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LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 8, 2009
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and
Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings
will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,
53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY,
JANUARY 8, 2009:
9:30 A.M. JENNIFER JACOBS and CLAYTON GATES #6206. Request for Variances
concerning this 12,760 square foot parcel under Section 280-124, based on the
Building Inspector's July 24, 2008 Notice of Disapproval concerning a proposed
second-story addition and alterations to the existing dwelling, with a setback of less
than the code-required 1- ft. minimum single side setback and less than 35 ft.
minimum rear yard setback, at 645 Jackson Street, New Suffolk; CTM 1000-117-9-
5.2.
9:40 A.M. ANTHONY and BARBARA BONAGURA #6081. Request for a Special
Exception under Zoning Code Section 280-13B for approval of an as-built Accessory
Apartment with owner-occupancy in a single-family dwelling as enlarged with recent
additions, at 900 Holbrook Lane, Mattituck; CTM 113-6-11.
9:55 A.M. MICHAEL K. and THERESE HUGHES #6236. Request for Variances under
Sections 280-4 and 280-12, based upon an application for a building permit and the
Building Inspector's September 22, 2008 Notice of Disapproval stating that the as-
built mobile home is not permitted for two reasons: (1) it constitutes a second
dwelling unit, and (2) it contains less than 850 square feet of living area. Location
of Property: 9525 Main Road, Mattituck; CTM 1000-122-6-13.
10:10 A.M. DIANE MULVANEY and BETTY J. BRESLOFF #6228. Request for a
Variance under Section 280-18, based on the applicant’s request for a lot-line
change and the Building Inspector's Notice of Disapproval concerning a proposed lot
area for 1000-31-8-12.4, at 225 Marion Lane, which lot will become less conforming
by reducing its size from 34,194 square feet to 30,448 square feet in total size, and
Page 2 – Legal Notice
January 8, 2009 Public Hearings
Southold Town Zoning Board of Appeals
concerning 1000-31-8-13 at 730 Bay Avenue, East Marion, which lot will become
more conforming by increasing its size from 8,340 square feet to 12,086 square feet.
10:30 A.M. ROBERT BERGAMINI # 6241: Request for Variances under Section 280-
124, based on the Building Inspector's October 17, 2008 Notice of Disapproval
concerning a proposed deck addition at less than the code-required minimum front
yard setback of 35 feet and lot coverage exceeding the code limitation of 20% on
this nonconforming .31 acre lot, at 4050 Camp Mineola Road, Mattituck; CTM
+/-
123-5-20.
10:45 A.M. DONALD ZITO #6233. Request for a Variance under Section 280-124,
based on the Building Inspector's August 25, 2008 Notice of Disapproval concerning
an as-built outdoor shower addition to the single-family dwelling which is less than
10 feet on a single side yard, less than 15 feet on the opposite side yard, resulting in
less than 25 feet for a total of both side yards, at 1185 Bungalow Lane, Mattituck;
CTM 123-3-16.
11:00 A.M. JACQUELINE MOSKOWITZ #6238. Location of Property: 80 Lakeside
Drive and Cedar Point Drive, Southold; CTM 1000-90-3-14. Request for Variances
on this 14,118 square foot lot, under Zoning Code Sections 280-122 and 280-124,
based on applications for building permits and the Building Inspector's August 22,
2008 Notice of Disapproval concerning a pergola, fence height, swimming pool, and
as-built carport structure, for the reasons that:
(1) the proposed pergola to be added to the dwelling structure is not
permitted because such additions/alteration will constitute an increase in the
degree of nonconformance (nonconforming rear yard setback and front yard
setback, see ZBA #3255 of August 14, 1984;
(2) the fence is not allowed as per Conditions under ZBA #3950 dated July 11,
1990 which states: the fence and any screening shall not exceed 4 ft. 6 in. in
height in front yard areas above grade, the area beginning at a point of 30 feet
from the corner of Cedar Point Drive to 30 feet from the corner of Lakeside
Drive shall remain open and un-vegetated;
(3) the existing swimming pool under Building Permit #19275 issued July 27,
1990 is located at less than the required minimum of 22 feet under ZBA #
3950 dated July 11, 1990;
(4) the existing carport shows setbacks from each the front yard and rear yard
at less than the code-required minimum of 35 feet.
11:30 A.M. THEODORE E. PRAHLOW #6234. Request for Variances under Sections
280-124 concerning this 7,700 square foot parcel, and based on the Building
Inspector's August 22, 2008 Notice of Disapproval concerning a proposed deck and
Page 3 – Legal Notice
January 8, 2009 Public Hearings
Southold Town Zoning Board of Appeals
porch additions to the existing single-family dwelling, which new construction will
be less than the code-required minimum of 35 feet for a rear yard setback and which
exceeds the code-maximum limitation of 20% lot coverage, at 1605 Old Shipyard
Lane, Southold; CTM 64-5-30.
1:00 P.M. ANDREW and ELIZABETH GREENE #6235. Request for Variances under
Code Sections 280-12 and 280-13C.2.a, based on the Building Inspector's June 30,
2008 Notice of Disapproval concerning an application for a building permit to alter
the use of an accessory building (second floor) from an accessory use as a garage to
the owner’s home occupation office with full bathroom, after removal of the as-built
kitchen and cooking areas, instead of a home office carried on in the main building.
The proposed change in use from garage to a home office is not permitted under
Code Section 280-13C.2a, which requires a “home occupation” to be incidental to
the residential use of the premises and carried on in the main building. In addition,
the Building Inspector states that the existing living space with kitchen (apartment)
as-built is not permitted under Section 280-12, since the Code limits each lot to
only one dwelling. Location of Property: 30653 C.R. 48 (a/k/a Middle Road or
North Road), Peconic; CTM 73-4-5.
1:15 P.M. 2000 BROADWATERS LLC # 6186. (Continued hearing). Request for a
Variance under Section 280-124, based on the Building Inspector's May 12, 2008
Notice of Disapproval concerning a proposed new dwelling with a setback at less
than the code-required 35 feet from the front lot line (after demolishing the existing
building), at 2000 Broadwaters Road, Cutchogue; CTM 104-9-12.
1:30 P.M. THOMAS G. and JOYCE I. MESSINA # 6223. Request for Variances under
Section 280-116A(1), based on the Building Inspector's September 2, 2008 Notice of
Disapproval concerning a proposed accessory swimming pool and spa at less than
100 feet from the top of the bank or bluff on a lot adjacent to the Long Island Sound
and with lot coverage exceeding the code limitation of 20% on this buildable land
area of 15,253 square feet, at 1690 The Strand, East Marion; CTM 30-2-61.
1:50 P.M. GEORGE YATRAKIS #6237. Request for Variances under Sections 280-
15C and 280-116A(1), based on the Building Inspector's October 8, 2008 Notice of
Disapproval concerning a proposed dwelling, swimming pool, trellis and accessory
garage. The reasons stated for disapproving the building permit application are: (1)
the proposed locations of the trellis to be added to the house, and accessory
swimming pool, are not permitted at less than 100 feet from the top of the bluff or
bank on lots adjacent to the L.I. Sound; (2) the in-ground swimming pool is also
proposed in a side yard, rather than the code-permitted front yard in the case of a
waterfront lot, or code-permitted rear yard; (3) new construction is proposed at less
than the code-required minimum of 15 feet on a single side yard. Location of
Property: 18805 Soundview Avenue, Southold; CTM 51-1-14.
2:10 P.M. HENRY TRAENDLY and BARBARA CADWALLADER. Location of Property:
South Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bay.
Page 4 – Legal Notice
January 8, 2009 Public Hearings
Southold Town Zoning Board of Appeals
Based on the Building Inspector’s January 30, 2008 Notice of Disapproval, amended
July 25, 2008, the applicant has submitted applications requesting:
A) ZBA # 6207 – a Waiver of Merger under Article II, Sections 100-25 and 100-
26 (renumbered 280-9 and 280-10), concerning County Tax Map Parcel
Numbers 12 and 11, in District 1000, Section 31, Block 14 which states:
“Merger. A nonconforming lot shall merge with an adjacent conforming
or nonconforming lot which has been held in common ownership with
the first lot at any time after July 1, 1983. An adjacent lot is one which
abuts with the parcel for a common course of fifty (50) feet or more in
distance. Nonconforming lots shall merge until the total lot size
conforms to the current bulk schedule requirements.”
B) and in the alternative, ZBA # 6264 Request for Variances for two proposed
lots in this re-division of land, requesting an area of less than the code-
required 40,000 square feet of buildable land under the Bulk Schedule for CTM
Parcel 1000-31-14-11 and adjacent CTM Parcel 1000-31-14-12; and
C) ZBA #6154: Request for Variances under Section 280-124, based on the
Building Inspector's January 30, 2008 Notice of Disapproval, amended July
25, 2008 concerning a proposed single-family dwelling (after demolition of an
existing building) with a proposed single side yard at less than the code
required minimum of 10 feet, less than the required combined side yards of
25 feet, and less than 35 feet from the front yard lot line, at 13000 Main
Road, East Marion; CTM 31-14-11.
2:30 P.M. ROMANELLI REALTY INC. (property formerly of Midgley) - ZBA # 6268
concerning property located at 36660 Route 25 (Main Road) and 200 Skunk Lane,
Cutchogue; CTM 97-3-3.1 and 97-3-6.1 (formerly 97-3-3 and 97-3-6). This request is
based on the Building Inspector’s December 17, 2007 Notice of Disapproval
concerning an area variance application for a change of lot line and the applicant’s
request for approval of an LB Business Zone Parcel containing 63,338.05 square feet.
The Notice of Disapproval states that the minimum lot size requirement in the LB
Zone District is 80,000 square feet, and the applicant requests approval of a reduced
lot size containing 63,338.05 square feet for County Tax Map Parcel 1000-97-3-3.1.
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 to the
prior
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 18, 2008. ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN BY
Page 5 – Legal Notice
January 8, 2009 Public Hearings
Southold Town Zoning Board of Appeals
LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959