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LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MAY 28, 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 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, MAY 28, 2009:
9:40 A.M. DEBORAH SUTHERLAND and CHARLENE MOTT # 6273. Request for a Variance under
Zoning Code Section 280-13(m), based on the Building Inspector's January 14, 2009 Notice of
Disapproval concerning an application concerning conversion of the basement area to an accessory
apartment (without a permit). The Certificate of Occupancy for the existing single-family dwelling was
issued May 31, 2007, and Section 280-13(m) states that the building must have a valid Certificate of
Occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. Location of
Property: 42205 County Road 48 (a/k/a North Road, Middle Road), Southold; CTM 1000-59-3-25.1.
9:50 A.M. LUKE LICALZI #6280. Location of Property: 2105 Calves Neck Road, Southold; CTM 1000-
70-4-46.1. Requests for Variances under Sections 280-15-F and 280-122, based on the Building
Inspector's revised February 23, 2009 Notice of Disapproval concerning proposed additions and
alterations to the existing accessory structure and concerning the accessory building (as-built pool-
house) which are not permitted, for the following reasons:
1) Accessory Garage building with proposed additions/alterations:
a) create an increase in the degree of the side yard location nonconformance, where
the code permits a location in a rear yard or front yard on this waterfront parcel;
b) create an increase in the degree of the setback to the side property line at less than
the code required minimum of 15 feet on this 58,519 square foot lot;
c) the height is proposed at 25 feet, where 22 feet is the maximum code-permitted;
2) Accessory Poolhouse building: the as-built construction is in a side yard, where the code
permits a location in a rear yard or front yard on this waterfront parcel.
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May 28, 2009 Public Hearings
Southold Town Zoning Board of Appeals
10:05 A.M. STANLEY and CHRISTINE MALON # 6271. Location of Property: 1445 Fleetwood Road,
Cutchogue; CTM 1000-137-4-33.1. Requests for Variances under Section 280-17A(1) and Section
2780-15(b)(c)(d), based on an application for a building permit and the Building Inspector's November
5, 2008 Notice of Disapproval concerning a proposed accessory garage/pool house. The reasons that
the application were disapproved are:
(1) two one-family dwellings will be created on this 16,059 square foot lot,
(2) the proposed total square footage will be 1739 square feet instead of the code limitation of 660
square feet for lots up to 20,000 square feet in area,
(3) the dormers will exceed 40% of the roof width limitation,
(4) the height will be 24.6 feet instead of the code maximum limitation of 22 feet ,
(5) the setback will be six (6) feet instead of the code required minimum of 20 feet.
10:20 A.M. WILLIAM and MARGARET HOWELL # 6275. Request for a Variance under Section 280-
116A(1), based on the Building Inspector's October 15, 2008 Notice of Disapproval concerning an
application for a building permit to construct additions and alterations to the existing dwelling, which
new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound,
at 9202 Bridge Lane, Cutchogue; CTM 1000-73-2-3.1.
10:30 A.M. KENNETH MARLBOROUGH # 6279. Request for a Variance under Section 280-15, based
on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an application for a
building permit to locate an accessory swimming pool structure in a front yard in part, rather than
entirely in a rear yard, at 95 Strohson Road at Little Neck Road, Cutchogue; CTM 1000-103-10-15.
11:00 A.M. VINCENT AND LAURA MANETTI #6278. Requests for Variances under Sections 280-116-B
and 280-122, based on the Building Inspector's November 19, 2008 Notice of Disapproval concerning
proposed additions and alterations to the existing single-family dwelling. The reasons stated for
disapproving the building permit application are that the new construction will constitute an increase
in the degree of nonconformance on a single side yard, on total (both) side yard setbacks, and at less
than 75 feet from the bulkhead, at 150 West Shore Drive, Southold; CTM 1000-80-5-5.1 adjacent to
Southold Bay.
11:15 A.M. MICHAEL and LINDA GAMBARDELLA #6272. Requests for Variances under Section 280-
124, based on the Building Inspector's December 15, 2008 amended Notice of Disapproval concerning
a proposed addition to the single-family dwelling. The proposed breezeway addition is proposed to
connect the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less
than the code-required 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%, at
9480 Nassau Point Road, Cutchogue; CTM 1000-118-6-7 (adjacent to Peconic Bay).
11:25 A.M. JOHN and KATHLEEN BERKERY # 6277. Location of Property: 250 Bayview Drive, East
Marion (adjacent to Spring Pond); CTM 37-4-2. Requests for Variances under Sections 280-116 and
280-124, based on the Building Inspector's January 15, 2009 Notice of Disapproval concerning an
application for a building permit to construct additions and alterations to the existing dwelling. The
reasons stated for disapproving the application are:
(1) a single side yard setback will be less than 10 feet;
(2) the combined side yard setbacks will be less than 25 feet (both sides);
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May 28, 2009 Public Hearings
Southold Town Zoning Board of Appeals
(3) the rear yard setback will be less than 35 feet from the property line;
(4) the setback to the bulkhead will be less than the code required minimum of 75 feet;
(5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet will exceed
the code limitation of 20%.
1:10 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116A(1), based on the
Building Inspector's March 4, 2009 Notice of Disapproval concerning a proposed addition and
alterations to the existing dwelling with a setback at less than 100 feet from the top of the bluff or
bank of the Long Island Sound, at 2170 The Strand, East Marion; CTM 1000-30-2-53.
1:15 P.M. MADELINE DROEGE # 6267. (Pending attendance by owner/applicant). Request for a
Special Exception in accordance with Code Section 280-13B(14) for establishment of an Accessory
Bed and Breakfast, as an accessory use in the existing single-family dwelling, with owner-occupancy,
for the purpose of lodging (two guest bedrooms) with serving of breakfast to guests for overnight stay
as B & B guests, at 885 Petty’s Drive, Orient, a/k/a as Lot 6 on the filed Map of Petty’s Bight; CTM
Parcel #1000-14-2-24.
1:40 P.M. LEANN NEALZ #6274. Requests for Variances under Section 280-124, based on the Building
Inspector's January 14, 2009 revised Notice of Disapproval concerning a proposed rear screen porch
addition to the existing dwelling, which construction will result in a rear yard setback at less than the
code required minimum of 35 feet and lot coverage exceeding the code limitation of 20%, at 195 Village
Lane, Orient; CTM 1000-18-5-8.
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: May 7, 2009. 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