HomeMy WebLinkAbout6218/ 5'8'0 1-~.._4.~ -D~; u~.
APPEALS BOARD MEM~RS
Gerard R Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jn
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
FINDINGS, DELIBERATIONS, DECISION
MEETING DATE: DECEMBER 18, 2008
ZBA # 6218 - CHARLES and SUSAN GEITZ, Applicants
PROPERTY LOCATION: 1580 Leeton Drive, Southold
CTM Parcel # 1000-58-2-5
£~CEIVED ~
¢jLu 3'.1
v DE ? 'S ,;
Son,hold Town Clerk
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.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application 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 September 22, 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.
PROPERTY FACTS/DESCRIPTION: The subject property is a non-
conforming 12,434 sq. ft. lot in the R-40 District measuring 75' wide
on Leeton Drive, 75.01' wide along Long Island Sound, and 165.35'
deep on the easterly property boundary and 166.23' deep on the
westerly property boundary.
BASIS OF APPLICATION: Request for a Variance under Section 280-
116A(2), based on the Building Inspector's June 10, 2008 Notice of
Disapproval concerning an as-built deck as reconstructed with a
setback at less than 100 feet from the ordinary high-water mark of
the Long Island Sound.
LWRP DETERMINATION: A Letter confirming inconsistency was
submitted to the Board of Appeals under Chapter 268, Waterfront
Page 2 - DecemberW2008
ZBA # 6218 - Charles and Susan Geitz
CTM 58-2-5
Consistency Review of the Town of Southold Code and Local
Waterfront Revitalization Program (LWRP) standards dated October
2, 2008. The applicant obtained a Wetland Permit (# 6460 dated
September 20, 2006) from the Board of Southold Town Trustees to
raise his existing dwelling on piles to conform to FEMA standards in
the same location and remove the existing decking, which was old
and in disrepair, and replace it in place and in kind after the house
was raised, with the condition that drywells and gutters be installed
to contain roof run-off. The renovated house and deck are landward
of the coastal erosion hazard line, according to a survey by John C.
Ehlers, LLS dated 06-24-2008. The Board of Appeals believes that
these measures mitigate the inconsistencies with the LWRP
standards.
RELIEF REQUESTED: The applicant proposes to legalize an
attached as built reconstructed elevated deck measuring
approximately 59.9' x 16.3' with steps and an elevated walkway on
the easterly side of the house at a 35' setback form the ordinary high
water mark of Long Island Sound.
ADDITIONAL INFORMATION: The applicant stated at the public
hearing on December 4, 2008 that he had not included the deck on
the plans he submitted to the Building Department to obtain a
building permit and therefore had not received a Notice of
Disapproval for the proposed new replacement deck. Moreover, he
did not know that he needed a setback variance from the Board of
Appeals for the replacement since the Trustees had granted him
permission to rebuild it at the elevated height required by FEMA.
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 not
produce an undesirable change in the character of the neighborhood
or a detriment to nearby properties. The current elevated as-built
deck replaces a deck that had been existing on the subject property
in the same location for about 40 years.
2. Town Law §267-b(3)(b~(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 existing house is set
back approximately 46 feet at the closest point from the ordinary
Page 3 - December ~1~008
ZBA # 6218 - Charles and Susan Geitz
CTM 58-2-5
high water mark. Therefore, any deck on the seaward side would
require a variance.
3. Town Law §267-b(3)(b)(3). The variance granted herein is
substantial and represents a 65% variance from the code required
minimum of 100' setback from the ordinary high-water mark of the
Long Island Sound
4. Town Law §267-b(3)(b)(5). The difficulty has not been self-created
but is the result of the non-conforming set back of the house from the
ordinary high water mark.
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. The house has been elevated to conform to FEMA
regulations and gutters and leaders and drywells are instilled on the
property to control roof run-off.
6. Town Law §267-b. Grant of the requested relief is the minimum
action necessary and adequate to enable the applicant to enjoy the
benefit of a seaward elevated deck, while preserving and protecting
the character of the neighborhood and the health, safety and welfare
of the community.
RESOLUTION OF THE BOARD: In considering all of the above
factors and applying the balancing test under New York Town Law
267-B, motion was offered by Member Weisman, seconded by
Chairman Goehringer, and duly carried, to
GRANT the variance as applied for, and shown on the elevation
diagram prepared 7-21-08 by Eileen Santora Drawing #335, and
shown on the 06-24-2008 survey prepared by John C. Ehlers,
LLS subiect to the following condition: The deck shall remain
open to the sky.
That the above condition be written into the Building Inspector's
Certificate of Occupancy, when issued.
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
Page 4 - December ]1~008
ZBA # 6218 - Charles and Susan Geitz
CTM 58-2-5
not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code,
other than such uses, setbacks and other features as are expressly
addressed in this action.
The Board reserves the right to substitute a similar design that is de
minimis in nature for an alteration that does not increase the degree
of nonconformity.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer,
Dinizio, and Weisman. Nay:/M~emb~r S~rr)~ This Resolution was
duly adopted(4-1). ~ / /" ~ ? ~
~l~rd P. Goehrin~er, ~hairp~n 12/~/08
fApproved for Filing /
r?
,l
L
SURVEY OF PROPERTY
~ITUATE: PECONIC,
TOP~.' E~:~lJTI-IOLD
~¢)i=FOLK C, ODNT'K, N'Y
C"b~e.a C~itz
N
JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
RIVER/~AD, N.Y. 11901
369-8288 Fax 369-8287 REF.\\Compaqserver\pros\03\03-312 update 06-24-20
NOTES:
· NIONUHENT FOUND
0 PIF~ FOUN~
APJEA = 12,4~4 s~ or 0.2q ocres
COA~T~ ~ION HAZA~ LI~ AS ANNOTA~D FROH A~A
~PHIC 5GALE I"= ~0
FORM NO. 3
NOTICE OF DISAPPROVAL
-RECEIVED
~ONING BOARD OF APPFAL~
DATE: June 10, 2008
TO: Charles and Susan Geitz
1580 Leeton Drive
Southold, NY 11971
Please take notice that your amendment dated April 22, 2008
For permit for an as built deck reconstruction at
Location of property: 1580 Leeton Drive, Southold, NY
County 'Fax Map No. 1000 - Section 5_88 Block~2 I.ot~5
Is returned herewith and disapproved on the following grounds:
The proposed construction, on this nonconlbrming 12,434 square foot tot in the P,-40 District is not
permitted pursuant to Article XXI1 Section 280-116 A (2), which states:
"Except as otherwise provided in Subsection A(1) hereof, all buildings or structures located on
lots adiacent to sounds shall be set back not less than 100 feet from the ordinary high-water
mark or said sound."
The as built deck is noted as being +/- 35 feet from the ordinary high water mark.
F/~pprova~'q~was written based on a survey by John C. Ehlers, LS, dated 12/10/3-
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
For Office Use Onty
Fee:$ Filed By: Date Assigned/Assignment No. ~[P 8 0[}8
Office Notes: z~ b 2.-/['
Z~ONING BOARD OF ~PPE!LS
V
HouseNo.~IE~Street L~40~X [~'~J~~ Hamlet
SCTM 1000 Sectionc.~'~Block ~_ Lot(s) 'x~ Lot Size Zone
I (WE) APP~E.,A~TT~N~ETERMINATION OF THE BUILDING INSPECTOR
DATED - ' A'~[D'ON MAP DATED
Applicant(s)/Owner(s): ~ ~['~ C~r-[ e~
I,
Telephone: ~(0~- 2Ell
NOTE: In addition to the above, please complete below if applkation is signed by applicant's aUorn~y, agent, architect, builder, contract
vendee, et~. and name o[ 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:
~Applicant/Owner(s), [3 Authorized [] Other Name/Address below:
O£
Representative,
or
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED
AN APPLICATION DATED FOR:
[] Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
}~Permit for As-Built Construction
[]Other:
and DENIED
Provision of the Zoning Ordinance Appealed. (Indieate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the eode.)
Article~ [1 Section 280- [ I ~ I~ ~-- Subsection
Type of Appeal. An Appeal is made for:
~J~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 ~ffice for
assistance.)
Name of Owner: Zl~ile #] ~'P ~ 2008
REASONS FOR APPEAL (a i ional see s mat~ be used wit preparer $ signature): [
A~A VARI~CE ~ONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detrimenttonearbypropertiesifgranted, because: ~'7', L d~E~'~ I'~
(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:
(3) The amount of relief requested is not substantial 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. U Yes (please furnish colby).
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE TIlE
ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorqqy.)
Signature of Appellant or Authbt'ized Agent
Swornttqo before me this ~ (Agent Owner)
Authorization
.
MELANTE DOROS~
NOT~Y PUBLIC, State of
No. 01D04~4870
~al~ied in Suffolk Cou~
Co~on ~res ~pte~er 30,
Applicant:
APPLICANT'S PROJECT DESCRIPTIO
(For ZBA Reference)
C ~'~ O,-~/'" (~.~ ~0_..~.' '~1-- Date Prepared:
I. For Demolition of Existing Building Areas
Please describe areas being removed:
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dtmens~ons of first floor extension: I ~ o~. ,_q~, '~;
Dimensions of new second floor:
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet 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: I 24
Percentage of coverage of your lot by building area:
V. Purpose of New Construction:
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the_ difficulty in meeting the code requirement(s):
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
Page 3 of 3 - Appeal Application
RECEIVED
SEP g ~0o8
ZONING SOARD OF: APPEALS
Part B: REASONS FOR USE VARIANCE ('rf requestecD:
For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where
the Project is Located (please consult your attorney before completing):
1. Applicant cannot realize a reasonable return for each and every permitted use under the
zoning regulations for the padicular district where the property is located, demonstrated by
competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because:
(describe on a separate sheet).
2. The alleged hardship relating fo the property is unique because:
3. The alleged hardship does not apply to a substantial portion of the district or neighborhood
4. The request will not alter the essential ch~recfer of the neighborhood because:
5. The alleged ha[dship has not been self-c~eated because:
6. This Is the minimum relie! necessary, while at the same time preserving and protecting the
character of the neighborhood, and the health, safety and welfare of the community. (Please
explain on a separate sheet if necessary,)
7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and
substantial justice will be done because: (Please explain on a separate sheet if necessan/.)
( ) Check this box and complete PART A, Questions on previous page to apply AREA
VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed lo the
sl.clnafure and notary area below.
Signature of Appellant or Au'theorized Agent
rn to before me this (Agent must submit Authorization from Owner)
ov at. ...... 200 .
~TARY PUBLIC, Stae of New~
"' (Nofa~ P~llc) No. 01D04634870
aualified in Suffolk CounW .~ ,, ~
Co~bsion ~ir~ ~ptember 30, ~' ~ ~
QUESTIONNAIRE
FOR FILI~G WITH YOUR Z.B.A. APPLICATION
RECEIVED
SEP 8 2008
ZONING BOARD OF APPEALS
A. Is the subject premises listed on the real estate market for sale?
13 Yes
B. Are there any proposals to change or alter land contours?
)~,Io [] Yes, please explain on attached sheet.
C. 1) Are there areas that contain sand or wetland grasses? ~ C~- 2) Are these areas shown on the map submitted with this application?
3) Is the prop~ .r~y bull<headed between the wetlands area and the upland building area?
4) If your property contains wetlands or pond areas, have ~,o~u contacted the office of the
Town Trustees for its determination of jurisd~tion? ),-~ C, Please confirm status of your
inquiry or application with t~he_~Txusleesr~t--tg~.JV~_~c[ -
and if issued, please atta~ copras of permit with"oqnditions and approved map.
D. Is there a depression or slop~Drg ~l~v,~tlunw're~he area of proposed construction at or below five
feet above mean sea level? [~ O -
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not sho~vn
on the survey map that you are submitting? ~cOt~l~ (Please show area of these
structures oo a diagram if any exist. Or state "none" on the above line, if applicable.)
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 Bulling
Department and describe: ~ .t 424- ~O~,~- ..~,r- tX- 1,Ota~-.
G. Do you or any co-owner also own other land close to this parcel? ~-)O 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 ~( ~. o {'~.~~
and proposed use
(examples: existing: single-family; proposed: same with garage or pool, or other description.)
Authorized Signature and~)ate
2/05; 1/07
Town of Southold
INSTRUCTIONS
1.
LWRP CONSISTENCY ASSESSMENT FORS4
RECEIVED
SEP 8 2008
All applicants for permits* including Town of Southold agencies, ~ F for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this fbrm should review the exempt
minor action list, policies and e~planations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial mid adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on ttts fmTn is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action camlot be certified as consistent with the LWRP policy
standards and conditions, it shall not be tmdertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold s webs're
(southoldtown.northfork.net), the Board of Tmstees Office, the Plmming Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
The Application has been submitted to (check appropriate response):
Category of Town of Southold agency action (check appropriate response):
(a) Action tmdertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(~)-' eSt~it, apprb:valCh~cense, ~h~h{ib-ni
Nature and extent of action: f..
Site acreage:__
Present land use: 5~'~ (~ -~2~:L,,~ ,' [ ~
Present zo~fing classification:
RECEIVED
SEP 8 2008
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of aPplicant: C (~ 04--(if_ _q
(b) Mailingaddress:__ tS~O ~..e-6'~ 0~1~' ~Ot.j~t3 (c~,
(c) Telephone number: Area Code ( ) ~9 3 t- ?~'-~>1 I
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [] No [~ If yes, which state or federal agency?
C. DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances conmmnity character,
preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and
minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation
criteria.
~]¥es [~ No ~ Not Applicable
Attach additional sheets if necessary
..... F611cy~T~..T~oleeFa~d-pr-6~ervf hisloric- a-fid archi~o ologf6ai resources 6f-the oT6~n oY S'6i~thold. See LWRP
Section III - Policies Pages 3 through 6 for evaluation criteria
F-] Yes [--] No [~ Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
Yes ~ No ~ Not Applicable
the Town Of Southdd. See
RECEIVED
SEP $ 2008
At~ach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
[~ Yes [--] No [X~ Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
~] Yes [--] No ~Not Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significaut ................ Coastal Fish and Wildlife Habitats and wetlands: See LWRP Section III - Policie_s; Pages 22
thrOugh 32 for evaluation criteria.
[~ yes [] N~ [~] NO~ Xppi[~-abie
· 4,
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See L'
Pages 32 through 34 for evaluation criteria.
[~ Yes ~] bio ~ Not Applicable
SEP 8 2008 ~
ZONING E~OARD OF APPEALS_J
Attach additiOnal sheets if necessary
Policy 8. Minimize enviromnental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section Ili - Policies; Pages 34 through 38 for evaluation criteria.
Xes [~ No %] Not Applicable
PUBLIC COAST PO1ACIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
Yes ~] No [~ Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See I~WRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
~Y~ []-No ~.~X~-..ca~
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long
and Town waters. See LWRP Section III - Policies; Pages 57 through 62
~] Yes [] No [~ Not Applicable
o .E_!VED
ad S onlffi, t. th6dl~on i c~s tu a ry
r evaluation criteria.
ONtNG BOARD OF ApPEAL~
Attach additiona! sheets if necessary
Policy 12. Protect agricultural lands in the Town'of Southold. See LSVRP Section III - Policies; pages 62
through 65 for evaluation criteria.
[~ Yes [--] No ~ Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy aud mineral resources. See LWRP
Section Ill - Policies; Pages 65 through 68 for evaluation criteria.
Yes [] No ~ Not Applicable
Created on 5/25/05 1].'20 AM
617.21
Appendi~ C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FOR31
For UNLISTED ACTIONS Only
PART I - Project information (To be complete by Applicant or Project sponsor)
1. Applicant / Sponsor 2. Project Name
SEOR
RECEIVED
SEP 8 2008
ZONING BaRFeD OF APP~AL.~:._~
3. Project location: Municipalib/ Count/
4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map)
/sro S
Is proposed action:
6. Describe project
~ount of land affected:
Will proposed action comply v~th existing or other ex, sting land use restdctions:(~ YES ( ) NO If No, describe bdefly:
What is present land use in vicinity of project: (describe):
[~--Restdential ( } Industrial ( ) Commercial ( ) Agecullural ( ) Park/Forest/Open Space ) Other
10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local)
) YES (~NO If Yes, list agency(s) and permitJapprovals:
1. Does any aspect of the action have a currently valid pem~it or approval?
~,~ YES ) NO If Yes, list agen.~z(s) and p~nnJt/approClHs:
~2. As a result of proposeO action, ~1 e~8tin9 pe~i~a~Droval require
) YES ( ) NO If Yes, list agency(s) and pe~igapprovals:
I certify that the information provided above is true to the best of my kn, owledge
IApplica n, / S po n sar N am e: __ ~.~,"~/,.._,._t~_..~_~.~ e... ,-J~'L_ Date: ~.r~^ "2.-~ ~ 0 g
If the action is in the Coastal Area, and yo~are a state agency, complete the Coastal Assessment Form before proceeding with this assessment
~ ~ACTIONAL DISCLOSURE
The Town of Southold's Code of Ethics prohibits conflicts of interest on
and ?.nployees. The purpose of this form is to -r,~,,;,~ ;mc .... . , the part of~fTown officers
possible conflicts of interest and am,,,, :, .... ,_ r ~,, ..... ~u~!~mtmn, wmcn can allen
.... ., ,u ta~.e whatever action is necessary to a,~oid slPa~e~
other entity, such as a company. If so, indicate the other person or company nam . ONIN¢
NATURE OF APPLICATION: (Check all that apply.)
Variance
Special Exception
*Other
Approval or Exemption
from plat or official map
Change of Zone -- ~
Tax Grievance
f Other name the act~mty:
Do you personally (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationshi" includes b
blood n~!m~Tia e or business interest." ' ·
-- "Business interest" means a business includin a
P~ m~n Which thee To~~
Lartial ownershi of or
en~J~on in which the Town officer or ~nore~
[/'you answered "YES", complete the balance of this form attd date and sign where indicated.
Name of pc, son employed by the To?tn oflSo, utholct: ~~e
Title or pos/lion of that person: ~{~~ ~)~~__
Desciihe that lelationship between yourself (the applicant, agent or contract vendee) and the
'l'ox~q~ officer or employee. Either check the appropriate line A through D (below) and/or
desca ibc the relationship in the space pro%ded.
The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that
apply):
___ _ A) the o~vner 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) tile aclxlal applicant.
DESCRIPTION OF RELATIONSHEP ~W~5~r' ~'h&--[.~LO,
~}*bmi,ed this~ ~ay of4~ Z~X4" --/r) .~
Pnnt Name:~_
BOARD OF SOUTHOLD TOWN TRUSTEE~;
SOUTHOLD, NEW YORK
PERMIT NO. 6460
DATE: September 20, 2006
ISSUED TO: CHARLES GEITZ
PROPERTY ADDRESS: 1580 LEETON DR, SOUTHOLD
SCTM#58-2-5
AUTHORIZATION
Pursuant to the provisions of Chapter 275 and/or Chapter I 11 of the Town Code of the Town of
Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on
September 20~ 2006, and in consideration of application fee in the sum of $250.00 paid by Charles Geitz, and
subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes
and permits the following:
Wetland Permit to raise the existing dwelling and construct a cellar, raising
the house 5; decking to be removed and replaced after house is raised; and remove the
existing shed, with the condition drywells and gutters are installed to contain the roof
run-off and a line of staked hay bales is installed prior to any activity, and as depicted
on the plan prepared by Joseph Fischetti, Jr. dated January 3, 2006.
IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of this date.
w SOUTHOLD
G DEPARTMENT
itALL
. HOLD, NY 11971i
~: (631) 765-1802
..AX: (631) 765-9502
www. northfork.net/Southold/
Examined / O//~ ,20
Approved I/0//(~, 20
Disapproved
Expiration ,20
PERMIT NO., 3..-~-~q '~ ~ ~'~
BUILDING~RMiT APPLICATION CHECKL
Do y'l~ffi~ave or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.SD.E.C.
Trustees
Contact:
Mail to:.
APPLICATION FOR BUILDING PERMIT
Date
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 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 prera/ses available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ord/nance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(Signag[re of applicant,o'f'nq~e, ~orporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises
(As on the tax roll or latest deed)
If applicant 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.
Location of land o9 whichlProposeed' work will be done:
House Number Street
County Tax Map No. 1000 Section
Subdivision
(Name)
Hamlet
Block ~rYwr, Lot
Filed Map No. ~.": ,, Lot,
2. State existing use and occupancy oeemises and intended use and occupar~bfproposed construction:
a. Existing use and occupancy_
b. Intended use and occupancy---~L'~'U t° J ~/'tO Ox5 ¢-' Ot,,,c0 O- 0---~l(O,/'
3. Nature of work (check which applicable): New Building
Repair Removal Demolition~
4. Egtimated Cost
Addition Alteration
Other Work !~ ~'(2ML /d~O,.3O_, ~'/
r4~De~c~?tion)
5. If dwelling, number of dwelling units
If garage, number of cars
Fee
(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.
Rear Depth
Dimensions of existing structures, if any: Front
Height Number of Stories
Dimensions of same structure with alterations or additions: Front
Number of Stories
Rear Depth
Depth Height
8. Dimensions of entire new construction: Front
Height Number of Stories
9. Size of lot: Front Rear
10. Date of Purchase / / q~'" Name of Former Owner
11. Zone or use district in which premises are situated
.Depth
Rear
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
Will lot be re ~aded? YES NO )t.., Will excess fill be removed from pr .elni_.ses? YES NO
13. -~- · -- ,-~ ~. ' ~ ~,f~ '
Name of Contractor Address Phone No.
· 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES ]X~ NO __ · IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet ora tidal wetland? * YES ~/~ NO
· IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
COUNTY OFQ~ t_.,-~ ~)IJ~-
~krl.t*/e,% (~), ~¢_,'J~-.2~ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn~okbefore me this ~- ·
i ~...~,~- da3~of 0i/111.41 200¢
' ' ~- ..... Not¢¢lic '
M~IE O~
~Falifi~ In 8~olk Cou~ ,~ ~ al
Signature of Applica~-~
DWNER
FORMER OWNER J
l ~ Inlr !~ vr .~VV · ~lVk[~
VI LLAGE '
W
SUB. LOT
TYPE OF BUILDING
LAND
FARM
Ti'liable I
IMP.
VL
TOTAL
FARM
DATE
COMM. CB. MISC. Mkt. Value
REMARKS
VaJue Per
~-:.bl · 2
~Jtab[e 3
Wobdland
~m~land '
~rushland
House Plat'
Fotal
RONTA ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
'FORMER OWNER
~s. SEAS.
LAND LMD.
_L_~~
AGE
N~
Farm Acre
liable 2
Tdlable 3
W~odl~d
Swampland ~ . ~
Brushland
House Plot
Total
NOPJv~AL
DISTRICT SUB.
¢
TYPE OF BU1LDING ~//¢ ~,L/~),/~t~l~//~,~.~,,,, ~,..
£/lrO
BUILDING CONDITION
BELOW ABOVE
Value Per Acre Value
58.-2-5 ~'§6
,~ Found~.~n
~xt. Wolb
Fire Place
r
/~ .r ,~
Bath
"~X.. [Floors
· ~.,'! -~:' :~/I Interior Finish
Porch I A~ic
~ R~s ~st Floor
Porch,
R~s 2nd Flaor
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Marling 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 26, 2008
Mr. and Mrs. Charles Geitz
1580 Leeton Drive
Southold, NY 11971
Re: ZBA File No. 6218 - Zoning Code Variance Application
Dear Mr. and Mrs. Geitz:
Enclosed please find a copy of the Zoning Board of Appeals
determination rendered at the Board's December 18, 2008 Meeting.
Please be sure to follow-up with other agency reviews that may apply
and to obtain a Town of Southold building permit from tho Building
Department located in the Town Hall Annex Building.
Thank you.
Very truly yours,
Linda Kowalski
li/24/2008 17:23 6317273168 USDA NRCS PAGE 01/01
COUNTY OF SUFFOLK
~ZLAND WATER
CONS~VATIONDTSTi~T
FAE~ {S31)727-3160
(631)'727-2315 ~c3
November 24, 2008
Chairman Gerard Goehring~r
Board of Appeals
Town of Southold
53095 Main Rd
P.O. Box 1179
Southold, Ngw York 11971-0959
RE: ZI~A File REF. No 6218 (Ocitz)
Dear Chairman Goehringer:
As requested, a site review was conducted at 1580 Leeton Drive in Southold. The site was evaluated for
potential natural resource cone~m~s regarding the re-building of a rear deck on Long Island Sound.
At the time oft}ds site visit thgre wgrc no observed natural resource concerns. The propertyis protected by
an approximately 10 feet tall woodgn bulkhead. Tbs bulkhead is currmfly in stabile condition;
them is some deterioration in the wood at the toe of the bulkhead which should b~ monitored. As with all
shoreline stabilization practices, it is adv/sed that the bulkhead be inspected after every storm; any comprises
to the integrity of the bulkhead should be repaired immediately. No erosion at the toe of the bulkhead
observed. The land above the bulkhead is relatively flat and con*i,t, of sand. There exist gutters and
downspouts but no gutters. No erosion was ob,em, ed.
Them arc no natural resource concerns with regard to re-building the rear d~ck.
If you require further ~sistance in this matter please don't hesitate to let me know.
Best reg~ds, ., I') /'l ,'1
Dis~ct Technician
423 GRIFPING AVENUE SUITE 110 RIVEPJqEAD, NY 11901
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Gerard Goehringer, Chair
Town of Southold Zoning Board of Appeals~
From: Mark Terry, Principal Planner
LWRP Coordinator
ZONING BOARD OF APPEALS
Date: October 2, 2008
Re:
Coastal Consistency Review ZBA# 6218 (Geitz)
SCTM# 1000-58.-2-5
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold
Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the
information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the
records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted
following Policy Standards and therefore is INCONSISTENT with the LWRP.
Policy Standards
4.1 Minimize losses of human life and structures from flooding and erosion hazards.
The following management measures to minimize losses of human life and structures from flooding and
erosion hazards are suggested:
Minimize potential loss and damage by locating development and structures away from flooding
and erosion hazards.
I. Avoid development other than water-dependent uses in coastal hazard areas. Locate new
development which is not water-dependent as far away from coastal hazard areas as
practical.
b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion
Hazard Areas.
The proposed action "as built deck" is not a "water dependent use". It is
recommended that the structure be located as far away from the CEllA area az
practical to maximize the distance from the "hazard area" and minimize the potential
of future structural loss.
Move existing development and structures as far away from flooding and erosion
hazards as practical. Maintaining existing development and structures in hazard
areas may be warranted for:
a. structures which functionally require a location on the coast or in coastal waters.
b. water-dependent uses which cannot avoid exposure to hazards.
sites in areas with extensive public investment, public infrastructure, or major
public facilities.
sites where relocation of an existing structure is not practical.
The proposed action does not meet the above reasons to warrant "maintaining existing
development" within this area.
The distance from the "as built deck" to the ordinary high water mark is 35'; a minimum
separation distance of 100 feet is required pursuant to Chapter § 280-116. Building setback
requirements adjacent to water bodies and wetlands which states:
A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound.
(2) Except as otherwise provided in Subsection A(1) hereof all buildings or structures located on
lots adjacent to sounds shall be set back not less than lOO feet from the ordinary high-water mark
of said sound.
It is recommended that the Board amend the application to meet and/or further the above
policy to the greatest extent practicable and minimize the potential of future structural loss.
Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation
in preparing its written determination regarding the consistency of the proposed action.
Cc: Kieran Corcoran, Assistant To~vn Attorney
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIV~o3~
September 22, 2008
RECEIVED
SEP f 9 2808
~ONING BOARD OF APPFAL___~S
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 requiremeuls of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s) submitted to the Suffolk County Planning Colranission 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)
Jacobs & Gates
Larocca
Pezzino
Terzis
Marron
Friemarm
Geitz
Gama Deer Park Inc.
Franeker Investments, Inc.
Kaplan
Krlis
Messina
Romanelli Realty
Municipal File Number(s)
_ /6212/~
~6216 ~¢
~6217~V
~6218~~
~6219 ~ /
~6220 ~z
~221 ~ /
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 5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
RO. 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, DECEMBER 4, 2008
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, DECEMBER 4, 2008:
10:55 A.M. CHARLES and SUSAN GEITZ #6218. Request for a Variance under Section 280-
116A(2), based on the Building Inspector's June 10, 2008 Notice of Disapproval concerning an
as-built deck as reconstructed with a setback at less than 100 feet from the ordinary high-water
mark of the Long Island Sound, at 1580 Leeton Drive, Southold; CTM 1000-58-2-5.
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: November 12, 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
#9111
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 t week(s), successively, commencing on the
27th day of November1 2008.
'/' Clerk
.. .
Sworn to before me this
/ day of ~-~' 2008
LEGAL NO~iCE
SOUTHOLD TOWN
ZON1N(3
GE!TZ:,~8~, ]~ue~t for a VariimFe
underl Serif 280:11~,A(2), based on
he Buitdi~ Inspect~ ~ lun~ 10, 2008 '
Not ~ of Disapp~0val~b0ncem n~ an
a~-bhgt deck as re~o~tructed with a set-
b~c~~ ~i~S than ~ fe6t fro~ thCs&dF
n~.hi~Water m~ ~[ the E~n~ i~land
S0Un~' 1580 LeetOn ~riv~ S0athold}
11:~5~ ~.M. FRANK SCAROLA
~6227. Requests for~ (1)a S~ecihl
ception under Section 280 I3B for
version of'~n existiog building t9 a
famil9 dwelling~ (2) Variances under
Se~tio~ 280;13~ ~ 28044 b~3
the Bud ng lnsp~t~ d amendedCSep-
temb~ 10~ 200~nam of ~sappr~aI,:
st~fing that: (a~gonve~si~n
sory bu~ding~:fb~:fig~ ~ ~fie'~/btage is
a non:~mitte3 Q~e~'~nd (b) that the 10t
s~e ]~.feqdi?ed to be 169,~0 square fe~t
fo[~mt~0-fhmily dw~}~, Zone District:
trier: Edeaii~n 6~ ~0per~: 4850 Sound
CHRISIINA VOLINSKt
NO'fARY pUBUC-S'rATE OF N~.W yORK
No. 01-vonl 05050
Qua~l;[ed in Su((Olk CouWiY
reqmredLhiim~un~ ol~tSb .i'~t~
indian Neck-,Irene Pe¢0niF; ~ 1000-
DADDON~3f62~:97R~gtib~ fnea Var': 1-00 EI¢~7, ~N~0.~I)DS ~6231. Re-
ance under Sect!on, gS04~$[l~sed on the quest for a~t~ance under S¢ct!gns
Bnilding 'Inspe~0~'5 ~.ept~mb~r 9,; 2-Q9.8 ' 12~ ~d.~2§~?~:}4,,ha~d S[~
Notied 6f;Di~il~fnval ~SOhderfiing gre- ings-[n/~¢etb?s :f~i~a~'S~pte~be~ 18,
~ard diner than a rear yar~ (thqpro er~ a 'i0p~cd new,d~e ng-after
las two front yards and two sMe yards), trna ~f the emst~ng budding, w~ch new
Location of Prnpertg~ 1380 Cal~0s Neck ~6~hG{6~ ~1} cke~t¢:~ hdW
Road South01d; ~ 1~63 7-25. non~nf~man~}an~.%il~qr~tE an
9:40 A.~. ~KY GERMAISE cr~se~'thedegree0fnon~mfformonce
with regard to the front yarff~setback at
~6226. Request for a Varianc~ u~der ' ~; ''~ ' ~ ' ~*'
Section 280:124, ba~d 'on the Building less than ~e eode-required min~um of
Ins ector's September 5 2008 Not ce of 40 ~&on this p~ce} containin~ 2~¢22
Dlsappro~a concerning a pressed ad-. s ~et. ~cabo~ of Pr~perty~ 69
required min~u~0[50 f~t for the lear
¢~r~ S~tbac~, at 345 Bunny Latin; New" iii0 RM. RO~ELL~ REALTY
v}-~) A}:vi. ~L~B ~X¢~.d~[~ ~ropertv: 3h660 Route 25 (Main Road),
Requcst for Variances under Sections
280-15C and 280 124, based on the
Budding Inspector s amended Septem-
ber 2. 2008 Notice of l)Jsappioval con
corning Ill accessow Swimmlllg Peel
proposed with a front yard setback :it
less Ihan thc code-requned minimum of
4{} feet and wdh lot coverage exceeding
(1) will be an increase in thc degree of
ing garnet x~th nonconfo}mm~ sleeping adjacent to Greai peconicBay. ,': :a-rear yard at 16ss than 35 feet4 (3) will lng. !f you haye questions, please do not
a~e; ancot ft bathroom ~l~e~nex~ con : ~. :OAMA ~OPERTigS ~grea~er~an60Qnearf~tg~on~ge hesitate.~o coht~Ct ~uf bffi~ ~t (631~
st~uc n is not permeted for thc fotlow" %g~i~).~d~¢~i~qu~t, fo~:~ri: ~gbh¢~iia~t~8)4t~¢~6~-~4P%~}~9p35; 7~318O9'O?'~'~mfiil:Linda:Kd*M~g!~
a sidcvards essthan35feet:(2) theac D,Sfi r~ conceding proposq~'~a- :. -~.Bqar~¢(Appea~!lheg . ., ¢~*,~a~
cessory garage buddmgconstruct'on w~ d ti6~d a teraliofis fi Conv~Mg an persn~ o~ ~eir.represeAtat ~eg; 8e~,~ : . :., ..... ~ .......
:.~ · ~ '-" : ~i ~n~6r BY~INDA KOWA~KI
si6reuseS to a~n~enienceztore (rgmil d~fiNng % ~ubmit wrRteh i~teme~ts ;54375 M~m R~ad(O~ce~!op)
sec{ nd ( x~elting: 3) the acce~s{~W ga n (he ~ui d~g ~ t appearing ~re ~g Each hea~ng ~ ~ not s ' ' ~ 9
rot t~ta~ s de yard setbacks combined, single side yard at less dian the c08e re- able for review 4uring re~lar business ~111 1T 11/27
..... ,'~'~,'...~ '..,i YVH]',.,II tllt~ ctllfIMXeL1 IS a prlnTeo copy, nas been regularly published in
said Newspaper once each week for 1 week(s), successively, commencing on the
27th day of November1 2008. --
"~rincipal Clark
Sworn to before me this
/ day of /~-~/~, 2008
LEGAL NOTICE
- sOUTHOLD TOWN
ZONING BOARD
GEITZ.~ld; ~Re~ue~t for a Variafice
unae~ see,iit~ '~8~iI6A(2). ;based
the Buildin~,lnsp~ct6r'~ ~n6 10i 2068
Notice of Disappr0val;~oncemh~ ~n
a~:~ailt dgck as r¢69~tructed with
bhc~ at ~s~ than ~ff~ fe6t fro~ th89}d -
na~y hi~z~ater m~k6~ t~e L0n~7!SNnd
Sg~U~t !580 Leel6u Drivel S66tholdl
~ 10~;58-2@.
11:15 A.M. FRANK SCAROL&
0622T Requests for: (1)a S~ecial
cept on un'der Section 280-13B for ~:
ve~smn of an e~s~g bmldmg to a two5
fam ~dwe
Sectxons 28043~ ~d 280-~4 base~ on
stilting thak (g~ebnve~kion
a nom~rmitted u~e}'had (bi thfi} the i0t
ske id, reqfii~ed t0 be 169 000 squa;~ feat
for;a i~b4hmily
a~nina. ~ne District:
- A~ri~h!t ur hi2 ~n se~'ti6~,'~
CHRISTINA VOLINSKI
NOTAR'¢ pusUC-STATE OF NEW yORK
bio. 01 -V061050§0
QuoHtled in SuJfoIk Count'/
Location of Propert>
Road, Southold} CTM I000 63=7-251 tn-
: 9:40 A.M. vICKY 'C, ERMAtSE crease n~ he degree Of honfionformance '
~6226. Reqnest for a Variance nnder w~th regard o the front yar~setback at
Section 280~124, based 'on the Building less than the eode-required minimum of
lnspecor'sSeplember5 20 8Notice0f 40 }on h~ arce conann 21322
l~t?pprov~al c.?~ce[g!pg a p?p0s~l ad7 5q~¢~et~. Loca~fi~n~. 0b Prop¢.r t y!' 695
dmon which vail be less ~an the'ogre= cre~¢~A~;eiiu'a (a/k/a :~'5.0 Bennetts
required minimUl~Of 50 {~et for ~he rear L~neS, g;uthal&
yard'setback at 345 Bunny LaneTNew~' FI.~ EM 'R~)MXNELLI REALTY
280 I5C and 280-124, based on tile
Buikling Inspector's amended Septem-
ber 2 2008 Notice el Disapp~oxal
p~oposed ~ith a bonl.vmd setback at
/ess than the code required miinmum of
40 Icc~ and x~ilh lot coverage exceeding
the code innitation o~ 20% (maximum)
on dds buildable area of 14,679 square
~eet adiaccnt Io the Long Island Seund.
ihis 4,914 square foot buildable area:
280 41)B(2)
structlon is not permitted for the follow
lng reasons: (1) tile new dwelling and the
adjacent .to Great pec0nic Bay; , ' a-rear :yard at ldss than 35 feel; (3) drill ing. f you have questions please do hot
2:05 ']~M. G~MA Pl~OPERT~ES be greater than60 near feet0ffrontage hes ~{e ~o ~0fltact (>er bffe6 at (631)
(%J.l~qtore) #6219~ Request for Xa_r: on one street Eocatton of Property 9945 765q809 6r by ems L nda Kowa sk @
fili~i~ under,Sectrons 280,-49 an~:~0- Mam Road (NYS Route 25) and Factory Town.Southold.ny.us.
~¢~..~.¢eon ~t~j~,n~g~.f?/; ~A~¥enue Matt!tuck;:~M l~r!g2-1?2Z Dated:November 13 2008
~mt~. l~8~}l;~l~.~ri3er~ 2008~ol'(~;i~df Zone Dmtnct: B General Business. ZONING BOARD OFAPPEALS
D~sap~rovaT eoacemmg prop'~i~'d]°fi~- -~]~e Board o~ Appeals w~ I hear all GERARD E GOEItRIlqGER
d~t~ons ~nd alterations n convertmgan persons, Or their representahves desto . · : , ., : - ,.:
eXiitin~ '~a~ stafio~ and mni:enience' ih:g:tti be hkard, at:each hearm, g;.fihd/6r · , B3rLIND~KOWA~KI
store uses ~o a con~enience.store (retail d~sii~g i0:submi{ writtefi itfiternenis ~4375 Main Road (O~cdLodatlofi)
store).Th~ reas0m stated for disaRprov- h~fdre the~ i:b~E as'on of each 'hear- 55095 MaN Rdad:(M&~gP§5
mg the building permit 9ppb~go~.n ?-e mg Eacl} hearing w~ not start ear ?r ' , 'Ed
that the new constmctmn: (1) vO have a than designated above. Fries are arm - Sdutho d, NY 1197143959
able f0r review tJuring regular business 9111-1T 11/27
hours and prior fo the day of the hear-
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
RO. 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..
Date:
TOTAL NO. OF PAGES INCLUDING COVER:
SENDER'S TELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
REFERENCE::
[]URGENT [] FOR YOUR UPDAT~ [] PLEAS~ COMMENT [] AS R~UESTED [] ..........
NOTES/COMMENTS:
Please find attached copy/copies of the following:
Thankyou.
Sender's Initials:
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
,z_tS
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 16, 2008
Mark Terry, Senior Enviromnental Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. 6218 (Geitz)
Dear Mark:
We have received an application for construction of as built deck, as detailed on the
enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter
280 (Zoning Code), and survey map, project description form, are attached for your
reference.
May we ask for your written evaluation with recommendations for this proposal, as
required under the Code procedures of LWRP Section 268-5D.
Thank you.
Very truly yours,
Gerard P. Goehiinger
Chairman
Encls.
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Maili~:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown,north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
November 5, 2008
Suffolk County Soil and Water
Conservation District
423 Griffing Ave., Suite 110
Riverhead, New York 11901
Re: ZBA File Ref. No. 6218 (Geitz)
Dear Sir or Madam:
We have received an application for a project adjacent to Long Island Sound in Southold,
NY, and shown on the enclosed site map. The heating on this application is expected to
be held in approximately 6 weeks.
Enclosed is a copy of the site map, together with the application and a copy of the area
map. May we ask for you assistance in an evaluation and recommendations for this
proposal.
Thank you for your assistance.
Encls.
Very truly yours,
Gerard P. Goehringer
Chairman
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 16, 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 # 6218
Applicant's Request:
Within 500 feet of:
Owner/Applicant: GEITZ
Setback
( ) State or County Road
(x) Waterway (Bay, Sound, or Estuary)
( ) Boundary of existing/proposed County, State, Federal land
( ) Village, Town or County Line.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Gerard P. Goehringer
ZBA Chairman
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
AFFIDAVIT
(Name of Applicants) MAILINGS
CTM Parcel #1000-
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
· New York, being duly sworn, depoge and sa3, t~
On the '~ day of oo_.~.~ - .~4~o~" .
~ ,. personally mailed at the United States
Post Office in~rk, b~, CERTIFIED MAIL, RETuRN RECEIPT
REQUESTED, a true copy of the attached Legal Notice itl prepaid envelopes addressed to
current owners shovm on the current assessment roll verified from the official records on file
with the ( ) Assessors, or( ) County Real Property Office , for every
properly wbich abuts and is across a public or priv~:,e street, or vehicular right-of-way o£ record,
surrounding the applicant's property.
Sworn to be,fqre me th/s
c~ l s-~' day of~ 00[¢410~4,, 200~
(Notary uP.9.~)
(Sigulature) ~ --
MELANIE DORO~KI
NOTARY PUBLIC, State of New~
No. 01D0463~.870
Qualified in Suffolk County
Commission Expires ~ptember
PLEASE list, on tile back of this Affidavit or on a sheet of paper tile lot numbers next to the
owner names and addresses lbr which notices were mailed. Thank you
Return Receipt Fee
r--i (Endorsement Required)
$ $5.32
~~ I A L USE
Return Receipt Fee
(Endo~ement Required)
r-1 (Endorsement Required)
Total Postage & Fees
$0.42
$2.70
$5.~ 11/~______~
m
Po=m~ t0.42
Cedified Fee $2 · 70
Retum Receipt Fee
(Endorsement Required) $2.20
Restricted Delivery Fee
(EndorSement Required) *~).(~
Total Postage & Fees $ ~5,~]2
Sent To
USE
0971
11/21/20~
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
1000- ~-oo- 'O---
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVH'
OF SIGN
POST1NG
~e.~ (3~(-~ --~ , New York, being duly sworn, depose and say that:
On the. ~_~ day of_[Vcgo ~.~d't.-r'-- ~,~pe~rsonally placed the Tovm'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 eutrance) -
facing the street or facing each street or right-of-way entrance;* and that
/
I hereby cotffirm that the Poster has rema/ned in place for seven days prior to ti'iht date of
the subject hearing date, which hearing date was shown to be __
(Sig~mture)(~)k--~'
(NOtary P_.,dblic)
MELANiE DOROSKI
NOTARY PUBLIC, State of New Yolt
No. 01 D04634870
Ouatified in Suffolk County ~, ,
CommissionExpJres September30, c-,FO I 0
*near the entrance or driveway entrance of my4xope~asXhe~reaa~mst4,Jsible to passersby.
· ..Complete items i, 2, and 3. Alco complete
~em 4 if Restricted DeliveP/Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits.
~f YES, enter delivery address below: r3 No
3. Service Type
[ [] Registered [] Return ReCeipt for Merchandise
l I-I Insured Mail [] C.O.D.
14. Rect~cted Delh~3f~ (Exlre F6e) rlYes
2. Article Number
(3/ansf~ from ~/ce/a
PS Form 3811, February 2004
7006 0100 0001 5063 5680
· Complete t~ms 1,2, and 3. ~so complete
item 4 if Reetricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpleca,
or on the front if space permits.
' address different from Item 1~
if YES, snter delivery address below: [] No
3, Sen/ice Type
[] Cmtff'md Mall [] Express M~I
[ [] Registered [] Return Receipt for Merchandise
· [] Insured Mail [] C.O.D.
4. Restricted Dellvm3,? (Extra Fee) [] Yes
2. Article Number
7006 0100 0001 5063 5697
· Complete items 1, 2, and 3. AJan complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece ~/~~,,~
or on the front if space permits. --
1. Article Addressed to: DYI~.~I
[] insured Mail
[] Agent
[] Addressee
C. Date of Delivery
addressditferent fmrn item 17 [] Yes [] No
[] Express Malt
[] Return Receipt for Merchandise
[] C.O.D.
4. Restricted Deliver,? ~Extm Fee) [] Yes
7008 1830 0004 5088 2837
PS Form 3811, February 2004 Domestic Return Receipt 102595~2-M-1540
~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, Southold
website: http ://southtown.northfork. net
November 13, 2008
Re: Town Code Chapter 55 - Public Notices for Thursday, December 4, 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 November 20th
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 arran.qements were made in either a written
statement, or durinq the hearinq, providinq the returned letter to us as soon as possible;
AND not later than November 21st: 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 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 November 25th: 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 Postin.q for receipt by us by December 2, 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
GEITZ, C. & S.
#6218
MAP #
58-2-5
VARIANCE
SETBACK
REQUEST AS BUILT DECK RECONSTRUCTION
DATE: THURS, DEC. 4, 2008, 10:55 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
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 9-8-08
ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP
RECEIVED
#6218 Geitz, Charles & Susan #5176 $400.00
SEP 8 2OO8
St ~uthold Town Cleri
TOTAL $400.00
Sent via Inter-Office to Town Clerk by:
Thank you.
PMK
ELIZABETH A. NEVII
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
September 9, 2008
Zoning Appeal No. 6218
Transmitted herewith is Zoning Appeals No. 6218 of Charles Geitz- the Application to the
S outhold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description,
Questionnaire, LWRP Consistency Assessment Form, Short Enviromnental Assessment Form,
Transactional Disclosure Form, Notice of Disapproval from Building Department Dated June 10,
2008, Board of Southold Town Trustees Authorization For Constructing a Cellar Raising House
5', Removing & Replacing Decking Dated January 3, 2006, 2 Pages of Photos of Property as it
exists, Survey of Property Showing Property as it exists Updated 8/11/2006 Prepared by John C.
Ehlers Land Surveyor, 2 Pages of Floor Plans Showing Existing & Proposed Construction Dated
7/21/08 Prepared by Eileen Santora Residential Designer.
QTown Of Southold
P.O Box 1179
Southold, NY 11971
Date: 09/08/08
Transaction(s):
1 1
* * * RECEIPT * * *
Application Fees
Receipt~: 28618
Reference Subtotal
6218 $400.00
Check~:5176
Total Paid: $400.00
Name:
Geitz, Charles W
1580 Leeton Drive
Southold, NY 1971
Clerk ID: CAROLH Internal ID: 6218
SUP. VIE'( OF PROPERT'r'
51TUATE: F~C, ONIC
TOINN: .SOUTHOLID
SUFFOLK OOUNTh', Nh'
SURVEYEID 12-10-09
PLOOO ZONE F~E'v'ISION 08-11-200~
~UFFOL~ COUNTh' TAX #
1000-58-2-5
N
W ~+-
S
E
NOT~S:
· MONUMENT FOUNI2
0 PIPE FOUND
ELEVATIONS P-.EEFE~ENCE US®S DATUM TIED TO N~MO '2q ~ENCH
A~A = 12,4B4 sF or O.2q ocre5
~OASTAL E~ION HAZA~ LINE AS ANNOTATED P~O~ A~EA
HAP NO. 56-~66-8~ SHEET 8 OF 4q
~APHIC SCALE I"= DO
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\03\03-312.pro