (for filing)
Building Department (copy)
• '
APPEALS BOARD MEMBERS ,I�,�Oir$OFFOtt
��,`y. Gy Southold Town Hall
Lydia A.Tortora, Chairwoman ; c ; 53095 Main Road
Gerard P. Goehringer ; y Z ; P.O.Box 1179
George Homing V46 .Pra 0 Southold,New York 11971-0959
Ruth D. Oliva =y?,0 a0-ei° ZBA Fax(631)765-9064
Vincent Orlando =.1 * ',,'" Telephone(631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
June 6, 2003
J. Kevin McLaughlin, Esq. .
44210 Rt. 48
P.O. Box 1210
Southold, NY 11971
Re: Appl. No. 5285 — 111-9-13 (Barton)
Dear Mr. McLaughlin:
This will confirm that the setback from the southerly lot line should be at a
"minimum" 10 ft. setback rather than a "required" 10 feet. Therefore, a setback
proposed at a distance greater than 10 feet should be permitted for building
purposes.
We are furnishing a copy of this letter to the Building Department, and the
original will be filed with the Office of the Town Clerk for permanent record-keeping
purposes and attached to the original Findings and Determination under Appeal
No. 5285 — Geraldine N. Barton/111-9-13.
Thank you.
Sincerely yours,
LYDIA A. TORTORA
CHAIRWOMAN
Also to:
ZBA Members
Town Clerk (for filing)
Building Department (copy)
I.KEVIN MCLAUGHLIN _�
Attorney At Law
6.7/
i G%�,U—" Winds Way Professional Center
44210 Rt.48,P.O.Box 1210
Southold,New York 11971
Telephone(631 -6):5
Facsimile(631)765-18 6
May 30, 2003
Board of Appeals
Town of Southold • rte
Southold Town Hall ►/z
53095 Main Road �.
Southold, NY 11971 NI, d } 1.
— q 0023
Re: Appl. No. 5285Geraldine N. Barton yyg� 003
i. 'Jr APP
Dear Members of the Board: •'--,• op acs
ofilztp
SkS
I have enclosed a copy of your decision in the above-referenced matter dated April 11,
2003.
My client has applied to the Southold Town Building Department for a building permit.
The Building Department has taken the position that the area variance granted requires that the
proposed residence be sited with a 10 foot setback from the southerly lot line. My client would
prefer to site the residence 15 feet from the southerly lot line, pursuant to the original
application.
It was always our understanding that the variance granted by your Board set the
minimum setback requirement, not the required setback. The proposed location of the residence
would actually place the structure in a more central location on the property thereby minimizing
the effect on both neighboring properties.
Request is hereby made for a clarification of your decision stating that the relief granted
sets forth the minimum setback requirement, not the required setback. Thank you for your
anticipated cooperation in this regard.
Ve t•u y.ur.
, , . I
m,. r rhi4A'. r��... in
Hand Delivered
:a QFFO�
APPEALS BOARD MEMBERS �'NQS �C
O oGy Southold Town Hall
Lydia A. Tortora, Chairwoman ; c 53095 Main Road
Gerard P. Goehringer ; y i ; P.O. Box 1179
George Homing
O P'' Southold,New York 11971-0959
Ruth D. Oliva /4:00 ZBA ZBA Fax(631) 765-9064 63
Vincent Orlando 1 �;.•'' Telephone 1 765-1809
http://southoldPARVE1Drk.
BOARD OF APPEALS /:5-5 /2/4
TOWN OF SOUTHOLD APR 1 4 2003
FINDINGS, DELIBERATIONS AND DETERMINATION 2,24f41
MEETING OF APRIL 3, 2003 -'
Southold Town Clerk
Appl. No. 5285 - Geraldine N. Barton, Contract Vendee (Goeller & Others, Owners)
Location of Property: 5295 Nassau Point Road, Cutchogue; Parcel 1000-111-9-13.
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 43,460 sq. ft. parcel has 125:25 ft.
frontage along the east,side of Nassau Point Road and is vacant, except that there is a
343 sq. ft. encroachment of the neighbor's garage building in the northerly yard area.
BASIS OF APPLICATION: Building Department's November 8, 2002 Notice of
Disapproval, citing Section 100-30A.3, in its denial of a building permit to construct a
new dwelling at less than 50 feet from the front lot line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on March 20,
2003, 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: Applicant wishes to construct a dwelling at
15 ft. from the southerly property line instead of the minimum 50 ft. front yard setback.
The remaining setbacks are shown on the survey map prepared by John C. Ehlers, L.S.
dated 9-19-02, revised 2-24-03, with setbacks of 20 ft. from the northerly property and
88 ft. from the westerly4-front lot line. The setback of the dwelling is also shown at less
than 15 feet from a proposed "retaining wall" on the south side, its closest point.
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 area variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The applicant proposes to
construct a moderately sized single-family dwelling on their one-acre lot, which would
have a total coverage of approximately 13% of the lot area. The variance requested is
for a 15 ft. front yard setback facing Little Peconic Bay Road, which is only used as a
footpath and not used for vehicular traffic. The garage on the south side facing Nassau
"•' Page 2—April 3,2003
Appl. No. 5285—Barton(Goeller&Others)
111-9-13 at Cutchogue
Point Road is proposed with a conforming setback of 88 feet from the front lot line, and
the northeast corner of the house facing Little Peconic Bay is proposed with a
conforming setback of 140 feet from the existing timber bulkhead.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. The proposed new dwelling is
actually 40 feet from the adjacent property owner. The dilemma here is a paper road on
the south side of the property line, which will remain a footpath to access the
Association's beach.
3. The requested relief is substantial. since the existing code requirement for a front yard
setback is 50 feet and the applicant is requesting a 35 ft. reduction from this
requirement.
4. The difficulty is self-created. The applicant wishes to construct a new house on a
vacant lot which has two front yards.
5. The depression in the topography of the land in the southerly yard area, at the
requested front yard setback area, has been raised and it was offered as a resolution to
this issued that the dwelling be shifted to allow for a 10 feet from the southerly lot line
instead of 15 feet. No information or evidence has been submitted to suggest an
adverse impact on physical or environmental conditions in the neighborhood.
6. Grant of the requested variance is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of a new dwelling, 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 above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Goehringer, seconded by Member Oliva, and duly carried, to
DENY the 15 ft. setback from the southerly lot line at its closest point, and to
ALTERNATIVELY GRANT a required setback of 10 feet from the southerly lot
line, witty-the following CONDITIONS:
Continued maintenance of a natural screening of 6 ft. or 8 ft. high evergreens
running the east-west length of the house on the north property line; the Board
reserves the right to review the screening, when completed.
•
r ' , Page 3—April 3,2003 -
Appl. No. 5285—Barton (Goeller&Others)
111-9-13 at Cutchogue
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and
Orlando. (Absent was Member Horning of Fishers Island.) Th. '=-- 'on was duly
adopted (4-0).
Lydia A. o ra, Chairwoman —Approved for Filing
4/ /7 /03
.,74
APPEALS BOARD MEMBERS •°o0ff WOO(c
�0\' ®G �� Southold Town Hall
Lydia A. Tortora, Chairwoman t
® y�e 53095 Main Road
Gerard P. Goehringer ; y Z ; P.O. Box 1179
George Horning
O .Pr, Southold,New York 11971-0959
Ruth D. Oliva ‘-_4*0 a0�'.0 ZBA Fax(631)765-9064
Vincent Orlando =_l * ;s-'� Telephone(631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
April 15, 2003
J. Kevin McLaughlin, Esq.
44210 Rt. 48
P.O. Box 1210
Southold, NY 11971
Re: Appl. No. 5285 — Geraldine N. Barton/Goeller & Ors —Variance Determination
Dear Mr. McLaughlin:
Enclosed please find a copy of the Board's determination regarding the
above referenced application for a zoning variance.
Please be sure to follow-up with the Building Department for the next step in
the zoning review and application process. Before commencing construction
activities, a building permit and possibly other agency approvals are necessary. An
extra copy of this determination should be made available (if requested) at the
Building Department when submitting final drawings and any other- required
documentation. This will assist their office during final reviews.
Thank you.
Very truly yours,
Linda Kowalski
Enclosure
Extra Copy on 4/15/03 to:
Building Department
April 16, 2003
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. O. 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. — 5285 — Geraldine N. Barton
Action Requested: New dwelling front yard setback
Within 500 feet of: ( ) State or County Road
( x ) 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
KUiH letUiiILIU �r 101 Imo61\ Attorney
�� �'� �'` Winds lay Professional Center
�" n 44210 Rt.48,P.O.Box 1210
eitc,,
Southold,New York 11971
r%.T ',.-1,Telephone(631)765-6085
1, , ) '' ' csmule(63I)765-1856
r \\
/
x.0)\0 March 21, 2003
Southold Town Zoning Board of Appeals
53095 Main Road
P.O. Box 1179
Southold,`New York 11971
Re: Area Variance Application No. 5285 for Geraldine N. Barton
Premises: 5295 Nassau Point Road, Cutchogue, NY
Dear Chairperson and Members of the Board:
Upon return to me office after the public hearing held yesterday on the above-referenced
application, I received a fax copy of Gail Wickham's letter to you, a copy of which is enclosed
herewith.
My client's application was for a variance allowing her residence to be located 15'from
the right of way known as Little Peconic Bay Road, which runs along the southerly boundary of
the subject premises. Gail ' ickham's client owns Lot 34,which abuts the subject parcel to the
north and whose two story frame garage encroaches up to 13 feet onto the subject premises.
Her clients, the Baxters are in favor of the proposed residence on the subject premises being
moved even closer to the right of way in order to gain additional separation between their
existing building and our proposed residence. My client has absolutely no objection to this idea
and, if fact, would be more than happy to have a reduced setback of as little as 5 feet from.said
right of way.
However, my client does not wish to delay any decision from this Board and respectfully-
requests as expeditious a decision as possible. Thank you for your courtesies in this regard.
0
Ve , i; •u
illt. I ,-.4‘41116.-.
cLaughiin
Enc.
MAR-20-2003 09:22A FROM: TO:7651856 F:2'2
I,. le
LAW OFFICES •
WICK11AM, BRFSSLER, GORDON & GF.ASA P C.
13015 MAIN RC)AL), P.O DUX 1424
WTI.T.c.IAM WTCKITAM I(14-U2.) MATTITUCK,1.ON(; NAND MELVti.l.I t)FP1('L
ERIC I.BRESSLER NEW YORK I I 0.52 27$BROAD HOLLOW 1t[)
ABIGAIL A.WICKHAM stink; 111
---- MELVliJ.l;, N.Y. 11747
1.YNNU M CORDON 631.298-$353 - -
JANET MASA TELEFAX NO.631-298-13563 631-249-9480
FAX NO 631-249.9454
March 20,2003
Town of Southold Zoning Board of Appeals
53095 Main Road
Post Office Box 1179
Southold,New York 11971
Re: Barton(Cacller)
Premises: Nassau Point Road, Caitchogue,NY
SCTM1000-111-9-13 (Lot 35, Nassau Point Map)
Ladies and Gentlemen; '
This is to advise that William J. Baxter, Jr. and Patricia Baxter, who own Lot 34,
containing their residence (noted as"garage"rm the Barton survey and extending onto
Lot 35) , would 6e in favor of a reduced"front"yard along the right of way in order to
enable the proposed residence to be moved further southward to a greater distance from
their residence.
To clarify the title, the Baxter family originally acquired Lots 32 to 35. The original
residence, owned by the Estate of Beatrice Baxter, is ideated on Lois 32 and 33 (Tax T.ot
l 1), William and Patricia Baxter own Lot 34, on which their residence is located, Mr,
Baxter's sister,Jane Crueller, and her family, own Lot 35, the lot which is the subject of
this application. Lut 34 is single and separate from Lots 32/33, ahe Baxter's residence
is the principal building on Lot 34, It is not accessory to the original residence on Lots
32/33.
Very truly yours,
r
, ,./ 7g441 .
/
r
Abigail A. Wickham
,4.4W/!b ,
3O1/vhci ha
J.KEVIN MCLAUGHLIN
Attorney At Law
Winds Way Professional Center
44210 Rt.48,P.O.Box 1210
1 Southold,New York 11971
Telephone(631)765-6085
Facsimile(631)765-1856
March 19, 2003
Southold Town Zoning Board of Appeals
Southold Town Hall
53095 Main Road
Southold, New York 11971
Re: Area Variance Application No. 5285 for Geraldine N. Barton
Premises: 5295 Nassau Point Road, Cutchogue, NY(SCTM#1000-111-9-13)
Dear Chairperson and Members of the Board:
I represent Geraldine N. Barton, contract vendee, regarding the above-referenced
premises. My client seeks to purchase the subject premises in order to construct a one-family
dwelling thereon. The subject premises is Lot 35 as shown on "Amended Map A of Nassau
Point"filed in the Suffolk County Clerk's Office on August 16, 1922 as Map No. 156. The tot
consists of 43,460 sq.ft. or 0.99 acre and contains three frame out buildings,which will be
removed and a portion of a two story frame garage, which encroaches up to 13 feet onto the
subject premises from adjoining Lot 34. This encroachment will remain. The premises are also
presently improved by a timber bulkhead along its entire easterly terminus with Little Peconic
Bay.
The lot has a width of approximately 125 feet and is bordered on the west by Nassau
Point Road and on the south by a paper street known as Little Peconic Bay Road,which is 25
feet in width. In fact, Little Peconic Bay Road,as it borders the subject premises on the south,
consists of a pedestrian right of way for access to a set of wood steps and landings at its
easterly terminus giving access to Little Peconic Bay. It is as a result of this pedestrian footpath
that we need to seek the instant area variance from the 50 foot set back required by the zoning
ordinance.
In reviewing an application for an area variance, a zoning board of appeals must
consider the following factors: 1)whether an undesirable change will be produced in the
character of the neighborhood or a detriment to nearby properties, if the area variance is
granted; 2)whether the benefit sought by the applicant can be achieved by some method
feasible to pursue, other than an area variance; 3)whether the amount of relief requested is
substantial; 4)whether the variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district; and 5)whether the variance has been
self-created. I will address each of these criteria below.
Undesirable Change in the Character of the Neighborhood:
The applicant simply seeks to construct a moderately sized one-family dwelling on this
one acre lot. The total lot coverage would be 13.196%, well below the allowable 20%.The
neighborhood consists entirely of single-family residences, generally of substantially equivalent
size or larger than the applicant's proposed residence. The applicant has obtained all of the
necessary permits from other agencies, including the Southold Town Trustees.The only
variance that is necessary in order to obtain a building permit is from the 50 foot setback
requirement from Little Peconic Bay Road as imposed by the Southold Town Zoning Ordinance
(Section 100-30A.3). As set forth above,this paper street is actually used solely as a pedestrian
footpath to wood steps and landings that provide community access to Little Peconic Bay. It has
never been used for vehicular traffic and is not improved in any way. The lot on the other side of
this pedestrian footpath (Lot No. 36) is improved by a one-family dwelling, which is located 15
feet from said footpath, as shown on the applicant's survey submitted as part of this application.
The nearest portion of the applicant's proposed house would also be 15 feet from the footpath,
resulting in a total distance to Lot 36 of 40 feet and a total distance to the house located on Lot
36 of 55 feet.
The Relief Sought Cannot Be Achieved By Some Other Feasible Method:
The subject lot is 125 feet in width. According to the zoning ordinance, it has two front
yards, along Nassau Point Road and along the footpath known as Little Peconic Bay Road.The
front yard setback requirement is 50 feet. On the opposite side of this lot is a two-story garage,
which encroaches up to 13 feet onto the subject premises and a concrete wall, which
encroaches at least 20 feet onto the subject premises. These encroachments must remain, as
they are an integral part of the improvements on adjoining Lot 34. As a result, the remaining
building area is severely restricted.As this is waterfront property, it is essential to situate the
house so that it faces the water. The applicant seeks to construct a moderately sized house,
which will result in a lot coverage of only about 13%. As a result of the relatively narrow lot and
the two front yards, the applicant has no other feasible method to achieve the relief sought by
this variance application.
The Amount of Relief Requested Is Not Substantial:
While technically speaking the amount of the relief requested is from a 50 foot front yard
setback to a 15 foot setback in not insubstantial,the realties of the situation make it the
minimum necessary to properly site the proposed dwelling on the subject premises. Additionally,
the zoning ordinance requirement for a 50 foot front yard setback should not be applicable to
the instant application. The paper street known as Little Peconic Bay Road is in fact a
pedestrian footpath used only to gain access to the beach by foot. It has never been used as
anything else, and as a result of the construction of the steps and landings at the easterly
terminus thereof, could never be used for vehicular traffic. The technical requirement for a 50
foot setback from this pedestrian footpath should not be rigidly enforced.The footpath acts as
an additional buffer to neighboring Lot 36, resulting in a total distance of 40 feet to that lot from
the proposed house and a total distance of 55 feet to the house on Lot 36.
The Variance Will Not Have An Adverse Impact on the Physical or Environmental Conditions in
the Neighborhood or District:
The requested variance will simply allow for the proper siting on the subject waterfront
premises of a moderately sized single-family residence. The area consists entirely of one-family
residences of substantially equivalent or greater size than the applicant's proposed residence.
The only reason why a variance is required is that there are technically two front yards. Taken
together with the existing encroachments, which must remain,the width of the lot is significantly
restricted and virtually requires the proposed dwelling to be situated as planned. The actual
result will be a total distance of 40 feet to Lot 36. The dwelling on said Lot 36 is also located 15
feet from the pedestrian footpath.
Has the Variance Been Self-Created?:
The structures encroaching on the subject premises from adjoining Lot 34 has existed
for a substantial period of time.The applicant is the contract vendee of the subject premises and
the contract of sale is contingent upon obtaining any and all required permits, authorizations,
variances, etc. A copy of the Contract of Sale herein has been provided to the Southold Town
Zoning Board of Appeals.
The Requested Variance Is The Minimum Necessary:
As set forth above, the subject lot is 125 feet in width, with encroachments of up to 20
feet and a 50 foot front yard setback requirement from the pedestrian footpath known as Little
Peconic Bay Road. The result is an extremely restricted lot width. Without the requested front
yard setback variance from the pedestrian footpath, there is no feasible method for
appropriately siting the proposed house on the subject premises. The proposed house is
moderately sized and is no larger than most houses in the area. The granting of the requested
variance will not produce any undesirable change in the neighborhood or be a detriment to
nearby properties.
For all of the reasons stated above, it is respectfully submitted that the instant area
variance application should be granted in all respects and that the requested 15 foot front yard
setback from the pedestrian footpath known as Little Peconic Bay Road should be allowed.
e tru s
Ke �4*. L
4.
l 40\7P ,d'cwieLiA
IN �o LAW OFFICES
WICKHAM, BRESSLER, GORDON & GEASA P.C.
13015 MAIN ROAD, P.O.BOX 1424
WILLLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND MELVILLE OFFICE
ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD
ABIGAIL A.WICKHAM SUITE 111
---- MELVILLE, N.Y. 11747
LYNNE M.GORDON 631-298-8353 ----
JANET GEASA TELEFAX NO.631-298-8565 631-249-9480
FAX NO.631-249-9484
March 20, 2003
rA,
Town of Southold Zoning Board of Appeals
MAR 2 0
53095 Main Road 0®5
Post Office Box 1179
Southold,New York 11971
Re: Barton (Goeller)
Premises: Nassau Point Road, Cutchogue,NY
SCTM1000-111-9-13 (Lot 35,Nassau Point Map)
Ladies and Gentlemen:
This is to advise that William J. Baxter, Jr. and Patricia Baxter, who own Lot 34,
containing their residence (noted as "garage" on the Barton survey and extending onto
'Lot 35) , would be in favor of a reduced "front"yard along the right of way in order to
enable the proposed residence to be moved further southward to a greater distance from
their residence.
To clarify the title,the Baxter family originally acquired Lots 32 to 35. The original
residence, owned by the Estate of Beatrice Baxter, is located on Lots 32 and 33 (Tax Lot
11). William and Patricia Baxter own Lot 34, on which their residence is located. Mr.
Baxter's sister, Jane Goeller, and her family, own Lot 35, the lot which is the subject of
this application. Lot 34 is single and separate from Lots 32/33, ahe Baxter's residence
is the principal building on Lot 34. It is not accessory to the original residence on Lots
32/33.
Very truly..yours,
Abigail A. Wickham
AAW/lb
30/shdzba
SURREY OFLOT X35 _ �} y `t =,
"AMENDED MAPA 0,- NASSAU POINT" r' N
FILED AU&UST 16, Ix22 AS FILE # 156 �•. �: ,... r \/ 4/
SITUATE: NASSAU POINT
rs X071xi6 - cS2/Am ,--' ; W ` ` E
TOWN: SOUTHOLD ? ` SU� >a��v _ - i 1
q•'
SUFFOLK COUNTY, NY otic o v _i�_C7;? -3„ h s
SURVEYED 02-2S-OI 1h
SUFFOLK COUNTY TAX # 3 " '
1000-111-1-13 `,
- Lot # 3 344 O , --
2 ort ;, r ::; r 11
Frame Prolpr t 3 , 1\, ct
1
Building l�i lid'I j I\
wa„ corner
with ��� concrete wolf
on We
II ' S Garage � _s_-11,-_E- �� cp
CERTIFIED TO: �, below _ -SgT6lL N
_____\
Lot # 145 ; ,�—�";o
JANE GOELLER r, r^r' , r. o ,20.1e l� o// 7�. —� 0. o r� 1
ROBERT GOELLER, JR 6 ave head budd,ng encrooche>J �• 9 o
ROBERT GOELLER, III I o\ utulties 1 CO
i
JAMES GOELLER z t
,, M90a - - d.e or P,nl PATRICIA KIRKTRIGK iiil ::
ELIZABETH TUTa'` q J �o _
5 y• �,` �, i 00
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- \ survey de prepaee n r L o e,Survey,
rash the to
NOTES: .. . .-. k�Cede of Te t.�e i dM=u ey adopted
/ o io 5®i 6 108- PAW, \ , i dl:no en cork s:So,nssoeroe�en er.rero»wool
•
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MONUMENT f t4LL �t7 P® • 0
t— ♦ Lw►_ 0 11 t0 oger cod f the mst w[ron 1 Sted�krecn cod
O _-- ♦ "/ /.- w we o5seez of the 1eM mst wnon cer[rt�w-
PIPEi P'�.���-__ — 4` IX{l /1 oe s o e noc o-0 .e ec oexec of a Gw[o s
AREA = 43,462 S.F. OR 1.00 ACRES �';,I' C. I ,��� �. 4 . i t SUR f`11 YI,i' lir
' 6 EAST MAIN STREET , N.Y.S.LIC.NO.50202
GRAPHIC SCALE 111.- _40' RIVERHEAD,N.Y. 11901
i NM IN
- 369-8288 Fax 369-8287 - REF.-\\Hp server\d\PROS\01-118a.pro
♦ r 11/0/2002 4.22.03014 vib----W ---"mo ,
SURVEY OF i'ROFER-r. I 1
LOT35 AS SHOWN ON N
"AMENDED MAP A OF NASSAU POINT" I
FILED AUGUST 16, Ic122 AS FILE # 156W G '1 e E
SITUATE: NASSAU POINT
TOWN: SOUTHOLD 11
SUFFOLK COUNTY, NY .
1:
SURVEYED Oq-IG-02,
TOPOGRAPHIC DATA ADDED II-I8-02
SUFFOLK COUNTY TAX WS •
1000-III-q-13
1
CERTIFIED TO: I
concrete 1F 1 I I\
Jane Godlier Lo V # drwewoy \ I r ' ' y►
RobertOwner,�Jr�.( �nrmm� 3 .g0, \ \\ . ' 1 I I r J ct
et
Robert�uoeller,ffi m Q'I d - \\\ �,\ 1 ' I I'i ll r 1 1
James Goeller
151'
a1 •2 Stofy �1 F Goncre a wall /•l 'lel I I I I I I I I I I I 1 r r ill II
Bohm Goeller Frame o •I I I I I l I III I I I It CO
Patricia KirlcpeirnCDC Garage `„ ery / %• Ill IIII III III \ \ 00
Elizabeth 7[tl4omme „ 3, cP/ / ,� r 1 1 1 1 1 1 1 1 1 1 1
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9.) 4'oF Ne Ey L 'hhauthcrlaed aatien er addition to a�� C. 17`e:711.
'�: map bearing a Ilcensad land survayars seal b a
O •`C` \ vlofaticn of section i2G9 sub-d'Nsicn 2 of t1'e
NOTES: 13
4103 "�, ,n ; New York State Edueotlon Law"
• MONUMENT r Cry _ . Gnly capias from tna crigmal of this svrvay
1 , marked with on original of the fond surveyors
,1V" ,,� 14 , , stomped seal shall be considered tc be valid We
• ' .l -� t. L !,' ' copies•
\ 'd,l -Csrtlf lcatlens kmicotad hereon signify[hat W s
O PIPE /+ .; • \11�w� • survey was prepared In occordanca with the ex-
I- I-L w�/ •
i. r :. Wye $ letng Gods of Fractfce for Land Surveys adopted
oy l/Vl ' A OQ I.
Lry the New York State Association of Professional
-IV. ," Lorld�iurveycrs Sold certiflcotlons shall r,m only
��A_ ,� to the persen icr whom the survey Is prepared
ELEVATIONS REFERENCE NGVD'2q s 4' S o tl on his t:ehoif tc the Gtle company g ar 7Z
. 41,6.,„, Si O J Cal agency nd lendng InstlWtlon listed Fergon and
• .\P , to the ossig es cf the lendir'y institution GertiFlco-
LAND S`',0° ons w gfaroble o odditis tit ti
AREA = 43,460 SF OR O.qq ACRES
1(01.1-7" e . i!'[1, I',,.s L "v' '"',., I ) SST k',. 1E,1) 01,1!,:
GRAPHIC, SCALE I"- 40' 6 EAST MAIN STREET N.Y.S.LIC.NO.50202
RIVERHEAD,N.Y. 11901
369-8288 Fax 369-8287 REF.—\\Hp server\d\PROS\01-118E.pro
11/200002 a F0 WO eevenp flasbl-110Eore '
a 03.14
{
1.KEVIN MCLAUGHLIN
Attorney At Law
IrSC Winds Way Professional Center
44210 Rt.48,P.O.Box 1210
Southold,New York 11971
Telephone(631)765-6085
Facsimile(631)765-1856
March 3, 2003
Town of Southold
Zoning Board of Appeals ,(13
53095 Main Road 77
Southold, NY 11971
Re: Application No. 5285 (Geraldine N. Barton, Contract Vendee)
Members of the Board:
I have enclosed seven (7)copies of the survey in the above-referenced application,
showing all of the proposed structures to be constructed on the subject premises.
Very tru - rs,
N
/ /1
Encs.
Hand Delivered
,0
.KI NN MC AUGHLII
Att uey At Law
Winds Way Professional Center
44210 14.48,P.O.Box 1214
Southold,New York 11971
Telephone(631)765-6085
Facsimile(631)765-1856
March 6, 2003
Southold Town Zoning Board of Appeals i
Southold Town l-tall
J 4i
53095 Main Road
Southold, New York I'l97 l111 j MAR — 7 !
11 t,i
Re: Application No. 5295 Geraldine N. Barton, ContrSct Vendeefl
Premises: 5295 Nassau Point Road, Cutchogue, NY .
wags -
Dear Members of the Board:
I have enclosed seven (7)copies of the plan from Briarcliff Landscape in the above-
referenced matter.
Ve I •urs, 0 0
411
- Ig lin
Errs.
trtd Delivered
i • , .
_0
i 1 I
F
.I 14.16-r urn—Text 12 "
PROJECT I.D.NUMBER
I617.21
i
Appendix C
State Environmental Quality SEOF
Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Prolect sponsor)
1. APPUCANT/SPONSOR
MAMIEN. FARIEN I
2. PROJECT NAME cne:--family die1lirg & swinIt17SZJ pp
3. PROJECT LOCATION: for Parb
zn
Municipality Cutdrigue, 'Ibwn of Southold
County Slaffo].k
4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide maps
5295 Nassau Fbirit Red, Cutchogue, NY (TIM#1000-111-9-13) • "
I - •
I _ 5. IS PROPOSED ACTION: -
❑Exoanslon ❑Modlllcallon/alteratlon
6. DESCRIBE PROJECT BRIEFLY: oc.Instn tip of a_family (telling and swimming pool cn the subject premises
•
7. AMOUNT OF LAND AFFECTED: •
Initially 1.0 acres Ultimately 1.0
acres
6. WILL PROPOSED ACTON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑Yes No If No,describe briefly � 1OCc3nc y Red Cyd civelling t _ ahold
Building pool dces
not Treet Depart roquirarl it from Little tic Road s�tbwn
9. WHAT IS PRESENT LAN,�•�D USE IN VICINITY OF PROJECT?
gResidentlal 0Industrial 0 Commercial 0 Agriculture
fa[CO1 9 0 ParWForesUOpen space 0 Olner
Describe: t
y dwellings
10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL
STATE OR LOCAU7
Yes 0 No If yes,list a0ency(sI and permit/approvals Building Fennit frau-Southold Ulan Building Dept.
Approval for sanitary arld water system frau Suffolk anmty Health Dept. Possible ams frau DEC
and Southold 'Ibwn Trustees regarding pfd retaining walls and stain water drainage.
II. DOES ANY ASPECTS4YOF THE A CTI.;N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
0 Yes �:, a If ye:.list agency name and permlUapproval -
•
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOOIFICATION?
❑Yes MCNo
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
W N. t: , .,, v I qII;"': 1 i
Ap011canusponsor na,r•e' �i I''' 1 1c�2
Date.
Sionalure: , , / �, I'
•
II the •ction Is In the Coastal Area, and you are a state agency, complete the
•astal Assessment Form before proceeding With this assessment
•
• • OVER
•
1 - ,
•
I
- , . . - �' .
1
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: November 8, 2002
TO: Mark Schwartz A/C Goeller
PO Box 933
Cutchogue,NY 11935
Please take notice that your application dated November 8, 2002
For permit to construct a single family dwelling at
Location of property 5295 Nassau Point Road, Cutchogue,NY
County Tax Map No. 1000 - Section 111 Block 9 Lot 13
Is returned herewith and disapproved on the following grounds:
The proposed construction on, on this conforming, 52,533 square foot lot with two front yards, in the
R-40 Zone, is not permitted pursuant to Article IIIA, 100-30A.3,which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low-Density Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule,with the same force and effect
as if such regulations were set forth herein in full."
Bulk Schedule requires a minimum front yard setback of 50 feet. T ey • onstruc. on indicates
a front yard setback of 15 feet.
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
I
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A.APPLICATION
A. • Is the subject premises listed on the real estate market for sale?
XXYes ❑No
B. Are there any proposals to change or alter land contours?
IcKYes ❑No Prcricsal to add fill to upland portiai of paroelga ara.of exist n
timber bullhead, so as to reduce the existing erosion to the bluff. Sae attached fill&retain a wall draWirxJ.
C. 1) Are there any areas that contain wetland grasses? N3-
2) Are the wetland areas shown on the map submitted with this application? No
3) Is the property bulk headed between the..wetlands area and the upland building area?
WA
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction?- N/A
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? N (If not applicable, state"n/a")
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? No (If none exist, please state
"none")
F. Do you have any construction taking place at this time concerning your premises? No
If yes, please submit a copy of your building permit and map as approved by the Building
Department If none, please state.
G. Do you or any co-owner also own other land close to this parcel? ND If yes,please explain
where or submit copies of deeds. (Thecurreit owners of the subject predees, however, hEve an
ownership intramt in adjoining Lot 34)
H. Please list present use or operations conducted at this parcel vacant land, EDEept for encraad-nents and
3 accessctrY strtactaares and proposed use a-faml-Y dwelling with swiinninn pool.
4. 1 1 1OO
101(0 (C)
D -
I
utorized Signature and Date
e- • dire N. Bart n, by J. Kevin 1 1 ugh1 ins
• ' =• Representative
rs
el° (21/'t/�i
J.NEM MCiAYYNLIN to @ titG✓
Attorney At Law.
Winds Way Professional Center
442I0 Rt.48,F.O.Box 1210
Southold,New York 11971
Telephone(631)765-6085
Facsimile(631)765-1856
December 10, 2002
Southold Town Board of Appeals
Southold Town Hall
53105 Main Road
Southold, New York 11971
Re: Area Variance Application for Geraldine N. Barton
Premises: 5295 Nassau Point Road, Cutchogue, NY(SCTM#1000-111-9-13)
Dear Mr. Chairman and Members of the Board:
I have enclosed seven sets of the following:Notice of Disapproval,Application for area
variance;Authorization; Project Description;Applicant Transactional Disclosure Form; Short
Environmental Assessment Form; Questionnaire;current survey;current survey with proposed
one-family dwelling with swimming pool; and fill and retaining wall drawing. I have also enclosed
my check in the sum of$400.00 for this application. By copy of this letter, I am simultaneously
hand delivering a copy of the above on the Southold Town Building Department.
The applicant is in the process of having the corners of the new construction staked and
we will supply you with seven copies of photographs showing the same. Please advise me
when the application has been scheduled for a public hearing.
Ve t•ul yo
li,
• 1 4
R).' g to
Encs.
Hand Delivered
cc: Southold Town Building Department
Geraldine N. Barton
12/07/2002 16:19 6317344080 C21AGAWAMALBERTSO PAGE 02
12/06(2002 7:1:14 516765@ r BRZARCL�EF ( PAGE 02/02
1111
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FROM : MarkSchwartz,AIA-Arc httea) PHONE NO. : 6317344185 Dec. 09 2002 02:15PM P1
Mark K. Schwartz, AIA -- Architect, PL LCti
Phone:(631)734-4185
_ . ..
p
P.O.Box X33
Cutchvqitn,New lark 11935 Fax (631)734-4185
FAX TRANSMITTAL
Date; December 09,2002
To: Kevin McLaughlin
Company: J. Kevin McLaughlin,Attorney At Law
Fax number: 631-765-1856
Phone number: 631-765-6085
Re: Goeller to Barton
5295 Nassau Point Road
Cutchogue,New York
(SCTM#1000-111-0943)
From: Mark Schwartz
Pages: 1 (including cover sheet)
Comments:
The survey submitted to the Building Department(by John Ehlers dated 02/28/01 and
altered by me on 11/08/02)indicates the following Schematic Footprint:
House and garage footprint 4410 square feet
• Pool and terrace 3150 square feet
7560 total
7560 is 17.4 % of lot area of 43,462.
Please review and call if you have questions or require additional information.
Brrton7ax
ilio- it
FORMNO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: November 8, 2002
TO: Mark Schwartz A/C Goeller .1,i,y
PO Box 933
Cutchogue,NY 11935
Please take notice that your application dated November 8, 2002
For permit to construct a single family dwelling at
Location of property 5295 Nassau Point Road, Cutchogue,NY
County Tax Map No. 1000 - Section 111 Block 9 Lot 13
Is returned herewith and disapproved on the following grounds:
The proposed construction on, on this conforming, 52,533 square foot lot with two front yards, in the
R-40 Zone, is not permitted pursuant to Article IIIA, 100-30A.3,which states;
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low-Density Residential R-40 District unless the same conforms to the
requirements of the Bulk Schedule and of the Parking Schedule,with the same force and effect
as if such regulations were set forth herein in full."
Bulk Schedule requires a minimum front yard setback of 50 feet. The survey of construction indicates
a front yard setback of 15 feet.
Ade -
0° ,.
V Autho : • Signature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
TOWN OF SOUTHOLD ` BUILDING, MIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you-nave or need the following,before applying?
TOWN HAIL Board of Health
SOUTHOLD,NY 11971 3 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
www. northfork.net/Southold/ PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees
Examined ,20 • Contact: MK S {i J4yeTZ
Approved ,20 Maililnto: PO (ja,r 9 3
V ?j
Disapproved a/c U/'G l Ct v - //95 f
Phone: 734 - 4-/e5-
Expiration
/ `jj 5Expiration ,20
Building Inspector
177 n t1r
• APPLICATION FOR BUILDING PERMIT
Date 1 105/02— , 20
INSTRUCTIONS
i _ a
phis application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and 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 until 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 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 re. lat.•ns, and to admit
authorized inspectors on premises and in building for necessary inspections.
( ignature o appli :i'For name,if a corporation)
eaAr
(Mailing address of applicant) //
State whether applicant is'owner, lessee, a ent, archite , engineer, general contractor, electrician,plumber or builder
Name of owner of premises Gog c L i)
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate 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:
52_ 7 c /14--S. >91-z/ l-0/rvT !2 c,c/lZ t f patV
House Number Street Hamlet
County Tax Map No. 1000 section 11 Block 0 Lot'
Subdivision Filed Map No. Lot
(Name) ,
{
2. State existing use and occupancy w.premises and intended use and occul,u..., of proposed construction:
a. Existing use and occupancy VA-G 1-,t1 't '
b. Intended use and occupancy /ll ' AU K- C F-
3.
3. Nature of work(check which applicable : New Buildin: Addition Alteration
Repair Removal •, ' •sn Other Work
(Description)
4. Estimated Cost Fee
(To be paid on filing this application)
5. If dwelling,number of dwelling units Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
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 se Rear Depth
Height Number of Stories
9.- Size of lot: Front Rear Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated )2--
12.
Does proposed construction violate any zoning law, ordinance or regulation? YES NO
13. Will lot be re-graded?YES X NO Will excess fill be removed from premises?YES NO
14.Names of Owner of premises og..LL Address Phone No.
Name of Architect Address Phone No
Name of Contractor • Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X NO
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
* 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
�!CSC the applicant
�t/f�;�- being duly sworn, deposes and says that(s)he is h pp
(Name of individual signing contract)above named,
(S)He is the
(Contractor,Agent, 'orporate 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
//J.
0 day of /V O 20 o Z /
r
ae.-VNotary ublic Signature of Applicant
LINDA J.COOPER
Notary Public,State of New York
No.422553,Suffolk County
. 'Rum x;.ims Docomb:9r •
� 7
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code. of Ethics piolubits conflicts of inteiesi on the pai t 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: GMAT-MNE N. PARR
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company If so, indicate the
other person or company name,)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance X
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 X
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
Submi•-d this • day o
Signature - �-
FM" • _ _mg"
Prin ame:e- . Kevin McLaughlin,
A" I:I„ =t) Reptative
Town Of Southold F
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 12/17/02 Receipt#: 7543
Transaction(s): Subtotal
1 Application Fees $400.00
Check#: 7543 Total Paid: $400.00
Name: Barton, Geraldine (Contract Vendee)
139 Hampton Rd
Garden City, NY 11530
Clerk ID: LINDAC Internal ID•64769
AUTHORIZATION
The undersigned being the owners of certain vacant land located at 5295 Nassau
Point Road,Cutchogue,New York(SCTM#1000-111.00-09.00-013.000)hereby
authorize GERALDINE N. BARTON,as contract vendee,and her agents,to apply for all
necessary permits regarding the construction of a one-family dwelling on the subject
premises,and to enter upon the subject premises to conduct any and all necessary testing
and procedures in order to apply for said permits,including but not limited to, surveying,
test hole installation,and staldng of the property for building envelope and/or wetlands.
This authorization shall in no way obligate the undersigned to be responsible for
the costs related to,or incurred as a result of,the application for any such permits or
conducting any testing and procedures,as authorized hereunder.
Dated: November 2F 2002
ffr/
4EiJ
OBERT GOFF,LER,JR., caner
n
�` •B `' �:wwner PATRICIA KIRKPATRICK, Owner
t 41Cla. t
�Z TH T. CARTY,f/k/a J •ELL R, 0 Jr
ELIZABETH TUTONE,a/k/a
ELIZABETH GOELLER TUTONE, ,LA& Ater .1-41*
Owner JO GOELLER,Owner
Page 15
March 20, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
Lana Pih Jokel # 5280 - Withdrawn as requested
10:35 a.m. Geraldine N. Barton, Contract Vendee (Jane Goeller & Others, Owners) #5285
— Applicant requests a Variance under Section 100-30A 3 based on the Building Department's
November 8, 2002 Notice of Disapproval. Applicant proposes a new dwelling at less than 50
feet from the front lot line, at 5295 Nassau Point Road, Cutchogue; Parcel 1000-111-9-13.
CHAIRWOMAN Is someone here who would like to speak on behalf of the application?
KEVIN MCLAUGHLIN, ESQ: I have a letter outlining our position in this letter I'd like to hand
out. My client is the contract vendee for the subject premises which is a one-acre parcel of
property running on Little Peconic Bay we have gone before and received the necessary
approvals from the town trustees and DEC and the reason we are before this board today frankly
is what I call a pedestrian foot path or ROW called Little Peconic Bay Road. I don't know how
many of you have gone out there and viewed the property, but road is an overstatement.
Basically to the south of this property is in fact a pedestrian ROW at the water terminus of which
are landings and stairs so members of the community can get down to the beach. That's all it is,
that's all it's ever been. Unfortunately under our code and our Building Department's
interpretation of the code, it is a road that would normally require a 50' setback from. They have
determined that this property has 2 front yards. With the width of the property being 125' and a
requirement of 50' setback from the pedestrian footpath and the fact that there is an encroaching
building from the neighboring lot#34 it makes it virtually impossible to cite a building on this
property. So the reason we are before this board today is simply to ask for relief from the 50'
front yard setback requirement of the code to this pedestrian footpath and we are seeking a
variance to allow us to have the nearest point of the house to the footpath of 15'. I've outlined in
my letter and the application all of the criteria that the board needs to view on an area variance I
think we fit into all of those and as I said we've gone through the environmental concerns and at
this point we need some relief from the strict enforcement of the zoning code.
CHAIRWOMAN: Just a couple of questions. The size of the lot - because there are a couple of
different surveys and I noticed, it's 43000 sq. ft. The landscape plan and the Aihler survey and
the plans to the BD each have the house slightly different. It's not really going to change the
variance to the paper ROW, but I was trying to find out which plans are we reviewing at this
point.
MR. MCLAUGHLIN: The architect is here and perhaps he can better address that question.
MARK SCHWARTZ, ARCH: The footprint that's on the survey is more accurate than -
CHAIRWOMAN: That's the survey that we should reference the 2/24 Ailhler survey. The other
question and the landscaping plans would adapt to that.
MR. SCHWARTZ: That just showed generally where the house was going to be but it's not - the
siding of the house is not going to have a major impact on the landscape.
Page 15 of 96
1
Page 16
March 20, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
CHAIRWOMAN: The other question I wanted to know is the owner of this property has an
interest in the garage that straddles the lot line what is going to happen to the garage?
MR. SCHWARTZ: It is going to stay where it is. There have been attempts to resolve that
issue. There have been attempts to persuade the owner of lot 34,to allow that structure to be
moved solely to lot 34 and that has not been acceptable.
CHAIRWOMAN: Is that a civil matter?
MR. SCHWARTZ: There is no - it is what it is -my clients entered into a contract knowing that
this structure is going to continue to encroach on their property and were willing to go forth
despite that knowledge. In a perfect world we would like to see that building moved but it's been
there and there's no legal way to force it to be moved.
MEMBER ORLANDO: Did lot 35 give them an easement on the deed?
MR. SCHWARTZ: I believe at one time these lots were held in some kind of common
ownership and at the time little concern was given to where that line went between lot 34&35.
MEMBER ORLANDO: But lot 35 recognized that it was on there?
MR. SCHWARTZ: We went into this with our eyes open that the structure was there. We
attempted to talk to the current owners of our lot 35 who have been in discussions with lot 34,
have attempted to resolve the encroachment and have been unsuccessful in doing so. We were
told and our contract reflects that this encroachment will remain.
MEMBER ORLANDO: So your deed recognizes the encroachment and -
MR. SCHWARTZ: A deed wouldn't show what buildings are on the property. The deed simply
traces the outline of the property but the survey certainly shows. Our contract reflects the fact
that there is this encroachment. It's not a perfect solution but it's what we are stuck with and we
don't have a remedy available to tell the owners of lot 34 to get their house off our property
because it's been there long enough where they have obtained legal rights for it to remain.
MEMBER HORNING: They have a CO on it- is that what you mean?
CHAIRWOMAN: It's like an adverse condemnation.
MR. SCHWARTZ: An adverse possession kind of situation. Frankly I don't know the answer to
that but I believe so.
CHAIRWOMAN: We were curious but it's out of our realm too, so we'll leave it at that. I don't
have any more questions, Mr. Goehringer?
Page 16 of 96
Page 17
March 20, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
MEMBER GOEHRINGER: I have not been down to look at the property. I have been very
busy the past 2 days - I apologize -but I will definitely go down over the weekend and take a
look at them. I will say that in the past Nassau Point has been a very interesting place. The lots
have always been relatively large so we haven't had that situation exist. Most of the applications
that have existed however, have existed just as your presentation Mr.McLaughlin, too close to
either a paper street or they have been on specific lots that are unique in themselves and have
maybe 2 or 3 front yards. In this particular case, there's no doubt in my mind for the years I have
spent going to Nassau Pt. that this is one of those unique situations and since the road is not in
and will probably will always remain as a footpath I have no objection.
MR. SCHWARTZ: One thing I failed to mention in my presentation shows on the survey and is
addressed in my letter to you, the dwelling on lot 36 which is on the opposite side of the paper
street is also located approximately 15' from that ROW so we're not doing anything that the
property owner on the other side of the footpath hasn't already done.
CHAIRWOMAN: Any comments from the board members?
MEMBER ORLANDO: I don't have an architectural drawing of the house but what is the part
of the house that's 15' away? Is that a cupola type deck?
MR. SCHWARTZ: No it's a one story
MEMBER ORLANDO: Because it's irregular shaped, that's why it looks kind of square there or
am I looking at the wrong?
MEMBER OLIVA: I don't have any problem with the 15'but that bluff is in terrible shape.
MR. SCHWARTZ: We have addressed the problem with the Trustees. We are planning on
doing retaining walls.
MEMBER OLIVA: You do want to stabilize that because everything is just going to drain down
the slope of the lot. I see that part of the concrete wall that I walked down there is on your
property too and just leaves have been spilled over it, it's just a concern.
CHAIRWOMAN: Could we have the date on those plans for our record?
MR. SCHWARTZ: Today's date 3-20-03.
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against
the application?
KURT KOCH: Hi my name is Kurt Koch. I live across the street a few houses down and
generally I'm in favor of relaxation requirements within reason. My concerns are that I worry
that in many cases these paper streets, ROW's dotted all over Nassau Point they slowly drop off.
We lose them here and there because people end up putting their lawns across them then other
Page 17 of 96
Page 18
March 20, 2003
Southold Town Board of Appeals Regular Meeting Public Hearing
people are intimidated about using them. I use that ROW during the summer and my concern is
that I can still continue to use it and that the 15' in terms of precedence seems a little tight for me
in that I have a ROW behind me and it's different than this ROW in that it could conceivably be
improved somewhat so does this mean that this could also be developed with a house 15' away.
The issue here is precedent. Nassau Point has 2 types of ROW's one that is owned-by the
association and ones that are privately owned so are we throwing these ROW's in the same
bucket now?
CHAIRWOMAN: I don't think they are,but I'm not an expert on that.
MEMBER GOEHRINGER: I think title to this ROW belongs to the town of Southold. The one
we're talking about. I don't know about the one you're talking about.
MR. KOCH: The one questioned here is owned by Nassau Point Association.
MEMBER GOEHRINGER: It was part of the original map. It was an undeveloped piece of the
original map. It may be controlled by the association but I think belongs to the
association. If there is no tax map number on it, I believe Pete Tyle belongs to the town of
Southold.
MR. KOCH: Then the question of how does this impact the privately owned ones, we don't
know.
MEMBER GOEHRINGER: Again you have to look at the ROW and see if the ROW has a tax
map number. If it does not have a tax map number it falls within the same category that I just
said and that is it is part of the original map it was recognized as the original map and it was
further recognized when we had zoning changes and that is the reason why Nassau Point is one
of those unique areas that has kept it's own zoning. I'm not talking about the classification of
residential I'm talking about the classification of size of lot and so therefore that ROW although
may be controlled be titled to the Town of Southold or else it would have a tax map number.
CHAIRWOMAN: It doesn't even show up on the tax map as a ROW.
MEMBER GOEHRINGER: I'm just saying it was part of the original subdivision which was
what's unique about it is all of Nassau Point was done at one time many,many years ago and for
it to have a tax map number it would mean that someone else owns it. In this particular case
when it's integrated into the original plan in my particular opinion,but I'm not an attorney but I
have control of about 4000 ROW's in the job I do and I'm just telling you it belongs to the Town
of Southold.
CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against
the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until
later.
PLEASE SEE MINUTES FOR RESOLUTION
*****
Page 18 of 96
COUNTY OF SUFFOLK
RECEIVED
rzr , APR 2 1 2003
ZONING BOARD OF APPEALS
ROBERT J GAFFNEY
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARIMENT OF PLANNING DIRECTOR OF PLANNING
April 17, 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)
Carroll,Nancy 5134
Sidorowicz, Charles 5179
Sanford, Linda 5217
Omnipoint Communications 5232
Laoudis, Theodore and Ann 5238
Hoeg, James and Karen 5239
"Barton, Geraldine N. 5285
Kurz, Jeanne R. 5289
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G 1CCHORNY\ZONING\ZONING\WORKING\LD2003\APR\SD5134 APR
LOCATION MAILING ADDRESS
H LEE DENNISON BLDG. -4TH FLOOR ■ P 0 BOX 6 100 ■ (5 I 6) 853-5 1 90
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1 788-0099 TELECOPIER(5 1 6) 853-4044
/ 0
1'.
ZONING BOARD OF APPEALS
TOWN OF.SOUTHOLD:NEW YORK
In the Matter of the Application of
AFFIDAVIT
Geraldine N.' Barton, Contract Vendee OF
(Name of Applicants) MAILINGS
• CTM Parcel #1000- 111 - 9 - 13
•
--------- — ------ ---X
COUNTY OF SUFFOLK) •
STATE OF NEW YORK)
•
• I, J. Kevin McLaughlin residing at 680 Old Orchard Lane,
7I
East Marion , New York, being duly sworn, depose and say that:
On the 3rd day of March , 2003, I personally mailed at the
United States Post Office in Southold , 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'oficial records on file with the (X) Assessors, or .+
( ) County Real Property Office , for every
property which abuts and is across a public o privat- .tr-- k or vehicular right-of-
way of record, surrounding the applicant'- •rope .
Air, $
J. KEV iN MCINP e)
Sworn to before me th •
/61 •- of March' , 00 3
JOYCE M.WILKINS
- 1 A i Notary Public,State of New York 2/1
(/�/ No.4952246,Suffolk County
(� otary Public) Term Expires June 12„.,Qo 3
PLEASE list, on the back of this Affdavit_or on-a-sheet of paper, the lot numbers .
next to the owner names-arid ad esrd ses for which notices were mailed. Thank
you.
NAME. AND ADDRSS SCTM N
Beatrice Baxter & others 111000-111-9-12
c/b William Baxter
6915 SE Harbor Circle
Stuart, FL 34996
John Flynn & wife 1000-111-12-1
2250 Little Peconic Bay Road
Cutchogue, NY 11935
Robert Feger & Teresa Taylor 1000-111-8-19
5370 Nassau Point Road
Cutchogue, NY 11935
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2. Article Number 7001 0360 0001, 0521 3593
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f j ZONING BOARD OF:APPEALS • .•
TOWN OF SOUTHOLD:NEW'YORK "
In the Matter of f the Application of
Geraldine N. Barton, Contract Vendee AFFIDAVIT
OF SIGN
(Name of Applicant) • POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
• 1000- 111 _ 9 _ 13 •
--- ------ —�_�— _----- ----X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, J. Kevin McLaughlin' " residing at 680 Old Orchard Lane,
East Marion, New York; being duly sworn, depose and say that:
On the 4th day of March , 200 3, 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 rema'n-d ' pl - _ - •z - .
prior to the date of the subject
ect hearing' -date A rine da' - a o t• '•e
March 20, 2003. �' ANL
, . J: K
Sworn to before me this •
/ day of March , 20a3.
JOYCE M. N3
(N
otary Public,Statetate of of New York
No.495224.6,Suffolk County
Ot Public)
Term Expires June 12,2.003
*near the entrance or driveway entrance of my property, as the area most visible
to passersby.
-
1.KKUMMM MCLAUGH INN
Attorney At Law
Winds Way Professional Center
44210 Rt.48,P.O.Box 1210
Southold,New York 11971
Telephone(631)765-6085
Facsimile(631)765-1856
March 19, 2003
Southold Town Zoning Board of Appeals
Southold Town Hall
53095 Main Road
Southold, New'York 11971
Re: Area Variance for Geraldine N. Barton—Application No. 5285
Premises: 5295 Nassau Point Road, Cutchogue, NY (SCTM#1000-111-9-13)
Dear Chairperson and Members of the Board:
I have enclosed the Affidavit of Mailings with Certified Mail Receipts and Domestic
Return Receipts attached thereto, along with the Affidavit of Sign Posting in the above-
referenced application,which is scheduled for a public hearing on March 20, 2003 at 10:10 a.m.
Very tr•ly Furs off,
1,„‘,0 4 %
J. Kevin'Tihlin
Encs.
Hand Delivered
Nmice of Hearilg
A public hearing will be held by the Southold Town Appeals Board at Town Hall
53095 Main Road, Southold, concerning this property
APPLICATION: BARTON, G. (CV) GOELLER (OWNR)
TAX MAP #: 111 -9-13
PROJECT: SETBACK VARIANCE
DESCRIPTION: NEW DWELLING
TIME & DATE: THURS. MAR. 20, 2003 10:10 AM
If you have an interest in this project, you are invited to view the
Town file(s) which are available for inspection prior to the hearing
during normal business days between the hours of 8am and 3pm.
ZONING BOARD - TOWN OF SOUTHOLD - 631-765-1809
FOR OFFICIAL USE ONLY
CHECKLIST FOR NEW PROJECTS
LABEL APPL# a
✓ ASSESSORS CARD (7 COPIES) NAME j
✓ �� CTY. TAX MAP (7 COPIES + 1) CTM #
INDEX CARD (ATTACH OLD) TOWN 2, 1)
✓ LIST ALPHA BOOK
RESEARCH ALPHA
COPY PRIORS
V SIX COPIES
INSPECTION PACKETS COMPLETE
• REF:
UPDATED NEW INFORMATION
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