HomeMy WebLinkAbout6257
Office L~ation:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold~ NY 11971-0959
http://southoldtown.north fork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
FINDINGS, DELIBERATIONS, AND DETERMINATION
MEETING OF MAY 19, 2009
ZB FILE #62£7 - FRANK ZAGARINO TRUST
PROPERTY LOCATION: 200 South Oakwood Drive (westerly side), at Laurel, also shown on the Map of
Laurel Park as Lot 15 and part of 16 CTM 1000-145-3-3.1
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions,
without further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The subject property is a 8,711 square foot parcel measuring 65.00 feet
along South Oakwood Drive to the east, 130.00 feet to the south, 70.00 feet to the west, and 52.00 + 78.00
feet to the nodh. The lot is improved with a single family house and a shed, as shown by a survey prepared
by John C. Ehlers, L.S., dated September 24, 2008.
BASIS OF APPLICATION: Requests for Variances under Section 280-124, based on the Building Inspector's
November 14, 2008 Notice of Disappreval conceming a new single-family dwelling (after demolition of the
existing building), for the reasons that the new construction: (1) will exceed the code-limitation of 20% lot
coverage on this 8,711 square foot lot, and (2) will be less than the code-required 35 ft. minimum rear yard
setback.
FINDINGS OF FACT
The Zoning Board of Appeals held public hearings on this application on March 19, 2009 and Apd123, 2009, at
which time wdttens' and oral evidence were presented. Based upon all testimony, documentation, personal
inspection of the property, and olher evidence, the Zoning Board finds the following facts to be true and
relevant:
AREA VARIANCE RELIEF REQUESTED: The applicant requests a vadance to allow a 10 foot rear setback
and 23.3 per cent lot coverage.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspections, the Board makes the following findings:
Page 2 - May 19, 2009
ZBA # 62~7 - Frank Zagarir~o Trust
CTM 145-3,3,1
I. Town Law Section 267-b(3)(b)(1). Grant of the vadance will not produce an undesirable change in 'the
character of the neighborhood or a detdmentto nearby properties. The proposed 10-foot rear yard setback for
the replacement dwelling, though still non-conforming, will be greater than exists prior to demolition. The
proposed increase in lot coverage, given the location of neighborhood houses, would not have any significant
effect on this neighborhood of small lots.
2. Town Law Section 267-b(3)(b)(2). The benefit of replacing the existing house can be achieved without a
variance with respect to rear yard setback only if the replacement dwelling house is placed 30 feet further
forward on the property. The benefit 'sought by the applicant to construct cannot be achieved without a
vadance for lot coverage on a small 8,711 sq. ft. parcel
3. Town Law sedtion 267-b(3)(b){3). The vadance with respect to lot coverage from 16.6% to 23.3%,
amounting to a 3.3% increase over the code-permitted limitation of 20% which is substantial, given the size of
the lot and nature of surrounding properties, but 22% for lot coverage results in an increase of 174.22 square
feet which is not substantial (as the alternative). The proposed variance with respect to the rear yard setback
would be substantial, amounting to 71 per cent reduction in the code-required 35 feet. A variance to allow
construction leaving a 17 ft. minimum rear setback, while still substantial, would allow a 48.5 per cent
reduction.
4. Town Law Section '267-b(3)(b)(5). The difficulty has not been self-created so far as it is a consequence of
the small size of the subject lot and the location of neighboring properties.
5. Town Law Section 267-b(3)(b)(4). No evidence has been submitted to suggest that will have a significant
adverse impact on'the physical or environmental conditions in the neighborhood. Several neighbors have
indicated that they would prefer Io have the new house situated where it has been proposed than for the house
be constructed in conformity with the code-required 35 feet.
6. Town Law Section 267-b. Grant of the relief requested is the minimum action necessary and adequate to
enable the applicant to enjoy a new dwelling on this property, 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, a motion was offered by Member Simon, seconded by Member Schneider, and
duly carried, to
DENY the variances as applied for, and to
G RANT alternative relief for a rear yard setback at not less than 17 feet, and lot coverage at a maximum
Page 3- May 19, 2009
ZBA # 62~- Frank Zagarino Trust
CTM 145-3-3.1
of 22 percent (without the need to reapply and without an increase in the height and with a reduction in
the footprint for a new dwell!ng to conform to this determination).
~y 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, sethack or other feature of the subject properly 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 dght 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 Goehringer (Chairm~o~,,'~nd Schn~m~/Veisman
was absent, This Resolution was duly adopted (~/:'
dUi~ , 2 2009
"I'dAP OF LAUREL PARK,
FILED OCTOBER ,5, 1'~25, MAP No. 212
SITUA'I~, LAUREL
TOI~IN, 50UTHOLD
.SUi=I=OLK COUNT'K, N'r'
5:,UFFOLK GOUNT¥ TAX #
IOOO - 1.4-5 - ~, - ~.I
N
NOTES=
I"IONUIH~T FOUND
Areo= 0.2000 ^cre~
~P~PHIC,, SC, ALE
FINAL MAP
REVIEWED BY ZBA
SEE Cm ON
DATED !
JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287 REF.\\Compaqserver\pros\08\08-176.pro
/ SYMBOL LE~ENP ~v --- ~ov~ ~ --- ~, o~o~
LINE
' PROPOSED ~ITE PLAN:
~EL N.~.
TOHN OF ~UT~L~
L/~L, NY 11~4~
, . ..:. .......... ...... ~0,~" ..
~/. MINIMUM R~R S~CK:
UVING (FLOOR) AR~
, EOT
EXI~NG: 16.6~
PROPOSED: 23.3,
BUImlNG HEIGHT:
M~. ALLOWED: 35'
p~OPOSED: 28'-0"
NUMBER OF STORIES:
M~. ALLOWED: 2.5
PRO~SED: 2.0
NUMBER OF BEDROOMS:
EXI~NG:
PROPOSED:
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
NOTICE OF DISAPPROVAL
DATE: Nove~nber 14, 2008
TO: Carey Zagarino
200 So. Oakwood Dr.
Laurel, NY 11948
Please take notice that your application dated November 7, 2008
For a permit for demolition & construction of a single family dwelling at
Location of property: 200 So. Oakwood Dr., Laurel
County Tax Map No. 1000 - Section 145 Block 3 Lot 3.1
Is returned herewith and disapproved on the following grounds:
The proposed demo & construction of a single family dwelling on a non-conforming,
8,711 sq. tt. parcel, is not permitted pursuant to Article XXIII Section 280-124 which
states:
"This section is intended to provide minimum standards for granting of a building permit
for the principal buildings of lots which are recognized by the town under 280-9, are
nonconforming and have not merged pursuant to 280-I 0."
Lots measuring less than 20,000 shall have a minimum rear yard setback of 35'.
The survey indicates arear yard setback of 10'.
In addition, the required lot coverage is 20%.
The site plan indicates lot coverage will be 23.3%.
The referenced site plan is dated Oet. 17~ 2008
/ Authorized Signature
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
For Office Use Only
Fee: $ ~ Filed By:_ Date Assigned/Assignment No.
Office Notes:
Parcel House No. Street
SCTM 1000 Section 145 Block 3
Hamidt
__Lot(s). 3.1 Lot Size 8711 Zone R-40
I(WE) APPEAL THE WRITTEN DETERMINATION OF THEBU1LDINGINSPECTOR
DATED: November 14, 2008
The Frank Zagarino Trust c/o Cary Zagarino
ApplicaflUOwner(~:
Mailing
Address:
200 South Oakwood Drive, Laurel, NY 11948
(631) 298-7045
Telephone:
NOTE: In addition to the above please complete below if appltcatlon is signed by applicant's attorney, agent, architect, builder, contract
vendee, etc. and name of person who agent represents:
Authorized Representative: ,Tnd4 C. i91io for (X) Owner, or ( ) Other:
XX XX
Address: Po Box 386, Wading River, NY 11792
631- 445-5907
Telephone:
Please check box to specify who you wish correspondence to be mailed to, from the above names:
~Applicant/Owner(s) ~'Autborized Representative [] Other Name/Address:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR:
X[I Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[3 Permit for As-Built Construction
[]Other:
November 7, 2008
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.
ArtiCle XXIII Section 280- 124 Subsection
Type of Appeal. An Appeal is made for:
[] A Variance to the Zoning Code or Zoning Map.
E~tA 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 [] hass~has not been made with respect to this property UNDER Appeal
No. __Year__. (Please be sure to research before completing this question or call our office to
assist you.).
NameofApplieant: Zagarino CTM# 145-3-3.1 ZBAFIie#
REASONS FOR APPEAL (additionut sheets may be used with preparer's signaturei:
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
There is an existing single family dwelling on the premises. The
applicant is proposing to construct a new single family dwelling
that will be in character with the surrounding homes.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
The lot area is 8,711 s.f. and no other adjoining properties can be
acquired because they are all developed with single family dwellings.
~) Theamountofreliefrequestedisnotsubstantialbecause:
There is an existing house on site that has setbacks closer to the
rear property line than what is being proposed. The lot coverage
complies to the lot coverage by 86%.
~) Thevariancewi~lN~Thaveanadverseeffect~rimpact~nthephysical~renvir~mentalc~nditi~ns
intheneighborhoodordistrictbecause:
There is an existing dwelling. No further clearing will be required.
XX
(5) Has the alleged difficulty been self-created? ( )Yes, or ( )No.
Are there Covenants and Restrictions concerning this land: ~ No. [] Yes (please furnish co#g).
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Swora t.%before me thisq %C C~
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.)
Signature oi~pp~P~nt or~thorized Agent
(Agent must submit written Auth~izatlon from Owner)
Applicant: Zagaring
APPLICANT'S PROJECT DESCKIPT1ON ':~'~f_.o~ ~'~
(For ZBA Reference)
Date Prepared: November :1_7, 200~
I. For Demolition of Existing Building Areas Single family dwelling, deck,
Please describe areas being removed:
tub
hot
II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension:
Dimensions of new second floor: 4bXb9 ~rregular
Dimensions of floor above second level: n/a
Height (from finished ground to top of ridge): 2 8 '
Is basement or lowest floor area being constructed? If yes, gl~)ase provide height (above ground)
measured from natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Two Story Dwelling
Number of Floors and Changes WITH Alterations:
Twc~-S Lu~: y Dwelli~9
W. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 216 6 ( 1 6.6 4 % I
Proposed increase o f building coverage: 3190 ( 23.3 %- )
Square footage of your lot:
23.3~o
Percentage of coverage of your lot by building area:
V. Purpose of New Construction: ~,v4
mold and mil'dew.' Several additions have been added over
the years. There are electrical shorts and bursting pipes
VI. Pleasedescribethelandcontours(flat, slope %,heavilywooded, marsharea, etc.)onyourland
andhowitrelatestuthedifficultyin mcctingthecoderequirement(~:
Flat.
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FII ,lNG WT_FH YOUR Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
[] Yes gl No
Are there any proposals to change or alter land contours?
[] No [2 Yes, please explain on attached sheet.
1) Are there areas that contain sand or wetland grasses? Iqo
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 conslruction at or below five
feet above mean sea level? No
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? No (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
No
F. 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? If yes, please label
the proximity of your lands on your map with this application.
H. Please list present use or operations conducted at this parcel __Singl a family dw~] ] q ng
....... and proposed use _.,__~A ~:_--,~_. .~..A,~., .... .,~-~.
(examples:~ex~in'~g~ingle-family; proposed: same with g'~Pa~oPpUbol,~o~g[h~e~-~escr'"ip~,~n~~'~c~ ..... 9arage
Authoriz~t/S~gn~atu~ffand Date 2/05; 1/07
Bennett Enterprtses, LLC
Consultant * Land Planning * Permits
P.O. Box 386 Wading River, New '~brk 11792
Tel. (631) 369-5700
Fax (631) 369-5755
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.Nor thFor k. net
Examined _, 20
Approved ,20
Expiration ,20
PERMIT NO.
BUILDING PERIvI~[~PPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval_
,0!: ? 2000
t~LOG. DEPT.
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date //'~ ,200~
INSTRUCTIONS
a. This application MUST be 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 m 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
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not conunenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. lfno zoning amendments or ether regulations affecting the
preper~ have been enacted in the interim, the Building inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk Coun/y, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(Mailing address o f applicant)
Shato whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
d (As on the tax roll or latest deed)
If applinant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location ofland on which proposed work will be do~e:
House Number Street Hamlet
Coun~Tax MapNo. 1000 Section /~C Block ~
Subdivision Filed Map No.
Lot ?.OOt
Lot
2. State existing use and occupancy of premises..g? intended u~e and, o¢cupan¢v of p. roposed construction:
a. Existing use and occupancy
b. Intended use and occupancy
3. Nature ofwork (check which applicable): New Building ~
Repair Removal Demolition ~
4. Estimated Cost~ ~00. 0 tO~ Fee
5. If dwelling, number of dwelling units
If garage, number of cars
Addition Alteration
Other Worh
(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. Dimenslonsof~x,stingstructures irony:Front g?/~" Rear
He ght ~fi~ ' Number of Stories
Dimensions of same structure with atterations or additions: Front
Depth ~ Height ~ ' Number of Stories
8. Dimensions of entire new construction: Front C./~- . Rear C/j~
Height Z ~ ' Number of Stories ~
9. Size oflot: Front ~,~! Rear ~70r Depth II~O
Depth E~ '
10. Date of Purchase g O~ Name of Former Owner F('-C~.~'v
11. Zone or use district in which premises are situated ~) ~ C] ~
12. Does proposed construction violate any zoning law, ordinance or regulation? YES ,.~NO
l 3. Will lot be re-graded? YES NO ,~Will excess fill be removed from premises? YES
14. Names of Owner of premises &~'9 ~-~c'-,~,~u~ddress 200
Name of Architect
Name of Contractor~Address ' Phone No.
15 a. ls this properly 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 tidaI 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 property7 * YES NO
* IF YES, PROVIDE A COPY.
NO
STATE OF NEW YORK)
(N~e~of~'~nC~duals~iS~o~ntr~)2ovenamed,beingdulyswom deposes and says that (s)he s the applicant
(S)He is the _(/]G
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorhed to perform or have performed the said work and to make and file this appIication;
that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this · / __
/va .
ADJOINING NORTH
SUBJECT PREMISES
FACING SOUTH
EAST SIDE OAKWOOD FROM SUBJECT
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 12/1/08
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
Frank Zagarino Trust by1617 $200.00
6257 Cary Zagarino 1103 $400.00
~EC 8
Sou1 hold Town Clerk
$600.00
By__ Thank'~ou.
Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 12/08/08
* * * RECEIPT * * *
Receipt~: 31142
Transaction(s):
1
Appiication Fees
Reference Subtotal
6257 $600.00
Check#: 1103/1617
Total Paid: $600.00
Name:
Bennett, Enterprises LIc
P O Box 386
Wading River, NY 11792
Clerk ID: CAROLH Internal ID: 6257
11/26/2008 12:42 6317278033
BUTLER THOMAS
PAGE 01
Office Location:
Town Annex/First Floor, NOrth Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 23, 2009
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, APRIL 23, 2009:
1:15 P.M. FRANK-ZAGARINO TRUST by Carey Zagarino #6257. Requests for Variances under
Section 280-124, based on the Building Inspector°s November 14, 2008 Notice of Disapproval
concerning a new single-family dwelling (after demolition of the existing building), for the
reasons that the new construction: (1) will exceed the code-limitation of 20% lot coverage on
this 8,711 square foot lot and (2) will be less than the code-required 35 ft. minimum rear yard
setback. Location of Property: 200 South Oakwood Drive (westerly side), at Laurel, also
shown on the Map of Laurel Park as Lot 15 and part of 16; CTM 1000-145-3-3.1.
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 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: March 23, 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
March 22, 2009
To: Board of Appeals, Town of South°id] NY
From: Loretta and ~Tames Buscemi
19§ South Oakwood Rd
PO BOX 397
Laurel, NY 2~948
5ub~ect: Proposed demolition and ee-consteuction at 2~ South OakwOod
Rd, Laueel, NY
Re: Request for VaMances by FRANK ZAGA~O TRUST
Map ~M 2~-245-03-3.~, lots 25 and 26.
We have reviewed the proposed re-construct/on of the dwelling
2~ ~uth Oakwood Rd as s~cified on the Site Plan prepaeed by
~effeey T. Butler, P.E. dated ~0-27-08 and submi~ed with the
refeeenced Request for VaMance. Our pro~ at 195 South Oakwood
is directly across the road on the east side and we can fully
view the 2~ ~uth Oakwood p~o~r~ from the front of our home.
The Praised demolition and re-construct/on of that dwelling will
~epresent a major improvement to both the ZagaMno proper~ and the
South Oakwood communi~, and would most certainly add to the
values of the other homes on 5outh Oakwood Road.
We therefore fulJy support approval of the pro~sed vaMances and uege
the Board to act in a timely manne~ so this P~oject may move ahead. As
5ecreta~/Treasueee of the ~uth Oakwood Homeownee's Association
(SOHA), Z have polled our Board of Directors and the Board also fully
suppers the approval of the vaMances. Thank you foe your prompt
consideration of this ma~er.
~Tames 'Buscemi, Sec/Treas SOHA
Loretta Buscemi
.... ~., March 23, 2009
Dear Mr. Geohringer, ,~"r[ P~4
Please be advised that because of a hip injury ,I Was unal~le to attend the
variance hearing held on Thurs. Mar~h 19th, 2009, regarding-the
reconstruction of my neighbors home, Frank Zagarino located at 200 South
Oakwood drive, Laurel. Mr Zagarino told me that his proposal was tabled
till April 23rd. 2009. At this time, I am still not sure ifI will be able to
attend that meeting, so I would like to let you know my feelings on the
matter.
Mr. Zagadno had previously showed me some plans that indicated a
reconstruction of his home, maintaining the same footprint as is now.
According to the plans that he showed me, I had no objection to the
reconstruction. However, he recently informed me of your decision to
shelve the matter, and that you wanted him to move the house forward on
the property at least 35 feet from his rear property line.
I would be vehemently opposed to such construction and relocation for
the following reasons:
1. when I purchased my home in 1987, one of the reasons I pumhased
the home at this location, was the open air view from all of my
windows on the south side of the house ,,especially the kitchen
window
2. I have had an unobstructed view of the Peconic Bay from my
windows for this whole time that I have lived here at 130 South
Oakwood Drive.
3. Any reconstruction that would move Mr. Zagarino's forward and
closer to South Oakwood Dr. would not only eliminate the present
beautiful view of the Bay, but also eliminate the cool summer breezes
that I get coming offofthe Bay, and the open views I presently have
of our block, and feeling of being in a community where open space
living is a priority.
4. This type of proposal also, would definitely make my home less
desirable, and also devalue the resale value should I ever feel
compelled to sell it.
5. It would not be fair to me or my family to approve any reconstruction
, other than one that would keep Mr. Zagarino's in its present location
Thank you for your understanding in this matter ,,,
Sincerely,
Mr. Vincent Falco
130 South Oakwood Dr.
Laurel N.Y. 11948
DEP^RIMFNI OF PL^NNING
JNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
December 29, 2008
JAN 2 2009
DIRECTOR OF PLANNIN(
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Att: Mr. Gerry Goehringer, Chair
Dear Mr. Goehringer:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following applications submitted to the Suffolk County Planning Commission 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.
Applicants
Municipal File Numbet,~
Berwald, David
Tsimikas (Isidoros) & Papagiannakis (Maria)
Highland House FI, LLC
Schembri, Peter & Gail
Frank Zagarino Trust (c/o Cary Zagarino)
Kate, Paul
M. Mensch, LLC
Frawley, Brian
Martin, James & Denise
#6250
#6252
#6253
#6256
#6257
#6258
#6259
#6261
#6262
TRK:ds
Very truly yours,
Thomas Isles, AICP
Director of Planning
Theodore R. Klein
Senior Planner
LOCAIION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4IH FLOOR P, O. BOX 6100 · (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788~099 TELECOPIER (631 } 853-4044
~ew
AL
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
9th day of April, 2009.
Principal Clerk
Sworn to before me this
CHRiSTiNA VOLINSKI
NOTARY PUBLiC-STATE OF NEW YORK
No. 01.V06105050
Qualified in Suffolk county
03/18/2009
16:23 63172753:
MARTIN
~ SENDLEW,
PAGE 03/04
ZOI~JNG BOARD OF A~PRAL~
TOWN OF 80UTHOLD: I'~W YORX
in thc Matter of the AppIicat/~n o g
0Name of AppliC~,~tt~)
AFFIDAVIT
OF S~GN
POSTING
Regsrding ?o~ng of Sign upon
Applicant's L,~d Identified
1000- .
COUNTY OF 'SUFFOLK)
STATE OF NEW YORK)
, New YorE, being duly sworn, depose and'say that:
tag of my apphcafion rtoted thereon, $~Umly upon my
proporty, located te,t (10) f~t or closer from the street or dght-of~Way (driveway entrano¢) _
faciv, g t~e street Or facing cach street or right-of-way entrance;* a~d that
I hereby c~nfirm that the Poster has remained in place for sevma d~ys prior to th/a/~ date of
the subject hearing date, which hearing date was shown to be: ,~ "J ~ - D R
Sworn to before me this
oeh k
' . OVota,y
,200 ~
(Signature)
NOTARY PUBLIC, State of Ne'~o~
No. 50084?.4
~ Quailed in Nassau Courtly
--'.mission Ex~m.(J Feb. E2, i~e"_,~O I I
the entr~c¢ or dr/very cn~-~nce of my property, ss the sre~ most viaible to psssers~y.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In th~ Matter of the Application of
CTMParceI#1000- It-t) -3- --~. (
AFFIDAVIT
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
~~~_~ New York, being duly sW°r~ depose and sayll~t:
On the ~'-~'1~ day of ~_.r(~ , 200q, I personally mailed at the United States
Post Office in , New York, by CERTIFIED MAIL, RETURN RECEII'T
REQUESTED, a tree copy of the attached Legal Notice in prepaid envelopes addressed to
c ,u~.. ent ownefls-shown on the eatrrent assessment roll verified from the official records on file
*nth the (O/Assessors, or ( ) County Real Property Office , for every
property which abuts and is across a public or priv~.e street, or vehicular right-of-way of record,
surrounding the applicant's property.
(Signature)
8worn to before mc this
, 2oo q
',iOTARY PUBLIC, State ol New
No. 5008424
Qualified in Nassau County
· ~,,oi~it~ Fxores Feb. 22,
PLEASE list, on the back of this Affidavit or on a sheet of paper the Itt numbers next to the
owner names and addresses for which notices were mailed. Thank you.
] ~~o~AL USE
Postage $ fl).42 .- 0901
Falco, Vincent & Lind
~03 New Hyde Park Road
Garden ~ity, NY ~5~0
L~F~C ~ A L
USE
Totat Postage a Fees $
Baum§arten, Gre§ory &
34 Durland Road
Lynbrook, NY 11563
$0,~2
t,?.."/0
$2.20
I0.0~
Buscemi, James & Loretta
195 S. Oakwood Drive
PO Box 397
Laurel, NY 11948
m Cored F~e $2.?0 I~/
g [~tTo ~ ambalvo, Joan
;~ [~.~. ~320 York Avenue
] ~"~~AL USE
$ $0.~2
$2.70
~2,,2~ Here
~0.~
$
McCarthy, Patricia
58 Cresent Place
Short Hills, NJ 07078
~,,~Complete Items 1, 2~ and 3. ,Nso complete
I~ilt 4 ff Resbicted Delivery is desired.
· Print your nameand address on the reverse-*
so that we can return the card to you.
· Attach
the mailpiece,
permits.
1.
MC~thy, Patricia
58 Cresent Place
Short Hills, NJ 07078
2. Art/cie Number
Signature
ReceiVed"
C. Date of Dalivery
6479
ffransfer fn=m sewlce label)
Ps Form 3811, February 20E~-
7007 0710 0000 4619
Bennett Enterprises, LLC
P.O. Box 386
Wading River, New York 11792
7007 0710 0000 4619 6400
IIIIII III III IIIIIII R !/E.,~'.,H~'~,
Giamba[~]oan~
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Applicatk~n of
0qame of Applicants)
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000-
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
~i[~, New Yottt~, being duly sworn, dePOse and'say that: O "~
On the ~ day of [h(~Q.~X , 20[~, I personally placed theTown's official
Poster, with the date of hearing and nature of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) -
facing the street or facing each street or right-of-way entrance;* and that
I hereby confirm that the Poster has remained in place for seven days prior to tl'~t date of
the subject heating date, wlfich hearing date was shown to be ~ "~ q - O ~
(Signature)
Sworn to before me this
844~ day of~q.~,r-ch. ,200 °1
NOTARY PUBLIC. State of Nev~York
No. 5008424
~ Qualified in Nassau County
'~mmission Expires Feb. ~2, ~__._~0
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
03/18/2009 16:23 631727§3
Benne En?rprises, LLC
MARTIN F
PAGE 01/04
March 5, 2009
RE: 200 S. Oakwook Road, Laurel
Dear Property Owner,
Please be advised that an application will be presented to the Town of Southold Zoning Board of Appeals
on March 19, 2009 at 10:20 a.m. to discuss the proposed project.
The project includes the demolition of the existing structures on site and a new proposed sin§lo family
dwellinlL
I have attached a copy of the survey for your review. Please contact me with amy questions you may
have.
Yours truly,
Enclosures
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.north fork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MARCH 19, 2009
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~ MARCH 197 2009:
10:20 A.M. FRANK ZAGARINO TRUST by Carey Zagarino # 6257. Requests for Variances
under Section 280-124, based on the Building Inspector's November 14, 2008 Notice of
Disapproval concerning a new single-family dwelling (after demolition of the existing building),
for the reasons that the new construction: (1) will exceed the code-limitation of 20% lot
coverage on this 8,711 square foot lot and (2) will be less than the code-required 35 ft.
minimum rear yard setback. Location of Property: 200 South Oakwood Drive (westerly side),
at Laurel, also shown on the Map of Laurel Park as Lot 15 and part of 16; CTM 1000-145-3-3.1.
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 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: February 23, 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
#9200
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
5th day of March, 2009. ,~.,...c.,-,.~ /..,¢,~
Principal Clerk
Sworn to before me this
day of
'~~2009.
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01-V061080~0
Qualified In SUItOIR County
My Commission Expill~i I~limety Bi, 301 ~'
the Bailding-~'s No~,gmber 24,
~ ~N? rice 'oTl~s~proval 'Conce ,rhine
~r p~6i4d swimming pool in a side yard
msteed of the code-required rear yard.
at 425 Rcn¢ Drive, Southold ~l~ot 3 on
the 1978 Map of Gendron Minor Subdi-
vision}: CTM 54~-4.1.
9:55 A.M. SAMES and DENISE
MARTIN ft4262. Request for a Varl-
ance under Section 280-11~,. Eased on
the Building Inspector's November 7.
2008 Notice of Disapproval concerning
proposed one-story additions and alters-
TRUST by Ommy Z~garno g 6257. Re-
L thc Map
cLl~Laqre~.}P/~rk as~Lbt 15 and part of 16:
10:35 A.M. BRIAN FRAWLEy =
6261. Request for Variances based on
the Building Inspector's November 3.
2008 Notice of Disapproval and Zoning
Code Interpretation # 5039 [Walz Appli-
cation).cifmg Code Sections 280-112 and
280-124 for, the minimum required side
yard-setbacks on. nonconforming lois
(51.955 square feet ill this R-80 Zone~.
The applicant is proposing a new.dwell-
ing at less than 20 feet on a single side
yard and less than 40 feet for total side
yards. Location of Property: 4545 Hal-
lock Lane (a private road}. Mattituck:
10:50 A.M, FRANK PALILLO and
DIANE PALILLO g 6263. Request for a
Variance under Sections 280-116-C and
280-124~ based on the Building Inspec-
ter~s December 2, 2008 Notice'of Disap-
proval concerning proposed addilions
and alteratiov, s to the exis[mg sing{e-
famliy dwelilng, which new construction
vail be less than the code-required mini-
mum of 35 feet for a rear yard setback
and less than ?5 feet from Oreat Pond
(freshwater). Location of Property: 7433
Soundview Avenue. Southold; CTM 59-
1l:05 A.M. MARY E. MANNING #
6265. Request for an Interpretation and/
or Variance under Section 280-124.based
on the BuildinR Inspector's revised De-
cember 12. 2008 Notice of Disapproval
concerning a proposed addition to the
existing single-family dwelling: (1) which
wiil be less than the code-reqnired mini-
mum 10 fi, side yard, and (2) which new
construction will place the exisQng ga-
rage in a sdde ~ard uistead of the code-
required rear yard, at 700 Ter~ Lane.
0~an 100
(2) concerning a proposed single-story
addition to the existing dwghing with a
setback at leas than the code-req/tired 15
feet on a single side yard on this 24.053
square foot nonconforminglot. Locatio9
Ori6ut~ CYM 15-3-16.
11:40 A.M. HIGHI~AND H~JS' E FI,
LLC g6253. Request for a Variance under
~ection 280-121G, based.on the B~lding
tgspe~!0r's November 10, 2008 Notice
of D_'c~approval coocemmg proposed al-
terations to an ealsting detached garage
with fnonconforming) apartment above.
The reasons stated are that "wbenevc'r
a nonconforming use of a building or
premises has been discontinued for a
period of more than two yeses or has
been changed to a higher classificafion
or ~oa conforming use, anything in this
article to the contrary notwithstan~Fmg,
the nonconforn~mg use of such building
or premtses shag no longer be permit-
ted. unless a variance therefore shall
have been granted by the Board of Ap-
peal~ The buliding-lnspector's Notice of
Disapproval is based on a Pre-Existing
Certificate of Occupancy application in-
spection report dated 10/27/08 tbOt states
that the existing detached garage with
apartment above has not been used in
year~ Location of Property: Oceanvmw
Avenue and Heathdiie Avenue, Fishers
Island: CTM Parcel 1000-9-11-7.12.
12:00 EM. PAUL KATZ #6258 - Re-
quest for a Variance under Section 280-
15(F), based on the Bnilding'Inspector's
lune 23.2008 Notic~ of Disapproval con-
cernmg a proposed accessory garage at
a setback of less than the code-required
Inspector's ~/~1/1~1a~5;-2~09 amended
[2:15 EM. ROM~LI ~AL~,
INC ~ ~d ~1~. (~fit~ued hear-
from app~m.) ~ddn of ~operty:
3~ Route ~ (Sou~ Side of Main
Road), ~tchngue; ~ ~-3-3.1 (for-
merly 97-3-3). Request for Veilings ~d
con.actor's yard and three principal
bu~ngs on this 63338 aquae foot int in
~e Board of Appeals will he~ nil
per.ns, or ~eir repre~ntafives, desir-
ing to be heard at each hearing, and/or
desiring to submit written statements
before the ~nclusion of each being.
Bach bearing ~il not start earlier than
designated above. Files are avaUable for
renew during regular business hours and
have question, please do not hesitate
ta ~n~ o~ o~ at (631)'765-1809,
or by e-mail: Linda. Kowalski~Town,
Southold.ny. us.
ZON~G BOARD OF APPEALS
BY LINDA KOWALSKI
54375 Main Road (Office L~ation)
53~5 Main Road (Mailin~USPS)
Re. Box 1 ~79
ZONING 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, $outhold
website: http://southtown.noithfork.net
March 24, 2009
Re: Town Code Chapter 55 - Public Notices for Thursday, April 23, 2009 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 April 7th
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 alii owners of property (tax map with property nu~mbers 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 hearing, providinq the returned letter to us as soon as possible;
AND not later than April 9th: Please either mail or deliver to our office your Affidavit of Mailin.q
(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 April 13th: 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 or mail your'Affidavit of Postinq for receipt by our office on April 16, 2009.
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.
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
$outhold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TO~FsrN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
53095 Main Road
P.O. Box 1179
Southold, NY 119714)959
FACSIMILE TRANSMITTAL SHEET
Date:
REFERENCE::
Fax #
TOTAL NO. OF PAGES INCLUDING
SENDER S TELEPHONE NUMBER:
COVER:
765-1809 (pr~s I at voice
[] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED []
NOTES/COMMENTS:
Please find attached copy/copies of the following.
Thatflc you.
Sender's Initials:j__~
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 5:3095 Main Road, Southold:
NAME
MAP #
F.ZAGARINO TRUST
By C. ZAGARINO
145-3-3.1
#6257
VARIANCE SETBACK & LOT COVERAGE
REQUEST ADDITIONS/ALTERATIONS
DATE: THURS, APR. 23, 2009,1:15 PM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
ZONING BOARD OF 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, $outhold
website: http://southtown.northfork.net
February 2~, 2009
Re: Town Code Chapter 55 - Public Notices for Thursday, March 19, 2009 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 March 2"d
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 al_l 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 arranqements were made in either a written
statement, or during the hearin.q, providing the returned letter to us as soon as possible;
AND not later than March 6th: Please either mail or deliver to our office your Affidavit of
Mailinq (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 dudng the
hearing and provid~ the card (when available). These will be kept in the permanent record as
proof of all Notices..
2) Not Later March 11th: 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 or mail your Affidavit of Postinq for receipt by our office o._~n March 17, 2009.
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: F. ZAGARINO TRUST #6257
By C. ZAGARINO
MAP #: 145-3-3.1
VARIANCE: SETBACK & LOT COVERAGE
REQUEST: ADDITONS/ALTERATIONS
DATE: THURS, MAR. 19, 2009, 10:20 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
_Qffice Location:
Town Annex/Fa-st Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
$outhold, NY 11971
http://southoldtown.northfork, net
BOARD OF APPEALS '
TOWN OF SOUTFIOLD
Tel. (631) 765-1809 Fax (631) 765-9064
53095 Main Road
P.O. Box 1179
$outhold, NY 11971-0959
FACSIMILE TRANSMITTAL SHEET
Date:
REFERENCE::
Fax #
TOTAL NO. OF PAGES INCLUDING COVEN:
SENDER'S TELEPNONB NUMBE~
765-1809 ~ress 1 at voi~ reco~)
[] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED []
NOTES/COMMENTS:
Please find attached copy/copies of the following:.
Thank you. ! / f J / --
Sender's Initials: __ ~ ~.~O~/~.m ,
Office Location:
rown Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
FACSIMILE TRANSMITTAL SHEET
TO:
D~;
Fax #
SENDER'S TELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
REFERENCE::
[] URGENT ~ORYOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ..........
NOTES/COMMENTS:
Please find attached copy/copies of the following:
Thank you.
Sender's Initials:
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
December 1, 2008
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:
ZBA File #6257
Action Requested:
Within 500 feet of:
Owner/Applicant: Frank Zagarino Trust c/o Cary Zagarino
Non-conforming use
( ) State or County Road
(X) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Gerard P. Goehdnger
ZBA Chairman
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailin~ Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
hnp://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
June 2, 2009
Jodi Giglio
Bennett Enterprises LLC
Wading River, NY 11792
Re: ZBA # 6257 - Frank Zagarino Trust by Carey Zagarino Variance application
Dear Ms. Giglio:
Transmitted for your records is a copy of the Board's May 19, 2009 Findings,
Deliberations and Determination, the original of which was filed today with the Town
Clerk regarding the above application for variances.
Please be sure to submit an application for a building permit with three sets of
maps and any other documentation (if not already filed) directly with the Building
Inspector's Office. You may want to furnish an extra copy of the enclosed when
furnishing additional information to the Building Department.
If you have any questions, please feel free to call at any time.
Very truly yours,
Encl.
Copies of Decision to:
Building Department
Town Clerk (Original for filing)
Linda Kowalski
Baumgarten Family
330 Southoakwood Drive
Laurel, NY
April 1, 2009
Town of Southold Zoning Dept.
Town Hall Annex Building
54375 Route 25
Southold, NY 11971
To the zoning board:
We own the house located at 330 South Oakwood Drive, which is on the south side of the
Zagarino property. We have lived here for several years. One of the reasons we choose
this house and block was that we liked the way the houses were all situated towards the
back of the properties giving an open, spacious look to the block. When we look out our
front door now we have a view of trees and open space. If the Zagarino's house is moved
forward this would not be so and the overall look of the block would be changed. We
would much prefer to have them build their house as close to the original position as
possible.
Joan Giambalvo <joangiambalvo@hotmail.corn>
F~V: Request for Variances by F. Zagarlno- Trust #6257, MapCTM 1000-145-03-3.1 Lots 15 & 16
March 23, 2009 5:10:58 PM EDT
fzagarino @optonline.net
Hi Frank. Hope you and Liz are well. Just wanted to let you know that ! emailed the letter to the Board. [n the
future, if needed, here is my address:
1330 1st Ave. Apt 1908
New York, NY 10021
Joan
From: joangiambalvo@hotmail.com
To: linda.kowalski@town.southold.ny.us
Subject: Request for Variances by F. Zagarino- Trust #6257, i~lapCTM z000-145-03-3.1 Lots 15 & 16
Date: Mon, 23 Mar 2009 17:03:19 -0400
TO:
Board of Appeals
Town of Southold, N.Y.
FROM: Joan E. Giambalvo
3. Milton Hutson, M.D.
135 S. Oakwood Rd.
Laurel, New York, 11948
We have been made aware of the proposed demolition and reconstruction of the dwelling at 200 South
Oakwood Rd.. Our property at 135 S. Oakwood Rd. is across the street and one house to the north. We would
like to inform you, as members of the South Oakwood Homeowners' Association, that we fully support
approval of the proposed variances.
Thank you for your consideration of this matter.
Joan E, Giambatvo (Tel) 646-331-7259
J. Milton Hutson, M.D.
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