HomeMy WebLinkAbout6116
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APPEALS BOARD MEMBERS
Ruth D. Oliva.
.
.
Gerard P. Goehringer '
James Dinizio, Jr.
. Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex IFirst Roor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
~RECEJVED +-
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FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 7, 2008
Chairman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809' Fax (631) 765-9064
ZB File No. 6116 - GARY GUJA
Property Location: 372 North Drive, Mattituck
CTM 106-6-29
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 further steps under SEQRA.
PROPERTY FACTSIDESCRIPTION: The applicant's property is located along a 15 ft. wide
right-of-way extending off the east side of North Drive in Mattituck, and consists of 31,984
square feet with 89.60 feet on the west end and 361.21 feet along the northerly side line to
Mattituck Creek. The property is improved with a two-story, single-family dwelling, as shown
on the March 16, 2005 survey prepared by Kenneth L. Woychuk, LB.
BASIS OF APPLICATION: Zoning Code Sections 280-124 and 280-242A, based on the Building
Inspector's September 17, 2007 Notice of Disapproval concerning proposed additions and
alterations to the existing single-family dwelling, which new construction will create a new
nonconformance or increase the degree of nonconformance with setbacks totaling less than 35
feet on both side yards.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk
County Department of Planning reply dated December 10, 2007 states that the application is
considered a matter for local determination as there appears to be no significant county-wide or
inter-community impact.
TOWN CODE CHAPTER 268 LWRP EXEMPT: The applicant is proposed construction greater
than 100 feet from the tidal wetlands adjacent to Mattituck Creek. The application is therefore
exempt under LWRP.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, at
which time written and oral evidence were presented. Based upon all testimony,
Page 2 - February 7, 2008
ZB File No. 6116 - Gary Guja
CTM No. 106-6-29
.
.
documentation, personal inspection of the property, and other evidence, the Zoning Board finds
the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The relief requested is shown on the 4/13/2006 site
map prepared by JL Drafting, Inc. (Drawings A-I, A-2, A-3), for a second-story addition and
interior alterations, within 35 feet of the southerly side yard, and resulting in total side yard
setbacks of 30 feet (10 feet existing from the northerly side lot line and 20 feet proposed from
the southerly lot line).
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted
and personal inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The addition will replace an existing deck on
the second floor. The intended use of the addition is a master bathroom which is an allowed use
in this neighborhood and will not increase the side yard setback beyond the existing conforming
setback of 20 feet.
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 benefit of a master bathroom can only be
achieved by installing it off the master bedroom which is located on the second floor of this
house.
3. The variance granted herein is not substantial. The proposed addition will add only 180
square feet to the second-story of the existing house. It will not increase the side yard setback
beyond the existing conforming setback of 20 feet.
4. The difficulty has not been self-created. The Building Inspector has apparently interpreted
that building an addition onto any part of a house with a nonconforming total side yard setback
is not allowed by the code regardless of the fact that the new addition will neither produce a
new nonconformities nor increase the degree on nonconformity.
5. No evidence has been submitted to suggest that a variance in this residential community will
have an adverse impact on the physical or environmental conditions in the neighborhood.
6. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a second-story bathroom, 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 Dinizio,
. ~
Page 3 - February 7, 2008 .
ZB File No. 6116 - Gary Guja
CTM No. 106-6-29
.
seconded by Member Weisman, and duly carried, to
GRANT the variance as applied for, as shown on the 4/13/2006 site map prepared by JL
Drafting, Inc. (Drawings A-I, A-2, A-3).
Any deviation from the variance given such as extensions, or demolitions which are not shown
on the applicant's diagrams or survey site maps, are not authorized under this application when
involving nonconformities under the zoning code. 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.
The Board reserves the right to substitute a similar design that is de minimis in nature for an
alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Dinizio, and Weisman.
Chairman Goehringer and Member . on were absent. This Resolution was duly adopted (3-0).
RUTH D. OLIVA, Vice Chairwoman 3/7 /08
Approved for Filing
.
.
FORM NO.3
NOTICE OF DISAPPROVAL
DATE: September 17, 2007
TO: Gary Guja
372 North Drive
Mattituck, NY 11952
-,--
i;~..,- ~-~ t;;' (t ~i. '!:~ ~\
For permit to construct a additions & alterations to an existin
NOVr 6 2007
all(.
BOARD OF APPEALS
Please take notice that your application dated September 7, 2007
Location of property 372 North Drive. Mattituck. NY
County Tax Map No.1 000 - Section 106
BlockJi
Lot-12
Is returned herewith and disapproved on the following grounds:
The proposed additions and alterations to an existing single familv dwelling on this non-conforming
31.979 square foot lot ill the Residential R -40 District is not permitted 1Jursuant to Article XXIV
Section 100-242A. which states:
~
"Nothin in this article shall be deemed to revent the remodel in reconstruction or
enlar ent of a non-conformin buildin containin a conformin use rovided that such
action does not create anv new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
Article XXIII Section 200-124. states that nonconforming lots measuring less than between 20.000 and
39.999 square feet in total size. require a total side vard setback of 35 feet. Following the proposed
addition. the dwelling will have a total side vard setback of +/- 30 feet.
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southo1d Town Building Department.
?
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,\.
APPLICA& TO THE SOUTHOLD TOWN BO~OF APPEALS
Fee: $
Filed By:
For Office Use Only
Date Assigned/Assignment No.
Office Notes:
. 07
House No,jl d-. Street AJo"'~ Q('\\Ie./ Hamlet
SCTM 1000 Sectiou ID h Block c:, Lot(s)~Lot Size , 7':5 AGrC/
APPEALS
Zone feSIOe,,'t,"Ic. R-'1O
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED r -/ 7 -0, BASED ON MAP DATED "3 - / b - OJj
Applicant(s)/Owner(s): G-Pr('1 G-v Jft ()ebOf~h C-u\l-.fl
MailingAddress: 3 '7 ~ A1 0 f'\ h. c) (' \ V e,
Telephone: ?--q ~ - ::n. ') 7 Fax #:
Email: Sa.mdc fee., ~ AoLCo"",-
NOTE: In addition to the above. please complete below if application is signed by applicant's attorney, agent, architect, builder, contract
vendee, etc. and name of person who agent represents:
Name of Representative:
for ( ) Owner, or ( ) Other:
Agent's Address:
Telephone
Fax#:
Email:
Please check box to specify who you wish correspondence to be mailed to, from the above names:
rJ('Applicant/Owner(s), or 0 Authorized Representative, or 0 Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ;j -/6 -O~nd DENIED
AN APPLICATIO,N DATED !1}i:-Y-7-fJ7 FOR:
'1li'Building Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change of Use
o Permit for As-Built Construction
OOther:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article XY-I II Section 280- / d.-,/ Subsection
Type of Appeal. An Appeal is made for:
1!J(A Variance to the Zoning Code or Zoning Map.
o A Variance due to lack of access required by New York Town Law-Section 280-A.
o Interpretation of the Town Code, Article Section
o Reversal or Other
A prior appeal 0 has, 0 has not been made at any time with respect to this property. UNDER Appeal
No.l..3U:L Year 1'f70 . (Please be sure to research before completing this question or call our office for
assistance.)
Name of Owner:
.
.. ~ I \~
~A File #
REASONS FOR APPEAL (additional sheets mav be used with oreoarer's si"nature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because: NO S '~ I" I 1=, c A V\ I ChA-lI\~e- 1-0
5/,,1,) c,\ u r-e.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible fo,: the
applicant to pursue, other than an area varianc~, because: Bu I Lol Ih~ 0 Ue,r <: j.IS'l, Vie)
L\v\~~ A-l"eA- 01"'\ (Y'14Ih. pLoof'.
(3) The amount of relief requested is not snbstantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because: 13 () I l T ()J Ill, '.-. 1"""0 tJ ",d 14-7 t 01" 0 r
r-"CI prlV\\ 0 f ~KIS"V.5 .s/rvc...lure
(5) Has the alleged difficulty been self-created? ( )Yes, or (~
Are there Covenants and Restrictions concerning this land: 0 No. 0 Yes (olease furnish coovl.
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure to onsult your atto ey.~
Sworn to before me tbis 2{;~
day of j/6 d. , 20<:9 7 .
-~/~9
Notary Public
FRANCIS W. DEEGAN
Notary Public, State of New York
No. 30-5957692
Qualified in Nassau County
Commission Expires July 31, 20JE
IRl~CC~D\#~1O)
DEe 1 9 .
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
BOARD OF APPEALS
DEPARTMENT OF PLANNING
THOMAS ISlES, AICP
DIRECTOR OF PLANNING
December 10, 2007
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Dear Sir:
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 detennination should not be construed as either an approval or disapproval.
Applicant( s)
Municipal File Number(s)
Diack
Hill
Planitzer
LaChance
F rienmann
DiGregario
Guja
Mooney (End of the Road LLC)
6109
6111
6112
6113
6114
6115
6116
6013
Very truly yours,
Thomas Isles, AICP
Director of Planning
S/sTheodore R. Klein
Senior Planner
TRK:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE. NY 11788-0099
.
(631) 853-5190
TELECOPIER (631) 853-4044
TOWN OF SOUTHOLD
BUILDING \- -., ARTMENT
TOWN HALl.
SOUTHOLD, l'oiY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.net/SouthoId/
.
BUILDIN~RMIT APPLICATION CHECKLIST
Do" have or need the following, before applying?
Board of Health
"" 4 sets of Building Plans
Planning Board approval
. Survey
Check I ..:; 0 ,0 D
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail to:
.
PERMIT NO.
Examined
Expiration
,20
,20_
Approved
Disapproved alc
,20
Phone:
D ISh IPJIM V It L
Of!1.J- WHeN ctmPLfTe
#- -, '2 r~11 APPLICATION FOR BUILDING PERMIT
I C6 '7 ,! Date 1;)..-/3 - C:> -6 , 20~
\ SEP - 1 ii, INSTRUCTIONS
F T~lsapPlication ~a~~t~v:JmPletelY filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of lans ~ac.cura.te-l'let . . .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 ofthis 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 South old, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
t or name, if a corporation)
....
37'd- A100TL Or MAl1lllirlc,u Y I JqS;;
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
C)WhC'r
Gu~A
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
G-4 A- Y
Name of owner of premises
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
I. Location of land on which prQP/;:.d work will be done:
"3 7 d... ;//0(' iJ r
House Number Street
Hfl-l1 tlucJC
Hamlet
(Name)
Block G
Filed Map No.
Ii Lot a 9
Lot
County Tax Map No. 1000 Section ----t e G
Subdivision
J
2. State existing use and occupancy o.emises and intended use and occupant,f proposed construction:
a. Existing use and occupancy e e J rat) ~ ... d-..... "_~
. ........
-
b. Intended use and occupancy
Bed'roofl'l -r BAlhroc\1"-\.-
~
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
~
Other ork
Alteration
4. Estimated Cost
fO he de.lev.-"....d Fee
(Description)
5. If dwelling, number of dwelling units
If garage, number of cars
(To be paid on filing this application)
Number of dwelling units on each floor
6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height Number of Stories
Rear
Depth
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front
Height Number of Stories
Rear
Depth
9. Size oflot: Front
Rear
Depth
10. Date of Purchase
Name of Former Owner
II. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES-&-
13. Will lot be re-graded? YES-& Will excess fill be removed from premises? YES_ NO_
14. Names of Owner of premises (fA1 GuJ/<\ Address 3?~ ,ve-r7t D r Phone No. d-98 -3;2 7?
Name of Architect fJoht? r;,e e.-L f' &- Address 707 Rwle 110 FQ,...,~ne No c.; 3 / - 7 5S-~
Name of Contractor . Address I Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _~
* 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~~~UL)
G-17R
(Name of indivi
being duly sworn, deposes and says that (s)he is the applicant
I signing contract) above named,
(S)He is the
(l)Wnf: r
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to pelform 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.
0Vl1oev 2rD6
"
MELANIE OOROSKI
NOTARY PUBLIC, State of New York
No. 01004634870
Quamied in Suffolk County. ~ \ 0
Commission Expires September 3~
"
.
.
Jt ~l\b
APPLICANT'S PROJECT DESCRIPTION
(Por ZBA Reference)
Applicant: G-~ r-y C-;; '"J A Date Prepared:
I. For Demolition of Existing Building Areas A
Plete des'ifibe areas being removed: 9-f\C1 S., 0(' c.- rU8'lOe, rOO F +
€.-ACX'AIJ t...t.I~ 10 ~ 1.\/IYlj ey'rCl"lor Pee,\<"
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: ,
.
Dimensions of new second floor: ,- , ().. 'i- (.6
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet ifnecessary) -- Please describe building areas: ':I
Number of Floors and General Characteristics BEFORE Alterations: (J'
Oec..K. - FLAI AooF 0 \) er- @_llt..> TI~S I Sf ,:::.toor
-enc.Lo.se. t're.-e....q~TI..,~
~,TChe/1
Number of Floors and Changes WITH Alterations: e,nl
-'(0)1 110 5'(, FT j I 'N1j
IV, Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage: ()
Square footage of your lot:
Percentage of coverage of your lot by building area:
V. Purpose of New Construction: f\ 00
fY\A E, "I er- OA \ h.
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
prt~ett
(.\
\.jl~;\-..
~DtT
fr,";, of
P-t 15 r/~S
'J. ncf Sr() rv
f
~ () ~ e ~ 1')(1 \A 1..1"Lt I Q '^
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners,
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
"-'
.
.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPUCATION
A. Is the subject premises listed on the real estate market for sale?
DYes 4No
B. Are there any proposals to change or alter land contours?
~ No DYes, please explain on attached sheet.
C. I) Are there areas that contain sand or wetland grasses?
2) Are these areas shown on the map submitted with this application?
3) Is the property bulkheaded between the wetlands area and the upland building area?
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? Please confirm status of your
inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved map.
D.. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? MO
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? AI t:J (Please show area of these
structures on a diagram if any exist. Or state "nol1e"'on the above line, if applicable.)
F. Do you have any construction taking place at this time concerning your premises? JJ CJ
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
G.
Do you or any co-owner also own other land close to this parcel? N eJ
the proximity of your lands on your map with this application.
If yes, please label
H. Please list present use or operations conducted at this parcel J U I ~f' t'\ 't \ O'\-L.
and proposed use
~les: eXisti~:' proposed: same with garage or pool, or other description.)
Authorized ~e and D~ - 2/05; 1107
~\~
t~
'r-:
I
~
.
. 'I 'ROIEc'r I.D. NUMB'R .
SEQR
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - Project Information (To be complete by Applicant or Project sponsor)
1. Applicant! Sponsor 2. Project Name
MASle.y-
County
1O~~('c>c. ~
IT'h.UA 0 ~ 50~OlO . Ml4-lritvL.k..
4. Precise location (Street address and'road intersections, prominent landmarks, etc. or provide map)
103 7 a.... A.J 0.'\ 1\.-.
5. Is proposed action:
O('\.Je,..
h ~IT ,1 uC- k.
AJ,/
1I96J-
]
1
( )NEW
) EXPANSION
) MODIFICATION I ALTERATION
6. Describe project briefly:
8t'le\..OSC pre--e.-J.'-J""'~ r-t\
(YI~IC"- b~OI'-, P/'C;,Jec.l.
PU>or PLAT rOC Fe.e ()
~ 4. -
ovef' e.f;JTI~ '1.$ I v/..Oor
, D"""""
- "To CreA/e
"
K I TC-h e.r1.
<L.
IniliallY:O acres; Ultimately:
8. Will proposed action comply with existing or other existing land use restrictlons:(
acres
ES
) NO If No, describe briefly:
) Agricultural ( ) Park/Forest/Open Space ( ) Other
10. Does actlon involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local)?
( ) YES ( ) NO
If Yes. list agency(s) and permit/approvals:
11. Does any aspect of the action have a currently valid permit or approval?
--
( ) YES ("'1 NO If Yes, IIsl agency(s) and perrniUapprovals:
12. As a result of proposed action. will existing permit/approval require modification?
( ) YES ( ) NO
If Yes, Ust agency(s) and permit/approvals:
I~"""m' ,~~ ,~. ~:;'"~~'"~ '00'"" ~':':"'''.'''"''~''
Signature:
If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment
.
. USPS Mailing Address:
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
PO. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
March 72008
Mr. Gary Guja
372 North Drive
Mattituck, New York 11952
Re: ZBA #6116 - Variance application
Dear Mr. Guja:
Transmitted for your records is a copy of the Board's February 7, 2008 Findings,
Deliberations and Determination, the original of which was filed today with the Town Clerk
regarding the above application for variances.
Please be sure to submit an application for a building permit with three sets of maps
and any other documentation (if not already filed) directly with the Building Inspector's
Office. You may want to furnish an extra copy of the enclosed when furnishing additional
information to the Building Department.
If you have any questions, please feel free to call at any time.
Very truly yours,
Linda Kowalski
Encl.
Copies of Decision to:
Building Department
Town Clerk (Original for filing)
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
Southold Town Zoning Board of Appeals
FROM:
Elizabeth A. Neville
DATED:
November 27, 2007
RE:
Zoning Appeal No.
6116
Transmitted herewith is Zoning Appeals No. 6116 of Garv Guia- the Application to the
Southold Town Zoning Board of Appeals. Also enclosed is the Notice of Disapproval,
Applicant's Project Description, Application for Building Permit, Town of Southold Property
Record Card, Questionnaire for Filing with the Z.B.A. Application, Short Environmental
Assessment Form, L WRP Consistency Assessment Form, Proposed 2nd Story Addition &
Interior Alterations Site Plan & Details, Foundation Plan, First Floor Plan, Second Floor Plan,
Sections and Elevations.
.
..
Office Location:
USPS Mailing Address:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765.1809 Fa" (631) 765.9064
LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 24, 2008
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280
(Zoning), Code of the Town of South old, the following public hearing 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 24, 2008:
11:05 A.M. GARY GUJA #6116. Request for Variances under Sections 280-124 and 280.242A,
based on the Building Inspector's September 17, 2007 Notice of Disapproval concerning
proposed additions and alterations to the existing single-family dwelling, which new
construction will create a new nonconformance or increase the degree of nonconformance
with setbacks totaling less than 35 feet on both side yards, at 372 North Drive, Mattituck; CTM
106-6-29.
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 and prior to the day of the hearing. 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: December 27, 2007.
ZONING BOARD OF APPEALS
JAMES DINIZIO, JR., CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailing Address/USPS)
P.O. Box 1179
Southold, NY 11971-0959
/'7 - I LtV C f7 r~ I 'o/'~-'C:r-"
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#8662
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
.
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once a week for -L- week(s), successively, commencing on the
10th day of January, 2008.
Sworn to before me this
LEGAL NOTICE
SOUfHOLD TOWN ZONING
BOARD OF APPEALS
THURSDAY, JANUj\.RY 24, 200ll
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN,
pursuant to Section 267 of the Town
Law and Chapter 280 (Zoning), Code
of the Town of Southold, the follow-
ing public hearings. will be held by
the SOUTHOLD TOWN ZONING
BOARD OF APPEALS at the Town
Hall, 53095 Main Road,P.D. Box 1179,
11:25 A.M. ROBERT and ERIN
DICKERSON #6120. Request for a
Variance under Sections 280-122A and
280-124, based on ZBA Interpreta-
tion #5039 (Walz Application) and the
Building Inspector's November 16,2007
Notice of-Disapproval concerning pro-
posed additions and alterations to an
existing dwellirig, which new construc-
tion creates a new nonconformance or
increase in the' degree of nonconfor-
mance ,when located less than 50 feet
from the front lot line and less than 15
feet on a side yard. Location of Proper-
ty: 1600 Alvah's Lane, Cutchogue; CfM
102-4-KI.
1:00 P.M. MILDRED ANN DIACK
#6109. Request for a Variance under
Sectio'n 280-116A.2, based on the Build-
ing Inspector's October 11,2007 Notice
of Disapproval concerning the loca-
tion of a dwelfing at less than 100 feet
from the ordinary high water mark of
the Long Island Sound, at 1840 Leeton
Drive;SouQlOld; CTM 58-2-11.
1:'20 P.M.-f690 BAYVIEW ASSOCI-
ATES #6117. Request for a Variance
under Section 280-116B, based on the
Building Inspector's November 5, 2007
Notice of Disapproval concerning pro-
posed alterations to, the existing first
floor, new second-floor addition over
the existing first floor, which new con-
struction areas will be less than 75 feet
from the bulkhead adjacent to Goose
Creek, at 1690 Bayview Road,Southold;
CTM 70.12-37.
1:35 P.M. SANDFORD and ELIZA-
BETH FRIEMANN #6114. Request
for Variances under Sections 280-116B
and 280.124, based on the Building In-
spector's amended November 26, 2007
Notice of Disapproval concerning pro-
posed additions,swimming pool, and
;(~~
Principal Clerk
tD
2008
ilr~-h\11 ~
CHR'lh~1 V6LINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No, 0 l-V061 05050
Qualified In Suffolk County
CommissIon Expires Februo!y 28. 2008
Southold, New York 11971-0959, on
THURSDAY JANUARY 24 2008:
9:30 A.M. CHARLES HILL #6III.
Request for a Variance under Section
280-15, based on the Building Inspec-
tor's November 5, 2007 Notice of Dis-
approval concerning an as-built acces-
sory shed in a yard other than the code-
required rear yard, at 655 Lake Drive,
Southold; CfM 80-3-20.
9:40 A.M. DEBRA LACHANCE
#6133. Request for a Variance under
Section 280-124, based on the Building
Inspector's November 14,2007 Notice
of Disapproval concerning a proposed
addition to the existing single-family
dwelling, which is proposed less than
10 feet from the side yard, less than 25
feet for total side yard setbacks, and less
than 35 feet from the front lot line, at 630
Ruch Lane, Southold; CTM 52-2-26.
9:55 A.M. ROBERT and MARY
KATE DIGREGORIO #6115. Request
for Variances under Sections 280-15B,
280-15C, 280-124, based on the Building
Inspector's October 15,2007 amended
Notice of Disapproval concerning a
proposed accessory garage on this
16,586 square foot lot. The new garage
is proposed at 22 feet in height in a loca-
tion at less than 20 feet from the side lot
line, and less than 35 feet from the front
lot line, at 1000 Oak Street (at Pierce
Drive), Cutchogue; CfM 136-1-36.
10:05 A.M. RUSSELL E. PLAN-
ITZER #6112. Request for a Vari-
ance under Section 280-14, based on
the Building Inspector's October 30,
2007 Notice of Disapproval concern-
ing proposed alterations to an existing
third-story living area in a single-family
dwelling, for the reason that the Code
limits construction to 21/2 stories in
height. Location of Property: South Side
of Ocean View Avenue, Fishers Island;
CfM 9-11-3.1.
10:25 A.M. JOHN CORBLEY #6II9.
Request for Variances under Sections
280-122,280-124, based on the Build-
ing Inspector's October 4, 2007 Notice
of Disapproval and Zoning Code Inter-
pretation #5039 (Walz) concerning pro-
posed additions and alterations to the
existing single-family dwelling, which
new construction will create a new non-
conforming side yard setback, and will
create an increase in the degree of non-
conformance, when located less than 15
feet on one. side yard and less than 35
feet for both side yard setbacks (total),
at 680 Mason Drive, Cutchogue; CTM
104-7-3.
11:05 A.M. GARY GUJA #6116.
Request for Variances under Sections
280-124 and 280-242A, based on the
Building Inspector's September 17,2007
Notice of Disapproval concerning pro-
posed additions and alterations to the
existing single-family dwelling, which
new construction will create a new non-
conformance or increase the degree of
nonconformance with setbacks total-
ing less than 35 feet on both side yards,
at 372 North Drive. Mattituck: CfM
alterations to the existing single-family
dwelling, which new construction: (a)
will be less than 75 feet from the bulk-
head adjacent to Cutchogue Harbor and
(b) will exceed the code limitation of
20% maximum lot coverage. Location
of Property: 1165 Old Harbor Road,
New Suffolk; CTM 117-3-8.4.
1:50 P.M. RICHARD TRIPPTREE
#6118. Request for a Variance under
Section 280-124, based on the Building
Inspector's September 7, 2007 Notice
of Disapproval concerning a proposed
porch addition which will be less than 40
feet from the front lot line, at 910 Wa-
basso Street, Southold; CTM 78-3-50.1.
2:05 P.M. FRANCIS J. COUTTS
FAMILY TRUST by G. Hallenbeck III,
Trustee #6098. (Continued hearing). Re-
quest for Lot Waiver to Unmerge. Loca-
tion of Property: 10650 Sound Avenue
at corner of Factory Avenue, Mattituck.
CTM 142-1-3.2 and 3.3.
2:20 P.M. KINGA CRARY #6108.
Requests for additions and alterations ,
to accessory building with: 1) proposed
habitable space for studio workshop as
shown in the proposed layout of the ac-
cessory building, (2) proposed noncon-
forming setbacks from the side and rear
lot lines at less than three feet, and (3)
proposed dormers exceeding 40% of
the roof width. Location of Property:
355 Skippers Lane, Orient; CTM 24-2-4.
3:00 P.M. EDNA McNULTY (and
JOHN C. DILLER and HOLLY M.
DILLER) #6090. Request for. a Vari-
ance under Zoning Code Section
280-18, based on the Building Inspec-
tor's July 26, 2007 Notice of Disapprov-
al which states that the Bulk Schedule
requires a minimum lot area of 40,000
square feet, and the area of CfM Parcel
1000-145-02-1.5 will be reduced from
20,877 square feet to 20,093 square
feet, creating a greater degree of non-
conformity, with a lot line change to en~
large C1M Parcell000-145-D2-1.4 from
22,151 square feet to 22,936 square feet.
Both parcels are currently nonconform-
ing in lot size in the R-40 Low-Density
Residential Zone District, located at
160 and 240 Great Peconic Bay Boule-
vard, Laurel.
The Board of Appeals will hear all
persons, or their representatives, desir-
ing to be heard at each hearing, and/or
desiring to submit written statements
before the conclusion of each hear-
ing. Each hearing will not start earlier
than designated above. Files are avail-
able for review during regular business
hours and prior to the day of the hear-
ing. 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 3, 200&.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER,
CHAIRMAN
By Linda Kowalski
54375 Main Road (Office Location)
53095 Main Road (Mailin~ Addressl
7
TOWN OF SOUTHOLD
STREET ::3 7 2
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------){
In the Matter of the Application of
.j 01!~
C.C~a
(N o(Applicants)
CTM Parcel # 1000- IOf, - b _;).. ?
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AFFIDAVIT
OF
MAiLINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
l, Gr(?R~ Q...v-:JA residing at 37J-- ;VOl' fL {)f'/Ve...
J'-1R- IT \ T u c I , New York, being duly sworn, depose and say that:
On the '6 day of 'J 1'\11I vl'l \(' ~ ' I personally mailed at the United States
Post Office in t\ .\\e.o Let,... . New ork, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to
current o~rs shown on the current assessment ralI verified from the official records on file
with the ftT) Assessors, or ( ) County Real Property Office , for every
property which abuts and is across a public or privo/,e street, or vehicular right-of-way of record,
surrounding the applicant's property. "
Sworn to before me this
frY of JANJlW'f ,20015
dC'J 11 rJdA ?vl2~
(Notary P blic)
NOTAR~~~C~~~York
No. 01V161~_=.'
(;oj1"~~~I20 10
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AREA: 31,984 SQ.FT. OR 0.73 ACRE~
LOT(S): 29
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[LEVA nON DA W",: _________________________
UNAUTHORIZED ALTERATION OR AllomON TO THI Y IS A V7QLATfON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVF;Y
MAP NOT BEARING THE LAND SURVf:YOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES tNDICATED HEREON SHALL RUN
ONL Y TO THE PERSON FOR WHOM THE SURV'F:Y IS PREPARED AND ON HIS BEHALF TO THE nTLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION
LISTED HiRfON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE.
THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE
NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES. ADDmQNAL STRUCTURES OR AND OTHER rIJPROV[MfNTS. EASEMENTS
AND/OR SUBSURFACE STRUewRES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY n1DENT ON THE PREMISES AT THE TIME OF SURv[Y
SURVEY OF, P /0 LOT K
MAP OF, SHORE ACRES
FILED, JANUARY 3, 1914
SITUATED H MATTITUCK
TOWN OF SOUTH OLD
SUFFOLK COUNTY, NEW YORK
No.4l
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FILE * 25-03 SCALE, 1 "=40' DATE, MARCH 16, 200
~L Y. s. Lie NO. 50227
CERTIFIED TO: GARY GUJA;
KENNETH y, ll'OYCHUK L,S,
Land Surveyinl and Dulin
P,O, BOX 3 MATl'\TUCK, N,Y. 11952
PRONE (03') 21111-'_ FAX (03') --,-
ra.ln....lnln.: the recorda of Robert J. Henne..,
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SlHOL~ COUNTY TAX '-lAP IS Pl<OHlBHED
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SlN'FOLKCOUWY TAx IdAPIS PllOHI81TEO
WlmOUT WRI!rEN PERldlSSIOI-I OF THE
REAL PROPERTY TAXSERVlCE AGENCI.
COUNTY OF SUFFOLK Q)
>~ Real Property Tax Service Agency
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----------------------------------------------------)(
In the Matter of the Application of
G-P~ h-uJIJ
eN: me of Applicants)
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- JO~ - f; - J..Q
---------------------------------~-------------------){
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
.r, b-A~t 6-u0f> residing at 37'J.. NOI'R .or lve;
MAlT iT u t. K. , New York, being duly sworn, depose and say that:
On the---La-day of \J I'1n vf\l' _,,--, 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 confinn that the Poster has remained in place for seven days prior to trlat date of
the subject hearing date, which hearing date was shown to be I-;;!. 'I - O?
~&:i~. ffJ
Sworn to before me this
? day of iY lA"'''''l ' 2007
'}QluCU~ f ~ JW.-
(Notary Public)
FEIlNANoA P VIEIRA
NOTARY PU8OhSfll8 01 New YOtIc
^,_ No,Olv.6155040
, _Iilied,in NaSS!!u County
CommisiIii Expires on octol>er 23, 20.1P
*near the entrance or driveway entrance of my property, as the area most visible to passersby,
.
.
Town of South old
.
.
'J
(j
L WRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. Tills
assessment is intended to supplement other information llsed by a Town of Southold agency in
making a detenuination of consistency. *Except minor exempt actions including Building Permits
and other ministerial pennits not located within the Coastal RroslOn Hazard Area.
2. Before ,mswering the questions in Section C, the preparer of this fonu should review the exempt
minor action list, policies and explanations of each policy contained ill the Town of Southold Local
Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of South old Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
detennination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the L WRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of South old's website
(southoldtown.northfork.net), the Board of Trustees Office, the Plmming Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM#
lOCo ~ "q
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Board [g] Building Dept. 0 Board of Trustees 0
1. Category of Town of Southold agency action (check appropriate response):
(a)
Action tmdertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, Imld transaction)
o
o
(b) Financial assistance (e.g. grant, loan, subsidy)
(ci--Permit, appr6val, license, certdlcallon:-n.
---.n.w.--nn no
Nature and extent of action:
e.f\CLoSe. ~~<:>t\ vec'l yl'e-C,.fl~I'..,~ yuff ROG ~ ikd( , w\f.. c.,"-. \)...1.0"'3-> To
~...& s"lory ; c!>vC,.r 1"~~I"'\\"''j is, R.coy-: 1'-11c...he.~EnCl_ooc..
\)e.c.. \< -AVI&, f' 0 t"\ v er \' 1<' M 1'l51( ,.Ja A=th
.
;'
Location of action:
.
.
Site acreage:
Present land use:
Present zoning classification:__,____
2. If an application l())' tlie proposed action has been filed with the Town of Southold agency, the 1'1llowltlg
information shall be provided:
(a) Name of applicant:,
(b) Mailing address:,
(c) Telephone number: Area Code ( )_
(d) Application number, ifany:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes D NoD
If yes, which state or federal agency?
C. DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of South old that enhances community chara<tter,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation
criteria.
DYes D No ~otAPPlicable
Attach additional sheets ifnecessary
-P'olicTZ;-P-toleCf'anCl-pteserve IIislotrc-andarcIIaeoIOglcarYesourcesormeTO\viiOf'SOll thold:'See- L WRP --
Section III - Policies Pages 3 through 6 for evaluation criteria
n_tr~:s--D Nom Not APPlicable-
,
Attach additional sheets if necessary.
.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
DYes 0 No t'3lNotAPPlicable
-------.------ -------.-------
-----._--~_._~._-~-~-
-~----_..._-----
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP
Section III - Policies Pages 8 through 16 for evaluation criteria
DYes D No ~otAPPlicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
DYes D No ~ot Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish an~ WildlifelIa_bit.atslInd wetl~nds~_See L\"\I~ Sectl()n-1!I- Polki~~il'l!g~s 22
. through-If for eiaJuatio.n-crihiiia,
o Yes DN~ NotAppli~able
<. '
.
.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III _ Policies
Pages 32 through 34 for evaluatiou critel'ia.
D Yes DNo~NotAPPlicable
-------~_._.~_.---
Attach additional sheets if necessary
Policy 8. Minimize enviJ'onmental deg.-adation in Town of Southold from solid waste and hazardous
substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
Dyes D No ~ot Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
,
resources of the Town of South old. See L WRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
o YesD N~Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent IIses in
suitable locations. See L WRP Section III - Policies; Pages 47 through S6 for evaluation criteria.
-BYes E}N~ NofAljijlicahle
.'
':'
.
.
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters, See L WRP Section III - Policies; Pages 57 througb 62 for evaluation criteria.
DYes 0 NO~PPlicable
_..._-...__..._--~.-._----~~---
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town' of Soutbold. See L WRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
DYes 0 No~tAPPlicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP
Section III - Policies; Pages 65 tbrougb 68 for evaluation criteria,
DYes 0 No ~ot Applicable
Created on 5/25/05 11:20 AM
_TRANSACTIONAL DISCLOSURE F~
APPLI LE TO OWNER, CONTRACT VEND~ AGENT:
0", \'''Q. L
The Town of Southold' s Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
(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: (Ch/at apply.)
~
~ePtion
'Other
Approval or Exemption
from plat or official map
Change of Zone
Tax Grievance
'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 bv
blood. marriae:e, or business interest. "Business interest" means a business, including a
artnershi in which the Town officer or em 10 ee has even a artial ownershi of or
em 10 ment b a co oration in which the Town officer or em 10 ee OWns more than 5% L~__
_-,.hares~____u
YES
---@
;VO
.
lfyou 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, agent or contract vendee) and the
Town officer or employee. Either check the appropriate line A through D (bclow) and/or
describe the relationship in the space provided.
The Town officer or employee or his or her. Spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non~corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
(\... --
Submitted this 1 day o~ "" \1'\.(_ ') 0 Cl1
SIgnature: ~
Print Name:
G-flRY c;.u JA
fEHNANLJAr "tlRA
NOTARY PUBUy, State of New YOlk
No. 01..6155040
~~~'20'O ,
~Ck P 0~
Date: 11/27/07
Transaction(s):
.
Town Of South old
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
1
1
Application Fees
Check#: 915
Name:
Guja, Gary
372 North Drive
Mattituck, NY 11952
Clerk ID: MICHELLE
.
Receipt#:
Reference
6116
Total Paid:
915
Subtotal
$150.00
$150.00
Internal 10: 6116
~.."..,. I G arlj.
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?d 17~Jj/o1 AAA ~7107
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.
.
ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
.
DATE: 11/26/07
ZBA# NAME CHECK # AMOUNT TC DATE STAMP
6115 DiGregorio, Robert and 2937 $600.00
Mary Kate
.
.
..:,...
6116 Guja, Gary 915 $150.00 NOV 2 7 2007
lown ~Icrl
TOTAL
$750.00
. .
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
MAP #:
GUJA,GARY
1 06-6-29
#6116
APPEAL: Side Yard Setback Variances
REQUEST: Additions/Alterations
DATE:
THURSDAY, Jan. 24,11:05 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
. ZONING BOARD OF APPEAL.
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: htto://southtown.northfork.net
December 27,2007
Re: Town Code Chapter 55 - Public Notices for Thursday, January 24, 200S Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before January ih :
Please send the enclosed legal Notice, with both a Cover letter including your telephone
number and a copy of your Surveyor Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAil, RETURN RECEIPT
REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. If you know of another address for a neighbor, you may want to send the
notice to that address as well. If anv letter is returned to vou undeliverable, vou are reouested
to make other attempts to obtain a mailino address or to deliver the letter to the current owner.
to the best of your ability, and to confirm how arranoements were made in either a written
statement, or durino the hearino. Rrovidino the returned letter to us as soon as possible:
AND not later than January st : please either mail or deliver to our office your Affidavit of
Mailino (form enclosed) with parcel numbers, names and addresses noted, and furnish it to
our office with the white receipts postmarked by the Post Office. When the green signature
cards are returned to you by the Post Office, please mail or deliver them to us before the
scheduled hearing. If any signature card is not returned, please advise the Board during the
hearing and provide the card (when available). These will be kept in the permanent record as
proof of all Notices.
2) Not later January 14th: please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until the hearing is held. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver your Affidavit of Postinq prior to January 24, 200S.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation.
Very truly yours,
Zoning Appeals Board and Staff
Encls.
Office Location:
.
.
USPS Mailinl; Address:
Town Annex IFirst Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971.0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
November 27,2007
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. 6116
Action Requested:
Within 500 feet of:
Guja
Side Yard Setbacks
( ) 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,
James Dinizio, Jr., Chairman
By:
Enclosures