HomeMy WebLinkAbout6192
APPEALS BOARD MEMBER:
Gerard E Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
'~3095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
FINDINGS, DELIBERATIONS AND :DETERMINATION~/~_~/j.
MEETING OF SEPTEMBER 4, 2008
ZBA # 6192: SEAN GILLAN, Applicant
Location of Property: 220 Apple Court, Southold
CTM 70-1-6.6
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review fails under the Type II
category of the State's List of Actions, without further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This apphcation was referred as required
under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County
Department of Planning issued its reply dated July 17, 2008 stating that this application is
considered a matter for local determination as there appears to be no significant county-wide or
inter-community impact.
BASIS OF APPLICATION: Based on the Building Inspector's June 4, 2008 Notice of
Disapproval under Section 280-15 concerning a proposed accessory garage exceeding 20 ft. in
height with a proposed setback at less than 20 feet from the property line.
PROPERTY FACTS/DESCRIPTION: The applicants' property contains a total area of 22,129
square feet, including of a +/- 12,500 square foot conservation easement in the rear yard. The
property is improved with a single-family, two-story house, as shown on the June 25, 2008
survey prepared by Peconic Surveyors, P.C.
LWRP CODE CHAPTER 268. The activities proposed under this variance application are
exempt inasmuch as there is no natural resource feature, wetlands, bluff or bank areas noted
within 100 feet of the proposed garage.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on August 21, 2008, 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:
Page 2 - September 4, 2008
ZB File No. 6192 -Sean Gillan, Applicant
CTM # 70-1-6.6
AREA VARIANCE RELIEF REQUESTED: The applicant proposes a 24' by 26' (20'8" height)
accessory garage 120 feet from the rear property line (20 feet from a conservation easement)
and 10 feet from the northerly side property line and 10 feet from the northerly side property
line.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted
and personal inspections, the Board makes the following findings:
1. Town Law ~267-b(3)(b)(3)(1). Grant of the variance will produce an undesirable change in
the character of the neighborhood or a detriment to nearby properties. The garage is being
placed in a rear yard and has mature screening buffers. If there garage is moved to the center
of the property, it will be difficult to enter the garage if it is placed at the center of the property.
The garage will be constructed similar to others in the neighborhood. There's a conservation
easement in the rear of the applicant's property that cannot be built on. There's also a safer
vehicular ingress and better viewing of the play area with the garage located in the rear yard as
proposed.
2. Town Law §267-b(3)Co)(2). The benefit sought by the applicant cannot be achieved by some
method, feasible for the applicant to pursue, other than an area variance, inasmuch as the
conservation easement in the rear yard and shape of the lot creates limitations on the available
rear yard for a garage
3. Town Law q267-b(3)Co)(3). The variance requested herein is substantial. Approximately
50% of the applicant's land is a conservation easement that increases the property substantially
to a size that requires a greater setback (20 feet instead of 15).
4. Town Law q267-b(3)(b)(5). The difficulty has been self created, as a result of play space and
surveillance of children, and for safer ingress and egress by his vehicle.
5. Town Law §267-b(3)(b)(4). 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. Town Law q267-b. Grant of the relief requested is the minimum action necessary and
adequate to enable the applicant to enjoy the benefit of an accessory garage, 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 Chairman Goehringer,
seconded by Member Weisman, and duly carried, to
GRANT the variance as applied for, as shown on the Elevation and Floor Plans (Sheets i
Page 3- September 4, 2008
ZB File No. 6192- Senn Gillan, Applicant
CTM # 70-1-6.6
and 2) prepared 5-22-08 by Nancy Dwyer and Site Survey prepared June 25, 2008 by
Peconic Surveyors, P.C.
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 Goeh~~(~liv~S~n~n,~n~j W~sman.
Resolution was duly adopted (4-0). m~i_zio w/~
/' ~D r. GOEHRIN~EI~rIAII~kN 9//?/2008
Approved for F~ng
This
APPLE
COURT
\
\
C ER TILED. TO'
'HARTFORD FUND~IG LTD.
SUPERIOR ABSTRACT CORPORA T/ON
TRW-S-543958H$ .
AREA = 22,129 sq. ft.
OF SECTION 7E09 OF T~ I~ YO~ $TA TE E~UCA TTOff L~I~
The. solar supply and sewage disposal
syslems /or /his residence wig conform
to /he slondords of The Suffolk County
Depot/meal o/Hem/th Services.
JUL Y 15, 1992 (foundation)
The Ioca/ion$ o! we#s ~nd cesspoo/s sl~owl~ korean ore from //e/d Oct. 23, 1992
observellons and or from data oblolned from olhers.
~J~FOLK COUNTY DEPARTMENT 0¢ HEALTH SERVICES
FOR APPROVAL 0¢ CD~STRUGTIOId ONLY
DATE HS. REF'. NO.
92 $0 50
APPROVED
revise tax number
I2108/92
~~~N.Y.$. LIC. NO. 496/8
tbECON/~ ~ .... C ~SLI~/EYORS~ ?.C.
(5/6) 765-50£0
P.O. 80X 909
MAIN ROAD
SOUTHOLD, N.Y. 11971
Z~
REV~
RIGHT 51DE EL[VATION
5CA~: {"= ILO"
LANDING
UP
~ DOOR5
2 ,~x~
A~OV~ ALL WINDOWS
D O0 P.5 L
INDICATED
2- I~X I I~"LVLH~DER.
GARAGE PLAN
&GALE: 42''= I'-0"
L
LANDING
ATTIC
UGHT STOP, AGE
ADOVE GARAGE -
UNH EAT~O, UNFINISHED
SECOND FLOOP-. PLAN
SCALE: 4/-''= I'-0"
~V!EWED BY' ZBA J
SEE DECISION ~
Zzc~
':::'8,
PAGE:
2
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: June 4, 2008
BOARD OF APPEALS
TO: Scan Gillan
220 Apple Court
Southold, NY 11971
Please take notice that your application dated May 22, 2008
For a permit for construction of an accessory garage at
Location of property: 220 Apple Court, Southold, NY
County Tax Map No. 1000 - Section 70 Block 1 Lot 6.6
Is returned herewith and disapproved on the following grounds:
The construction to an accessory garage, is not pertnitted pursuant to Article III, 280-15
which states:
"In the AC... districts, accessory buildings & structures or other accessory uses ~hall be
located in the required rear yard, subiect to the following requirements:"
On lots between 20,000 & 39,999 the minimum setback for a greater than 20' structure is
20'.
The proposed construction drawing indicates a setback of 10'.
nat re
f For Office Use Only
Fee:$ ~ FiledBy:L ~ Date assigne~assignment No.
omce Notes:
.......... ..... _ /
House No.~.~ ~ ,~, ~ t/', ,~ Hamlet ,/'~ ~
. 00O ectio. .
I (WE) APPEAL T~ ~T~N DETE~INATION OF TH~ B~DING INSPECTOR
DATED ~BASED ON M~ DATED /O/~ ~/a ~_
Applicant(s)/Owner(s): /
MaifingAddress: ~ ~ ~ ~/ ~t/~ ~~ ~
Telephone:.~. ~ f~~ Email:
NOTE: In addition to the above, plea~ complete below if application is signed by applicant's attorney, agent, archi(oct, 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:
-~LApplicantJOwner(s), or [] Authorized Representative, or [] Other Name/Address below:
WHEREBY THE BUILDING INS~.ECT~R I~EVIEWED MAP DATED
AN APPLICATION DATED ~'~c)"-/~7 ~ FOR: ~Building Permit J ~ '
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
DOther:
and DENIED
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance~..~.pumbers. Do not quote the code.)
Article,S__ Section 280- ~/..~ Subsection
Type of Appeal. An Appeal is made for:
· 'A 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 ~ has, [] has not been made at any time with respect to this property~ UNDER Appeal
No. Year__. (Please be sure to research before completing this question or call our offtce for
assistan ce.)
Name of Owner:
ile# $!
REASONS FOR APPEAL (additional sheets may be used with preparer's signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if ~ranted, because:
(2) T..~h7~o~ b b y om Ible
applicant totpursue, other tJ~hn an area variance, because:
(3) The amouht of ~ief requested i~fiot spbstantial because:
/ /
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
(5) Has the alleged difficulty been self-created? ( )Yes, or__(~No.
Are there Covenants and Restrictions concerning this land: [] No. ~ Yes (tdease furnish cony).
This is the MINIMUM that is necessary and and/at ~h~lsame
adequate, time preserve and protect the
character of the neighborhood and the health, safety, and wtfar~ the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQU~ED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCESHEET: (Pleasebesure~
S'~~6ellant or Authorized Agent
from Owner)
Sworn to before me this
day .f,~ ( , 20{~___.
~dtary-Publi'c "' '
NOTARY PUBLIC, STATE OF NEW ~
NO 52-4624771
O,.. L..c.D IN SUFFOLK COUKqY ,
COMMISSION ~bXPIRF~ NOV $0. ~0.~
Applicant:
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
For Demolition of Existing Building Areas
II. New Construction Areas ~ew Dwelling or New Additions~xtensions~
Dimensions of first floor ext=sion:
D~mens~ons of new second floor: ~:
Dlmenstons of floor above second level:
Height (from fimshed ~o~d to top of ridge):
Is basement or lowest floor area being cons~cted. ~f~s, pleas~promde height (above
measured ~om natural existing ~ade to first floor:
IlL Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations:
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.,,.~. E ~-~j :~
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relat se~._to tile diff'itulty in meeting the code requirement(s):
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.
;I/2002; 2/2005; 1/2007
Town of Southold - Letter
Board
of January 16, 2007
reduce the impact of accessory buildings on adjoining residences. These changes shall apply to
the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400
and Agricultural-Conservation (A-C) zoning districts. '
II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows:
§ 280-4. Definitions.
FLAT OR MANSARD ROOF--Any roof that has a pitch of less than 3:12.
HEIGHT OF BUILDING, .ACCESSORY -- The vertical distance measured from the average
elevation of the existing natural grade adjacent to the building, before any alteration or fill, to the
highest point of the roof for flat and mansard roofs and *~ '~' ..... ~. :~., ~.~, .............. a
· ' 'dg '
.:a~ ~. ~,~, ....... co , and to the highest point of the n e for sloping and other type roofs.
SLOPING ROOF--Any roof that has a pitch equal to or greater than 3:12.
§ 280-15. Accessory buildings and structures.
In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and
R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the
required rear yard, subject to the following requirements:
A. S',:ek Buildings with a flat or mansard roof shall not exceed ~ sixteen (16)
feet in height and shall be set back at the minimum required for a sloping roof.
B. Buildings with a sloping roof shall be subiect to the following height and setback
limitations:
Lot size
Maximum Height
Minimum Setback-side and/or rear
(square feet) (feet) (feet)
Less than 10,000 18 3
Less than 10,000 20 5
Less than 10,000 22 10
10,000- 19,999 18 5
10,000- 19,999 20 15
__.10~000- 19,999 22 20
20,000- 39,999 18 "7 10 7
20,000- 39,999 20 & 15
20,000- 39,999 22 20
40,000 -59,999 22 15
_60,000-79,999 22 20
80,000 and over 22 25
Generated January 22, 2007 Page 66
· ~ ~ ~Own ofSouthold -
RESQLUTION 2007-127
ADOPTED
Meeting of January 16, 2007
Item # 45
DOC I]D: 2544
THIS IS TO CERTIFY THAT THE FOLLOVONG RESOLUTION NO. 2007-127 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 16, 2007:
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County,
lth
New York, on the 9 day of December, 2006 a Local Law entitled "A Local Law in relation
to the Size~ Height and Setbacks for Accessory Buildings" and
WHEREAS tile Town Board of the Town of Southold held a public hearing on tbe aforesaid
Local Law at which titne all interested persons were be given an opportunity to be heard, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 of tile Town Code
and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has
recommended that this action is consistent with the LWRP; and it is therefore
RESOLVED that this action is CONSISTENT with the LWRP; and it is further
RESOLVED that tbe Town Board of the Town of Southold hereby ENACTS the proposed
local law entitled, "A Local Law in relation to the Size~ Height and Setbacks for AcCessory
Buildings" reads as follows:
LOCAL LAW NO. 2 of 2007
A Local Law entitled "A Local I aw in relation to the Size, Height and Setbacks for Accessory
Buildings"
BE IT ENACTED by tile Town Board of lhe Town of Southold, as follows:
I. Purpose- Tile puq>osc of this Loc~d l.aw is to establish cleat' standards goxerning the
maximum height, size and setbacks fat' accessory buildings and other accessory structures, in
order to further preserve the character of' single-fanfily neighborhoods, These changes will
Generated January 22, 2007 Page 65
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TO~I HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork.net
Examined ,20__
Approved 20__
Disapproveda/c .~E £!.! i/
Expkafion .,20
PERMIT NO.
BUILDIN(~IIT APPLICATION CHECKLIST
Do you~ave or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Flood Permit
Storm-Water Assessment Form
Contact:
Mail to:
Phone:
.................. ::..~ Building Inspector
' ~ i;~ APPLICATION FOR BUILDING PERMIT
~. 22 ~! Date
- a. Thi~'"rpp~fi ~}completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
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
i-osues 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 Buildin~ermit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable/L/~fis, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolitio~/a~)~rein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, an~. r~ations, and to admit
authorized inspectors on premises and in building for necessary inspections. ~
(~ign~ ,~f~{~pl~ant or name, if a corporation)
t.~ ~ ~ ,- ~a~/n~_~ address~-~o~applicant)
State whether applicant essee, agent, architect, engineer, general contractor, electrician, plumber or builder
' (As o~the'~a~roll Or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders LicenseNo.
Plumbers LicenseN0.
Electricians LicenseNo.
Other Trade's License No.
1. Location of land on v(!~h pro~sed
House ~N'~m"'be~ '/'*'/~tr~t
County Tax Map No. 1000
Subdivision
work will be done:_
Section ~. 0 Block /
Filed Map No.
Uot
Lot
2. Stage existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy
b. Intended use and occupanc3(
3. Nature of work (check which applicable):~iffng~,4/'.~, ~, t~,,Addition
Repair Removal Demolition ,.,f (~ther Work
4. Estimated Cost /"'f~ z~,~f Fee
5. If dwelling, number of dwelling units
If garage, number of cars r~
Alteration
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, 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
Depth Height Number of Stories
8. Dimensions of entire new construction: Front ~ fi24'/~7/ Rear .~ ?~/
Height c,?/..) Number of Stories ~
Rear
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
12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO
13. Will lot be re-graded? YES NO ~ Will excess fill be removed from premises? YES
14. NamesofOwnerofpremises ~ ,3//~/.., ~_~t~.~,Address,,'~e~ ,~.,~.,,/~& ~/f'~PhoneNo.
Name of Architect '-'~ - Address - ~'f' Phone No
Name of Contractor Address Phone No.
NO '
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES 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.
18. Are there any covenants and restrictions with respect to this property? * YES __
· IF YES, PROVIDE A COPY.
NO
STATE OF NEW YORK)
SS:
--,_.... ~ being duly sworn, deposes and says that (s)hc is the applicant
(Name of individual signing contract) above named, CONNIE D. BUNCH
Notar~ Public, ~ ~f ~ Yod~
(S)He is the No. 01806185050
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have'
that all statements contained in this application are tm~e to the best of his knowledge and [
performed in the manner set forth in the application filed therewith.
application;
and that the work will be
Sworn to before me this
20
NotaryPublic
performed the said worJ[~ad to make and file tiffs
~v/S~&re of Applicant
DEPARTMENT OF PLANNING
iI OUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
July 10, 2008
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
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 determination should not be construed as either an approval or disapproval.
Applicant(s)
Municipal File Number(s)
Zoitas 6x~
Gillen
Walker
Very truly yours,
Thomas Isles, AICP
Director of Planning
TRK:cc
S/sTheodore R. Klein
Senior Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-5190
~00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER (631) 853~4044
QUESTIONNAIRE
FOR FII lNG WITH YOUR Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
[] Yes '~.2qo
Are there any proposals to change or alter land contours?
~ No [] Yes, please explain on attached sheet.
Are there areas that contain sand or wetland grasses?
1)
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? ,/g,/c,,',.d
Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? ~'t'~ (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do you have any construction taking place at this time concerning your premises?
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.9~,~t_//.~ If yes, please label
the proximity of your lands on your map with this application.
H. Please list~ use or operations conducted at this parcel
~ and proposed use ~c'~'.a~,
mily; proposed: same with garage ~prool, or'~t,~er de~cri'pt~o~0~.~
Authorized f:d,~lture and Date 2/05; 1/07
TRANSACTIONAL DISCLOSURE FORM
APPLICAB~T.O OWNER, CONTRACT VENDEE ~ AGENT:
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 o£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: (Check ali that apply.)
Variance
Special Exception -- ~
*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
relationship with any officer or employee of the Town of Southold? "R ' ' . ,, a
..... t~elat~onshi "includes b
blood,~_marria eg~_or business interest~ ~Bus~nes~s interest,, means a business includin~gg~
l~artnershi~ in which the Town officer O~e has_even a~partial OVmers~
~r~ment by) a corporation in which the Town officer or em- 1o ee owns more than 5% o_~f the
YE8 ~___ NO
If you answered "YES'; complete the balance of this form and date attd sign where indicated.
Name of person employed by the Town of~oth~ld:
Title or position o£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 (below) and/or
descr/be 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.
DESC1L1PTION OF RELATJ.,ONSH~
Submitted this
Signature:~
Print Name:
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
June 19,2008
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
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. 6192
Action Requested:
Within 500 feet of:
Gillen
Setback Variance
( X ) State of County Road
( ) Waterway (Bay, Sound, 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,
Gerard P. Goehringer, Chairman
By:
Enclosures
APPEALS BOARD MEMBERS~
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road ° P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
September ~ 2008
Mr. Sean Gillan
220 Apple Court
Southold, NY 11971
Re: ZBA # 6192 - Application by Mr. Sean Gillan(Variances)
Dear Mr. Gillan:
Enclosed please find a copy of the Zon/ng Board of Appeals determination
rendered at the September 4, 2008 Meeting.
Please be sure to contact the Building Department for follow-up regarding
documents that may be required in the next step of applicable code reviews and
building permit application process, and concerning any other agency approval,
before commencing construction activities.
Thank you.
Very truly yours,
Linda Kowalstd
Encl.
D[C~ANA?~ON Or COVe#AN?!
iI:C'TIOI
OF Al
J
ALL thee certain plot, pioc* or parcel of lend, with the
buildings odd improVEOeote thereOn erected, situate, ~yi~9
&~d being in the village &nd Town of So~thold, County of
S,ffoik ind StiLe o! ~ York, boundnd and described os
BEGItmZ~G at e.point off the wsterTy side of ~ain Bead
or place of b~Jloo~ng be~J distant 917.00 feet, ~oro or
of the wotoriy side of hetn Road With tho ~notheriy. olde
forunriy of ffarguerite
I~L~C[ north 77 degrees 00 minutes 00 seconds wet along
last Mfl~,Ac~d land, 120 feotl
111E~ south 21 deqr~eo S~ minutes 00 seconds ~eet
THL%qCI: north il de~rre~S 12 minutes 20 seconds west
I of uougLss,feix sad #LliiaJ Crovford, .
nov or fo~merZy of trover RLli Building corp.,
I~4~14C£ north IZ dngrees $0 miasmas 10 seconds esot ilo~J loss
last ~entloned ~6fld, 474.11 feet~
~ ~uth l? d,qrfs 20 ~lfluteq 40 le~nds ws~ olo~
1dot Mnti~ Za~, 124.54 f~ to 1i~ ~ or fomrAy .
Lest Mntio~ lo~ ~ or fo~rly of Ja~ rra~e o~
(-A~FOBOASLE HOVSI~G $~CTZO~)
that cartel- plot, piece or i)~rca~
~,l.iu..n. lnp._.o....:;:t:,~h.%::
~tn~ end ll~s n~ or fo~x.ei O0 leCU~l Meat I~ong
~s worth
,,.,_.., ,,.,, ,..,
Coa~etul~-~.OX JLcre..
2110
EDgON & BRUER ESQ8.
P.O. Box 14d6
8ou~ld. NY 11971
' 11349P 462
DECLARATION OP COVENANTS AND RESTRICTIONs
THIS DECLARATION made thi- ,~L_ _ .d~
3SOUTMOLD VILLAS i~,- _ . u / oay ot ;~f~'~-- .....
~%~Place of b ~.~._ "~[, _~ New YOrk corporation . . , z~,. Dy
; ~ .aa ~a8 for SU t__ Use a,d en'o me ·
PREMISES COvenants ~-~ -- ~h. PUrposes determined to )~..~ of sa%~
.. -.% PREMISES shall be held a~d shall be COnveyed subject to
"%Covenants and restrictions:
'~??// 1. DECLARANT has made applicati
Department of o~ to the Su
DISTRICT Health Services . . ffolk County
aooo for a permit to
- =pprova~ o£ a subdivist . ~. ~on~tru~t, approval of l
SgCTZoN , .o.. ~, u~ve,opment on the pREMi~?s
070.00 2, As a condition ~or the approval of th~ DEPAR~HEN~ off such
aLOCK application, ~he Declarant agrees that there shall be no
01.00 further division of the premises described hereln and thai
said premises shall remain as e'
lghteen lots, one of which
shall contain sixteen (16) condominium units.
006.001
As a condition bf approval by the DEPARTMENT Of the
Subdivision or development application, ~he DECLARANT
COVenants that there shall be no COnveyance of any plot
Unless public water is extended thereto. This Shall not
prevent a conveyance of the entire subdivision subjecg to
this covenant.
The DECLARANT, ltSeSUCcessors and/or assigns, Cove
~rOtecting the .... ~. ~pace for the ..... --~- -=reto,
foregoin ..... Y be apPronriate ~- -[ zntenance
. ~-cner of the pr~mises. ~ ~ne essential nature
?he DECLARANt, Its sUCCessor and/of assigns shall set forth
these Covenants, agreementu and declarations in any and all
leases to occupants, tenants and/or lessens of the
above-described psoperty and shall', by thais terms, sub~ect
same to the COVenants and sestsictions conta£ned hereln~
Failure of the DECLARAN~ Its successors and/or assigns to
so conditiOn ~he leases shall not invalldate their automatic
sub~ugation to the COVenants and ~.es~ictions.
All of the covenants and sestrict~ons contained herein shall
be coostsued to be tn addition ~o and not in derogation o~
llmitatlon upon any Provisions of local, State. and fedesal
la~s, ordinances, and~or regulations la effect a~ .the time
of execut£on of this agreemeot~ os at the time such la~s,
osdlnances and~or regulations may theseaftes be revlsed,
amoaded~ or PSOmulgatsd.
?his document is made subject to the provisions of all laws
sequlred by la~ or by thels psovlslons to be incorporated
hesein and they ass deemed to be Incorporated herein and
made a Part hereof, as though fully set
The aforementioned Restrictive Covenants shall be
enfosceable by the County of Suffolk, S~Ate of Ne~ York~ by
Injunctive ge/ltl or by any Other remedy in equity ot at
la~. The failure of said agencies oc the County of Suffolk
to enfosce the same shall not be deemed to affect the
validity of this Covenant nor to impose any liability
~hatsoever upon the County of SUffolk or any officer
eaployee thereof.
?hese COVenants and restrictions shall tun ~lbh the land and
shell be binding upon the DECLARAN?~ Its successor and
aaolgns~ and upon all Persona or entitles claiming Under
them, and say be tet;~nete~, revoked o~' amended by the O~nes
of the Premises only ~lth the ~s*~tten consent of the
DgPARTNE~o
SOUTHOLD VILLAs~ /NC. __
and being certain pZo~, Plane or parcel of land, Sl£ua~a in the Village and Town of Sou
and SCans of How York, bounded .~ ~ Chold, Co .... L Y ng
.... u aescrlbed as v-~cY sc ~Uffolk
~GZ~ZNC at a po/nc On tho westerly aid
~ouce 25) ac the aOeCheaacorly corner of · of ~sla Road ~.~
Jane Pranks and Thomas Franks, Said st lend now or for~
being dlscan~ 917 feet, more or la o P- nc Or'place of ~ of
· Southerly olde of ~- ~ of. tho v-.Corl~ s.~_ _
~s=~ SOuth 13 degrees O0 ~lnu=ea
the westerly Side yf Hain goad, I00 foec ~oO0 seCOnds Yegg alert
of Harguertce Young,land nov o~
· * ~rmerly
T~HC~ ~orch
77 degree~ O0 ~ln~ces O0 aeco~do YeaC
aenCloned lend, 120 foot, · .
rgE~Cg South 21 de r *
laa~ meat g eeo 56 mln
lamed lend, ~26.42 ree O0 saconde Veac sell1 along
TH~NC~ ~or~h fll da Fees mi "
or. formerl of D~,.~--- .1~ autos 20 sac .
~r formerly of Anna
~lo~er ~111 ~nt'ld}ng Burn'ec~ and awf~u~ along land no~
Corp.; ~40.46along land no~ or fornerly o£
fee~;
~HE~CE ~OrCh 1.2 degrees $0 sinuses 10 Seconds East along Iasc
monClOned land, 28
T~E~CE ~orth 75 degrees 43 minutes 10 ao
~en~lOned land,
Hamblo and T , Eeoc CO lan _ toads VoaC
homos E. ~emblo; ~ no~ o. formerly of along Iasc
Ann D/l/er
T~E~CK Morth 31 degrees Ol minutes 50 Seconds East along last
~enClOned land, ~00.83
Haan and Joan Haan; to land now or formerly of Russell
T~gMCE SOuth 42 degrees 49
mentioned land 384.77 £ee£; minutes 50 Seconds £asc along Iasc
TtlEHC£ Hatch 30 degrees 32 ~lnUces 00 second
men£1oned land, 1.$0.02 [eec; .
Contlnu~ s Ease alon~ Iasc
/ THENCE South 72 degree..~6 .1autos 10 ascend. Enac nlon~ laa't'*
/ mencl°ned 1'nd 474'-11 ,'et.; * ,
/ ~HEHCE South 73 degrees
?HEHCE South 17
mentloned Znnd, 119.20 £eec;
· ~E~CE South 75
degrees 38 mlnuces '
nen£1onad land~ 124.54 £e~C Co land nov
~nnke;
T~K~CE South 16 degceea 39 mlnucea 30 eecond~ Vest aAon~
mentioned land, no~ or ~ormerZy o~ dana ~rank~
i1349P£466
SCHEDULE B
CONSENT OF MORTGAGEE/LIENOR
DECLARANT SOUTHOLD VILLAS, INC.
H.D. REF. NO. #91-093(SO)
In the matter of the application of SOUTHOLD VILLAS, INC.
The undersigned, THE NORTH FORK BANK & TRUST CO., havin~ its principal
office at 9025 Main Road, Mattituck, N.Y., as holder of a mortgage or
lien on premises described in SChedule "A" of Declaration annexed
hereto, hereby consents to the annexed covenants and'restrictions on
said premises.
STAT~ OP N~ YORK)
)SS.:
COUN~ O~ SUffOLK)
TRUST CO., by:
~oOn the~ ~"day o.f
~ ~O--~-V-~uJic~:~ , 1991, before me personally came
d depose ahd sa-- t~ ~ - , 9o me known, who beiag b me dul
the foregoing instrument; . .
...... ~mu~a:lon described in a.d which executed
~ · .
'1'349 467
SCHEDULE B (2)
CONSENT OF MORTGAGEE/LIENOR
DECLARANT SOUTHOLD VILLAS INC.
X,D. REF..NO. ~91-093(SO)
In the matter of the application of SOUTXOLD VILLAS, INC.
T~e undersigned, '
~o.~, N.Y., as holder of a mortgage or lien on premises described in
Schedule "A" of Declaration annexed hereto, hereby consents to the
annexed Covenants and res~ricti~nS~said premises.
)SS.:
COUNTY OF SUFFOLK)
On the /O~/~ay of /'/Q/-~L/ , 1991, .before me personally came .
OBORG~. WIESER, to me known Go be the individua1 described in and who
executed the foregoing instrument and' acknowledged :hat he executed
the same.
u~t of competent
cooley O;'".-SU~Or.K~ Ss:
Psragraph'~'~l~Ue~;' '~ase or
and restrictions shall, by a
r Jurisdiction; be adjudged illegal,
Unlawful, invalid, or held to be Unconstitutional, the Same
shall not affect the val. idity of these Covenants aa a whole,
or any other pact or Provision hereof othec than the part so
adjudged to be illegal, unlawful, invalid or unconstitu-
tlonal.
r.Ocal Law ~2'19~0 ~_rhe. DECLARA,? represents and
that he -
State~ or ~..~ ~gent of Suffolk Cou~ .
of securing favorabl~ ;, ~a cae PUrpose or intent
treatment wit~ respect to the
and ia familiar With the provisions of LOcal Law J32-1980.
SOU?H D 2LC.AS, IN .; by:
aec Saidmehc~ Secretary -
On the /~t~day of ~/~/~_ , 1991, before me personally came
Innac saidmebr~ to me known, who helm9 by me duly sMorn did depose and
T say that he resides at 97 Crowfl Nent Court, ~anhaaaet, H¥ ll03o~ that
he la the $~Cretary of Southold Villas, Inc., the COrporation
described in and Which executed the foregoing Instrument; that he
known the nell oi Said COrporation~ that the seal ia affixed to said
lgntrUment ta'~ SUch COrporate aeal~ that it Waa ao affixed by Order of
the BOard of Directors of said COrporation, and tha~ he Signed
name thereto by like Order** ·
!1349 461
RECORD AND'RETUR~ TO:
RudOlph H. Bruer, Esq.
Edson and Bru~r
?,0. Box 1~6~, lqa~n Road
Souchold, New York 1~971
11349 455
AM'~-~--DENDMENT T~OODECLARATioN OP
THIS DOCuNENT amends the Declaration of COVenants and RestriCtions
made by $OUT~oLD VI~LA$, iNC.,,a New York COrporation having its
Principal Place of business at 97 Crows Nest Court, Nanhasset,
~lO3o~ dated February 27, 1991, and recorded in the .SUffolk COunty
Clerk.s Office on Hatch 15, 1991, in L/bec 11232 at page 374.
NO~ ~EREPo~B, Declarant'hereby modifies the above declarations, as
fOllows:
/~ '~ numbered "2' la hereby deleted.
; W"~;t ~ B. Paragraph numbered '5" is amended to substitute:the WOrds 'public
~9~?,.~hearing. in Place of the wOrds 'Prelimfnary
twice within the Paragraph.
DiST C. hearing,, which appear
Schedule "a" (DesCription of Part of prem~ses_~ffordable housing
~000 section) attached hereto, Js hereby added.
SEC '
070.00 D. SChedule 'C' (Description of Pact of premiseS-cOndominium
~' at~ached hereto, is hereby added,section)
01.00
B. ~he
Paragraphs,hereinbelow ·
~0~ added, and ~h~11 be effec~v~ (nUmbered
)06o00!
property d ~ only as to'8"' "9" & '10,; Shall be
esig~ated that Portion of the SUbject
_ as the SUBDzvIsION of S~venteen
.lots, containing ~.01O7 acres and more ~17) affordable
Schedule "B, attached hereto: · ParticUlarly described in
8. No Plantings shown on the approved Landscape Plan shall be
destroyed, cut, or r~moved, except as required for disease
control.
9. There shall be no construction of any kind within the areas
designated as conservation easements on the SUbdivision map.
10. There shall be no further SUbdivision of any lot in
Perpetuity.
C. The paragraph hereinbelow (numbered '11") shall be added, and shail
be effective only as to that portion of the subject property
· designated as the sixteen (16) condominium unit SITE PLAN, containing
9.0103 acres and more particularly described in Schedule 'C" attached
hereto:
ll. The following requirements shall be taken to insure that the
"open space & reoreation areas- shown on the COndominium
section of this map remain as Open Space excluded from
future development:
a) A condominium-owners, association shall be. formed to manage
all "Open space & recreation areas..
AsseSSmenf of the "open space & recreation areas. Shall be
based Upon these areas being open space and/or recreational
areas. Such areas should be given a 'zero. assessment and
the assessment records prepared both fo~ th~ open space-&
recreation areas and al/ the ~ffected p~operties within the
condominium complex show that the value of these areas is
"refLected, on. the tax rolls by adding the proportionate
share of the value of the common property to the value of
the remaining properties in the condominium complex.
c) The "open space & rgcreation areas, shall not be subdivided
d} in the future or used for COmmercial purposes.
The condominium-owners, association shall not Use the 'Open
space & recreation areas".as collateral for improvements
Within the condominium COmplex.
e) The condominium-owners, association shall ~eet all
requirements and regulations of the State Attorney General~s
office.
fi These' requirements are necessary not only to protect the
taxpayers of the Town Of Southold but to prevent the county
from having to acquire the property as the result of failure
of the Condominium-owners, a~sociation to pay the taxes on
the "open space & recreation area's- and put these areas up
for sale at an auction of tax delinquent parcels.
: g) Dissolution of the condominium-owners, ~s
/ . prohibited without the approval of the Town Board or the
. Planning Board of the Town 'of Southold.
/ In al! Other respects, the Covenants and Restrictions dated February
L 27, 1991 and recorded on March 15, 1991, in Liber 112
~ ' are confirmed. 32 at page 374,
association shall be
IN WITNESS WHEREOF, the Declarant hereunto sets his hand and seal
this /~-day of g~p~.~7, 1991.
STATE OF NEW YORK
) SS.:
COUNTY OF SUFFOLK )
On the /~ day of~~f ! 1991., before me'~ersonally came
ISAAC SAIDME~R, to m~known, who being Dy me duly sworn, did depose
and say that he resides at 97 Crows Nest Court, Manhasset, NY 11030;
that he is the Secretary of SOUTMOLD
described in, and which executed the VILLASf INC., the corporation
above Instrument; that he knows
the seal of said corporation; that the seal affixed to said instrument
is such corporate seal; that ~t was so affixed by order of the Board
of Directors of said corporation and that he signed his name thereto
by like order.
RUDOLPH H. BRUER
Nofaq, Publ/c. State oi' New Y~k
No. 52-0465530, Sullolk Counlv
Commission Expires Ma,'ch 30, IO~)~,~
~' SCHEDULE
(Description of Fart of P~emises-Affordable Housing Section)
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being the the Village
and Town of Southold, County of Suffolk and State of .New York, bounded
and described as follows:
BEGINNING at a point on the westerly side of Main Road (N.¥.S. Route
25) at the southeasterly corner of land now or formerly of Jane Pranke
and Thomas Franke. Said point or place of beginning being distant
917.00 feet, more or less, southerly from the corner formed by the
intersection of the westerly side of Main Road with the southerly side
of Tucker Lane;
THENCE South 13 degrees 00'minutes 00 seconds West a~ong the westerly
side of Main Road, 100.00 feet to land now or formerly of Marguerite
Young;
THENCE along said last mentioned land the following two (2) courses
and distances:
(1) North 77. degrees O0 minutes 00 seconds West, 120 feet;
(2) South 21'degrees.56 minutes O0 seconds West, 126.42 feet, to land'
now or formerly of Douglas Peix and William Crawf6(~;
THENCE North 81 degrees 12 minutes 20 seconds West along said land now
or formerly of Douglas Peix and William Crawford, land now or formerly
of Anna Eurnett and land now or formerly of Flower Hill Building Corp.
the following three (3) courses and distances:~
(1) North Sl degrees 12 minutes 20 seconds West, 540.46 feet;
(2) North 12 degrees 50 minutes 10 seconds East, 28.00 feet;
(3} North 75 degrees 43 minutes l0 seconds West, 168.41 feet, to land
now or formerly of Southold Villas, Inc.;
THENCE in a northeasterly direction,' along sa'id land now or formerly
of Southold Villas,. Inc., the following three (3) courses and
distances: ,
(1) North 14 degrees 16 minutes 50 seconds East, 314.64 feet;
(2) North 35 degregs 43 minutes 50 seconds East, 145.00 feet;
(3] North 42 degrees 02 minutes 00 seconds East, 169.80 feet to land
now or formerly of Russell Mann and Joan Mann;
THENCE along said last mentioned land the following two (2) Courses
and distances:
(I] South 72 degrees 46 minutes 10 seconds East, 184.03 feet;
(2} South 73 degrees 12 minutes 00 seconds East, 238.03 feet to land
now Or formerly of Marion King;
(continued) '.
Sched. ule 'B" (continued)
THENCE along said last mentioned land
· and 'distances:
the following two (2] courses
(1] SOUth 17 degrees 20 minutes 40 seconds West, 119,28 feet;
(2) South 75 degrees 38 minutes 10 seconds, 124.54 feet to land now or
formerly of'Thomas Franke;
THENCE along said last mentioned land and along land now or formerly
of Jane Franke and Thomas Franke the following two (2) courses and
distances:
(1) South 16 degrees 39 minutes 30 seconds West, 162.55 feet;
(2) South 60 degrees 55 minutes 08 seconds East, 182.68 feet to the
westerly side of Main Road, at the point or place of BEGINNING.
BEING AND INTENDED TO BE the easterly 9.0187 acres of the premises
described ih SCHEDULE "A".
(Description of Part ~f Premises-Condominium S~.on,)~1
ALL that certain plot, piece or parcel of land, with the buildings and
improvements thereon erected, situate, lying and being the the Village
and Town of Southold, County..9f Suffolk and State of New York, bounded
and described as follows:
BEGINNING at a point at the s~theasterly corner of the within
described premises. Said point or place of beginning being the
following five (5} Courses and distances from a monument set on the
westerly side of Main Road (N.Y.S. Route 25) distant 1017.80 feet,
more or less, southerly from the corner formed by the intersection of
the Westerly side of Main Road with the southerly side of Tucker Lane:
(1) Ndrth 77 degrees 00 minutes O0 seconds West, 120.00 feet;
(2} South 21 degrees 56 minutes 00 seconds West, 126.42 feet;
(3) North 81 degrees 12 minutes 20 seconds West, 540.46 feet;
[4) North 12 degrees 50 minutes lo seconds East, 28.00 feet;
(5) North 75 degrees 43 minutes 10 seconds West, 168.41 feet;
RUNNING THENCE from Said point of be in
{??e{i% o~ eiower .iii B.ildin~ p~ nJ]~f=a~n~ i~nd now or
nemoio and Thomas E'. Hemblo; ur :ormeri~ of Ann oilier
TffENCE North 31 degrees 01 minutes 50 seconds East along last .
mentioned land, 709.83 feet to land now or formerly of Russell Mann
and Joan Mann;
THENCE, along said last mentioned land, the following three
courses and distances:
(1) South 42 degrees 49 minutes 50 seconds East, 384.77 feet;
(2) North 30 degrees 37 m~nutes 00 seconds East, 150.87 feet;
(3) South 72 degrees 46 minutes l0 seconds East, 290.08 feet;
THENCE in a southwesterly direction', along land now or formerly of
Southold Villas, Inc., the following three (3) courses and distances:
(1) South 42 degrees 02 minutes O0 seconds West, 169.80 feet;
{2} South 35 degrees 43 minutes 50 seconds West, 14§~0O feet;
(3) SOuth 14 degrees 16 minutes 50 seconds West, 314.64 feet to the
southeasterly Corner of the within described premises and the point or
place of BEGINNING.
BEIN~ AND INTENDED TO BE the westerly 9.0103 acres of the premises
described in SCHEDULE "A".
11349P 461
Ii.-
RECORD AI~' I~TUP. N TO:
Rudblph H, Bruer, Esq.
£daon and Bruer
P.O. Box 14&6, ~in ~ad
Southol~. ~e~ York 11971
9359
DECLARATION OF CONSERVATION EASEMENT
DECLARATION made this /~day of~e,~-~-~- , 1991, by
SOU~HOLD VILLAS, INC., a New York corporation having its principal
place of business at 107 Firestone Circle, North Hills, N.Y. 11576,
hereinafter referred to as "DECLARANT..
WITNESsET~ :
WHEREAS, DECLARANT is the owner in fee simple of a certain parcel
of land situate at Southold, Town of Southold, County of Suffolk and
State of New York, described in SCHEDULE 'A" attached hereto,
contaiaing 9,~07 acres, and designated on the Suffolk County TaX Map
as D/strict 1000, Section 070, Block 01, and part of Lot 006.001;
being part of the same premises conveyed to DECLARANT by deed recorded
in the Suffolk County Clerk's Office on October 16, 1986, in Liter
10146, at page 37, and referred to herein as the "PREMISES".
WHEREAS, the DECLARANT intends to subdivide said premises for
residential purposes and desires to subject said premises to cert~ifl
conservation easements.
-.--/ NOW ~HEREFORE, the D~CLARANT does hereby.declare that the
.~ aforesaid Premises and every portion t
/?~'.,/~.~.~.be conveyed subSect .~~ ..... hereof :s hereby held and shall
'%'~. Schedule ~ ~- ~-= conservation easements (described In
~'~'~ea r~2~:';~.','~'%''' · ._,. onditlons, cOVenants an
~- t-.~.~u~a aerexnafter set forths' ' d
1. NO Pla, tings shown on the a~p:oved Landsca e
destroyed, c~t, or removed ....... P plan shall be
~ =auep= as req~lred for disease control·
2. There shall be no construction of any kind within the
designated conservation easements. '
OCT ~8 199~
] ~' TRANSFER lAX ~'
m SUFFOLK
[ CPU )Y
~'A' (continued)
~C~ along said last mentioned land the follov£ng two (2) courses
f and distances: ·
T,~C~ along said last mentioned land and along land now or formerly
of Jane Pranke and Thomas Franke the following two (2) Courses and
distances:
(1) South 16 degrees 39 minutes 30 seconds West, 162.55 feet~
(2) South 60 degrees 55 minutes 00 seconds East, 182.68 fee= to the
westerly Side of Rain Road~ at the point or place of BEGINNING.
COnservstion Easement
(1.33167 ac.)
ther land how or for
.'' '~'a~W.~.~'{ ~ ..... mer~y of sOuthold vi/las, Inc.;
THENCE along said'Other land now or'formerly of Southold Villas, Inc.,
'North 42 degrees 02 minutes 00 seconds .East, 27.54 fee~ to land now or
formerly of Rus~el~ Mann & Joan Mann;
T~ENCE along said last mentioned land the following two (2) COUrses
and distances:
(l) South 72 degrees 46 m~Utes 1~ seconds East, 184.01 feet;
(2} South 73 degrees 12 minutes O0 seconds East 238.03 fee: to land
now or formerly of Marion King;
THENCE along said last mentioned land, and along lands now or formerly
of Thomas ~:anke, and lands now or formerly of Jane ~ranke and Thomas
~ranke the fo/loWing four (4} courses and d~Stances:
(1) ·
that certain plot, piece or parcel of land situate, lying and
".being the the Village and Town Of Southold, County of SUffolk and
'State of New York, shown and designated as "Conservation Easement-A.
On a certain map entitled "Preliminary Plan Map of Southold Villas at
$outhold, Tows of Southold, Suffolk CoUnty, N.y.", made by Peconic
Surveyors & Engineers, P~C., Southold, NY, las~ dated 1/16/91, being
more Particula~ly bounded and described as follows:
~EGINNING at a point on the westerly side of Main Road (N.Y.S. Route
25) at the southeasterly corner of land now Or formerly of Jane Franke
and Thomas ~ranke. Said point or place of beginning being distant
917.00 feet, more o~ less, sOUtherl ~rom
tntersectlon'of'~'the'westerly side'of the corner formed by the
Main Road with the southerly side
of TUcker Lane;
RUNNIN~ TMENCE along the northerly line of a ro ,
~_~?ignaced as "Orchar~ Lane' ^- -~- -~ ~ ~osed 50 right of
~v~auwlng two 2! , ... ..... = ~. ~-.. ~.c uoovere~erenced map, the
( · -O.~o=a .au ~lscances:
(1) North 77 degrees 00 minutes 0~ seconds West, 260.80 feet;
(2) =hence along the arc of a curve bearing to the left having a
radius of 371.46 feet, a distance of 19.01 feet =o the southeasterly
Corner of Lot ~17, as shown on said abovereferenced map;
THENCE along said Lot ~17, along Lot ~16, and through Lots ~13~ #12,
~ll and #10, shown on said abovereferenced map, the'following five (5)
courses and d/stances:
(1) North 16 degrees 39 minutes 30 seconds East, 120.00 feet;
(2) North 73 degrees 20 minutes 30 seconds West, 125.59 feet;
(3) North 17 degrees 20 minutes 40 seconds East lug.61 feet;
~4) North 73 degrees 12 minutes 00 seconds West, 137.88 feet;
(5) North 72 degrees 46 minutes l0 seconds West 195.65 feet to a
South 17 degrees 20 minutes 40 s
(2) South econds West, 119 2 .
75 degrees 38 mi-ute . 0 feet,
(3) South 16 de ........ s 10 seconds East. 12~ ~ ~-~-
(4) SOUth 60 ~-~=u a~ ~lnutes 30 Seconds West' 1 .... t==c;
degrees 55 minu , 62.55 ~eet;
westerly res O0 seconds East 1
· ~" ' SCHEDULE C
~' Conservation Easement "B" (1.41740 ac.)
~'~. tha~ certain plot, piece or parcel of land situate~ lying and
~bei~g the the Village and Town of Sou~hoZd,.Councy of
~ 8~ate Of Ne~ork, shown and designated aa Conservation Eaae~ent-B
on a ~ertatn ma~ entitled 'Preliminary P/an Map of SoUehold Villas ab
Southo~d, ~own of Southold, suffol~ County, N.Y.", made by Peconlc
SurVeyors & ~gineera, P.C., Southold, NY, last dated 1/16/91, being
more particularly bounded and described as follows:
BEGINNING at a point on the westerly side of Main Road (N.Y.S. Route
25) a~ the northeasterly corner of land now or formerly of Marouert~e
Young. Said polBt or place of begi~ning being distant ~017.0~ feet,
more or les8~ southerly from the corner forme~ by the i~tersection of
~he westerly side of Main Road with the southerly side of Tucker Lane;
THENCE alon~ said last mentioned ~a~ ~he following two (2)'co~rses'
and d~8~ance8:. ', ..'
(l) North 77 degrees 00 minutes O0 seconds West, 120.00 feet;
(2) Sou[h 21 degrees 56 minutes 00 seconds West, 126.42 feet, to land
now or formerly of DOuglas Peix and William Crawford;
THENCE along said last mentioned land, land now or formerly of Anna
Burnett and [and now or formerly of FlOwer Bill Bulldin~ Corp., North
81 degrees 12 minutes 20 seconds West, 429.07 feet to the eae/erly
side of a proposed 50' right of Way, shown and designated on che
abovereferenced map aa "Blossom La."
THENCE along the easterly line of the said "Blossom La.' and along the
eoucherly line of "Orchard Lane", shown on said map, the following
four (4) courses aRd discaRces:
(1) North ~4 deqrees 16 minutes 50 seconds East, 152.34 feet;
(2} thence alon~ the arc of a curve bearing to the right having a
radius of 25.00 feet, a distance of 39.27 feet;
(3) South 75 degrees 43 minu~es 10 seconds East, 65.15 feet;
(4) thence along the arc of a curve bearing to the left having a
radi~s of 369,?9 ~eet, a dis[ante of 77.83 feet to the northwesterly
THENCE along Said Lot ~2 and along L'ot ~3 shown on said map the
following [hree (3) courses and
(1; South U2 degrees 13 minutes 15 seconds West, 119.43 feet;
(2) South 81 degrees 12 minutes 20 seconds East, 140.00 feet;
(3) North 21 degrees 56 minutes 00 seconds East, 133.31 feet to the
southerly line of said "Orchard Lane";
THENCE along the southerly line of said "Orchard Lane', the following
two (2) courses and distances:
(1) South 77 degrees 00 minutes 00 seconds East, 188.39;
(2) thence along ~he arc of a curve bearing to the right having a
radius of 25.00 fget, a distance of 39.27 feet to the weE. erly side of
Main ROad (N.Y.S. Route
THENCE along the westerly aide of Main Road (N.Y.S. Route
degrees 00 minutes O0 seuonds Wear 25.00 feet ~o t '
of BEGINNING. ~ , he point or p~ace
Conservation ~asement 'c" (.16727 ac.)
ALL t~at certain plOte piece or parcel of land situate, lying and
be£ng the the Village and Town of Sou:hold, County of SUf£olk and
State of New York· ahown and designated as "COnservation Easement-c-
on a Certain map entitled "Preliminary Plan Map of Southoid Villas at
SOUthold, Town of SOUthold· Suffolk County· N.y.., made b
SUrveyors & Engineers
more a · .C.· Sour . Y Pecon'
P rtiCula:ly bounded an den~·~NY' ~as: date~ 1/I6/~l ~__
BEGINNING at a point, which
with the northeasterly corne~ of ~a~d now or formerly
Young: . .w. ,. . . . .
(1) North 77 deg£ees~.00 .minutes 00 seconds West, 120.0~ feet;
(2) South 21 degrees 56 minutes 00 seconds West· 126.42 feet;
(3] North 81 degrees 12 minutes 20 seconds West, 479.30 feet to the
sOUtheasterly corner of Lot ~3 and the westerly side of a proposed 50'
right of way ("Blossom La.'), as shown and designated on the
abovereferenced map, and the true point of BEGINNING;
RUNNING THENCE from said point Of beginning and along land now or
formerly of Plower Hill Building
(1) NOrth 82 degrees 12 minutes 20 Seconds West, 61.16 feet;
(2) North 12 degrees 50 minutes l0 seconds East, 28.00 feet;
(3) North 75 degrees 43 minutes l0 seconds West, 168.41 feet, to other
land now or focmerly of Southold Villas, Inc.;
THENCE in a northeasterly direction, along said other land now or
formerly of Southold Villas,
~eCOnds East, 25.00 feet, to Inc., North 14 degrees 16 minutes 50
a Point;
' '.¥.~.va~cer~y dtrect~o .and ~hrough Lots
aho~n on sa'
feet to theId map, North 75 degrees 43 minutes l0 seconds £ast, 230.00
westerly S/de of "Blossom La.', aa shown on said map;
T~ENCE along the wester/y s/de of eBloaeom
minutes 50 seconds West, 47.14 ~eet
BEGINNING.
~ 'IN WITNESS W.qEREoP, this indenture has been executed the day and
year first above written.
I~aaC Satdm~r, Secretary - ::.
) SS.: '.' "'- ' ~' '" "'~
On the I ~ day of ~ ~ , 1991, before me persona~ly came
IS~C SAIDMEHR~ tO me known, .ho being by me du~y sworn, did depose ~.
and ~ay th~ he re~de~ ,.C 107 .~r99.tone ~trete, North ~i~l~, NY
~576; that he'~. the' SeCretary '6f SOUT~O~D VILLAS~ INC., the'
corporation described in, -nd which executed the above instrument;
thac he knows the seal of aaid corporation; that the seal affixe
nls name thereto by like orde;~ ~~orporatlon and char he ~igfled
RU~ H. SRUER
No. 52~65530, S~olk ~unW
Commlellofl ~res Ma~ch 30, 19 ~ ~
Rudolph H. Bruer, l~sq.
Edeon and Bruer
P.O. Box 1466, ~tn ~ad
gouthold~ ~ev York 11921
OtCLJ~qATZO~ studs thin of /'~-~;~ , 1991, by
M~rtlIO~.~ VILLAB, IK,~ 4 Ney York cor~ratLofl having its principal
~ntalning ll.O~ acres, ifld destgnat~ on th* Suffolk Coun~y. Tix
aim pralines ~nver~ to DKC~RA~ by deud re~rdtd IA the
b~IEI~I~Se the DECLARABT fntandl to lubdLvldv laid prnlllai fog
/Inid~lti&l porponal end diatree Coqub2eeC laid prentees ~o ~ertain
&forelald preoiena and every portion thereof In hereby held and shall
b~ convny~d elbJeot to the eondl~lool, ~oveaanta and rea~Jctlona
h~roinaftec lot foc~h, old that every porchaner of nejd prentnen on .
Imrcheaud shall ~ held oubJect to the ~venanto, ~fldit~o~ and
ten,fictions herel,arte~ out forth.
AIl o~oro~or runoff resulting fr~ the developo~nt and · r.
by adequate drainage ntrue~urls el this it viii'not flay .
~.:.~ Qvt onto the rlght-of*vly of Naln Rand (N.T,I, Itel, 25), , ,~
The op~n spice ureu (udJucent to the 17 stogie ra·liy lot,)
r~M/U &a such amd shill not be subdtvtdsd Or used for comsrcisl '-
]. ~ hulldi·g it tho uastern end of orchurd ~unu shoii eot b~ ussd
for r·ald~·cial or comroiul Imrposeu.
4, Such lot i· thil lObdivlulofl shull, vhuu improved, provide two (2)
pdrk~llg Ipifll. uIclUliV· Of I girSgu Or curport, for off-street
perking. "
S. T~eso covunOUtl and restrictions can be ·odifiud only st the
request of the the· ov~er of thu premiseu, vtth the upprov·l of a
.*Jorlty plus one of the PZnoning Board of the Town o£ Southold~
· preliminary heuring. AdJoinl·g property ovners shell
notice of such pcell·inaty heuring, but their conuent to uuch
~odificctlonu Shell flat ~ r~u/red.
TOtm planning no~rd endorses the subdivision luip and maid Mp La
accepted by end filed vith the Suffolk County Clerk.
7. ~hat uil nf the covsnnutn, condltLnni und restrictions contained
herein shull b~ cams(rued ii reul covsnantl running with the laud iud
shall continue iud remuin in full force and e~fect at all tLmes us
ugainot the ovner of th~ pre·iaea ur soy portion thereof, except vl~h
~he pBralauion of the acc(hold ToY, pZnnnlng Bourd, or its then ·
plot, plecv or pircei or la.J, vith Lhe
ll~]21~qT;
liut Mnlio~ Io~, ~Jl,03 fee~ ~o ll~ ~ or fomrir
~ ~uth 1~ deqrffs 2Q minutes 40 se~flds
~ ~th ~S d~r~s Jt mLnutet 10 s~ndu east 41~9
last Nutio~ Im~, 124,54 ffl~ to
of ~s
last ~ntLo~ la~ ~ or fo~rlF of
~g Frame, i~2,SS
~ ~th ~0 ~r~u SS minutes O0 ue~s west iisi_
BOARD OF
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:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
June 18, 2008
Zoning Appeal No 6192
BOARD ~F~APPEALS
Transmitted herewith is Zoning Appeals No. 6192 of Sean M. Gillan- the Application to the
Southold Town Zoning Board of Appeals. Also enclosed is Applicant's Project Description,
Questionnaire, Transactional Disclosure Form, Application for Building Permit with Disapproval
Dated June 3, 2008, Notice of Disapproval from Building Depathnent Dated June 4, 2008,
Declaration of Covenants and Restrictions, Copy of Survey Showing Proposed Garage Dated
March 11, 1992 Prepared by Peconic Surveyors, P.C., 2 Pages of Plans of Garage Showing
Elevations & Floor Plans Prepared by Nancy Dwyer, Design Consulting, Inc. Dated 5/22/08.
Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 06/17/08
Transaction(s):
1 1
* * * RECEIPT * * *
Application Fees
Receipt'8: 22172
Reference Subtotal
6192 $400.00
Check#: 404
Total Paid: $400.00
Name:
Gillan, Sean M
220 Apple Court
Southold, NY 11971
Clerk ID: CAROLH Internal ID: 6192
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 6/17/08
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
RECEIYED
6192 GILLAN, Sean 404 $400.00
$400.00
By__ Thank,,ou.
APPEALS BOARD MEMBERS~
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, AUGUST 21, 2008
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter
280 (Zoning), Town of Southold, 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~ AUGUST 21~ 2008:
11:10 A.M. SEAN GILLAN #6192. Request for a Variance under Section 280-15, based on the
Building Inspector's June 4, 2008 Notice of Disapproval concerning a proposed accessory
garage exceeding 20 ft. in height with a proposed setback at less than 20 feet from the property
line, at 220 Apple Court, Southold; CTM 70-1-6.6.
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: July 28, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
(Name of Applicants)
CTMParcel #1000- 3 tw 0 I--
BOARD 0 IAl~ltl~.'lS
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
()(~ qs~z) I & , New York, being duly sworn, depose and say thati
On the Z/ day of /4~ (,/X 7L, , I personally mailed at the United States
Post Office in~ 44,xx~ ~'A 'a, New York, by CERTIFIED lVlAIL, RETURN RECEIPT
REQUESTED, a true copy of the atlached Legal Notice in prepaid envelopes addressed to
current ova3ers shown on the current assessment roll verified from the official records on file
w/th the (q) Assessors, or ( ) County Real Property Office for every
property which abuts and is across a public or privq,te street, or ~ lar right-of-way of record,
surrounding the applicant's property. /
//' ~/5'lgnature)
Sworn to before me this
.5' dayof ~,~.o~.o$~'--,200
(Notary Public)
EDWARD O GRATHWOHL
Notary Public, State of New York
No 01GR5075473o Suffolk
Commtss~on Exoires ADri! 7, ~
PLEASE list, on the back of this Affidavit or on a sheet of paper the lot nmnbers next to the
owner names and addresses for which notices were mailed. Thank you.
William Gaffga
PO Box 1332
Southold, NY 11971
Parcel # 70-1-6.9
Mike and Rose Anagasati
360 Jasmine Lane
Southold, NY 11971
Parcel: 70-1-6.10
Marion King
PO Box 1106
Southold, NY 11971
Parcel # 70-1-3
Brian and Terry Mozer
160 Apple Court
Sou, hold, NY 11971
Parcel # 70-1-6.7
Donna Lyburt
PO Box 402
Southold, NY 11971
Parcel # 70-1-6.5
Robert and Joan Jenkins
PO Box 301
Cutchogue, NY 11935
Parcel # 69-3-20
Glen and AnnMarie Staples
205 Apple Court
Southold, NY 11971
Parcel # 69-3-19
USE
postage
Return Receipt Fee
(Endorsement Required)
Restricted DeINely Fee
(Endomement Required)
Total P~tage & Fee~
$2.?0
$2.20
~.~
iS $5.49
0~1
Hem
USE I
r,- Ce,~ed ~ $2.70 82 m~ Po~m~. $ $0.59 09Ti.
( ER~dSot ~me me~eDn ~ ~v~i rFee~) ~,~ = (En~e~nt R~ui~) _
~ To~I Po~ & F~ $ $5.~ ~/~ ~ (Endomement Required) _
~ f~'Z~F~b?'"'~ ...................... '~ .............. sent re , '~ )
~~~AL US~ ~ ~~,t~AL US~
~ (E~o~men, R.uimd) ~ ] m Ream R--*t Fee
~ R.t~ Del~e* Fee ~ ~.~ D R (E~o~meot Redui~) ~
~ ~ T~al P~ge & Fees
'- ~;&-:~;~*EtF;~' ....................... t-F' ....................................... 1 ~ /~. T-~- ~ ~ I J
[-2.Z ...... ~ ~' u~ ~, t ~ ~[~~-------i-i ~~*""**~'~ ..................... ~'~ ....... Fi ......... '~ .......
..,
USE
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
IO00-
COUNTY OF gUEFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF SIGN
POSTING
I, ~-.~ ~l{Kr~ residingat o'9o9-0 th~at:{o~
~ o~ & , New York, being duly sworn, de.se ~d say :
e Onme/~ aayof ~ ,f , I~rson~lyplac~theTom'soffici~
oster, ~th ~e ~te of hinting and nacre of my application noted ~er~n, sec~ely u~n my
pro~, locat~ ten (10) f~t or closer from ~e s~t or fi~t~f-~y (~vemy entr~ce) -
facing the s~t or facing each s~t or fight-of-~y enhance;* ~d ~at
I hereby confirm that the Poster has remained in pll
the subject hearing date, which hearing date was shown t~/~
/g
Sworn to before me this
(Notary Public)
,~ fornseven days prior to fi/at date of
//~U~ ~L ,:~1; .~oo~" .
,//~/(Signature)
EDWARD D GRATHWOHL
Notary Public. Stata of New York
No 01 GR5075473. Suffolk
Commission Expires ADril 7, .~
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
Direct Query - Intranet ~ "Quick" Search Page 1 of 1 ~'
Track/Confirm - Intranet Item Inquiry - Domestic
Item: 7008 0150 0002 7317 5271
Destination ZiP Code: 11971
Origin ZiP Code: 11971-1000
Class: First Class
Anticipated Delivery Date: 08/05/2008
Weight: 0 lb(s) 2 oz(s)
Delv Rqrnt: Normal Delivery
Special Services
CERTIFIED MAIL
RETURN RECEIPT
Service Calculation Acceptance
Date/Time: 08/04/2008 14:04
City: SOUTHOLD
City: SOUTHOLD
State: NY
State: NY
Postage: $0.59
PO Box?: N
Associated Labels
7008 0150 0002 7317 5271
Amount
$2.70
$2.20
Event
DELIVERED
Date/Time Location
08/05/2008 14:23 SOUTHOLD, NY 11971
Sca~
POS0000971
NOTICE LEFT
ARRIVAL AT PICK-UP-
POINT
ARRIVAL AT UNIT
ACCEPT OR PICKUP
08/05/2008 09:27
08/05/2008 09:27
08/05/2008 09:26
08/04/2008 14:04
SOUTHOLD, NY 11971
SOUTHOLD, NY 11971
SOUTHOLD, NY 11971
SOUTHOLD~ NY 11971
030SHQOWJC
030SHQOWJC
030SHQOW]C
Enter Request Type and Item Number:
quick Search (~ Extensive Search
Version 1.0
[nquire on multiple items.
Go to the Product Tracking System H_ome Page.
https://pts.usps.gov/pts/labelInquiry.do 8/15/2008
Item 4 If Restricted Dellve~ Is desired.
~' Print your name and address on the reverse
so that we con retum the canJ to you_
· Attach this card to the back of the metl~lece,
D. la de~v~y address different from Item 17 Yee
~ 7008 0150 000-2 23172~2E~\~
Form 3811, Februan/2004 Domee~ Rea~m Reoai~
· Con4o4ete Items 1, 2, and 3, Also complete
~m 4 If Restflcted Delh~'y Is desired.
· Print your name and address on the reverse
mo that we can retum the card to you,
· ~mch this card to the back of the mallpiece,
o~ on the front if space permits.
If YES, enter dailve~y address baio;~, tiN•
[] Registered [] RetUm Recaipt for Merchandise
[] Insured Mall [] C.O.D.
4. Res~c~d D~h~ ~x~a ~ee) 0~
7008 0150 0002 7317 5264
PS Form 3811, Februany 2004 Domeett= Retum Reeaipt
· Complete hems 1, 2, and 3. Also complete
item 4 if Restricted Dellv~ Is desired.
· Print your name and address on the reveme
so that we con return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits.
1. Artich~ Addressed to:
~ 0, '~oo')( II•&
x •Add,
D.Isdelhz~yaddressdifferentfromiteml? []Yes
If YES. enter dailve~ address baiow: r-IN•
o~1 O ~ Mail
[] Registered '[] Retum Receipt f~f Memha~
[] Insured Mall[] C.O.D.
4. Restricted Delivery? ~ Fee) [] yes
2. Article Numb
Fr~'~ro~ .... 7D.08 D15D D002 7317 5257
PS Form 3811, Februa~ 2004 Domestic Return Recaim
· Compiste items 1, 2~ and B. ,~o OOmlY~
Item 4 if Restricted Delivery iS desired.
· Print your name end,address on the reverse
so thM we can tatum the card to you.
· Attach this card to the back of the maJlpisce,
' or on the front if space permits.
7008 0150 0002
~3811,~2~
D. Is delivery address diffem~ fmrn item 17
If YES, enter delivery address
O ~ent
r-I No
i-I Ce~fled Mail I~ Express Mall
[] Registered [] Return Receipt for Merchandise
[] i~ ut [] C.O.D.
· Rest~cted De~h~y? (Ex=a Fee) O~
7317 5295
· Complete items 1, 2, end 3. Also complete
It.m 4 if Restricted Delivery Is de~lmd.
· Print your name and address on the reverse
a• that we can tatum the card to you.
· Attach this card to the back of the mailpisce,
or on the flont if space permIts.
1..Ntlc~ ,~ldmssed to:
D. isdelive~yaddmssdiffe~flomiteml? []Ye~
ff YES, e~tor delivery address ~ [] No
[] Reg~emd
[] I~sumd Melt
[] Express Melt
[] Retum Receipt for Memhandise
r'l C.O.D.
2. ArtlcleNumber 7008 0150 0002 7317 5509
PS Form 3811 ,, hebrua~y 200~ •mrna= ~ ~
· Complete Items !, 2, end 3. Aiso ¢omphRe
item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
e• that we can tatum the cen:l to you~
· Attech this cen:l to the back of the malpmece,
or on the front ff space pem~lts.
D. tsdelive~yaddmssdiffe~ntf~x~ ~ 17 r-I yes
ff yES, enter delivery address below. []No
3. See~foe Type [] Ce~fled Me}l
[] Regmemd
[] Insured M~m
[]Expmes~l
[]RetumRecelptforMemhandlee
[]C.O.D.
4. Restr~ed Oe~k'e~h~a R~e) OYes
2.,N ti c leNt 7008 0150 0002 7317 5301
{l~amfaq ......... ecel
PS Form 3811, Februmy 2004 Domestic Re'mm R pt
· Complete items 1, 2, and 3. Alan complete
item 4 if Rest~cted Delivery Is deslrad'
· Print your name and address on the reveme
· Attach this c,a~d to the back of the me~p~ece,
or on the front if space pe~Tnlts.
1. Nticie Addmsesd to:
Re--ired by ( ~r~ed Name)
D. ~s delive~ addmes ¢ n Item 17 yes
ff YES, enter delive~ addrees I~°~' r't No
lestlled Mall [] C~O.D.
4. Res~-.t ed De~v~ (.(.(.(.(.(.(.(.(.(~ ~e) ElYes
2.,~1 7008 0150 0002 7317 5271
PS Form 3811, FebmanJ 2004 Oemee~= Return Rees#~
#8950
STATE OF NEW YORK)
) SS:
COUN,TY 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 each week for 1__ week(s), successively, commencing on the
7th day of Au,qust, 2008.
Sworn to before me this
Principal Clerk
dayof ~'/~/'~ 2008
NOTARY PUBLIC-STATE OF NEW YORK.
NO. 01-VO6106050
Quallfiecl In Suffolk County
My Commission Expires Feb(uary 28, 2012
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~n Of a
eZONING BOARD OF APPEALS
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: http://southtown.northfork, net
July .Tg, 2008
Re: Town Code Chapter 55 - Public Notices for Thursday, August 21, 2008 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 August 4th
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or 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 any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailing address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arrangements were made in either a written
statement, or durinq the hearinq, providing the returned letter to us as soon as possible;
AND not later than Aug 8th: Please either mail or deliver to our office your Affidavit of Malting
(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 August 13st: 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 Posting prior to August 20, 2008.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME
GILLAN, SEAN #6192
MAP #
70-1-6.6
VARIANCE
SETBACK
REQUEST
ACCESORY BUILDING
DATE: THURS, AUG. 21,2008, 11:10 AM
If you are interested in this pro!ect, you may review the file(s) prior to
the hearing during normal bus,ness days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
OR.
B!SAPPRO~L