HomeMy WebLinkAbout6233
APPEALS BOARD MEMBERS
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.north fork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
3 2009
22,
ZBA FILE # 6233 - Ronald and Patricia Zito, Applicants
PROPERTY LOCATION: 1185 Bungalow Lane, Mattituck CTM 1000-123-3-16
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 17,476 square foot
parcel measuring 65 feet along Bungalow Lane to the west, 282.61 feet along the
southern boundary, 69.41feet along Deep Hole Creek to the north, and 260.46 feet
along the northern boundary. The lot is improved with a single-family house, an
accessory cottage and garage, as shown on the July 3, 2008 survey prepared by
Stanley J. Isaksen, Jr. L.S.
BASIS OF APPLICATION: Request for a Variance under Section 280-124, based
on the Building Inspector's August 25, 2008 Notice of Disapproval concerning an
as-built shower addition set back less 10 feet in a side yard, and a total side yard
setback of less than 25 feet.
Findings of Fact
RELIEF REQUESTED: The applicant seeks permission for a 22 foot total setback
consequent to the addition of a 6' x 10.9' extension to an existing porch and removal
of a shed and 4 foot shower.
ADDITIONAL INFORMATION: Applicant commenced the construction of a porch
extension on the east side of the house without a building permit, which was denied
because of insufficient side setbacks. The applicant has responded to the Building
Department's disapproval by proposing to eliminate the west side setback violation
by removing a shower and shed.
Page 2 - January 22, 2009
ZBA # 6233 - Ronald Zito
CTM 123-3-16
The Zoning Board of Appeals held a public hearing on this application on January 8,
2009, at which time written and oral evidence was presented.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Town Law Section 267-b(3)00)(1). Grant of the variance will not produce an
undesirable change in the character of the neighborhood or a detriment to nearby
properties. Adding a 6' x 10.9' (10.5') addition to the existing 10.3' x 10.5' screened
porch on the east side of the house will be compensated by the removal of a shed
and shower on the west.
2. Town Law Section 267-b(3)(b)(2). The benefit of an enlarged porch cannot be
achieved by some method, feasible for the applicant to pursue, other than an area
variance.
3. Town Law Section 267-b(3)(b)(3). The proposed variance is not substantial.
Removal of the shed and shower on the west side of the house will bring the west
side setback into conformity and create a total side yard of setback of 22 feet.
4. Town Law Section 267-b(3)(b)(5). The difficulty was sell created.
5. Town Law Section 267-b(3)(b)(4). No evidence has been submitted to suggest
that a variance in this residential community will have an adverse impact on the
physical or environmental conditions in the neighborhood.
6. Town Law Section 267-b. Grant of the requested relief is the minimum action
necessary and adequate to enable the applicant to enjoy the benefit of an addition,
while preserving and protecting 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 Weisman, and duly carried, to
GRANT the variance as applied for, as shown on Map A-1 prepared July 9,
2008 by Mark K. Schwartz, A.I.A. and stamped "Final Map Reviewed by ZBA"
with hand notations and July 3, 2008 survey prepared by Stanley J. Isaksen,
Jr., subject to the following condition:
Page 3 - January 22, 2009
ZBA # 6233 - ~ onald Zito
CTM 123-3-16
Removal of the shower and shed on the west side of the dwelling.
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 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 Goehringer (Chairman), Oliva, Dinizio, Simon,
and Weisman. This Resolution was duly adopted (5-0).
Ruth D. Oliva, Vice Chairwoman 1/~j/2009
Approved for Filing
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
February 3, 2009
By Regular Mail and Fax Transmission
Mr. Mark Schwartz, A.I.A.
P.O. Box 933
Cutchogue, NY 11935
Re: ZBA # 6233 - Ronald and Patricia Zito Application
Dear Mr. and Mrs. Zito and Mr. Schwartz:
Enclosed please find a copy of the Findings, Deliberations and
Decision rendered by the Zoning Board of Appeals at its January 22, 2009
meeting.
Before commencing construction activities, other agency approval(s)
would be necessary. Please contact the Building Department regarding the
next step in the zoning review and building permit application process.
Thank you.
Very truly yours,
Encl.
Copy of Decision to:
Building Department
Linda Kowalski
DEPARTMENT OF PLANNING
Mr. Gerry Goehringer, Chair
Town of Southold ZBA
53085 Main Road
Southold, New York 11971
Dear Mr. Goehringer:
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
September 16, 2008
-RECEIVED
NOV I 7 2008
ZONING BOARD OF .[:PP2ALS~
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
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 o? inter-community impact(s). A decision
of local determination should not be construed as either an approval or disapproval.
Applicants
SCTM Numbers
Zito 6233
Green 6235
Very truly yours,
Thomas A. Isles, AICP
Director of Planning
Theodore R. Klein
Senior Planner
TRK:ds
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-519t
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631} 853-4044
TO:
FORM NO. 3
NOTICE OF DISAPPROVAl,
Mark Schwartz (Donald Zito)
PO Box 933
Cutchogue, NY 11935
XTE: Augt~.st 25, 2008
Please take notice that your application dated August 7, 2008
For permit for "As Built" outdoor shower addition to a single family dwelling at:
Location of property: 1185 Bungalow Lane Mattituck, NY
County Tax Map No. 1000 - Section 123 Block 3 Lot 16
Pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than
20,000 square feet in total size, require a minimum single side yard setback of 10 feet and
a total side yard setback of 25 feet. The survey shows a side yard of 7 feet +/- and a total
side yard setback of 18 feet +/-.
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application may
require fin-ther review by the Southold Town Building Department.
N~ 7,3'04'00"r~
COTTAGE .
PARK AVENUE
FM# 47
DATE FILED JANUARY 8, 1936
TM# 1000-123-03-016
GUARANTEED TO:
RONALD ZtTO
PATRICIA ZITO
S 75'04'00"W
SURVEY OF
PART OF LO'[
MAP OF MARRATOOKA
BAY LOTS AND BUGALOW
SITUATE
MATT/TUCK, TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
PARK ~ JuLY 2oo8
50'
= 17,476 S.F.
OR
0.402 ACRES
SURVEYED FOR: RONALD ZITO
PATRICIA ZITO
SURVEYED BY
STANLEY J. ISAKSEN, JR.
P.O. BO.~ 294
NEW SU~/FOLK. N.Y. 1 ~956
~YS Uc.'No. ~92~ 08R1690
~) PROPOSED EAST ELEVATION
1/4"= 1 '-0"
(~ PR.,O.,.POSED SOUTH ELEVATION
1/4"= 1 -0
(~ PROPOSED WEST ELEVATION
1/4"= 1 '-0"
I (,, . G
(~ EXISTING FLOOR PLAN
1/4"= 1 "0"
REVISIONS
~=~,
O
D~WN: ]G
S~LE: ~ NOTED
JOB ~:
JULY 9, 2008
APPLICATIOn# TEIE SOUTHOLD TOWN BOARD
Fee: $.~ Filed By: /~ - .~C)~ Date Assigned/Assignment No.
House No. 1185 Street Bungalow Lane Hamlet Mattitu~
SCTM 1000 Section123 Block 03 Lot(s) 16 Lot Size 17 t 476 Zone R-40
1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED ~ BASED ON MAP DATED July 03, 2008
Applicant(s)/Owner(s): Ronald and Patricia Zito
MailingAddress: 906 Midland Road Oradell, New Jersey 07649
Telephone: 201-265-7094 Fax#: Email:
NOTE: In addition to the above, please comldete below if apldication is si~ned by applicant's attorney, m~at, architect, boilder, coatrnct
vendee, etc. and name of per, on who ageut represents:
Name of Representative: Mark Schw~trtz, Arch±tect for (×) Owner, or ( ) Other:.
Agent's Address: P.O. Box 933 Cutcho~ue, NY 11935
Telephone 734-4185 Fax#: 734-2110 Emaih mksarchitect@optonline.net
Please check box to specify who you wish correspondence to be mailed to, from the above names:
[] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 08.03.08
AN APPLICATION DATED 08.07.08 FOR:
[] Building Permit
[3 Certificate of Occupancy [3 Pre-Certificate of Occupancy
[3 Change of Use
~ Permit for As-Built Construction
[3Other:
and DENIED
Provision of the Zoning Ordinance Appealed. (Indicate Article, Seetinn, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
ArticleX~III Section 280- 124 Subsection
Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map.
[] A Variance due to lack of aecess 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 nronertv, UNDER Appeal
No. Year__. (Please be sure to research before completing this question or call our office for
assistanca)
Name of Owner: Ronald Patricia Zito ZBA
REASONS FOR APPEAL t.~dd;#,,al shee~s mai, be used with t~revarer's sl~nam
AREA VARIANCE REASONS: ~
(1) An undesirable change will not be produced in the CHARACTER c [hF6eighborhobd~or a '
detriment to nearby properties if granted, because: tl~e as-Duilt work _~s stoat t ~n-sca3[e -- '
and similar to neighboring houses.
(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 is narrow with sideyard
setbacks that are existing and nonconforming. The expansion of the porch
(60 sf) creates an 11' side yard (10' min) and the outdoor shower and shed
have created a 7' setback on the north side.
(3) The amount of relief requested is not substantial because: The Owners are proposing to remove
shed and shower in order to create total side yard setback of 22' (25'
required) .
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in theneip_hberhoodordistrictbecause' The addition to the screened porch is
only ~3 sq ft and the st'ruture is a one story room with a low sloping
roof.
(5) Has the alleged difficulty been self-created? (X)Yes, or ( )No.
Are there Covenants and Restrictions concerning this land: [~ No. {3 Yes (olease furnish covvL
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~ A.N~,Iq~SE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure, to your o .)
Signature 6f Apl~llant o~'/A~f[horized Agent
(Agent mast subaflt wfltteu ~___~mthm from OwueF)
5~tary Paublic
LYNDA M BOHN
NOTARY PUBLIC, State of New York
NO, 01BO6020932, Suffolk Count~
Term Expires M~rch 8~2oJ~ ~
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: Ronald and Patricia Zito Date Prepared: 09-
I. For Demolition of Existing Building Areas
Please describe areas being removed: one stoz~ proch 10.3'
2-08
X 10.5'~' '
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor entcnsion: 6 ' × ~. v. 5 '
Dimensions of new second floor:
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
ls basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: no
IIL Proposed Construction Description (Alterations or Structural Changes)
(aUach extra sheet if aecessa~) - Please describe building areas:
Namber of Floors and General Characteristics BEFORE Alterations: one story residence
with 10.3' x 10.5' porch
NumberofFIoorsandChangesWlTHAltemtions: one story residence with a
10.9' x 16.6' porch
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your properly: 1871 sf
Proposed increase of building coverage: .3 %
Square footage of your lot:. 17,476
Peroentage ofcoverage ofyour lot by building area: 10.7% existing will change to 11%
V. Pu~poseofNew Construction: enlarge porch for greater use by family.
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
flat with slight slope towards water
INcase 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 FILING WITH YOUR Z.B.A. APPLICATI(
Is the subject premises listed on the real estate market for sale?
[] Yes ~[ No
Are there any proposals to change or alter land contours?
~ No [] Yes, please explain on attuched sheet.
1) Are there areas that contain sand or wetland grasses? yes
2) Are these areas shown on the map submitted with this application? yes
3) Is the property bulkheaded between the wetlands area and the upland building area?
no
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? ye s Please confirm status of your
inquiry or application with the Trustees: approved by Town Trustees
and if issued, please atlach copies of permit with conditions and approved map.
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? no
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.)
Do you have any conslxuction taking place at this time concerning your premises? ye s
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe: no permit obtained
G. Do you or any co-owner also own other land close to this parcel? no
the proximity of your lands on your map with this application.
If yes, please label
H. Please list present use or operations conducted at this parcel s inqle family re s ident ial
a06tproposeduse sam__e with enlarged p~orch .
~fl~x~9~. pies: existiglg~sin~am)(y~ proposed: same with garage or pool, or other description.)
Authorized Signature and Da~ 2/05; 1/07
Town of Southold
A. INSTRUCTIONS
1.
LWRP CONSISTENCY ASSESSMENT FORM ~ ~
All applicants for permits* including Town of Southold agencies,I ~atl ~cemple~te_.this CCAF for
proposed actions that are subject to the Town of Southold Waterfront ConsiStency Review Law: ~Th!s
assessment is intended to supplement other information used by a Town of South61d agen~j m
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 form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfrom Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form 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 necesszay, 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 cannot be certified as consistent with the LWRP policy
standards and conditions, i_t shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.norttffork.ne0, the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTIVI~ 123 03 _ 16
The Application has been submitted to (check appropriate response):
TownBoard [] PiaaoingDept. [-~ Building Dept. [] BoardofTrastees
Category of Town of Southold agency action (check appropriate response):
(a)
(c)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
Financial assistance (e.g. grant, loan, subsidy)
Permit, approval, license, certification:
Nature andextentofa~ion:
demolish walls and roof (~o,,nA=tq~ e~ wem=i-) n~ evlstlng
10.5' x 10.3' porch and extend the porch 6'-0" to the east
(see survey). The ~' addition area wil~ have a new concre5e
foundation. New walls and roof will be constructed.
Locationofaction: 1185 Bungalow Lane
Site acreage:. 18428 sf
Mattituck
I~e~nt land use: single family residential
~e~nt z0n~g classificmi0n: R 40
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: Mark Schwartz
(b) Mailing address: P.O. Box 933 Cutchogue 11935
(c) Telephone number: Area Code ( ) 7 3 4 - 418 5
(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?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community 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 HI - Policies; Page 2 for evaluation
criteria.
[] Yes [] No [-~ (Not Applicable - please explain)
The propoaed 60 sf addition is on a site in a heavily developed area
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
[-~ Yes [] No [] (Not Applicable - please explain)
This site/project will not affect historic or archaeoloqical resources
Attach additional sheets if neeessmy
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec
LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria
[] Yes ~ No [] (Not Applicable - please explain)
The visual quality and scenic resaources will be protected with a new
Attach additional sheets if necessau
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from floo4ing and erosion. Sec LWRP
S~tion m- Policies Pages 8 through 16 for evaluation criteria
[] Yes [] No C~ (Not Applicable - please explain)
The project does not address or affect any of the above
Attach additional sheets if neeessaE/
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH
- Policies Pages 16 through 21 for evaluation criteria
[] Yes [] No [] (Not Applicable- please explain)
This project is consistent because it will protect and improve water
Atlach additional sheets if necessary
Policy 6. Protect and restore the q,,allty and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22
through 32 for evaluation criteria.
Yes C~ No [] (Not Applicable - please explain)
same as Policy 5
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section HI - Policies Pages; 34 through 38 for evaluation
criteria.
Yes [] No ~ (Not Applicable - please explain)
Attach additional sheets if necessary
Policy 8. Minlml,e environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
[] Yes ~-~ No [] (Not Applicable - please explain)
PUBLIC COAST POLICIES
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 IH - Policies; Pages 38 through 46 for evaluation
criteria.
[] Ye~ No ~ (Not Applicable- please explain)
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's w~r-dependent uses and promote siting ~new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
[] Yes [] No [] (Not Applicable - please explain)
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
~ Yes [] No ~'~ Not Applicable - please explain
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section HI - Policies; Pages
62 through 65 for evaluation criteria.
~'~ Yes [] No [] Not Applicable - please explain
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energ~ and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
[] Yes ~ No [] Not Applicable - please explain
Prepared By: Mark Schwartz, Architect 06/25/08
PART I - Project Information (To be complete by Applicant or Project spon~or)
1. Applicant / Sponsor 2. Project Name
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
4. Precise location (Street address and road intersections, prominent landmarks, ether provide map)
5, is proposed action:
( )NEW ~'¢EXPANSION ()MODIFICATION/ALTERATION
6. Descdbe project bdefly:
7. Amount of land affected:
Initially;. acres; Ultimately: acres
8. Will proposed ac~on comply with ex~s~ng or other existing land use res~ctions:( ) YES HO If No, describe bde§y:
9. What is present land use in vicinity of project: (describe):
( ) Industhal ( ) Commercial ( ) Agricultural ( ) paddForest/Open Space ( ) Other
I(~Resid enlist
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 permit/approvals:
11. Does any aspect of the action have a currently valid permit or approval?
/~,/~YES ( ) NO
Ii Yes, list agency(s) and permit/approvals:
12. As a result of proposed action, w~tl existing permit/approval require rnodiflcatJon?
Yes, list agency(s) and permit/approvals:
I certify that the information provided above is true o the best of my knowledge
Applicant, Sponsor Nam e:. ~,//~,,~ ~'c J"~~ Date: ~Z/. ~ ~/O[
If the action is In the Coastal Area, and you are a ~ency, complete the Coastal Assessment Fo~ before proceeding with this assessment
APP TI~NSACTIONAL DISCLOSURE FORM~
I,ICABLI~O OWNER, CONTRACT VENDEE AN]~I~AGENT:
TheTown of Southold's Code of~thi,-~ n '"'-
........... vrommts conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possib¥.~onfiicts of interest and allow it to take whatever action is necessmy to avoid same.
(~ name, first nalne, middle ihiti~unless you are appl3ting in thc name of someone else or
other enti~, such as a company. If so, indicate the other person or compan~'i~ameT~ ~- 7
NATUREOF APPLICATION: (Cbecka thatapply.)
Variance _ ~
Special Exception
*Other
Approval or Exemption
from plat or official map
Change of Zone
Tax Grievance
*If "Other" name the activity:
Do you personally (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relat.ionship' includes by
blood, marriage, or business interest "Business interest" means a business, including a
p_grtnership, in which the Town officer or employee has even a p_art~ial ownership of (or
e_.mployment by) a corporation in which the Town officer or employee o'~m~s more than 5% of the
.Sbare~
YES NO ~
If you answered "YES", complete the balance of this form attd date and sign where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Descr/be tbat relationship between yourself (the applicant, agent or contract vendee) and the
Town officer or employee. Either check the appropriate line A through D (below) and/or
describe the relationship in the space provided.
The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that
apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submi.ed this ~g~-_. daft
Signature:__ .~,'"'~_ ~ ~7~ '-~)2:~:~
Print Name:_, ,,.44',4~',L."
July 07, 2008
Mr. and Mrs. Ronald Zito
.906 Midland Road
Oradell, New Jersey 07649
201-265-7094
To Whom It May Concern:
I, Ro.nald Zito, authorize Mark Schwartz, AIA - Architech to a~ as agent for
perrmt applications to the Southold Town Board of Trustee~ l~lew York State
Department of Environmenlal Conservation, Southold Zooln~ Board of
Appeals and ~he Southold Building Dep~uiment. Thc proposed residential
additions/altraafions construction project is located at 1185 Bungalow Lane,
Matfituck, New York (SCI'M0 1000-128-03-103.
/~o-/~-z-,,p TOWN OF SOUTHOLD ~:q~OPERTY RECORD CARD
OWNER
FORMER OWNER
VL.
RES.,z ~ ~ V,I S~S. ~
LAND IMP.
AGE
TOTAL
STRE~ / I
N
FARM CO~.
DATE REMARKS
BUILDING CONDITION
NEW NORMAL BELOW ABOVE
Farm Acre Value Per Acre Value
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
House Plot
VILLAGE LOT
W
DISTRICT
ACREAGE
TYPE OF BUILDING
CB. I MISC.
Total
Bldg.
~xtension
]xtension
!xCension
~arage
Foundation
Basement
Ext. Walls
Fire Place
Patio
Driveway;-
Porch /0~,~ ~O
POrch /~7 ~' ~ '
Bo~ '
Floors
Interior Finish
Attic
Rooms 1st Floor
ROoms 2nd Floor
ELIZABETH A. NEVH,I,E
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 29, 2008
Zoning Appeal No. 6233
Transmitted herewith is Zoning Appeals No. 6233 Mark Schwartz for Ronald & Patricia
Zito- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is thc
Applicant's Project Description, Questionnaire, LWRP Consistency Assessment form, Short
Environmental Assessment Form, Transactional Disclosure Form, Notice of Disapproval from
Building Department Dated August 25, 2008, Authorization Letter from Ronald Zito to Mark
Schwartz, AIA to represent them in this Matter, 5 Pages of Photos Showing different views of
House, 2 Pages of Property Record Card, Copy of Survey Showing Existing & Under
Construction Dated July 3, 2008 Prepared by Stanley J. Isaksen, Jr., Plans & Elevations of
Proposed Construction Dated July 9, 2008 Prepared by Mark K Schwartz, AIA
Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 09/29/08
* * * RECEIPT * * *
Receipt~: 29357
Transaction(s):
1 1
Application Fees
Reference Subtotal
6233 $300.00
Check#: 1631
Total Paid: $300.00
Name:
Schwartz, Mark
P O Box 933
Cutchogue, NY 11935
Clerk ID: CAROLH Internal ID: 6233
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 9/29/08
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
RECEIVED
6233 ZITO, Donald 1631 $300.00
SEP 2 9 2008
Sour Bold Town Clerk
$3OO.OO
By__ Thank'fou.
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
PO. 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, JANUARY 8, 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, JANUARY 8~ 2009:
10:45 A.M. ~.ONALD ZITO #6233. Request for a Variance under Section 280-124, based on the
Building Inspector's August 25, 2008 Notice of Disapproval concerning an as-built outdoor
shower addition to the single-family dwelling which is less than 10 feet on a single side yard,
less than 15 feet on the opposite side yard, resulting in less than 25 feet for a total of both side
yards, at 1185 Bungalow Lane, Mattituck; CTM 123-3-16.
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: December 10, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
83095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
#9137
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
~rincipal 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
.18thsaid Newspaperday of December°nCe each2008.week for __1 week(s), successively, commencing on the
Principal Cler~
Sworn to before me this
1
quest ~or a Varianqe under Section 280-
18, bh~ed oh the applicanP~ request for a
hatdine change and the Bui ding Inspec
tor's Notice of Dlgffpproval dond&rn ng a
proposed lot ared fbr.lQ004M:,8-12.4, at
ZONING BQARD OFAPPEALS
TH~JRSDA~, JAI~ UARY, ~
suant to Section 267 of the Town Law and
To~ Code Chapter 280 (Zoning),Town
'thgs ~l be-~Id 63,~
TO~ .ZON~G BO~D OP ~P-
PEALS at 'the Town Hall. 53095 Main
Road. Re. Box 1179, Sou~old, New
York 11971-095~, on THURSDAY. J~_
UARY 8.2009:
~ari~ce~ ~ndem~g ~is I~,760 square
foot parcel u~d&r Section 280-124, bhsed
on the Building Inspector's July ~. 2008
Nohce of Disapproval concermng a
proposed second,story addition and al-
betatrons ~o the exists# dwelling, with a
setback of less than me code requn'ed 1-
ft. minimum shagle sid¢ setback and lgss
than 35 fL mm~um rear yard setback,
at 645 Jackson S~eet. New Suffolk: ~M
9:40 A.M. A~THONYand BARBA.
Special Exception under Zoning Code
Section 280d3B fro' approval of an as-
built Acces~ )~ Apar~ent With owner-
enlarged with
9:55 A.M. MI :HA ~/andTHE~
ances un~er Sections 280-4 and 2810aE12
based
an applicafio[for a
perm t and the Building ~specth~ s Sep-
tember 22. 2008 Nofl~ of Disapproval
stating thai the as budt mobde home is
nor pertained for two reasons: (1 ~ ~t con-
suture- a second dwelhng unn. and
[iviug arem Location of P'op~rty: 9525
Main Road, Maltit~ck: ~'M 1000
6 13.
of
-- 008.
NOTARY PUBLIC-SlAtE OF NEW YORK
No, 01 -V06105050
lx15 P.M.
~'~'6186. '(CSa~ugd ~hearing)~4~e~
May 12,2008 Notice 6f DisapprOval con-
cerning'a7p~op~sed ~h~'awe~h~ wi~ a
setback':at less.~f~ end~-th~uked
225 Marion Lane, which 1o1 will become 35 febt fi'om th~kont lot l~e after de-
[ess conform~g by reducing ~ts see trom . mohsh~g me e~g b~l~ng~ at 2000
34,1~ square ~k~ to 30A48 sqa~e leet
Broadwaters ~ad, ~tchogue;
m total size. and concerning i000-3f tu4-9.12
8-13 at 730 Bay Avenue. East Marion
which lot wall become n- )re confornrmg'
by increasing its size from 8,340 square
feet to 12~0~6 square feet
10:30 A.M. ROBERT BERG.A_MINI
# 624i: Request tor Variances under Sec-
tmn 280-124, based on the Building In-
spector's October i7,2008 Notice of D~s-
approval concerning a pro[ )sed deck
addition at tess .nan the code-reqmred
rnmimum rronl yard setback of 35 feel
and Iot coveragu exceeding rnc code
limitatzon or 20% on this noncmuonn-
hag +/..3t acre lot;at 4050 Carat> Mine-
ola Road. Mattltuek; CTM 123-5-2i
10:45 A.M DONALD ZITO #b233.
Requesl fur ~:rianc~ under Scctier
280-124, based on the Bu0dmg Inspec-
tor s August 23, 2008 Nouce of Dlsap
stogie side yard. less than 15 fee[ on the
1/85 Bungalow Lane, Mathtuck: CTM
~OWITZ #6238:Locafiost of Prop-
erty: 80 Lakeside Drive and Cedar Pein
Drive, Southo d; CffSM ~000.90.~3 14. Re-
quest for Variaffees on this 14 1,18 square
foot lot. under Zoning Cod4 Sections
280-122 and 280 124, based on applica-
tmns for building permits and the Build-
lng Inspector's August 22, 2008 Notice of
ZBA #3255 of Angust 14, 1984.
I:30 PM. ~OYCE
~ # 6223. Request for Vari-
ances under Seetton 280-116A(1L based
on the Building Inspector's September 2.
2008 Notice of Disapproval concerning a
proposed accessory swmxmmg pool and
spa at less thm~ 100 feet ~rom tile top of
the bank or bluff on a lot adjacent to the
Long Island Sound and w~th tot coverage
exceeamg the code limitauon of 20% on
rms buddahle land area et 15~253 square
rpet. at /690 The Strand. East Marion:
h50 EM G~ORG~I{}'S
#6237 Request for Variances under Sec-
uon~ 280-131 md 280-116AI1 . based
on the Building Inspector's October 8.
2008 Notice of Disapproval concerning
a proposed dwelling, swnnmmg pool,
[lelllS and access t3, garage The rea-
ions stated for disapproving the building
permit appnoation are 1) the proposed
locations of the trellis to De addeo to [nc
hOUSe, alld accessory sw mnnng pool· are
not permitted at :ss ti:an 1~ feet from
the top of the bluff pr bank on lots aaja
cent to the LL Sound: I2) ~he m-ground
yard, 'rather than'~ili~,g~Ode~_l~erraitted
lot, or code-permittej~'t~ar yard {3) new
construction is prop?~ied at less th& the
ut m~ time attex Jul) 1, I983. An ad-
:TBUildJn~,'Pe~irdt :#'19275 s~ffed July 27, p~fc~ fo) ~ C0mm0h ~ur~ Of f fty (5~0)
J.990 ~ lqclt~d at I~S thait~ requded ~eet 0r more nd stah~e Nonb0~or~ng
~i~um 0f 22 }gei;~nder:~BA:~3950 Iotk shall ~erg~ Until the total loi S~e
dated July il 1990} bonfonns tothe current bulk iehedu e
(4) the e~s~:~arport shows set- reqdrements" :
ibhO~ ~om each ~ fi-on{ yard and rear B) and in ~e alterna ye, ZBA ~ 62~
yard aoess thih ~;dod~sr~di~ed min~- Request:iei yndm~ces for two proposed
~f 35 ~e& ? : lots in th~ ~e d ~ ~i~n Of ~f~ting
;;; ll:3fiX.M~EODOREE PRAHL- ha a}ea o(i;sl tffah th; d~dgSfequ~ed
~ ~6234.:Reques for Variances under 40,060 square feet 0~ buildable land un
SeStibhi 280d24 conce}ning {his 7,700 der the Bulk Schedule for ~M Parcel
square ~0ot p~cel~ ~d based on the 1000-31r14~ a~d adjacent ~ P~cel
B¢~di~ i~s~ect63i ~gust 22; 2008 t0~0-3144q2;and ;; '
Nofice~f Disapproval c0ncernMg a ~o- C) ZB~ ~6i54: R$~uest ~r Variances
posed d~fik and:p0?c~;additi0~S t0 the under Section 280-1241;based 6n' ~e
. existing siagle~fmi!3 dwellMg, which ·Building inspector's J~nua~ 30; 2008
ne~ construction will be less than the No0ce of Disapprogal:amended July 25,
codezrequked :ninfinmn of 35 feet for 2008 concerning a proposed single4ami-
a rear yard setback and which exceeds Iy dwelling (after demolition of an exist-
the code:max~um limitation 0f 20% ing buddhag) ~ith a proposed sng e sidc
lot ~overlge; at 1605 Old :S~ipyard ~ane, yard at le~s ~an the Code required mini-
Southold;~M 64-~30. - mum of 10 feeh less than the requked
1:00 EM. AN REW and FLIZA- combined side yards of 25 feet, and less
~~6235 Reqfi~st fo? th~n 35 feet from ~e ~ont)ard lo line,
'varianees.(~nd~?':Cd~ ~ectien~ 280d2 ai 13000 Main Road; East Mar on; cTM
and ~043~.Za, based onihe Building 3D14-~1.
lnspecto['s June 30, 2008 Notice of Dis- The Board of Appeals will hear all
approve!concerning an app~cadon for a persons, or thek representative# &esir-
bMlding permit to alter the use o~ an ac- ing to be heard at each hearNg, and/or
cessory building (second floor) from an desking to submit Wfittep statements
accessory use as a garage to the owner's before the conclusion of each -hearing.
home occupation office with full bath- Each hearhag~ will not,start earher than
roo~; after removal of the as&built kitch- designated above. Hies a[e available for
enandco6kingareas, instead Df a home review dur~g regu~ bgsinegs hou~
9ffice carried on ~ the main buildinm andB~tollmdauof}heh~arlno:If
Sworn to before me this
ZO,NING BOARD-OF APPEALS
' THURSDAY~ JANUAR.¥, 8, 2009.
' PUBLIC'HEARI~GS
NOTICE IS HEREB~ DIVEN, pur-
suant to Section 207 of the Town Law and
Tovm Code Chapter 280 (Zoning),?~own
of Southold the follow~ng:puhlic,,hear-
- ngs 'will be- held 63 ~fi~ 'SOUTHOL~D
TOVZN' ZONING BOARD' OF :AP-'
PE./.ES at :the Town Hall 53095 Main
York 11971-095~, on THURSDASq.~AN-
UARY
CLAYT GATE /$6206 Request for
~C,L..AYT 57 G6T~2~ . ,
foot parcbl t~der Section 280-124. based
on the Building Inspector's July 24.2008
Notice of Disapproval concermng a
proposed s~cond;.story addition and
teratzons to the exmuQg dwelling, with a
setback of less than the code-requhed l-
lt. minimum single side setback and l~ss
than 35 ft. minimum rear yard setback
at 645 Jackson Street. New Suffolk: CTM
9:40 A.M. ANTHONY and BARBA-
Special Exception under Zomng Code
Section 280-13B for approval of an as-
built Accessory Apartment wztlz owner-
~ccupancy in a singlh-innlily dwellthg as
enlarged with rebeniTddditJ~n~-
Ho brobk
9:55 Advl. MICHAEL K. and THER-
antes under S~ctions. 280-4 and 280~12
based upon an app mat on for a bg dng
perml and the Budding Inspector s Sep-
tember 22. 2008 Notice of Disapproval
stating that the as-built mobile home ~s
sutures a second dwelling unit, and '2
~t comams less than 850 square feet of
hwng ires. Location of Prof -rte: 9525
Main Rose. Mattituck: CTM 1000 122
6-13
~25 Marion Lane. which lot grill become
less conforming by reducing its size from
~ _34.194 square fe~t to 36.448 square Thet
tn total size. and concerning 1000-3f-
8-13 at 73{ Bay Avenue, East Marion
which lot wit[ become more COnlormmg
ay increasing ~ti size from 8.340 square
feet to 12.086 square feet.
10:30 A.M. R :BER BERGAMINI
# 6241: Request for Variances under Sec-
tion 280 124, based on the Building In-
spector's October 17.2008 Notice )fDis-
approval concerning a proposed deck
addition at less than tile COCle-reomreo
mlmmum front yarn setback of 35 feet
and lot coverage exceemng the c~de
hmitation ut 20! ~ on mis noncoulonn-
mg +/- ,31 acre lot:at 4050 Camp Mine-.
als Road. Mattituck: CTM 123 5-20.
10:45 A,M DONALD ZITO g6233.
Request for a Variance anoer Section
280 124. based on the Building Inspec-
toffs August 25 2008 Notice of Disap
)royal concerning an as bugr outdoor
dwe0ing which is less than 10 leer on ~
single side yard. less than t5 feet on the
)ppos~te sine yard, resulthlg in less than
25 feet for a total of both side yarns, at
I185 Bungalow Lane. Mattituck: CTM
123-3-16.
1I:00 A.M. JA ELI E
MosKOW[TZ #6238.'LoJ~-'
erty: 80 Lakeside-Drive and Cedar Point
Drive, Southold; CTM 1000.90-3-14. Re-
quest for Variarlces on this 14 118 square
foot lot, under Zoning Cod~':Sections
280-122 and ~80-124, ba~ed on applica-
tions for building permits and the Build-
lng Inspector's August 22.2008 Notice t
Dlsapp/oval concerning a pergola, tcnce'
height, swimming pool, al~d as built car
I) tile proposed pergola to 6c addl'd
dBA #3255 of a, uaust 14. 1984
NOTARY PUBLIC.STAtE OF NEW YORK
NO, 01-VO6105000
~? CO~I~M~ ~tuary 28, 2012
18; bAs~d on the app~ic~P~ request for'a
. aid ~a~prova ~c0a¢~m~ng a cern ag a propg~efl ~e<~e~gw ~ a
35 feet tram ~¢_frontint'~e (a~er de.
mofish~g the ~g b~ng~ at 2000
'Broadwat~rs ~ad. ~tchogu~ ~M
~:30 RM. THOMAS G. and JOYCF
L MESSINA ~ 6223. Request for Vari-
ances unOe~ Sechon 280-116A(1),b~ed
on the BuildMg ~spector's September 2,
2008 Notice of Disapproval e6ncernMg a
proposed accessory swimming pool ~d
spa at less than 100:feet ~r0m the top of
the bank m bluffofi'a lot ~djacent to
Long Island Sound and.wi~ lot :overage
exceeding the code limit:aah of 20% on
this build:hie Iaaa area of [5,253 square
feet. at 1690 %c Strand, East Marion.
1:50 EM, GE R
~6937. Reouest for Variances under Sec-
nons 28045C and 280-116A 1L based
on the BEllomg Inspector's October 8
2008 Notice of Disapproval concerning
a proposed dwelling, swnnlnmg pool,
trellis and accesscry garage. 2he rea-
sons stated for d~o~pprowng the building
perm, application are: 1 the proposed
locatinns*of the ~ellis to ye added to inc
the top of the bluff or bank on lots adja-
swimming pool is also proposed m a s de
yard: ra~ef ~an~th~ff¢e~erm ~ed
front y~d in the case o[ a water,on
lot. or code-permitteh-rea~yard; (3) new
constmctlo~ is propb~ed at less th~e
code-required minimum of 15 feet on a
s~ngle side yard. Location ~f Propert~
18805 Soundview Avenue Southold:
2:10 EM HENRY TRAENDI Y
BARIgARA CADW&LLX )ER Io
Bmldm~ mspcctm s Januar 30. 7008
Nohce c D~sappmvaL anmn~cd July 25
100-76 renumhered 280-9 and 780-I{
~um of 22,feet :under ZBA ~ 395~ lots shall merge unffi the to al lot ske
dated July lZ 1990~ Conforms to the current bulk'schedule
f0~d at'less than Sgdod~-r~4ui~ed mini Request for Xari~ces for two proposed
:m~f 35 feht.~: '5-'; : '- ' ' lots in this re-division of ~d~m~fing
;'~:3OA.M.~ODOREE,PRAHL- ~n area of l~ss ~an th~ ~d~equked
9~_ #6234. Request for Variances under
Sections 280424 concerning this 7.70(
square foot parcel; and based on the
B~lthng Inspector s August 2Z 2008
Noticeof Disapproval concerning a pro-
posed deck and porch additions to the
existing single-family dwelling, ?hich
new construction will be less than the
code-required mmmaum of 35 feet for
a rear yard setback and which exceeds
tile code-maxwaum limitation of 20~
lot coverage~ at 1605 Old Shipyard Lane,
Southold: CTM 64-5-3l
40.000 square feet of buildable land un
der the Bulk Schedule for CTM Parcel
1000-31-14-11 and :dj§cent ~ Parcel
i000-g1-14-12; and
C/ZBA g6154: Request for Variances
under Section 280-124_ based on me
Building Inspector's January 30. 2008
Notice of DisapprovaL'amended July 25,
2008 concerning a proposed single-ramt
ly dwelling (:fret demolition of an exist-
ing budding) with a proposed single sine
yard at less ~han the code required mini-
mum of 10 feet. less than the required
1;00 EM. ANDRF~W and ELIZA combmed sideyards of 25 feet, andless
BETH GREENE, ~6235; Request for than 35 feet from the front yard lot line
Varihnces'undeC'CoiJb Sections 280-12
and 280-13~.2.a. based on the Building
Inspector's June 30. 2008 Notice of Dis-
approval concerning an application for a
building permit to alter the use ox an ac-
cessory building (second floor, from an
accessory use as a garage [o the owner's
home occupation office with full bath-
room. after removal of the as-built kitch-
en:nd co6king areas, instead of a home
office carried on in the mmn building.
The proposed ct}ange in use frora garage
t6 a hums off ce s not perm tied under
Code Section gg0-13C.2a, wincn reqmres
a "home occupation" to be incidental to
the residential use of the premises and
camed on.in the main building. In addi-
uon. the Building Inspector state~ that
the ex~sm~g nvmg space with kitchen
tapartment ~ as-built is not permitted un-
der Section 280-12. since the Code limits
each lot to only one dwelling. Location
of Property: 306-53 C.R. 48 a/k/a Middle
Road or North Road Peconic: CTM
7345
ar 13000 Main Road_ East Marion: CTM
The Board of Appeals will hear al
persons, or rnelr representagves, desir-
ing to be heard at each hearing, and/or
desiring to submit written stater~ems
before the conclusion of each hearing.
Each hearing will not start earlier dmn
designated above. Files are ay:liable for
review during regular business hours
have.~uestiogs~ please do not hesitate
to cdnt~ct o~3%ffice at (631~ 765-1809
or by e-malb Linda. Kowalski@Town
Southbld.ny.us,
Dated: December 12. 2008
ZONING BOARD OF APPEALS
GERARD E GOEHRINGER
CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road Office I,ocation
53095 Main Road (Mailing/LISPS
PO. Box 1 ] 79
Southold NY 11971-0959
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME ZITO, R. & P.
#6233
MAP #
123-3-16
VARIANCE SETBACKS
REQUEST AS BUILT SHOWER ADDITION
DATE: THURS, JAN. 8, 200 1, 10:45 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
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
December 10, 2008
Re: Town Code Chapter 55 - Public Notices for Thursday, January 8, 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 December 22nd
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 alJ 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 addr6ss 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 wdtten
statement, or durin.q the hearinq, providinq the returned letter to us as soon as possible;
AND not later than December 29th: Please either mail or deliver to our office your Affidavit of
Mailing (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 December 29th: 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 stre'.et or roadway, an extra sign is available for the additional front yard. Please
deliver or mail yourAffidavit of Postinq for receipt by us by January 5, 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.
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Sou[hold, NY 11971
http://southoldtown.north fork. net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
~Mailin~ Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
TO:
Date:
REFERENCE::
FACSIMILE TRANSMITTAL SHEET
Fax #
TOTAL NO. OF PAGES INCLUDING COVER:
SENDER'S TELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
[] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT []AS REQUESTED
NOTES/COMMENTS:
Please find attached copy/copies of the following.
Thank you.
Sender's Initials:
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Mailing Address:
Southold Town Hall
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 30, 2008
Mark Terry, Senior Environmental Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. 6233 (ZITO)
Dear Mark:
We have received an application for an as built shower addition, 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. Goehringer
Chairman
Encls.
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
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 SOUTHOLD
Tel. (631) 7654809 · Fax (631) 765-9064
September 30, 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 #6233
Action Requested:
Within 500 feet of:
Owner/Applicant: ZITO
Bluff setback and Lot coverage
( ) 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. Goehringer
ZBA Chairman
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
Z/-'FO 2
(Rathe of Applicants)
CTM Parcel #1000- __~__~__~.~_~
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF
MAILINGS
~.c,"~./-~C~U~, New York, being duly sworn, depose and say that:
On the/~ ~ '~Z "~ay of ~c~_~ ~L , 200~, I personally mailed at the
Uni{ed States Post Office in C~.7-C fl~dc~ , New York, by CERTIFIED
MAll., RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in 'prepaid envelopes addressed to current owners sho,,l(n.,on the current
assessment roll verified from the official records on file with the ~X~ Assessors, or
( ) County Real Property Office .... ,. for. e.v.e?
property which abuts and is across a pu?c..or priva.te s[r~ee~ or vehicular ngm-oT-
way of record, surrounding the applica~?~j~
Sworn to b~fore me this
day 2OOZ
(NoJary ~ublic)
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed. Thank
you.
[[ /'
,t., y'
I1
II
rU postage $1.00
nj
~.. Certified Fee $2.70
Retum Receipt Fee
t'--I (Endorsement Required) $2.20
Restricted Delryery Fee
~ Tot~lPostage&F~s $
J3 Sent o --
rl.i Postage $
nj
Ce[Iified Fee
'3- ILl
~ Return Receipt Fee ru
~ (Endomement Required) $~,~) ru
i-1
Restricted Delivery Fee
I~1 (Endorsement Required) $0o00
Total P~tage & Fees
nj
ILl Postage
rLI
_=1- Certified Fee $2.70
Return Receipt Fee
C:3 (Endorsement Required) ~0.00
nj
Postage
Certified Fee
Return Receipt Poe
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
$ $5.90
I ~~C ~ A L U S E
$1.~
t2.?O
$2.20
~0.00
$5.~
· C~3mplele items 1,2, and 3. Also complete
Item 4 if R~ Delivery Is desired.
· Print your name and address on the reverse
an that we can return the card to you.
· Attach this card to the back of the mallpleca,
or on the front If space perm..
1. Article Addreesed to:
William and Janet Stanton
4 Jefferson Street
West Hempstead, New York 11552
2. NtlcteNumber 7006 2150 0004 2218 0596
(Transfer f~m sen4ce ~be;)
PS Form 3811, February 2004 Deme~e P,e~um Rees;~pt
I Complete items 1,2, and 3. Also complete
item 4 If Restricted Dellvety Is desired.
I print your name and address*on the revmse
so that we can return the card to you.
· Attach this ~ to the ba~k of the mallplane,
or on the front If space permits.
1. ArtioleAddfessed to:
Loo,s
If yES, mltm' delivery a~re~ below: [] No
3. Servk:e Type
r-1C~ Mall ~1 Expmes Mall
[3 Registered [] Return Receipt for Merohand{se
[] Insured Mail r'l C.O.D.
Restricted Delivery? (Ex~a Fee) [] yes
7006 2150 0004
2220 1383
PS Form 3811, February 2004
Deme~e Return Receipt
· Comptete items 1, 2, an~ 3. Also 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 mallplece,
or on the front if space permits.
1. Artlcte Addressed to:
I No
Harold & Rosemarie Hepensteil
1055 Bungalow Lane
Mattituck, New York 11952
3. Sewlns Type
[3 Ce~llted Mall [] FJq)me~ Mail
[] Insured Mail [] C.O.D.
4. Re~flc~ed Dell~ ~a r-~ i-1 yes
7006 2150 0004 2218 0602
2. Article Number
(;'r~,=;~, from ~,,,'~ lebe~
PS Form 3811, February 2004 Demeetl~ [~lll~l~ 102595-02-M-1540:
· Complete items 1,2, and 3. Also complete
item 4 if Restrfctsd Delivery is desired.
· Print your name and addmes 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.
1. A~ticle Addressed to:
Edward R. Grohoski Jr.
P.O. Box 627
Mattimck, New York 11952
2. A~tlcle Number
I'1 Return Receipt fo~ Metchaedise
r~ Insured Mail [] C.O.D.
4. Rest~cted Daiivmy? fExt~aFes) F1 Yes
7006 2150 0004 2218 0664
PS Form 3811, February 2004
· Complete items 1, 2, and 3, Also complete
;'mm 4 if Restricted DeJlve~ 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 maiJplsoe,
or on the front if space permits.
1. A~ticle Addressed to:
Francis & Catherine Califano
89 Plimpton Avenue
Roslyn, Heights, New York 11577
2. Article Number
~'~,.~- ~m ~,~ ,~ 7006
[] ~ M~dl
[] Re~um Receipt for Membendi~e
[] C.O.D.
4. Restricted Delivery? (Exba Fee) [] Yes
2150 0004
2218 0589
ZONING BOARD OF APPEALS .-
TOWN OF SOUTHOLD:NEW YORK
.X
In the Matter of the Application of
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
0oo- It! -
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
CI,F~~I~ duly sworn, depose and say that:
New
York,
being
On the ~i~ day of ~,l~e 20~,, personally plaid the
To~'s offidal Poster, wi~ t~ date o[ heanng and nature of my appli~tion
not~ ~reon, s~rely u~n my prope~, Io~t~ ten'(lO) feet or dos~ from
~e s~ea ~ dght~-way (d~veway en~n~) - fad~ ~e s~eet or faring ea~
s~eet or right, f-way entrant;* a~ ~at
I ~reby ~nfi~ ~at the Post~ has rema~ in ~f~ven days
~or to ~e date ~ ~e subj~ hea~ng d~e, ~~~~ to be
Sworn to before me ~is '
% day of ~, 200%
AICIA WAL~R
~.. ~ No. 0tWA6t530~
(Nota~ Public) aua~ ~ m ~ ~un~
~mi~si~ ~ res ~pt. 25,~
*near the entrance or ddveway entrance of my properly, as the area most visible
to passersby.
-N-
.:cON ~C
COUNTY OF SUFFOLK (~
Real Property Tax Service Agency
SOUTHOLD
SECTION NO
123