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LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MAY 31, 2007
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, MAY 31, 2007:
9:30 A.M. DR. LAWRENCE KELLY #6026. Request for a Variance under Code Section 280-86,
based on the Building Inspector's January 2, 2007 Notice of Disapproval concerning a
proposed ground identification sign which will be larger than two square feet in area, at 26270
Main Road, Cutchogue; CTM 109-3-3.
9:35 A.M. PECONIC RECYCLING AND TRANSFER CORP. (and COMMERCE EAST ONE, LLC by
JOHN M. DIVELLO) #6030. Request for Area Variances under Sections 280-59, 280-60A and C,
based on the Building Inspector's March 22, 2007 Notice of Disapproval concerning proposed
buildings. The Building Inspector states that the building construction will be: (1) less than
75 feet from the rear property line, (2) less than 100 feet from the right-of-way (also a front
property line), and (3) greater than 60 linear feet of frontage (width). Location of Property:
Commerce Drive and proposed right-of-way or road, Cutchogue; CTM 95-2-5.
10:05 A.M. ROGER P. SMITH and CONSTANCE A. SMITH #6025. Request for Variances: (1)
based on the Building Inspector's January 22, 2007 Notice of Disapproval citing former Code
Section 280-15, and (2) based on the current Code Section 280-15 concerning the proposed
accessory garage construction which will exceed the code limitation of 40% for dormers. The
Notice of Disapproval cites the former Code provisions concerning setback and height
requirements (citing 10 ft. as a minimum setback and 18 ft. as a maximum mean height).
Current Section 280-15 as amended by Local Law states that accessory buildings shall not
exceed 22 feet to the highest point of the ridge, and that setbacks shall be not less than 20 feet
(when located in a rear yard). In addition, a Variance is requested to locate an accessory
pergola in a side yard (rather than the code-required 20 ft. setback when located in a rear yard).
Location of Property: 60015 Main Road, Southold; CTM 56-3-10
10:35 A.M. CHERYL and ERIK HANSEN #6032. Request for a Variance under Section 280-
116B, based on the Building Inspector's November 21, 2006 Notice of Disapproval and
applicants’ request for a building permit, concerning proposed reconstruction and relocation
of an existing sunroom at less than 75 feet from the easterly bulkhead, at 445 Elizabeth Lane,
Southold; CTM 78-5-3.
10:40 A.M. SUSAN EMANUELE #6036. Request for a Variance under Section 280-124, based
on the Building Inspector's January 30, 2007 Notice of Disapproval concerning an application
for a building permit to construct additions and alterations to the existing dwelling, for the
reason that the new construction will be less than the code-required minimum of 15 feet on a
single side yard, at 1585 Breakwater Road, Mattituck; CTM 106-8-20.4.
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ZBA Meeting: May 31, 2007
11:05 A.M. DAVID R. BEREZNY JR. #6039. Request for a Variance from Section 280-124, based
on the Building Inspector's May 2, 2007 Notice of Disapproval concerning an application for a
building permit to construct a swimming pool with a lot coverage in excess of the code
limitation of 20% of this 14,888 square ft. lot. Location of Property: 680 Westview Drive,
Mattituck; CTM 139-1-15.
11:15 A.M. THOMAS BYRNE and VERONICA KALISKI #6031. Request for Variances under
Sections 280-116B and 280-124, based on the Building Inspector's February 20, 2007 Notice of
Disapproval concerning an application for a building permit to construct as-built and new
additions/alterations to the existing single-family dwelling, which are less than 35 feet from the
front lot line, less than 75 feet from the bulkhead, and less than 10 feet on a single side yard.
Location of Property: 2345 Bayview Avenue (corner), Southold; CTM 52-5-1.
11:25 a.m. SCOTT KRUK #6034. Request for Variances under Sections 280-15, based on an
application for a building permit, and the Building Inspector's April 19, 2007 and February 21,
2007 Notices of Disapproval, concerning proposed accessory swimming pool and accessory
garage locations in a yard other than the code-required rear yard, at 40135 County Road 48
(a/k/a Middle Road or North Road), Southold; CTM 59-9-30.5.
11:40 A.M. THOMAS and MILDRED TOIVONEN #6035. Request for a Variance under Section
280-15, based on the Building Inspector's March 21, 2007 Notice of Disapproval concerning an
application for a building permit to construct an accessory hot tub/gazebo structure in a yard
other than a code-required rear yard, and proposing it in the front yard adjacent to Cedar Lane.
Location of Property: 1065 East Gillette Drive, East Marion; CTM 38-4-18.
12:20 P.M. LEO ALESSI #6028. Request for a Variance under Section 280-15C, based on the
Building Inspector's February 20, 2007 Notice of Disapproval concerning a proposed swimming
pool and related equipment in a front yard with a setback at less than the code-required 50 feet
from the front property line on this 53,244 sq. ft. parcel, at 1700 Cedar Point Drive East,
Southold, CTM 92-1-3.
12:35 P.M. LINDA SANFORD #6037. Request for a Variance under Section 280-14 concerning a
request to amend Building Permit No. 32082-z concerning a new dwelling, under construction,
with conversion of the third-floor attic area to a finished floor area, determined to be a third
story under the Building Inspector’s April 2, 2007 Notice of Disapproval. Location of Property:
780 Private Road #17, Southold; CTM 81-3-27.1.
12:45 P.M. AMY and CHRISTOPHER ASTLEY #6004 (continued for amendments). Request for
Variances under Sections 280-10, 280-15, 280-124, 280-116, based on the applicants’ request
for a building permit and the Building Inspector’s December 26, 2006 Notice of Disapproval,
concerning: (1) a screened porch addition proposed at less than 100 feet from the top of the
bluff adjacent to the Long Island Sound, (2) proposed additions to the existing dwelling
which will be less than 40 feet from the front property line,
and (3) proposed swimming pool in a
. Location of
location other than the code-required rear yard and less than 40 feet from the front lot line
Property: 460 Northview Drive, Orient; CTM 13-1-5.2.
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
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ZBA Meeting: May 31, 2007
business hours and to the day of the hearing. If you have questions, please do not hesitate to
prior
contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us.
Dated: May 9, 2007. ZONING BOARD OF APPEALS
JAMES DINIZIO, JR., CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing Address)
P.O. Box 1179
Southold, NY 11971-0959
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ZBA Meeting: May 31, 2007