HomeMy WebLinkAbout6228J/
APPEALS BOARD MEMBER~
Gerard P. Goehringcr, Chairman
Ruth D. Oliva
James Dinizio, .Ir.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Mailing Address:
Southold Town Hall
53095 Main Road · RO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Tel. (631)765-1809. Fax (631)765-9064 ~ ~' '157
3 2209
FINDINGS, DELIBERATIONS, AND DETERMINATION
ZBA ~ 6298 - DIANE MULV~EY and BET~ ~. BRESLOFF
Location of Property: Marion Lane and Bay Avenue, East Marion
CTM Parcels 1000-31-8-13 and 1000-31-8-12.4
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property
under consideration in this apphcation 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 applicant's lot (Mulvaney) contains
34,124 square feet with 142.99 feet along Marion Road to the north, and 213.95 feet
along the south/east lot hne along Marion Road. The adjacent lot (Bresloff) contains
8,340 square feet with . Both lots are improved with a single-family dwelling, as
shown on the October 7, 2008 survey for lot line change prepared by John T.
Metzger, L.S. for Peconic Surveyors, P.C.
BASIS OF APPLICATION: This application is based on the applicant's request for
a lot-line change and the Building Inspector's Notice of Disapproval citing code
Section 280-18.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 8,
2009, at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence,
the Zoning Board finds the following facts to be true and relevant:
RELIEF REQUESTED: This is a request for area variances concerning a proposed
lot area for 1000'31-8-12.4, at 225 Marion Lane, which lot will become less
conforming by reducing its size from 34,194 square feet to 30,448 square feet in total
size, and concerning 1000-31-8-13 at 730 Bay Avenue, East Marion, which lot will
become more conforming by increasing its size from 8,340 square feet to 12,086
square feet.
Page 2 - January 22,
ZBA # 6228 - D. Mulvaney and B. Bresloff
CTM Parcels 1000-31-8-13, 1000-31-8-12.4
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)(b)(1). Grant of relief will not produce an undesirable
change in the character on the neighborhood and a possible detriment to nearby
properties because the residential use of the properties will remain and the front
yard setback will be increase.
2. Town Law Section 267-b(3)(b)(1). The benefit sought by the apphcants cannot be
achieved by some method feasible for the applicant to pursue, other than an area
variance because an area variance is the only way town will recognize the new lot
hnes.
3. Town Law Section 267-b(3)(b)(1). The variance granted herein is not substantial.
Removing the existing right of way will decrease the degree of front yard
nonconformity for Lot 1000'31'2' 13.
4. Town Law Section 267-b(3)(b)(1). The difficulty has not been self created. It is
created because a new right of way was constructed to give the owner of lot 1000-31-
2-12 access to their property and to eliminate the need for the right of way across lot
1000-31-2-13.
5. Town Law Section 267-b(3)(b)(1). There has been no evidence submitted to
suggest that a variance in this residential neighborhood may have an adverse
impact on the physical or environmental conditions in the neighborhood because
nothing will change with respect to either of the above-mentioned conditions.
6. Town Law Section 267-b. The grant of the requested rehef for the lot sizes is the
minimum action necessary and adequate to enable the applicant to enjoy the benefit
of a lot line change, 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, motion was offered
by Member Dinizio, seconded by Chairman Goehringer, and duly carried, to
GRANT the variance as applied for, as shown on the October 7, 2008 Survey
for Lot Line Change prepared by John T. Metzger, L.S. (Peconic Surveyors,
P.C.).
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
Page 3 - January 22,
ZBA # 6228 - D. Mulvaney and B. Bresloff
CTM Parcels 1000'31-8-13, 1000'31-8-12.4
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 2/2/2009
Approved for Filing
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971~0959
http://southoldtown.north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765~9064
February 3, 2009
Mrs. Diane Mulvaney
225 Marion Lane
East Marion, NY 11939
Mrs. Betty J. Bresloff
730 Bay Avenue
P.O. Box 771
East Marion, NY 11939
Re: ZBA # 6228 - Lot Area Variances (Change of Lot Line)
Dear Ms. Mulvaney and Ms. Bresloff.'
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 Planning Board Office (765-1938)
regarding the next step in the application process.
Thank you.
Very truly yours,
End.
Copy of Decision to:
Building Department
Planning Board Office
Linda Kowalski
TO:
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
NOTICE OF DISAPPROVAL
Betty J. Bresloff and Diane Mulvaney
P.O. Box 771
East Marion, NY 11939
-~ON~t~G BOARD OF A.?~
DATE: September 5, 2008
Revised: Sept. 17,2008
Please take notice that your application dated August 20, 2008
For a permit for a lot line change at:
Location of property: 225 Marion Lane, East Marion, NY ! tq3~
County Tax Map No. 1000 - Section 31 Block 8 Lot 12.4
Is returned herewith and disapproved on the following grounds:
The proposed lot line change, on lots in the Residential R-40 District, is not permitted
pursuant to Article IV, Section 280-18, which states;
No building or premises shall be used and no building or part thereof shall be
erected or altered in the Low-Density Residential R-40 District unless the same
conforms to the requirements of the Bulk Schedule and of the parking Schedule,
with the same force and effect as if such regulations were set forth herein in full.
Bulk Schedule requires a minimum lot size of 40,000 squai~ l¢=t. owing the
proposed lot line change, the subject lot(SCTM#1000-3 I~-')12.4)will becom~ more non-
conforming, from 34,194 square feet to 30,448 square feet in total size, SCTM# 1000-31-
2-13 will become less non-conforming, from 8,340 square feet to 12,086, square feet in
total size.
The proposed lot line change requires approval from the Southold Town Planning Board.
This Notice of Disapproval was written based on three surveys by John T. Metzger, dated
07/07/08, 10/6/96 and 7/7/08.
Authorized Signature
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
NOTICE OF DISAPPROVAL
TO:
Betty J. Bresloff and Diane Mulvaney
P.O. Box 771
East Marion, NY 11939
DATE: September 5, 2008
Please take notice that your application dated August 20, 2008
For a permit for a lot line change at:
Location of property: 225 Marion Lane, East Marion, NY
, 8EP 17 2008
BOARD OF APPEALS
County Tax Map No. 1000 - Section 31 Block 8 Lot 12.4
Is returned herewith and disapproved on the following grounds:
The proposed lot line change, on lots in the Residential R-40 District, is not permitted
pursuant to Article IV, Section 280-18, which states;
No building or premises shall be used and no building or part thereof shall be
erected or altered in the Low-Density Residential R-40 District unless the same
conforms to the requirements of the Bulk Schedule and of the parking Schedule,
with the same force and effect as if such regulations were set forth herein in full.
Bulk Schedule requires a minimum lot size of 40,000 square feet. Following the
proposed lot line change, the subject Iot(SCTM#1000-31-2-12.4)will become more non-
conforming, from 33,907 square feet to 30,307 square feet in total size, SCTM# 1000-31-
2-13 will become less non-conforming, from 8,340 square feet to 11,940 square feet in
total size.
The proposed lot line change requires approval fi'om the Southold Town Planning Board.
This Notice of Disapproval was written based on three surveys by John T. Metzger, dated
07/07/~i7T0/6/96 and 7/7/08.
Authorized Signature
FORM NO. 3
NOTICE OF DISAPPROVAL
TO:
Betty J. Bi'esloffand Diane Mulvaney
PO Box 771
East M;'rian, NY 11939
Please take notice tisat ?m' application dated August 20, 2008
DATE: September 5, 2008
For permit tbr l,-~t line change_ at
Location of p~ a~e~ ty 225 Marion Lane. East Marion, NY
C ~~'N~x
ounty Tax tv!a?, ,a i00,9- Section,,. 3~x.~ Block_8 Lot 12.4
Is returned hcrc ,vit[~ a~d disapproved on the following grounds:
The proposed It>l .,.m~ change, on lots in the Residential R-40 District, is not permitted pursuant to
Article IV, Section 280-18. which states,
"No bui!din~2 or m'emises shall be used and no building or part thereof shall be erected or altered i,,
the Low-.i)c;~:qitv l,'csidential R-40 District unless the same contbrms to the requirements of thc
Bulk Schednle and of the Parking Schedule, with the same force and effect as if such regulations
were se~ ILrlh ~ ....... ~ "-
Bulk Scliedulc r.~dilt ~; a ,aii,mt~r3ot size of 40,000 square feet. Following the proposed lot linc
change, the subject lot tSC'I'~/~~/~ ~h ~ ~,~ ...:,, ,_ ,.
....... 757 ....... ~=~ -~m4~z,~.~ w,5~?me more non-conmrm~ng, from 33,907 squ~e
~¢et to 3u,60/~ in total s~ze, SCTMO 33-2M3 will become less non-~onfo~ino from 8 340
square feet ~t,: Lg:~0 s4t, 'e filet in total size. ~ ~' '
~e proposed ici!b>: cha~age requires approval fi'om the Southold Town Planning Board.
This Noti~3'_.!sa~vas~ ritteu based on three surveys by John T. Metzger, dated
Cc: file. ~2;.~
TOWN OF'SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765~9502
SoutholdTown.NorthFork.net
Examined ,20 __
Approved __ f, 20/
Disapproved a/c(~~t~
Expiration / /~ [ 20~
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying'?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
........ Trustees
'~ ~ ~ [~ 0 ~ ~ ~ Flood Permi[
i~ji [1~! St°rm'Water Assessment F°rm
~g I%tor
APPLICATION FQR BUIL~
?
Date /l~c~[L~ ~20 ,200~
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according 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 premises available tbr 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 Ordinance 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 .cj:~e.~ and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections, f
(Signatm'~'~f applicant oy~me, ifa corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises ~l'a~ c /~A u'~ga ~s~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 on which proposed work will be done:
House Number Street
Hamlet
County Tax Map No. 1000 Section Block Lot
Subdivision Filed Map No. Lot
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy
b. Intended use and occupancy [0~ I I'r/e-_
Nature of work (check which applicable): New Building_
Repair Removal Demolition
Estimated Cost Fee
If dwelling, number of dwelling units
If garage, number of cars
Addition Alteration
Other Work 0
(Description)
:(To be paid on filing this application)
Ntah~e[to~ dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height Number of Stories
Rear
.Depth
Dimensions of same structure with alterations or additions: Front
Depth Height Number of Stories
Rear
8. Dimensions of entire new construction: Front
Height Number of Stories
Rear _Depth
9. Size of lot: Front Rear Depth
10. Date of Purchase
Name of Former Owner
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO__
13. Will lot be re-graded? YES NO__Will excess fill be removed from premises? YES NO__
14. Names of Owner of premises
Name of Architect
Name of Contractor
Address Phone No.
Address Phone No
Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES __NO
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a 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.
18. Are there any covenants and restrictions with respect to this property? * YES __
· IF YES, PROVIDE A COPY.
NO
STATE OF NEW YORK)
COUNTY OF~-5't~ I K ~S:
~l O, rl e ,/~ tJ It/On ~ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing c~-~ract) 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 to before me this
. 2-0 dayof /Z~.gOS'k 200~
Notary Publ~ta~ Public, S~te ~ New Y~
NO. 01F06~779~1
qualified in Su~lk Coun~
Commission Expires Nov~r 1~, 20~1
~T~n'~ture of A~ant
N
SURVEY FOR
LOT LINE CHANGE
AT EAST MARION
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000 -3] -08 42.4
1" 30'
Scale: =
Oct. 7, 2008
UTUTfES -
GAS
CABLEV~SION
OVERHEAD WIRES
PUBLIC WATER
OWNERS~
1000-31'08'12.4
DIANE 8. SCOTT MULVANEY
225 MARION LANE
EAST MARION1 N.Y. 11939
& BETTY J. BRESLOEF
730 BAY AVE.
EAST MARION~ N,Y. 11939
'1000 -31- 08- 13
BETTY J. BRESLOFF
730 BAY AVE.
EAS,T MAR/OH, N.Y. 11939
· =MONUMENT
· =PIPE
ZONb/G DI,$TRICT~ R 40
FIRM ZONE X
AREAS lO00- SI-OB-
lO00- 31-
NEW
PARCEL
PARCEL
12.4 = 34~194 sq./I.
~ 8,334 sq.lt,
30,448 sq,lt.
12~080 sq./L
fINAL MAP
EVIEWED BY ZBA~
EEr DECISION # ~.~-~-.~
LIC. NO. 496ff
P.C.
FAX (631) 765-1.797
P.C
12JO TRA ~,'ELER S[REET
N
SURVEY OF PROPERTY
AT EAST MARION
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-31-08-P/0 12.4
SCAL~ 1'--$0'
JUL Y 7, 2O08
SEP 2 2 ?~l
AREA=30,~.d8 80. FT.
· =MONUMENT
· =PIPE
LIC. NO, 4961
P,C.
(630 765-1797
P.O.
'/2ZO TRAVELER STREET[
~OU~HOL~. N.~. 11~Zl ~ ,.,8--.~60
RECMVED
~lOJJflS JO
Fee: $ Filed By: Date Assi~ne~Assi~meat
Omce~ote~: SEP ~ ~ 2008
ZONiNG~OA~D
ParcelHouseNo.~9~-Street f~.r,'0n ~0.r~-~ Hamlet
SCTM1000Section33 BlockCO/ Lot(s) I ~' ~ LotSize Zone ~ - q 0
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: .~ Cj_9 ~ f' / )~oa ~
app,icant/Owner(s):
Mailing
Address:
Telephone:
NOTE: in addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract
vendee, etc. and name of person who agent represents:
Authorized Representative: ~ ~,%t..~ for ( ) Owner, or ( ) Other:
Address:
Telephone:
Please check box to specify who you wish correspondence to be mailed to, from the above names:
~pplicant/Owner(s) [] Authorized Representative [] Other Name/Address:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR:
[] Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As~-Built Construction
[]Other: I ~) ~F [~'n ~ ~(a~n~, c~
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.
Article .~-V Section 280- I ~/ Subsection
Type of Appeal. An Appeal is made for: ~ 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 with respect to this property UNDER Appeal
No. __Year__. (Please be sure to research before completing this question or call our office to
assist you.).
Name of Applicant:.
REASONS FOR APPEAL (additional sheets maF be used with preparer's signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of thc
detriment to nearby properties if granted, because:
SEP 2 2 2008
(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: ~£~q~SL~/~ ~ ,~ 36l~r'~-
(5) Has the alleged difficulty been self-created? ( )Yes, or '~o.
Are there Covenants and Restrictions concerning this land: ~._No. [] Yes (please furnish copF).
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.
Notary Public
R~th Love
Notary Public State of New York
No. 01LO6054063
Qualified in Suffolk County
CommiSsion Expires March 5. 20
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure t~ c~nsult you o~.) ~
Signature of Appellant or Authorized Age, it
(Agent must submit written Authorization from O~)
CONNIE D. BUNCH
Notary Public, State of New York
No. 01BU6185050
Qualified in Suffolk County
Commission Expires A0ri114, 20 !
]
617.21
Appendix C
State Environmental Quality Review
SHORT ENI/IR O NMENTAZ ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - Project Information (To be complete by Applicant or Project sponsor)
1. Applicant / Sponsor 2. Project Name
. Project Iocation~':'/'Li ~ ~'~i' (0 ~
Municipality County
4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map)
5. Is proposed action:
( ) NEW ( ) EXPANSION ~MODIFICATION/ALTERATION
6. Descdbe project bdefly:
7. Amount of land affected:
Initiaily: ~ ~ acres; Ultimately: acres
I sd_ ' -5 oo5J¢
8. Will pr~osed ac-iToh comply ~ e~s~¢~ other e~sting land use resections:( ) YES ~ ) NO If No, descdbe bdefly:
What is present land use in vicinity of project: (describe):
(X~Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) ParkJForest~Open Space ( ) Other
10. Does action involve a permit approval or funding, now or ultimately from any other Governmectal agency,(Federal, State or Local) ?
( ) YES i'~NO If Yes. list agency(s) and permit/approvals:
t
11. Does any aspect of the action have a currently valid permit or approval?
( ) YES (ANO If Yes, Iist agency(s) and permit/approvals:
12. As a result of proposed action, will existing permit/approval require modification?
1( )YES (~- If Yes, list agency(s) and permit/approvals: ]
is true to the best of my knowledge
Applicant/Sponsor Name:
Signature:
I certify tl~t-t~,~_tnformation provided above
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment
AP T~R~kNSACTIONAL DISCLOSURE FORM~
PrIC ro OW R, COmRXCr VEN-DE
The To,~ of Sou~old's Code of Ethics prohibits conflicts of interest on the p of ~[~[7~~
posab~conflicts of interest and allow it to take whate ...... ,~- :- ,~~°~Oo8
and employees, ~e pu~ose of ~is fo~ is to provide infomation, which ca
NAT~E OF ~PLICATION: (Check all that apply.)
Variance ~
Special Exception
*Other
Approval or Exemption
from plat or official map
Change of Zone
Tax Ghevance
*If"Other" name the activin:
Do you personally (or through your company, spouse, sibling, parent, or child) have
relationship with any officer or employee of the Town of Southold? "_ · . ,, -
Rela~91udes
bl~qod, ma~e, or business interest.. "_Business interest" means a busfl!ess/,_~&ncludin~
partn~ership, m whi~_c.h the Town officer or em Io ee has even a _artial ownershil~_of (o~r
empl~orporation in which the Town officer or employee owns more than
YES__ ~ NO
If yon attsn,ered "YES", complete the balance of this form and date and sign where indicated.
Name of persou employed by the Town of Southold:
Title or position of that person:
Describe thai relationship between yourself (tile 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 prov/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 applicm~t 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, pa~'ner, or employee of the applicant; or
~,~ _ D) the actual applicant.
DESCRIPTION OF RELATIONSH~
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 9-22-08
ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP
#6228 Mulvaney, Diane & #1004 $600.00 RECEIVED
Bresloff, Betty J.
SEP 2 2 200~
$out hold Town Clerk
TOTAL $6o0.0o
Sent via Inter-Office to Town Clerk by: __PMK
Thank you.
ELIZABETH A. NEVILLE
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.north fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
September 23, 2008
Zoning Appeal No. 6228
Transmitted herewith is Zoning Appeals No. 6228 of Diane Mulvane¥ & Bet~, Bresloff- the
Application to the Southold Town Zoning BoaId of Appeals. Also enclosed is the Short
Environmental Assessment Form, Transactional Disclosure Form, Ariel Photo of Properties
Showing Existing Construction, Notice of Disapproval from Building Department Dated
November 29, 2004, Tax Map of Properties, Survey of Diane Mulvaney Property Showing
Existing Construction (also Showing Betty Breslofl~s Property) Prepared by Rodefick Van Tuyl,
P.C., Notice of Disapproval from Building Department Revised September 17, 2008, Copy of
Survey for Diane Mulvaney Showing New Property Line & Lot Size & Existing Construction
Dated July 7, 2008 Prepared by Peconic Surveyors, P.C., Survey for Betty J. Bresloff Showing
Existing Construction Dated November 6, 1996 Prepared by Peconic Surveyors, P.C.
I Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 09~22/08
Transaction(s):
1 1
* * * RECEIPT * * *
Application Fees
Receipt#: 29099
Reference Subtotal
6228 $600.00
Cash#: 1004
Total Paid: $600.00
Name:
Bresloff, Betty
730 Bay Ave.
E. Marion, N.Y. 11939
Clerk ID: CAROLH Internal ID: 6228
SURVEY FOR
~'"'~ · ~:~BETTY
J BRESL OFF
A T EAST MARION
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N Y.
1000 - 31- 08 - 13
Scale: 1" = 40'
Nov. 6, 1996
BETTY U. BRESLOFF
FIDELITY N,4 TIONAL TITLE INSURANCE COMPANY"
OF NEW YORK
~,ID Jt~P OR COP~S B~R ~ ~i~RffS~ED SF~4L OF THE ,gJRVEYOR
~t,v~E ~ ~I. IRE ~ff~.ARS HEREOf4
ADDITIONALLY TO COMW. Y ~TH SA~D L~W THE ~ 'AL T~ BY' P. O.
~T ~ ~ BY ~ ~ ALL ~Y~S U~ A C~Y
~T-T~A~ ~ ~T ~ ~ ~TH r~ ~ SOUTHOLD~
LIC. NO. 49618
;T
1197'1
96- 293
PLANNING BOARD MEMBEO
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L, TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD '
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
To:
MEMORANDUM
Gerard P. Goehringer, ZBA Chairman
Members of the Zoning Board of Appeals
From: Jerilyn B. Woodhouse, Chair
Members of the Planning Board
Date: December 15, 2008
Re:
Request for lot line change requiring area variance
SCTM#1000-31-8-12.4 and SCTM#1000-31-8-13
225 Marion Lane, East Marion, New York 11939
Zone: R-40
The Planning Board has received your request for comments regarding the above
referenced application for a lot line change requiring an aroa variance in the R-40
zoning district in East Marion. As proposed the applicant is seeking to give the flag pole
portion of Parcel1, SCTM#1000-31-8-12.4 totaling 3,746 square feet to the adjacent lot,
Parcel 2, SCTM#1000-31-8-13.
The Planning Board has reviewed the above referenced application at their December
15, 2008 Work Session and offers the following comments:
1 ) Parcel 1, (SCTM#1000-31-8-12.4) and Parcel 2, (SCTM#1000-31-8-13), aro both
pro-existing non-conforming lot sizes in the R-40 Zoning District.
2) Parcel 1 totals 34,194 sq. ft. and Parcel 2 totals 8,334 sq. ft
3) After Parcel 1 transfers 3,746 sq. ft. to Parcel 2, Parcel 1 will total 30,488 sq. ft
and Parcel 2 will total 12,080 sq. ft.
4) Parcel 1 will become more non-conforming and Parcel 2 will become less non-
conforming.
5) However, this lot line change will have no impacts on any of the following:
a. Surrounding environment
b. Community character
c. Change in use or intensity of land
d. Town's current planning goals
Because there will be no impacts from this Lot Line change, the Planning Board is in
favor of granting the requested area variance in this instance, which would retain the
non-conforming lot sizes.
We hope that the information provided to you is helpful. Should you have any
questions or need additional information, please contact the Planning Department.
Thank you.
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, 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:
10:10 A.M. DIANE MULVANEY and BETTY J. BRESLOFF #6228. Request for a Variance under
Section 280-18, based on the applicant's request for a lot-line change and the Building
Inspector's Notice of Disapproval concerning a proposed lot area for 1000-31-8-12.4, at 225
Marion Lane, which lot will become less conforming by reducing its size from 34,194 square
feet to 30,448 square feet in total size, and concerning 1000-31-8-13 at 730 Bay Avenue, East
Marion, which lot will become more conforming by increasing its size from 8,340 square feet to
12,086 square feet.
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)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
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
said Newspaper once each week for 1 week(s), successively, commencing on the
.18th dayof DecemberI 2008. --
Principal Clerk
Sworn to before me this
] eday of._
~, based on the applicant's request for'a
o -line change a~.d the Building Ins ec-
toffs Notice of DisapprogaIt:o~ic~rn Png a
proposed lot arena for 1000:3~:8~12.4. at
225 Marion Lane, which lot will become
less con fomnng by reducing its s~ze from
· 34.194 square fe~t to 30 ~48 squar&'f&et
l~ totm s~z.. and concdrning 1000-3I-
8-13 at 730 Bay Avenue, East Marion.
which lot will beconle more conforming
by increasing ~ts size from 8~340 square
feet to 12.086 square feet.
i0:30 A.M ~ BERGAMINI
# 6241: Request for Variances under Sec-
tion 280-124. based on the Building In-
spectoEs October 17,2008 Notice o£
approval concernmg a proposed Jeck
addition at less than the code-reqmrca
minimum front yard setback of 35 feet
ZONING B~ARD.OF APPEALs
THURSDAY, SANUARY. 8, 2009
' r ' ~'
PUBLIC~IEARINGS
NOTICE IS HEREB~y GIVE~, ~ur-
suam to ~ecnon 267 of th~ Town Law~d~
To~ Code Ch apt er ~80'(Zoni0~); T~wn
of ~o~d,t t he~:t6~ow~g.~ ub
in s'wfll ~
to~,Z0smc ~O~v O~p-
PEaS;at'the Town
Road, ~O. Bog 1~79;
York it~l-0g~gn ~RSaX~7RN-
UARY'8: 200~?-*'~ -'
9130 A.M.t~tFER. JACOBS and
CLAYTON GATE~ gb2~:R~quegt for
%dlnces:~ic~ mii'12,760~iq~
on th~ Building ~phctor's July 24.2008
Notice af Disapproval concermng a
proposed seco~d}~tory:~ddition and a -
terations th.the exis~g dwelling, wi~a
sethack of less than thc code-required i-
ft. minimum amgle side setback ~d l~s
than 35 R. minm~um rear yard setback,
· at 645 Jackson S~eet,New Suffolk:
1000-117-9 5.2.
9:40 A.M. ANTHONY and BARBA-
RA BONAO~6081. ~est
Special Excepho. n under Zomng ~de
Section 280-13B for approval of an as:
built Accessow Apar~ent w~th owner-
occupancy in a s~gle-far~fly dweflmg a~
enlarged M/h recen~,~dditiong hi' 900
Holbrook Lane;'Mhffitucg~-'~ 113-
6-11
9:55 A.M. MICHAEL K. and THER-
~E HU~HE~ ~6236. Request for Vari-
~ces unger S¢ctmns 280-4 and 280¢12,
based upon an application ~or a b~ ding
permit and th'~ B~ilding ~pector s Sep-
tember 22, 2008 Notlm 6f Disapproval
sraung that the as-built morale acme
not permitted for two reasons: 1)it con-
stitutes a second dwelling un , and (2)
~t contains less than 850 square feet of
iv ng area Location of Property: 9525
Main Road, Mattituck; ~M
6 13.
'_ oo8.
NOTARY PUBLIC-STAff OF NEW YORK
No. 01-V06105050
~u~iih~,~ i~ '~tolk County
1:!5; E,M, ~(~0 ~ROADWAT~
May. 12,2008 Nofic~ ~f D~appr~vd~n.
c~rning a ~rop0sed'?~dw~ wi~
setback at iess.~'t[e cdd4~r~kuked
35 feet Rom the_front lot line (~ter de-
1:30 PM. ~MAs G. and
~ ~ 6223. Request for Vari.
on the Building [nspecthr's Septem~r 2
2008 Noace of D~sapproval c6ncemmg a
proposed accessory swunmmg pool
spa at less thaa ~00 feet from the top of
the bank o~ bluff off a lot adjacent to
kong Island Sound and wi~ lot :o*erage
exceeding the code limltanon of 20%
this buildable land area of 15,253 square
~d lot coverage exceeding the ~de feet. ar 1690 ~e Strand, East Marion:
l~itation of 20T~ on this aonconmrm- CTM 30-2-61
hg +1- ,31 a~re:lot;at 4050 ~mp Mine~ ' 1:50 RM.' GEOR~ATRA~[$
10:46 ~.M. DONOr D ZITO ~6233 tions )S0~,C an~ 28~ ~s,unaer ~ec-
..... -- - -ll6A(1L based
Request for a Variance UnQC~ Section
280-124, based on the Building lnspec
for s August 25, 2008 Notice of Disap-
proval concerning an as-buih outdoor
ShOWer addition to the smgte-famiy
dwelling which is less [hen 10 fee on a
single s de yard, less than 15 feet on the
opposite side yard, resulting ia less than
25 feet for a total of both sade yards, at
185 Bungalow Lane, Mattituck: CTM
n':oo A.M. ~
_MOSKOWIT7 #62~8. Location of Prop-
erty: 80 Lakes]de'Drive and Cedar P~int
quest for Variances on this ii;Il8 square
foot lot, under 'Zoning Cod~ Sections
280-122 and 280-124, based on applica-
tions for building permits and the Build-
ing Inspector's August 22, 2008 N mc e of
Disapproval concert mga pelgola, f¢llCe
ZBA u3255 ut August 14, 1984:
3onddinns under ZBA ¢395( tatcd Julx
screening sh,dl not exceed 4 fi 0 in in
)n the Builamg Inspector's October 8.
2008 Notice of D~sapproval concermng
a proposed dwelling, swnnmmg poog
trellis and accessory garage. The rea-
sons stated for disapproving the building
permit appncatmn are: 1)/ne proposed
10~ations>of the trelfis to be added to the
house, and accessory swinuning pool. are
not permitted at less than 100 fee from
the top bf the bluff br bank on lots adja,
cent to the L.I. Souhd: (2)'/Ee in:crowd
swm* ~nng pool ,s also proposed il a side
yard~
lot, or code-permitteffrea(~ard 0) ~aew
construction is prcip6sed ~t less th~n,the
- ' Bt~i!diag; !nspecto~i J~uary :;30; 2008
f8;'t 2re 2N0~Cceo;cteDr s~PProyalearaended'tUly 25,:
nng a proposed iingig:fami_
~ ly dwelling (after demolili0~:oi~W6xi~t}
siOe
a~ 13000 Main Road East Marion. M
e t ~eBuildin 3 - 2 ,CT
apProvalco~cemingana hcati · ar~ ~f~ppeaI¢ w!llhear all
bufld~ e~it PP 0a for a persons, or their re resen '
Ces0 ~p' ' 0a!tertheuse°fanac- ngtob~heard P ' tatVe~desir-
sry b~d!ng (second floor)from an ne..: . a~ ca0} h~armg, and/or
~ccesso~ use as a g~a e t0 the ow ' P *!ring t° sgbm!t wntteo state.ems
ho~al 0ecu ado "g her s before the concinsinn 0f '
. p n off~ce w]tk fu 1 b~+k ~ each -heanng.
room after r -.,,- cacn near n w not s '
emoval of the as.built kitch- · ~ g . tart ~arl er ~an
en and co6king areas, nstead Bf d9s ~ated above. Fdes are ava ab ~ ~r
Sworn to before me this
~FFORSDAY, JANUARY 8, 2009,
. , PUBLIC~I~EARllNGS
NOTICE YS HEREB~ GIVEN, l~u~-
Towh Code Ch apt er ~80'(Zoiiing)iTS:~n:
of Sou~t hhld,¥:t he~ ftllowing ;publ
~ lugsxwlll t~eq~ejd'.
TOCZN ZONING B~D
PE~S at;the Town
Road, Er. Bog 1179, Sou~oldlz~w.
York 11971:09.$~,~g ~U RSDAYJ ~-
yariances:}dhc~n~g~is 12,760 s~u~e:,
ftot p~[ ~d[~S~cfion ~0-1~, bi, ed
on the Building ~fispbctor's July 24, 2008'
proposed seco~d~tdumddifion, and
terations t4 the ekist~g d~elllnk, wi~ a
] Cday of
1000-i17-9 5.2.
9:40 A.M. ANTHONY-and BARBA-
RA BONAGURA_ #6081. Request rot a
Special Exception under Zoning Code
Stet/on 280-13B for approval of an as-
built Accessory Apartment with owner-
occupancy ~n a single-fancily dwelling as
enla[ged with reeen{.dddi~ons 'ak 900
Ho brook Lane. 'Matt/tuck: CFM 113-
9:55 A.M. MICHA EL K. and THER-
~F~SE HUGH~_S #6236. Request for Vori-
ances under Sections 280-4 and 280-12,
based upon an application ~or abu, i dng
permit and th~ Building II~spector s Sep-
tember 2Z 2008 Notice of Disapproval
stating that the as-bulb mobde home is
not permitted for two reasons: ltg con-
stitutes a second dwelling unit, and 2!
it contains leS> than 850 square feet of
bving area. Location of Property: 9525
Main Road. Matffiuck: CTM 10~10-127
Principal Clerk
NOTARY PUItLIC.$TA'[8 OF NEW YORK
No, 01-VO6105050
lot-line change a~ he Bm drag Inspec- May 12 2008 Noted Bf D]s~g~hleh
tot s Notme of D~approvakcpgcgmtng a cern ng*~ prpp~se¢:~e~'a~~ ~,~ m ~
lesscontormingbyreducing tss~ekom m°lish~g me em~gbmlding/,a 2000
34,194 square fe~t to 30448 square%et Broadwateks ~&d, Cfitcho~ue: ~M
n total size. and conc&na~g'1000.3f- 104-9A2. -
8-13 at 730 Bay Avenue East Marion 1:30 EM. THOMAS G. and JOYCF
which lot wfi] become more conforrning
by thcreasmg its s/ze from 8,}40 square
feet [o 12.086 square feet.
10:30 A.M. ~ROBERT BERGAM.'!N~
#6241: Request for Variances under Sec-
tion 280-124. based on the Building In-
spectors October I7,2008 Notice of Dis-
approval concermng a proposed deck
addition at less than the code-reqmred
mimmum from yarn setback vf 35 leer
and lot.coverage exceeding me ctde
limitation bt ~0%~on this noncomorm-
thg +/- 131 here.lot,-at 4050 Camp Mine-
bin Road. Ma~titufik; CTM 123-5-20.
10:45 A.M. DONALD ZITQ #6233
Request Irt a Variance unoer Secgon
280-124 based on the Building Inspec-
tor s August 25 2008 Notice of Disap
nroval concerning all as-built outdoor
1185 B~ngalc-~ Lane. Mattituck: CTM
MOS~2OWIT~ #62~8.'Locatlon of~rop-
erty: 8Q Lakeside-Driv~ and Ce0ar Point
quest for'Var ances on th s 1~ 118 ~quore
foot lot. under-Zonlng Cod~ Sections
dwelling which is less t~an 10 feet on h per t t apphcation are: i) the proposed
I. MESSINA ~ 6223. Request for Vari-
ances under Section 280-116All L based
on the Building Inspector's September 2
2008 Notme of Disapproval concerning a
proposed accessory swm~mmg pool
spa at less than 10( feet from the top ri
the bank or bluff on a lot adjacent to the
Long Island Sound and with lot coverage
exceeding the code limitanon of 20% on
tins tmildable land area >f 15,253 square
feet. at 1690 The Strand, East Morton:
CTM 30 2-61.
1:50 EM. ~
#6237. Request for Variances.under See-
ttons 280-15C and 280-116A II. based
on /he Budding Inspector's October 8
2008 Notice m Disapproval concermng
a proposed dwelling, swimming pool,
trellis and accessory garage. The rea-
280-122 and 280-124, based on applica-
tmns tBr building permas and the Build-
mg Inspector's August 22.2008 Not/ce f
Disapproval cortcerlllrlg a pergola, fence
the top of the bluff Dr bank on o s adja-
cent to the L L Souhd: (2y~l/e in-ground
sw~nnmng pool is also proposed ~n a side
_ . ti5 Eb~_~e~-permitted
front yard n t/ih ea~e.o/k waterfront
lot. or code-permitte'd'r ehf~r d. (t3 Ynew
construct/on Is proposed at less thamthe
code-cequired minimum of 15 feet on a
smgle side yard. Location of Property
18805 Soundview Avenue Southold
2:1(/ EM. HENRY 'FRAE~DLY and
BARBARA CADWALLAD_ER L
r the Bulk Schedule for CTM Parcel
new, ~ the ,2008
m of 35: feet for 2008 COncerning a proposed,singi&~fami
o.~ear yard .set b~hk' and Which ~xceeds ly aweiling (after dem~li~io~ o~n e~i~t.
¢9 9gde;m~x~Um [k~tatlbn 0f 29% . Jug building) ~im a p[9~0~e~ single ~ide
' 10t 60ve?~g~; it1605 Old s¢ipy~d ~h~
~9~hOld ~64¢230' 7
':B~ g~~ combined ~ide y~& 0f 25 feet ~,e
afi~28 , ' . 2.~ 12. av13000Mam,R0ad East Mar '
0'!3~.Zg;:based on ~e Budding 31q4.1L on, CTM
!aspector's June 30 2008 No ce'of Dis- ~ ~le-B0ord of ApPehls W~i hear alt
approval 6oncerning an hpphdafi0n far a persons, ok their representative de
building pemit {6 alter the Use o - ' ' ~ ' Sir-
cessory building (second flood f~z-~ l~g t? be beard at each hearing, and/or
acc¢~so~useasa ara e otb , , W ttep sinte~ents
hofiin occ ' g · g - e o~ner s before tbe conclusion 0f each-he '
upat on office w~th, full bath- Each heari ' · anng
mom af er removal 0f the as-built kitch: designated above. Files ale ava labl& for
en and cotking areas, instead Df a home
office carried on tn the main building.
The proposed ch nge in use firm garage
to a home offic~ is not perimtted under
Code Section 280-13C.2a, which requires
a "hom~ occupation,, ir be incidtntal to
~he ?s!~e~t!al use~ q~ ~he Premises arid
earned on tn the main bu lding In addi-
tion, the~Buiiding haspecttr statei that
the existing living space with kitchen
(apartment) a~:built is not permitted um
der Section 280-t2, since the Code limits
each lo! to only one dwelling. Location
of Property! 30633 C.R. 48 (a/k/a Middle
Road or North Road), Peconic; C3'M
review during regular business hous
have.~te~!!9~s, please do not hesitate
to contact 6dP 0ffiee at (631) 765}1809,
or by e-maik Lindg. Kowalski@Town.
Southold.ny. us.
Dated! December 12, 2~08.
ZONING BOARD OFAPPEALS
GERARD R GOEHRINGER,
CHAIRMAN
BY L[NDA KOWALSKi
54375 Mum Road (Office Location)
53095 Main Road (Mading/USPS)
Er. Box 1179
Southold, NY 11971-0959
I~ONING 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, 1 st 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 al_J 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 addr(/ss as well. If any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arranqements were made in either a written
statement, or durin.q the hearinq, providin.q 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 street or roadway, an extra sign is available for the additional front yard. Please
deliver or mail your'Affidavit of Posting 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.
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME
MULVANEY& BRESLOFF #6228
MAP #
31-8-12.4 & 13
VARIANCE
UNDERSIZED LOT AREA
REQUEST
LOT LINE CHANGE
DATE: THURS, JAN. 8, 2009, 10:10 AM
If you ar.e interested in this project, you may review the file(s) prior to
the hear, ng during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
Office Location:
Town Annex/First Hoor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailine Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
TO:
FROM:
DATE:
BUBdEOT:
Planning Board
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
TOWN MEMO
Gerard P. Goehringer, Chairman
December 9, 2008
Request for Lot Line Change ZBA #6228 - Mulvaney & Bresloff
Our Department has received and is reviewing the following application, and enclose a
copy of the application with the surveyor site map. Your review and comments are
requested at this time regarding the subdivision regulations.
The file is available for review of additional documentation at your convenience.
NAME , TAX # / ZBA PLANS PREPARER
ZONE DATE
STAMPED
Diane Mulvaney & 31-8-12.4 6228 10-07-08 Peconic
Betty J. Bresloff & 13 Surveyors,
Your comments are appreciated by January 2, 2009.
Thank you.
Encls.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YOP, aK
In the Matter of the Application of
oi' Applicants)
CTM Parcel # 1000-
AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
York, being duly s~vom,'~,~ose~ ~ha~:
On th ~e~day of '~ e~,c,Wi/,,~ , gOOS, I personally ,trailed at the United Stales
Post Office in ~ ~- ~ ~t'o~ , New Yor~ by CERT~D MAIL, REiN RECENT
~Q~S~D, a tree copy of the a~ched Legal Notice in prepaid envelops address~ to
c~ent o~ers shown on the currant ~sessment roll verified from the official r~rds on file
~ file ( ) Assessors, or ( ) County Real Properly Office , for every
prope~y which abuts and is across a public or priv~:,e street, or vehicular righl-of-way of record
stt~ounding the applicant's pro~y. ;
Sworn to before me this
day 2000v'
(N tar~ public)
(Signature)
NO 52-4624771
~, .,, ~'.. -DINSUFFOLKCOUNTY
...... · , ~ ON EXPIREs NOV
PLEASE list, on tire 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.
q
County:
Use:
Card #:
Munic:
Township:
Owners:
Mail:
APN:
County:
Use:
Card #:
Munic:
Township:
Owners:
Mail:
Situ.s: 415 MARION LN, EAST ]~JI[RION NY 11939-1616 R001
I000-031-00-08-00~d;~8~000.., Rec/Sale Dr: 10/30/1987
SUFFOLK, NY - Sale Price:
RESIDENTIAL LOT Doc #: 10458-478
Map Pc: 31 1st Mtg $:
SOUTHOLD TOWN State Use: 311
Cnty Use:
BRAMFELD PAUL & JUDI:rH
106 PLYMOUTH DR N; GLEN HEAD NY 11545-1128 C002 (No Mail)
Situs: 600 BAY AVE, EAST MARION NY 11939 R001
1000-031-00-08-00-010-000 Rec/Sale Dt: 08/08/1994
SUFFOLK, NY Sale Price: $125,000
SFR Doc #: 11688-698
Map Pc: 31 1st Mtg $:
SOUTHOLD TOWN State Use: 210
Cnty Use:
FLECK JOAN MC C
42 E WILLISTON AVE; EAST WILLISTON NY 11596-1913 C011
07/20/1994
Total Value:
Land Value:
Imprv Value:
Prop Tax:
Lot Area:
Zoning:
Census:
Phone:
Total Value:
Land Value:
Imprv Value:
Prop Tax:
Lot Area:
Zoning:
Census:
Phone:
$1,200
$1,200
$862.11
31,363
R-40
1702.02 /./
$4,250
$500
$3,75O
$3,O53,27
11,326
R-40
1702,02
221 /
APN:
County:
Use:
Card #:
Munic:
Township:
Owners:
Mail:
Situs: 800 BAY AVE, EAST MARION NY 11939 R001
1000-031-00-08-00-014-000 Rec/Sale Dt: 08/09/1999 07129/1999
SUFFOLK, NY Sale Price: $39,000
RESIDENTIAL LOT Doc #: 11981-284
Map Pc: 31 1st Mtg $:
SOUTHOLD TOWN State Use: 311
Cnty Use:
GRAMS NICK
1680 BELL BLVD; BAYSIDE NY 11360-1640 C020
Total Value:
Land Value:
Imprv Value:
Prop Tax:
Lot Area:
Zoning:
Census:
Phone:
$9O0
$9O0
$646.58
25,700
R-40
1702.02
25)
APN:
County:
Use:
Card #:
Munic:
Township:
Owners:
Mail:
Situs: 980 BAY AVE, EAST MARION NY 11939-1562 R001
1000-031-00-08-00-015-000
SUFFOLK, NY
SFR
Map Pc: 31
SOUTHOLD TOWN
SPICIARICH JOHN & ORS
Rec/Sale Dt: 08/07/2000
Sale Price: $48,000
Doc #: 12061-114
1st Mtg $:
State Use: 210
Cnty Use:
980 BAY AVE; EAST MARION NY 11939-1562 R001
06~26~2000
Total Value:
Land Value:
Imprv Value:
Prop Tax:
Lot Area:
Zoning:
Census:
Phone:
$9,100
$700
$8,4OO
$6,249.96
16,117
R-40
1702.02
Win2Data® Page: I of 2
Situs: 220 MARION LN, 3N NY 11939-1565 R001
APN: 10lj0-031-00-08-00-011-001 Rec/Sale Dt: 07~24~2002 07/11/2002 Total Value: $5,000
County: SUFFOLK, NY Sale Price: $289,500 Land Value: $1,000
Use: SFR Doc #: 12199-70 Imprv Value: $4,000
Card #: Map Pg: 31 1st Mtg $: $231,600 Prop Tax: $3,592.12
Munic: SOUTHOLD TOWN State Use: 210 Lot Area: 21,344
Township: Cnty Use: Zoning: R-40
Owners: CAVANAGELJOSEPH D & VALERIE .... Census: 1702.02 ~ ~ ,~,~ ,,
Mail: ,~SSAU POINT RD; CUTCHOGUE NY 11935-2671 R00~ Phone:
APN: 1000-031-00-08-00-012-008 Rec/Sale Dt: 11/08/2002 10/28/2002 Total Value: $100
County: SUFFOLK, NY Sale Price: $470,000 Land Value: $100
Use: PUBLIC (NEC) Doc #: 12219-8 Imprv Value:
Card #: Map Pg: 31 1st Mtg $: $282,000 Prop Tax: $71.84
Munic: SOUTHOLD TOWN State Use: 692 Lot Area: 36,590
Township: Cnty Use: Zoning: R-40
Owners: MARION ROAD ASSOCIATION I Census: 1702.02
Phone:
Mail:
275 MARION PL; EAST MARION NY 11939-1617 R001 CIO CHRISTINE BOHOSLAWEC
28)
APN:
County:
Use:
Card #:
Munic:
Township:
Owners:
Mail:
29)
APN:
County:
Use:
Card #:
Munic:
Township:
Owners:
Mail:
Situs: 275 MARION PL, EAST MARION NY 11939-1617 R001
1000-031-00-08-00-012-007
SUFFOLK, NY
SFR
Map Pg: 31
SOUTHOLD TOWN
Rec/Sale Dt: 1010112003 09/18/2003 Total Value: $5,600
Sale Price: $410,000 Land Value: $1,200
Doc #: 12275-321 Imprv Value: $4,400
1st Mtg $: $322,700 Prop Tax: $3,735.50
State Use: 210 Lot Area: 37,462
Cnty Use: Zoning: R-40
Census: 1702.02
Phone:
BOHOSLAWEC ROMAN G & CHRISTINE M
275 MARION PL; EAST MARION NY 11939-1617 R001
Situs: 350 MARION LN, EAST MARION NY 11939-1568 R001
1000-031-00-08-00-030-000
SUFFOLK, NY
SFR
Map Pg: 31
SOUTHOLD TOWN
SEEORIENT LLC
Rec/Sale Dt: 1112412003
Sale Price: $350,000
Doc #: 12285-809
1st Mtg $:
State Use: 210
Cnty Use:
3955 PARKVlEW LN; ORIENT NY 11957-1382 R001
10/08/2003 Total Value: $5,800
Land Value: $1,100
Imprv Value: $4,700
Prop Tax: $4,166.82
Lot Area: 21,344
Zoning: R-40
Census: 1702.02
Phone:
Win2Data® Page: 2 of 2
APN:
County:
Use:
Card #:
Munic:
Township:
Owners:
Mail:
~lSitus: 765 BAY AVE, EAST MA~N NY 11939 R001
1000-031-00-10-00-014-000
SUFFOLK, NY
CABIN
Map Pg: 31
SOUTHOLD TOWN
SARRIS ALEXANDER G & MARGO E
Rec/Sale Dt:
Sale Price:
Doc #:
1st Mtg $:
State Use:
Cnty Use:
765 BAY AVE; EAST MARION NY 11939 R001
1-65
417
Total Value:
Land Value:
Imprv Value:
Prop Tax:
Lot Area:
Zoning:
Census:
Phone:
$11,800
$1,000
$10,800
$8,477.32
40,075
R-40
1702.02
631/477-0435
Win2Data® Page: 1 of 1
USE
$2.20 H~
$5.32 1~22J20~
rtl
co Peerage
USE
~.~
~.70
$2.20
USE.
· ),~2 IXX)2
~2.70 06 ~
Here
$2.20 [i~, 2 ~
m
113~0 IL,
m
cO ~3stage
$ ~).~2
~2,'70
$2.20
~0.00
$ $0.~2
$2.70
$2,20
15
01/07/2009
Street, Apt. NO.;
~[~~~~ ~ ~ [.o:.~...~5~.::._y.~..~.~....~.~..._~.~.._2.~...J
m
' · Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
· Print your name and address on the reveme
so that we can return the card to you.
· Attach this card to the back of the mallplane,
A. Signature
X [] Addressee
B. Rec=elvedby(P~fntedNalrle) C. Dateof Delivery.
D. aidallve~addressdiffemntfmmlteml? DYes
If YES, eater dailvefy address below: [] No
[] Express Mall
[] Retum Receipt for Merchandise
[] C.O.D.
4. Rest~cted Daih~y? fF-x~ ~e) OY~
2. /~::le Number
~-~,,~-~m~ 7003 3110 0001 ~;550 1326
¢ PS Fo~ 3811, Febm~ 2 . ~m ~
· Complete items 1, 2, and 3. Also complete
' item 4 if. Restricted Dellvmy 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.
2. Article Number
(rrarsfer from serv/ce
PS Form 3811, February 2004
[] Agent
B. Received by ( Printed Name) ~ of Dailve~
D. Isdaiive~addmssdlffemoff~omiteml? []Yes
BYES, enter deli~s~y address below: [] No
~Ce~tifled Mall 0 Express M~I
[] Insured Mall [] C.O.D.
4. Rest~cted DO~k~7? ~ ~e) [] Yes
7003 3110 0001 8550 1364
Domestic Retum Receipt
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the mverso
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space petrnlts.
1. ~ticle/~ldressed to:
· Complete items 1,2, and 3. Also complete Signat~um
item 4 ff Restricted Delivery is desired,
· Print your name and address on the reverse
so that we can return the card to you. B. Received by (I
· Attach this card to the back of the mallplese,
or on the front if space permits.
is deliver/addms~ different from it~n 17 [~o
If YES, enter dellve~ address below:
~M~ a r=xpre~ Mai
[] Return Receipt for Memhandlse
I-I insured Mail 0 C.O.D.
4. Res~tcted Doliveq~ (EX~a Fee~ ,:
2. ~-ticle Number
7~03 3t10 0001'8550
· Complete items 1, 2, and 3. Nan comple~
item 4 if Restricted Delivery is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· Attach this cad to the back of the mallpleca,
or on the front if space parmlts;
1.
r'l Agent
[] Addressee
Date of Delive~
[]Yes
[] No
M~I
[] Registered etum Receipt for Memhandlee
r-1 Insured Mail [] C.O.D.
Restricted Daiive~ (Exa~ Fee) [] Yes
7003 3110 0001 8550 1418
PS Form 3811, Febmar'J 2004
Domestic Return Receipt
·
permlt~
[] Insured Iv~JI r=l C.O,D.
2, Artk~ Numbe~
PS Fo._~ 3811, February 2004
7003 3110 0001 8550 1357
· Complete itmTm 1, 2. and 3. Nco ~3mP~
Item 4 if Re~1~cl Delivery I~ deelrecl.
· Pdnt your rmme and addr¢~ on t~e reveme
so Unat we ten rmum t~e ~rcl to you.
(transfer from sen4ce/abeO
PS Form 3811, February 2004
700a sSo ooos
· Complete items 1, 2 and 3. Also complete
item 4 if Restricted Delivery is de, ired.
· print your name and address on the reveme
so that we can tatum the c, ard to you-
· Attach this card to the back of the maJlplece,
or on the front if space permit&
1. Article N~dressed to: ~ .~ j~
address dlflem~ from Item 17 OYes
if yES, ent~ delNe~/addr~s below. [] No
I~ r=xp~ ~
R .etum Rec~pt fix' Merchandise
LO.D.
4. Rest~cted ~ (Extra Fee) DYes
2. Ntlcle Numbe~
(transit #om sen4ce/abe0
PS Form 3811, February 2004
7003 3110 0001
0550 1265
· Complete items 1, 2, and 3. Also complete
item 4 ff Restricted Delivery Is desired.
· print your name and address on the reverse
or on the front ff space permits.
1. ~x31e Addreseed to:
A,~deN~,~ 7003 3110 0001 6550 1333
PS Fo~ 3811, Febm~ 20~ ~ ~ ~
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Apphcation of
/
(Name of AJ0pl[cants)
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000-
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
_, New '~ ork, bbing duly sworn, depose and say that:
On the tT~ 4x day of b P~C4q/~- .. ;2/6 o 8, 1 personally placed the Town's official
Poster, with the date of hearing and nature of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or right~of-way (driveway entrance) -
facing the street or facing each street or fight-of-way entrance;* and that
1 hereby confim~ that the Poster has remained in place foLseven days prior to th'~t date of
the subject hearing date, which hearing date was shown to be "~ 6c4~, ~ 2.~0 ~ .
Sworn to befoff me tiffs
dY day°f'~~c-. ,200ff~,
· '- (Notary Pu'g'lic)
(Signature)
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
35
MAIN
MARION LAKE
HARION LAKE