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LEGAL NOTICE
THURSDAY, JANUARY 26, 2006
SOUTHOLD TOWN ZONING BOARD OF APPEALS
PUBLIC HEARINGS
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 hearings will be held by the SOUTHOLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY, JANUARY 26, 2006:
9:30 A.M. JAMES NEUMANN #5822. A variance is requested under Section 100-30A.3, bulk
schedule, based on the Building Inspector’s October 20, 2005 Notice of Disapproval
concerning a building permit application to amend Permit No. 31483-Z for construction of a
new dwelling which will exceed the code limitation of 2-1/2 stories for proposed 132 square feet
of space above the second floor and code-compliant stairs, at 750 Mill Road, Mattituck; CTM
107-1-1.
9:35 A.M. TIM TRUJILLO and PAULA DANIEL #5830. The Applicant-Owner requests a Special
Exception to establish an Accessory Apartment within their existing single-family building as
provided by Section 100-31B, subsection 13 of the zoning code. Location of Property: 580
Soundview Avenue, Peconic; CTM 74-2-6.
9:40 A.M. JOHN and NINA WINTER (Owner: Variances are requested
MA TINE, INC.) #5809.
under Sections 100-33 and 100-239.4A(1), based on the Building Inspector’s October 7, 2005
Notice of Disapproval concerning an accessory swimming pool, proposed in a side yard
instead of the code-required front yard or rear yard, and in a location at less than 100 feet from
the top of the bluff or bank of the Long Island Sound. Location of Property: 590 North View
Drive, Orient; CTM 13-1-5.1.
9:50 A.M. THOMAS LANDI #5816. A variance is requested under Section 100-244, based on the
Building Inspector’s November 7, 2005 Notice of Disapproval concerning an application for a
building permit for a new swimming pool, which construction will increase the building
coverage of the lot in excess of the code’s 20% limitation, at 950 Waterview Drive, Southold;
CTM 78-7-28.
9:55 A.M. SUSAN ROGERS GRUN #5824. A variance is requested under Section 100-239.4A(1),
based on the Building Inspector’s November 15, 2005 Notice of Disapproval concerning a
building permit application to construct an addition, for the reason that the new construction
will be less than 100 feet from the top of the bluff or bank of the Sound, at 57305 C.R. 48 (a/k/a
Middle Road or North Road), Southold; CTM 52-1-6.
10:00 A.M. PHILIP MILOT #5705. Variances are requested under Sections 100-33, 100-242, and
100-244, based on the Building Inspector’s November 21, 2005 amended Notice of Disapproval
concerning a proposed second-story addition and alterations to the existing one-story garage,
for a recreation room and half bathroom (toilet and sink). The reasons in disapproving the
building permit application are that the new construction will increase the degree of
nonconformance when located at less than 3 feet from the side lot line and less than 35 feet
from the front lot line. Location of Property: 4185 Camp Mineola Road, Mattituck; CTM 1000-
123-5-26.
Page 2 – Legal Notice
January 26, 2006 Hearings
Southold Town Zoning Board of Appeals
10:15 A.M. GREGG and KATHI ROBERTS #5817. A variance is requested under Sections 100-
243A and 100-244, based on the Building Inspector’s October 6, 2005 Notice of Disapproval of
an application for a building permit concerning additions and/or alterations to the dwelling.
The reason stated in the disapproval is that the as-built enclosure of an existing porch will
maintain a nonconforming front yard setback, increasing the degree of nonconformance at
less than 35 feet from the front lot line. Location of Property: 2545 West Creek Avenue,
Cutchogue; CTM 110-5-1.
10:20 A.M. GERI ARMINE KLEIN #5793. A variance is requested under Section 100-231, based
on the Building Inspector’s August 15, 2005 Notice of Disapproval concerning a request for
approval of a fence shown on the 12/13/05 survey, as-built, prior to recent changes. The fence
exceeds the code limitation of four feet when located in the front yard, at 160 Sound Avenue
and Sound Road, Greenport; CTM 33-4-35.2. Zone District: R-40 Low-Density Residential.
10:45 A.M. EDGEWATER II, LLC #5815. A variance is requested under Section 100- 30A.3, bulk
schedule, based on the Building Inspector’s October 19, 2005 Notice of Disapproval
concerning a request to amend a building permit, and requesting variance relief exceeding the
variance limitations granted under Appeal No. 5330 concerning the height of a dwelling which
irregular roofline exceeded 35 feet at its highest point and included a bedroom designed in
space above the second-floor. This variance is for a third design, modifying and expanding the
floor space above the second floor, exceeding the code limitation of 2-1/2 stories, and
modifying and adding roof angles which exceed the code limitation of 35 feet. Location of
Property: 63735 C.R. 48 (a/k/a North Road or Middle Road), Greenport; CTM 40-1-20.2.
11:00 A.M. JON and KATHLEEN MARINO #5831. A variance is requested under Sections 100-
33 and 100-242, based on the Building Inspector’s December 14, 2005 Notice of Disapproval
concerning a building permit application to construct an addition to the existing accessory
garage. The reason for disapproving the building permit application is that the construction
will increase the degree of nonconformance when construction will be in the side yard area of
the existing accessory garage, instead of the rear yard. Location of Property: 10105
Soundview Avenue, Southold; CTM 54-8-5.
11:10 A.M. TIMOTHY STEELE #5618. (Continuation from Variances are requested under
Sections 100-31A(2)(c) and 100-242A, based on the Building Department’s April 23, 2003 Notice
of Disapproval, amended January 28, 2005, concerning a building permit application for the
following construct, at property known as 13795 Oregon Road (right-of-way extending from the
north side of applicant’s property), Cutchogue; CTM 83-2-10.16:
(a) barn (building #1) at less than 75 feet minimum principal building rear yard setback,
(b) additions with alterations to a nonconforming accessory garage (building #2), for the
reason that the garage is not entirely in a rear yard, and is extended into a front yard, and
(c) two (2) accessory sheds, an as-built and proposed, referred to as storage container
buildings #3 and #4, in a yard other than the code-required rear yard.
Page 3 – Legal Notice
January 26, 2006 Hearings
Southold Town Zoning Board of Appeals
11:25 A.M. MICHAEL and HELEN REDDINGTON #5792. Request for a Lot Waiver under
Section 100-26 to unmerge vacant land identified as CTM 1000-104-2-7.1, from the adjacent
vacant land identified as CTM 1000-104-2-7.2, based on the Building Inspector’s August 23,
2005 Notice of Disapproval and its determination that the properties have been merged
pursuant to Section 100-25. Location of Property: Corner of Horton Road and Bittersweet
Lane, Cutchogue, containing 63,808 sq. ft. as merged. Zone District: R-40 Low-Density
Residential.
11:45 A.M. BARBARA and KIMONO THERMOS #5825. A variance is requested under Section
100-244, based on the Building Inspector’s October 20, 2005 Notice of Disapproval, amended
December 8, 2005 concerning an application for a building permit to demolish an existing
dwelling and construct a new dwelling with setbacks at less than the code required 10 feet on a
single side and less than 15 on the second side yard, at 355 Sound Beach Drive, Mattituck;
CTM 99-1-19.
11:55 A.M. JAMES and KAREN HOEG #5821. A Variance is requested under Section 100-31A,
based on the Building Inspector’s November 1, 2005 Notice of Disapproval for a certificate of
occupancy to allow the existing one-story building to be used as a principal office use, instead
of an accessory office in conjunction with the former dwelling use which was removed, at
15400 Main Road, Mattituck; CTM 114-9-1.
12:05 P.M. PAT IAVARONE #5829. A variance is requested under Section 100-30A.3, bulk
schedule, based on the Building Inspector’s November 1, 2005 Notice of Disapproval
concerning a building permit under #22830Z which restricted the use of the attic to “non-
habitable” area. An application has been filed for a building permit for the as-built alterations
which modified the non-habitable attic area to living space and converted the floor above the
second story to a third story, exceeding the code limitation for 2-1/2 stories.
12:20 P.M. GEORGE and ELIZABETH IRELAND #5814. A variance is requested under Sections
100-31A and 100-242A, based on the Building Inspector’s September 26, 2005 Notice of
Disapproval concerning a requested for a building permit to construct an addition and as-built
alterations to an existing accessory building with living space. The reasons for disapproving
the building permit are that the addition will change the intensity of use, increasing the degree
of nonconformity, and the as-built additions and alterations are not permitted in an accessory
building, and only one, single-family dwelling is permitted on a lot. A Certificate of Preexisting
Use was issued 7/5/2001 for a single-family dwelling and “accessory garage with living space
above*.” Location of Property: East End Road, Fishers Island; CTM 4-7-3.3 (part of Lot 3).
The Board of Appeals will hear all persons, or their representatives, desiring to be heard or desiring to
submit written statements before the conclusion of each hearing noted above. 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 contact our office at (631) 765-1809, or by email:
linda.kowalski@town.southold.ny.us .
Dated: January 10, 2006. ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN