HomeMy WebLinkAbout6528
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard E Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809o Fax (631) 765-9064
MEETING OF JANUARY 19, 2012 $OUthOl' d Teawn Clerk--
ZBA FILE: 6528
NAME OF APPLICANT: Melanie M., Marianne, Michael Selwyn, as tenants in common and Jane Golden
PROPERTY LOCATION: 200 and I50 Three Water Lane, Orient, NY SCTM#1000-15-6-28 & 29
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.
LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review under Chapter 268.
PROPERTY FACTS/DESCRIPTION: Subject parcel 28 is vacant and contains 12,803 sq. ft. It has I00.00 feet
along Three Waters Lane., 127.42 feet along the north property line, 100.00 feet along the east property line and
128.64 feet along the south property line. Subject parcel 29 contains 12,924 sq. ft. it is improved with a two- story
dwelling. It has 100.00 feet along Three Waters Lane, 128.64 feet along the north property line, 100.01 feet along
the east property line and 129.85 along the south property line as shown on the survey dated November 17, 2011,
revision dated November 21,2011 (revisions), prepared by Peconic Surveyors and John T. Metzger, L.S.
BASIS OF APPLICATION: Request for Variance under Article IV Section 280-18 and the Building Inspector's
May 24, 2011, updated November 22, 2011 Notice of Disapproval based on an application for building permit for a
subdivision, at: Proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the
code required lot width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet; Proposed Lot 2;
1) at less than the code required minimum lot size of 40,000 sq. fi., 2) less than the code required lot width of 150
linear ft., 3) less than the code required lot depth of 175 linear feet.
RELIEF REQUESTED: The applicant proposes to subdivide the two parcels located in a R-40 zone. Proposed
Parcel 1 (Lot 28) contains 12,803 sq. ft. where the code requires 40,000 sq. ft., lot width of 100.00 where the code
requires 150 linear feet and lot depth of 128.64 feet where the code requires 175 linear feet. Proposed Parcel 2 (Lot
29) contains 12,924 sq. fi. where the code requires 40,000 sq. ft., lot width of 100.00 where the code requires 150
linear feet and lot depth of 129.85 feet where the code requires 175 linear feet.
ADDITIONAL INFORMATION: The Zoning Board requested comments from the Planning Board. In a Memo
dated January 4, 2012, the Planning Board stated that it has no objection to the variances requested.
Page 2 of 3 - Jarluary 19, 2012
ZBA File#6528 - Selwyn/Golden
CTM: 1000-15-6-28 & 29
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on January 5, 2012 at which time written
and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property
and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law §267-b(3)(b)(l). Grant of the variance(s) will not produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. Subject parcels are shown on an approved subdivision
map, entitled "Orient-By-the-Sea, Section One" dated I957 as lots 6 and 7. They have continuously existed in the
same configuration as originally created and are of similar size to many parcels in this neighborhood.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The parcels where purchased in 1961 by the same owners.
In 1983, due to a code change, the parcels were considered merged, unbeknownst to the owners. In I993, Parcel
29 was sold to an unrelated person. In 2000, Parcel 28 was also sold and the new property owners applied for a
building permit, which was when the merger was discovered. According to Sonthold Town Merger code, once a
merged property is transferred to an unrelated person, it is not eligible for a waiver of merger. Therefore the only
method feasible for the applicants to pursue is a subdivision of the merged parcels to reflect their original property
lines.
3. Town Law §267-b(3)(b)(3). The variance(s) granted herein are mathematically substantial, representing 68%
relief from the code for lot area, 33% relief from the code for lot width and 26% relief from the code for lot depth.
However, the substantiality is mitigated by the subject lots pre-existing on an approved sub-division map, many of
the lots are of similar size and area, and all but two lots in this neighborhood are improved.
4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
subdivision is virtually built out and one additional dwelling will not appreciably increase the density of the
neighborhood. Moreover, the property owner will have to maintain on site drainage per Town code.
5. Town Law §267-b{3)(b)(5). The difficulty has not been self-created. The applicant's were unaware that the
lots became merged during the previous owner's ownership.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of creating a two-lot subdivision while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and
duly carried, to
GRANT~ the variances as applied for, and shown on the survey dated November 17, 2011, revision dated
November 21,2011 (revisions), prepared by Peconic Surveyors and John T. Metzger, L.S.
Any deviation from the survey, site plan and/or amhitectural drawings cited in this decision will result in delays and/or a
possible denial by the Building Department of a building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above,
such as alterations, extensions, or demolitions, 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 oflhe subject
Page 3 of 3 - January 19, 2012
ZBA Fi1¢#6528 - Selwyn/Goldcn
CTM: 1000-15-6-28 & 29
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 lVeisman (Chairpersonj, Goehringer, Schneider, Dinizio, Homing.
This Resolution was duly adopted (5-0).
Leslie~r~ ~'~I~ ma~ne!Weis 'rhan' Ch:irperson
Approved forfiling / /~90 /2012
;INAL MAP
REVIEWED BY ZBA
~EE DECISION # ~
DATED Ot I/
$. 88'57'40, E.
LOT
127.42'
LOT
SCTM# 1000-15-06-28
AREA -- 12t805 sq, fl,
N. 88°57'~t0' W.
128. 6~t'
S. 88'57'40; ~.'
............ i C~
£ $TY.
\/ U~
FR. HOUSE
LOT
SCTM# 1000-15~06-29
AREA
N. 8B'57'40" W.
129.85'
LOT (~
MAP OF PROPERTIES
AT
ORIENT POINT
TO WN OF SOUTHOLD
SUFFOLK COUNTY, N Y.
1000 - 15 - 06 - 28 & 29
Sca/e: 1" = 30'
Nov. 17, 2011
NOV. ZI, BOIl (REVISION]
LOT NUMBERS ARE REFERENCED TO "MAP OF ORIENT BY THE
SEA" FILED IN THE OFFICE OF THE SUFFOLK COUNTY CLERK
· ON NOVEMBER 21, 1957 AS MAI= NO. 2777
PECONIC
(631) 765 - 765 - 1797
?.0. BOX 909
12JO TRAVELER STREET
SOUTNOLDt N.Y. 1197! 09-/ ~3
Pat Moore for
M Selwyn
51020 Main Road
Southold, NY 11971
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
RECEIVED
NOV 2 8 S011
BOARD OF APPEALS
DATE: May 24, 2011
Updated: November 22, 2011
Please take notice that your application dated April 21,2011
For permit for a subdivision at
Location of property 200 Three Waters Lane, Orient, NY
County Tax Map No. 1000 - Section 15
Block~6 Lot 28 & 29(merged)
Is returned herewith and disapproved on the following grounds:
The proposed subdivision in the R40 Zone is not permitted pursuant to Article IV Section 280-1
which states:
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low Density R40 District unless the same conforms to the requirements of the
Bulk Schedule and Parking Schedule, with the same force and effect as if such regulations
were set forth herein in full."
Minimum lot size required in the R40 District, according to the bulk schedule is 40,000 sq.ft.
Following the proposed subdivision, each lot will be nonconforming; lot #1 measuring 12,803
sq. ft. and lot #2 measuring 12,924 sq. ft.
In the R40 Zone, the required lot width is 150 linear ft.
The proposed lot width of lot #1 is 100' and lot #2 is 100'
In the R40 Zone, the required lot depth is 175 linear ft.
The proposed lot depth of lot #1 is 128.64' and lot #2 is 129.85 t
Authorized Signature
Based upon survey dated Nov. 21,2011
~ECEZVED
NOV 20 1
~OARD OF APPEAL~
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
House No. 200 Street Three Waters Lane Hamlet Orient
SCTM 1000 Section 1_~5 BIock_.~_6 Lot(s) 28 Lot Size 12,925 sq.ft. Zone R-40
SCTM 1000 Section 15 Block 6 Lot 29 Lot size 12,803 sq.ft.
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED 5/24/11 and updated 11/22/11 BASED ON MAP of Peconic Surveyors, 11/21/11
Applicant(s)/Owner(s): Melanie M. Selwyn~ Marianne Selwyn and Michael Selwyn, as tenants in
common (Owner of Lot 28) vacant lot - 200 Three Waters Lane, Orient
Jane Golden (owner of Lot 29) House - 150 Three Waters Lane, Orient
Mailing Address: c/o Patricia Moore 51020 Main Road, Southold NY 11971
Telephone: c/o Pat Moore 765-4330 Fax #: Email:
pcmoore l(~optonline.net
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:
Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other:
Agents Address: 51020 Main Road, Southold NY 11971
Telephone 765-4330 Fax #: 765-4643 Email: _pcmoorel~optonline. net
Please check to specify who you wish correspondence to be mailed to, from the above names:
y Applicant/Owner(s), or X Authorized Representative, or y Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED VanTul¥
1992 & Corwin 12/23/09 and DENIED AN APPLICATION DATED April 21, 2011 FOR:
X Building Permit
y Certificate of Occupancy y Pre-Certificate of Occupancy
y Change of Use
y Permit for As-Built Construction
yOther:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Lot number 6 and 7 on Orient By the Sea Section One.
Article IV Section 280-18: area variances to create undersized lot
Type of Appeal. An Appeal is made for:
X 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, X has not been made at any time with respect to this property,
UNDER_(Please be sure to research before completing this question or call our office for assistance.)
Name of Owner: Selwyn & Golden (owners)
ZBA File #
REASONS FOR APPEAL (additional sheets may be used with preparer's signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment
to nearby properties if granted, because:
The parcels are owned by different families. The properties appear on the subdivision map of Orient-By-
The-Sea Section One map and the house was developed conforming to the setbacks for one lot in the
subdivision. The parcels have been single and separate since Costa sold the house to Eberhardt and
retained the los
The area variances which will enable the lots to be re-subdivided will maintain the original lot lines of the
two parcels established by the Planning Board when the Orient-By-the-Sea map was filed The property
lines remain in tact from their creation to the present time.
Approval of the requested variances would recognize a lot consistent with the size of lots in this area.
(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:
In 2002 Helen Sakatos (Appeal 512,1) received a waiver of merger for identical lots in Orient-By-The Sea,
directly across from the subject parcels. However, the waiver of merger law changed and this expedited
re-subdivision of merged parcels is not available to the applicants. The waiver which occurred between
1983 and 1993 was not discovered by the building department and the separate parcels were transferred
to unrelated people.
(3) The amount of relief requested is not substantial because:
The parcels have remained in their present size, are separately owned and are separately developed in
accordance with the setback regulations applicable to Orient-By-The-Sea map.
The house is centrally placed on Tax Lot 29 and the applicant's contract vendee has received HD approval
to build a house on Tax Lot 28. Both homes conform to zoning setbacks of the lots in the filed subdivision.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because: The lot is not on the water and has no environmental restraints.
(5) Has the alleged difficulty been self-created? ( )Yes, or (X)No
applicant's ownership.
Are there Covenants and Restrictions concerning this land: ~No.
Private C&R's not applicable4ma~ir
The merger occurred prior to the
Yes {nlease furnish cony). ~
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.)
Signature of Appellant or Authorized Agent
Sworn to~b,efore me this~~i~' (Agent must submit wriUen Authorization from Owner)
day~, 20
BE'I'~Y A. PERKINS
Notary Public, State of New Yo~
No. 01 PE$1:306:36
Oualified in Suffolk Courdy'-~ II
Commission Expires July 18,...i~.,~
AREA VARIANCES ~OARD OF AppEA ,
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
(continued)
The Zoning Board of Appeals granted a waiver of merger to Helen Sakatos a/k/a Eleni Sakatos
(1000-15-7-8 & 12), Appeal #5124 June 20, 2002, two lots located in the Orient-By-The-Sea
Subdivision, Lot number 147 and 42. The Sakatos parcel (Lot #42) is identical to and directly
across from the Selwyn parcels (Lot 7 and Lot 6) on Three Waters Lane. A copy of the Helen
Sakatos decision is herein attached.
As with the Selwyn waiver of merger, Mr. And Mrs. Sakatos purchased two contiguous parcels
and because of common ownership the parcels merged. Unlike the Selwyn case, the lots
remained in the Sakatos title when the merger was discovered and the waiver of merger
application was made. In the Selwyn case, the merger occurred with Costa's ownership between
1983 and 1993, prior to the Selwyn family purchasing either property. The parcels were
transferred multiple times and presents an even more compelling case for the grant of area
variances.
If Mrs. Costa, as surviving widow, had learned of the merger at any time she was the common
owner, and sought the application to waive merger, given the Board's findings in the Sakatos
appeal, such an application would have been granted.
In Sakatos decision the Board unanimously found that
4. In considering this application, the Board believes that the "original lot lines" of the
two lots was established by agency approvals under filing of the Map of Orient-By-The-
Sea. All of the property lines remained intact from their creation to the present.
5. Many lots in the neighborhood are developed with single-family residences on lots
similar in size to CTM lots 8 and 12. Grant of a Waiver of Merger would recognize a lot
consistent with the size of lots in this area.
The Selwyn parcels, as were the Sakatos parcels, are lots appearing on filed map, in a well
established subdivision, and not adjacent to environmentally sensitive parcels (i.e. waterfront).
In equity, the Town issued a building permit with the setbacks applicable to a separate parcel on
a filed map. The vacant lot has received approvals to construct a house from the Health
Department. A house is proposed conforming to the zoning regulations.
We respectfully request that the variances be granted to permit this property to be developed.
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: Selwyn
Date Prepared: November 22, 2011
I. For Demolition of Existing Building Areas
Please describe areas being removed: n/a
RECEIVED
NOV g 8 201I
BOARD OF APPEALs
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension- n/a
Dimensions of new second floor- n/a
Dimensions of floor above second levcl:n/a
Height (from finished ground to top of ridge):n/a
Is basement or lowest floor area being constructed n/a
If yes, please provide height (above ground)
measured from natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes )
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: n/a
Number of Floors and Changes WITH Alterations: n/a
IV. Calculations of building areas and lot coverage (from surveyor): see below detail
Proposed increase of building coverage: .sq.ft.
Square footage of your lot: Percentage of coverage of your lot by building area:
%
Area Variances: Proposed subdivision of two existing lots
Lot 1:1000-15-6-28 also known as Lot 7 on Map of Orient By The Sea filed 11/21/57
Lot size: 12,803 sq.ft. 100' x 128.64' with a proposed house as shown on survey prepared by
Nate Corwin III dated 12/23/2009 and subdivision map by Peconie Surveyors, PC dated
November 17, 2011, last revised November 21, 2011
Lot 2:1000-15-6-29 also known as Lot 6 on Map of Orient By The Sea filed 11/21/57
Lot size: 12,924 sq.ft. 100' x 129.85' with an existing house issued C.O. z-24723 on October
28, 1996 and as shown on a survey prepared by VanTuyl 10/26/92 and subdivision map by
Peconic Surveyors, PC, dated November 17, 2011, last revised November 21, 2011
V. Purpose of New Construction Requested: re-subdivide merged lots
VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s): _
Please submit seven (7) photos, labeled to show all yard areas of proposed construction after
staking comers for new construction), or photos of existing building area to be altered with yard
view.7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
Is h~ subject premises listed on the real estate market for sale?
./x Yes No
Are Jchere any proposals to change or alter land contours?
X No Yes please explain on attached sheet.
~ECEI'V£D
h'O 2 8 2011
~OARD OF APPEALS
1.) Are there areas that contain sand or wetland grasses? K)~
2.) Are those areas shown on the survey submitted with this application? ~ \ ~ '
3.) Is the property bulk headed between the wetlands area and the upland building
area?
4.) If your property contains wetlands or pond areas, have '~ou contacted the Office of
the Town trustees for its determination of jurisdiction? tx'3'/~ Please confirm status
of your inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved survey.
Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? ~'~
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? ~,3~ Please show area of the
structures on a diagram if any exist or state none on the above line.
Do you have any construction taking place at this time concerning your premises? k,J C')' If
yes, please submit a copy of your building permit and survey as approved by the Building
Department and please describe:
Please attach all pre-certificates of occupancy and certificates of occupancy for the subject
premises. If any are lacking, please apply to the Building Department to either obtain them
or to obtain an Amended Notice of Disapproval.
L
Do you or any co-owner also own other land adjoining or close to this parcel? ~[k}~ --
If yes, please label the proximity of your lands on your survey. ~-~ ~- ~>~ I..O'1%
.Please list present useq~ operations conducted at this parcelx/O~t rn ~c,~ ~ ~'O,,x ~.o-
~,-otxett ~ r~4-h~.r-:~,) andtheproposeduse~u'tY~,~r/~, ,C~'r'rn i& ~r'O~
-~'x~ "~ ~t_C ~ ~ ~r- k. ~..~'"~- ' . (ex: existing sing~amily, proposed: same with
garag"~,'pool or other)
Aut~ nze~'signature and Date
1~.16.4 (9/~5)--Text 12
PROJECT LC. NUMEER ~
s17.2o SEQR
Appendix C J~OARD OFAPPEA[$
Stata Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTEO ACTIONS Only
.PART (--PROJECT INFORMATION (TO be completed by Applicant or Project sponsor)
6. DESCRIBE PROJE~ BRIEFLY:
10. DOES ACC'ION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL,
STATE OR LOCAL~?
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAI, JO PERMIT OR AFl'ReVAL? [] Yes ~No If yes, list agency name and permit/approval
,2. ~ ^ nES~L? OF F.O.OSED ^eT,ON ~.L~ ~X~S~.~- FERMIT, A~F.OV^. BECU,nE MO~.~O.?
If the action Is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
)ART U--ENVIRONMENTAL ASSESSMENT (To De completed by Agency)
WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6') It NC. a negatwe caesural,on
NlOV 2 8 2~
8OA~D OF APPEALS
D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABMSHMENT OF A CEA?
E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVfRONMENTAL IMPACTS?
[~ Yes [] NO If Yes, explain briefly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency}
INSTRUCTIONS: For each adverse effect identified above, determine whether it Ls substantial, large, important or otherwise signilicant.
Each effect should be assessed in connection with ifs (al sailing (i.e. urban or rural}; (b) probability of occurring; (c) duration; (d)
irrever$ibility; (el geograpRic scope; and (fl magnitude. If neceasa~', add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and acleguately addreasecl.
queslion D of Part II was chect(ed yes, the determination and significance must evaluate the potential impact of the proDosed action
on the environmental characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse irff¢,acts which MAY
occur. Then proceed directly to the FULL FAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attactiments as necessary, the reasons supporting this determination:
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
~ECEZVED
'ov
~OARD OF APPEALS
WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500 feet of a farm operation located in agricultural distric£ Ail applications requiring an agricultural data
statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
1) Name of Applicant: ,~ ~ (. ~.D -~ ~
2) Address ofApplicant: CI ~ ~9, t,.Jl~ C~L~fr3_ ,--~ IC~,:~C~ ~'~r~t,~ ~'~[
3 ) Name of Land Owner (if o~ther than applicant):
4) Address of Land Owner:
5) DescriptionofProposed.Proj,ect:~foGoXct~ ,~,.~-,c~'~,c.~'oB O~ -L~ I%+~ Llt~,~,.X~iv, de
6) Lodaiio~ ~rope~ (road an'd t~x map number):,~ ~- ~ C~ ~l C:~ ~
7) ls the parcel within an agricultural district?~o UYes lfyes, Agricult~al District Number
8) Is this parcel actively farmed? [~,tXfo I-lyes
9) Name and address of any owner(s) of land within the agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through
the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall
locations by viewing the parcel numbers on the Town of Southold Real Property Tax System.
Name and Address
1.
3.
4.
(Please use back side of page if more than six property owners are identified.)
The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at
765:.~~d~....~,~ ~ of Appeals at 765-1809.
~Signature of Applicant Date
Note:
1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action
on their farm operation. Solicitation will be made by supplying a copy of this statement.
2. Comments returned to the local board will be taken into consideration as part &the overall review of this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners
identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at
such time means the application is not complete and cannot be acted upon by the board.
1-14-09
~ECE/VED
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
NOV 8 201I
BOARD OF APPEALs
The Town of Southold's Code of Ethics prohibits 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 possible conflicts of interest and allow it to take whatever action is necessa~ to avoid
same.
YOURNAME:
Melanie M. Selwvn, Marianne Selw~n and Michael Selwyn
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Special Exception
Othfr Activity:
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
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? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of(or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares.
YES NO X
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) 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
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
~ECEIVED
BOARD OF APPEALS
~ Town of Southold's Code of Ethics orohiblt s conflicts of interes~ on the oar~ of town officers and cmolovees. Tha ouroosc of
this form is to orovide information which can alert the town of oossible conflicts of interest and allow it to lake whatever action is
YOURNAME: Golden, Jane F.
(Last name, firs~ name, middle initial, unless you are applying in the name of
someone else or other enti~, such as a company. If so. indicate the other
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variaac~ ~ Trustee
Change of Zone Coasto~ Erosion
Approval of plat Mooring
Exemption from plat or official map Planning X
Other
([f"Othe~", 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 $outhold? "Relationship" includes by blood, marriage, or business interest "Business interest" means a business,
in¢leding a partne~hlp, in which the town officer or employee has even a p~rtlal ownership of(or employment by) a corporation
in which the town officer or employee owns more than 5% of the shares.
YES NO X
if you ansv~red "YES", complete the balance of Ihls form and date and sign where indicted.
Name of person employed by the Town of Soathold
Title or position &that person
l)cscribe the relationship bo~cen yourself (the applicant/agentl~presentetlve) and the town officer or employe~, tlitber check
the appropriate line A) through D) nod/or describe 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 gre~ter than 5% of the shares of the eoq~orate stock of the applicant
(when the applicant is a corporation):
__B) thc leg, a! or beneficial owner nfany interest in a non-corporate entity (when the
applicant is not a corporation);
C) an officer, dtteetor, parmer, or employee of the applicant: or
D)tbe actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS 1
Submitted this I t~daY of ~ 2011
Signature . ~ .M~vJ~ ./~'~/L{~
PrntName Jane ~ t~n!de-n ~'~~''~-¢'~ s' !
t~
Submitted day o f/'~P~
Signature. ~--~-~.
Print N'all~.' ~ ff~'r--~.
RECEIVED
NOV ~ 8 ~011
8OARD OF APPEALS
At
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
INSTRUCTIONS
'OV 8 201I
80ARD OF APPEAL~
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law.
This assessment is intended to supplement other information used by a Town of Southold agency
in making a determination of consistency. *Except minor exempt actions including Building
Permits and other ministerial permits not located within the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold
Local Waterfront 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 necessary, modified prior to making
a determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
(southoldtown.no]thfork.net), the Board of Trustees Office, the Planning Department, all local libraries and
the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# area variances: reestablish lot merged between 1983-1993
1000-15-6-28 & 1000-15-6-29
AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971
The Application has been submitted to (check appropriate response):
Town Board [] Planning Dept. [] Building Dept. []
Board of Trustees [] Zoning Board of Appeals F1
Category of Town of Southold agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e.g. capital construction, planning
activity, agency regulation, land transaction) []
(b) Financial assistance (e.g. grant, loan, subsidy) []
(c) Permit, approval, license, certification: [] Type: __
Town of Southold LWRP
Consistency Assessment Form 1
sq.ft.)
Nature and extent of action: area variances
Location of action: Three Waters Lane, Orient
~'OV 2 8 201~
~OARD OF APPEALS
Site acreage: Lot on Tax Lot 28 (12,925 sq.ft.) from House on Tax Lot 29 (12,925
Present land use: vacant residential and house on separate parcel- merger
occurred between 1983 and 1993, presently owned by separate individuals - area
variances
Present zoning classification: 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 ofapplicant:_(1000-15-6-29)House- Jane Gordon and
(1000-15-6-28) Lot- Melanie M. Selwvn, Marianne Selwyn and
Michael Selwyn, as tenants in common
(b) Mailing address: c/o Pat 51020 Main Road, Southold NY 11971
(c) Telephone number: c/o Pat Moore 765-4330__
(d) Application number, if any: __
Will the action be directly undertaken, require funding, or approval by a state or federal
agency? Yes [] No X 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 Ili - Policies; Page 2for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): Orient-By-The-Sea, Section One. Original owners
(Costas) who purchased from the developers in 1961 owned two parcels. The
parcels were sold to different owners at different times. House built in 1993 by
owner Eberhardt and presently owned by Jane Gordon. Vacant lot is owned by
Melanie M. Selwyn, Marianne Selwyn and Michael Selwyn, as tenants in common.
The period of common ownership occurred by original owners (Costas) between
1983 and 1993). Area variances and re-subdivision required
Town of Southold LWRP
Consistency Assessment Form 2
RECEWED
NOV ~,
BOARD OF APPEAL~
Policy 2. Protect and preserve historic and archaeological resources of the
Town Of Southold. See LWRP Section III- Policies Pages 3 through 6for evaluation criteria
Yes [] No [] Not Applicable []
Discussion (if appropriate): no historical archeological resources
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria
Yes [] No [] Not Applicable []
Discussion (if appropriate); no change- property lines are not discernable
NATURAL COAST POLICIES
Policy4. Minimize loss of life, structures, and natural resources from flooding and erosion.
See LWRP Section III - Policies Pages 8 through 16for evaluation criteria
Yes [] No [] Not Applicable []
Discussion (if appropriate): no flooding experienced
Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP
Section III- Policies Pages 16 through 21for evaluation criteria
Yes [] No [] Not Applicable []
Discussion (if appropriate)-' Health Department approved subdivision
Policy 6. Protect and restore the quality and function of the Town of Southold ecoaystems
including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section II1 -
Policies; Pages 22 through 32for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate) Not adjacent to waterfront
Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section Ill -
Policies Pages 32 through 34for evaluation criteria. See Section III- Policies Pages; 34
through 38for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): no air quality issues
Town of Southold LWRP
Consistency Assessment Form 3
~ECEI'VED
Policy 8. Minimize environmental degradation in Town of Southold from solic~vg~{~ It~dAppF. ALS ~
hazardous substances and wastes. See L WRP Section II1 -Policies; Pages 34 through 38for
evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): existing lots with separate tax lot numbers and believed by
the Town (for zoning density calculations) and owners to be separate parcels.
Application to re-subdivide parcels which merged during a period of common
ownership 0983 to 1993)
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 L WRP Section III- Policies; Pages 38
through 46for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriatc): not waterfront parcels
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new
water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through
56for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): not waterfront parcel
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters. See LWRP Section Ill - Policies; Pages 57 through 62for
evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (ifappropriatc): dry parcel
Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section II! -
Policies; Pages 62 through 65for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): not in agricultural use
Town of Soulhold LWRP
Consistency Assessment Form 4
~;cI;~VED
Policy 13. Promote appropriate use and development of energy and mineral resources. ~ee
LWRP Section II1 - Policies; Pages 65 through 68for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate)-' lots predate zoning, Subdivision approved in 1957
*copy of Town form created on 2/11/06
Town of Southold LWRP
Consistency Assessment Form 5
AUTHORIZATION
BOARD OF AppEAI.~
To:
Southold Town Zoning Board
Southold Town Building Department
Any and Ail State, County, Local agencies,
as necessary
Re: Waiver of Merger
SCTM #1000-15-6-28 and 29
The undersigned hereby authorizes my attorney, Patricia C.
Moore, to submit any and all applications which may be required
in order to obtain a waiver of merger~on the above referenced
parcels. ?,~/~/~o~c~ ~W f,-~,~,~ .
AUTHORIZATION
i 'ov 2 8
To:
Southold Town Zoning Board
Southold Town Building Department
Any and Ail State, County, Local agencies,
as necessary
Re: Waiver of Merger
SCTM #1000-15-6-28 and 29
The undersigned hereby authorizes my attorney, Patricia C.
Moore, to submit any and all applications which may be required
in order to obtain a waiver of merger~on the above referenced
parcels.
Michael Selwyn
.AHT~gH~'fZATit~N
To:
Southold Town Zoning Board ~OARDoF'4P~£AI.~
Southold Town Building Department
Any and All State, County, Local agencies, as necessary
Re: Waiver of Merger
S. CTM #1000-15-6-28 and 29
The undersigned hereby authorizes my attorney, Patri¢ia C.
Moore, to submit any and all applications which may be required
in order to obtain a waiver of ~erger~on the above referenced
parcels.
anie ~
Jane F. Golden
140 Claremont Avenue
New York, N.Y. 10027
hzOF 2 8 2011
~O*4RD OF AppEALS
September 30, 2011
Patricia C. Moore, Esq.
51020 Main Road
Southold, New York 11971
Dear Ms. Moore:
I, Jane F. Golden, hereby authorize you to make application to, and appear on my
behalf, regarding my property located at 150 Three Waters Lane, Orient, N.Y. 11957
(SCTM# 1000-15-6-29) solely before:
1) the Southold Town Zoning Board of Appeals, in order to secure approval of a variance
application with respect to separating my property from the adjoining property owned by
Selwyn at 200 Three Waters Lane, Oriem, N.Y. (SCTM# 1000-15-6-28) (Selwyn
Property), for insufficient lot area, insufficient lot width, and insufficient lot depth.
2) the Southold Town Planning Board, for a subdivision of my property from the Selwyn
Property.
No covenants, conditions or restrictions may be imposed upon my property without
my specific written consent.
J~e F. Golden
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Lydia A..Tortom
George Homing
Ruth D. Oliva
Vincent Orlando
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold. New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
http://southoldtown.nordafork.not
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 20, 2002
Appl. No. 5124 - Helf~n Sakatos a/k/a Eleni Sakatos 15.-7-8, 12
STREET & LOCALITY: Plum Island Lane and Three Waters Lane, Orient
DATE OF PUBLIC HEARING: June 20, 2002
RECEDED
NOV 2 8 2Off
BOARD OF APPEALS
PROPERTY FACTS/DESCRIPTION: The vacant property (15-7-8) that applicant wishes to unmerge
consfsts of 19,502 'sq. ff. and 118 ff. of frontage along Plum Island Lane, and shown as Lot 147 on the
Map of Odent by ate Sea, Section Two. The adjacent property that remains I15-7-1'2) is 12,500+- SCl. ff.,
improved with a dwelling, to'the :east along Three Waters Lane, and shown as Lot 42 on the Map of
Orient by the Sea.
BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated January 2, 2002 The reason
for the Disapproval is that there the two lots have merged under Section 100-25 of the Zoning Code.
APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II, Section 100-26
to unmerge Lot No. 15-7-8 (Odent By the Sea Lot 147) from 15-7-12 (Odent By the Sea Lot 42).
Findings of Fact
The Zoning Board of Appeals held a public hearing on this matter on June 20, 2002, at Which timewdtten
and oral evidence were presented.
REASONS FOR BOARD ACTION: Based on all testimony, documentation, personal observations by
members .of the board, and other evidence, the Zoning Board finds the following facts to be true and
relevant.
1. The title search, prepared by Fidelity National Title Insurance Co. indicates that John Sakatos
acquired CTM Lots 8 and 12 on May 25, 1979.
2. Lots on the Map of Orient by the Sea remained acceptable under the merger provisions up until
January 1, 1997, when the merger law was revised under Article II of the Zoning Code.
3. On January 0, 2001, John Sakatos conveyed both Parcels to Helen Sakatos a/k/a Eleni Sakatos.
4. In considering this application, the Board believes that the "original lot lines" of these two lots was
established by agency approvals under the filing of the Map of Odent By the Sea. All of the property
lines remained intact from their creation to the present time.
5. Many lots in the neighbonhood are developed with single-family residences on lots similar in size to
CTM Lots 8 and 12. Grant of a Waiver of Merger would recognize a lot consistent with the size of lots in
this area.
Page 2~- June 20, 2002
ZBA Appl. No. 5!24 - Helen Sakatos
15-7-8; 12 at Odent
RECEZVED
BOARD OF AppEALS
RESOLUTION/ACTION OF THE BOARD: Now, therefore, on motion by Member Oliva, seconded by
Member Tortora, it was
RESOLVED, to GRANT the Waiver of Merger as applied for.
Vote of the Board~ Ayes: Members Goehdnger (Cha rman), H. omln~;Tortora, ' I, Oliva, and Odando.
This ReSolution was duly adopted (5-0). ~F~/~__~
Gerard p. Goehringer, Chairman 7-/~-02
NOV 2 8 EOil
;3OARD OF APPEAL~
Applicant's Reason ~ 1:
The applicant currently owns tax lots 1000-15-7-8 and 1000-
15-7-12. Both of these lots are lots on a filed subdivision
map known as ~Map of Orient-By-The-Sea" Sections Two and One
respectively. The applicant's husband John Sakatos a/k/a
Janetos Sakatos took title to the lots through a single deed
on May 25, 1979. Both lots were transferred from Mr.
Sakatos to his wife ~n July 6, 2001 for Medicaid planning
purposes. The applicant and her husband have always
received separate tax bills for these two lots.
The applicant currently has a residence on lot 12 and lot 8
is vacant. The size of the individual lots is consistent
with others in the neighborhood which have homes on them,
and lot 8 is in-fact larger than many of these lots,
including lot 12.
Applicant's Reason # 2:
The applicant/owner, Helen Sakatos a/k/a Eleni Sakatos is
presently under contract to sell lot $ 1000-15-7-8.
AccOrdingly, not granting the waiver of merger would have a
significant economic impact on the applicant. Furthermore,
the granting of the waiver would not have a significant
impact on the character or density of the neighborhood. The
natural details and character of the contours and slopes of
the ~lot will not be significantly changed or altered in any
manner, as this is a flat piece of land. There will not be
a substantial filling of land affecting nearby environmental
or flood area.
DSCI~RATIOH OF CO%~Al~l'~ AND i~Eb~RICTIO~S made
~ do~st~ oorpor~t~on ~vLng ~to offLoe ~t (~ n~r).
W~8 t~ ~cl~r~nt Is ~w t~ o~ner in f~
0f all lots on s ~ert~tn ~P eot~tled "~P of OrLont-b~-t~'
sea, ~ct~on 1, oi~te at ~ent ~nt, ~wn of ~ut~ld,
Hew york, by Otto u. van ~Y~ & ~n,
in the office of t~ clerk of Suffolk county on November
Olst, 195~ under file n~r ~77e A.B.S* No. 2997~ ~nd
W~S t~ Declarant intends to ~velOp the
~d p~ml~S as s planned co--unity c~prisin~ sidle
d%tlc~d d~llinKs of ~ general
Cod ~nd MnS Ioltnd F~rmstead architectural character ~nd
~S the Declarant intends to grant and ~nve~
W~S t~ DeClarant ~s desirous of' oubJect~
w~lo ~f hid p~i~s and over~ ~rt~n thereo~. ~ cer~in
conservlM ~operty v~lues and prating the seneral
of residents of t~ ares,.
HO~0 ~O~; t~ D6~sn-t declares t~he
hereby ts held and o~11 be conveyed subject to the
a~oes~t~t t~ premises ~ ~d s~Jl be held subject
FIR&T - Ho bnlldtng and/or structure 9f nay/nature
or dnnertptlos s~ll be erected or maintained upos ~n~ .lot"
having an area Of lens than 12,500 mquare'feet,' with a
minimum width of lO0 feet at' the hous. e' line. '
~CONU -'Ho imrt of any building nnd/or et*ruuture,
except uncovered stops, etoopss torrueee, patl°s' ~nd
breasts, shall bo 'located upon any lot
of the front street line of tho lot nor Within
foot oZ any nidu llne o~ the lot, nor within thirty'
of the roar line *of the lot, except that in the cas~ ...-.: .
corner lot a bulldin~ ehnll bm requlred .to comply
Zrn~tt y&rd restrictions on one street front only provldeds
Itowover, tlmt the width of the side yard stetting on
~truet other than that upon which the lot'~runte ehali bo
less thnn thirty (30) ~eet ...............
THIP3 - Each lot shall be used for
tiul Purposes only (or as a professional o~fice of a
et, dentist resident thereln) and no building and/el
of un~ nature or description whatsoever shall be ereoted,,
8/ngle f~mily dwelXing, ~t to e~eed t~ and one-~lf,'
(2-1/3) etortoB tn height, ~nd ~n at~c~d g~ruge,
connected to the dwelling by ~n overhead trellis
story dwellings m~11 provide not lesm:t~n*700 mquarO
or usable ZIO0~ area and ~11
dwollt~s shall provldo not 1ems t~n 700 mq~re
~s~ble ~l~or ~re~-on t~ f~rst ~[~r o~:g~und ~evol; ['~'. ·
FOURTH - ~o ~parato or de~c~d garage) outhouse
or nature mlmll bo o~ctod, placed or'*~t~ta~ned
-FIFTH - No trailer, ham.neat, tent, slack or garage
shall be erected, plaid or ~in~nod on any lot for use
am s rostde~e either tem~rarily or ~r~ntly.
81~H - No s~gns of ~ny kind~ ot~r t~n the us~l
rill profenolo~l signs, ~11 ~ erected, ~tnteinod or
d~spla~d to t~ public view on say ~rt~on of the land or
~u~ldlngs wLt~u~ ~itton oon~nt of t~ ~ol~r~nts ~nd thon
only upon ouoh oond~tions ~8 the ~chrant ~y speotfy.
p~V18~, ~ver~ s~ll ~t ~ludo mt~nm u~d by t~
Dec.rant or Ztm mu~om~rm and ammZgno.
~fl - Fences) whether fabricated or growing,
s~ll not .exceed four (4) rent in height.
ElG~fl - No title to ~nd in~y mt~ot o~nod or
laid out by the Declarant Zs Aniseed to be conveyed to
lots and t~ Dechrant re~r~o to ZteolZ
fee of all land lying in the bed of any nnd all such
streets, and further reserves to itself the right to.convey
to any mmieilml authority nil of its righto title and
est in any lmrt.or all of such streotsm should the Doclarent
at shy t~nedcem it expedient to do
NX~TH - The exterior architectural features of .uny
and all buildin~e and/or structures shall be thet of New
Bn~l~nd,~oloalal~ Calm Cod or Long Island F~rnetesd
and des~n~ or of any other design approved by the Deolurent
TS~rH ~ H~-~XldXnfs and/or strnotu~os of any
notore ur doeerxption shall be crested, nor sim11 erection
be eommenoed~"nor sh~ll an~ exterior nlterations upon or
oddition~'to uny exiutin~ buildings und/or struntures bo
undertaken unless nnd until all plans, elmoifiostiono
ing elevstlonnp sits plsno sndother lnformtlon deemed
neoosunny to determine the ouitebility and uppropristuness
of the exterior arohiteotu~sl features and design of the
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
P-ECEZVED
BOARD OF APPEALS
~ERTIFICATE OF O~UWANCY
No Z-24723
Date OCTOBER 28r 1996
THIS CERTIFIES that the building. NEW DWELLING
Location of Property 150 THRE~ WATERS LANE ORIE~T~ N.Y.
House No. Street Hamlet
County Ta~ Map No. 1000 Section 15 Block 6 Lot 29
Subdivision Filed Map Ne. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated ~IL 26, 1993 pursuant to which
Building Permit No. 23221-Z dated JANUARy 18~ 1995
was i~sued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate ia
issued is OWE FAMILY DWELLING WITHATTACHEDOPEN PORCH ARAPI~LIED FOR.
The certificate ie issued to JOHN M. EBERHA~DT
(owners~
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF NEALTH APPROVAL 92-SO-101-O~T. 24f 1996
ELECTRICAL INSPECTION CERT. ~12184 - SEPT. 16r 1996
PLUMBERS CERTIFICATION DATED SEPT. 17&~1996-PECONIC PLUMB. & ~EATING
Laserfiche WebLink http://24.38.28.228:2040/weblink7/DocView.aspx?id=92469
Template: Subdivision Maps
Name
Orient By The Sea Section 1
Hamlet
Orient
Approval Oate
10/23/1957
Filing Date
11/21/1957
File NO
2777
District
1000
Section
Block
~ECEWED
uV ~
~,OARD OF APPEALS
2777
2997
al~ND¥21 1957
2 of 3 4/19/2011 5:01 PM
RECE/VED
NOV 2, 8 201I
BOARD OF APPEALS
SURVEY OF PROPERTY
~ A.T ORIENT POINT
~ TOWN OF SOUTHOLD
~ i} ,¢,~ LoT, ]' SUFFOLK COUNTY, N.Y.
~:~ ~ ',~ ~
AREA-12,024 ~, ~.
/
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER
FORMER OWNEP~,~'/~.~, ~JvJ¥1
J STJR-Ee"r
VILLAGE
DISTRICT
ACREAGE
SUB.
.... ~ ,~ LUll
LOT ~i~RD UFAPPEA~
RES.
SEAS.
IMP.
S
FARM
W
TYPE OF BUILDING
TOTAL
COMM. lIND. CB. MISC.
REMARKS
DATE
r~. Mkt. Value
%7o~
AGE
NEW
Farm
)le 1
Tillable 2
Tillable 3
Woodland
Swampland
Brushland
House Plot
Totc~ ~J,__
BUILDING CONDITION
NORh~L BELOW
Ac re
Value Per Acre
^B°¥F/, d~
Value/~/2.~
DOCK
ECE VED
~/~r' Bldg.
Extension
Foundation
Basement
Ext. Walls
Fire Place
Patio
Porch!
Porch ]
Both
Floors
Interior Finish
Heat
Roof Type
Rooms I st Floor
Breezeway Rooms 2nd Floor ~p~
Garage , Driveway Dormer
O.B.
/~d-/J'-~ ~'-,2,~' TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER
~FO~ER OWNER.
/
S
VILLAGE
W
DISTRICT SUB.
LOT '~
I
RES. SEAS. VL ~// FARM COMM. I IND. CB. MISC. Est. Mkt.
Value
IMP. TOTAL DATE
House Plot
Total
Brushland
Swampland
Form Acre Value FRONTAGE ON ROAD BOARD OF APPEALS
)le 1 BULKHEAD
Tillable 2 DOCK
Tillable 3
Woodland
BUILDING CONDITIOh /
BELOW
Value Per Acre
AGE ~ECEtVED
NEW NORMAL ABOVE FRONTAGE ON WATER NOV 2, 8~u ')q I
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
November 22, 2011
Attn: Vicki
Zoning Board of Appeals
Town of Southold
Main Road
PO Box 1179
Southold NY 11971
hand delivered
Re: SEL~
Pr~m4ses: 200 T~E WATERS ROAD, ORIE~
Dear Chairman Weisman and Board members:
With reference to above and pursuant to your June 21, 2011
enclosed please find an original and 8 sets of the following:
1. Notice of Disapproval dated May 24, 2011, updated Nov.22,
2. Application, C & R's. and owners consent
3. Project Description
4. Questionnaire, C.o. and subdivision map
5. AG Data form
6. Short EAF form
7. Transactional Disclosure for all
8. LWRP form
9. Photos
10. Survey
11. Town property Card
12. My clients check representing the filing fee of $1,500.00
Please place this matter on your next available calendar.
Thank you and please do not
questions.
encls.
letter,
2011
hesitate to call should you have any
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTP~.R OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NewYork 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
November 29, 201 l
Zoning Appeal No. 6528
Transmitted herewith is Zoning Appeals No 6582 of Patricia Moore for Melanie M. Selwyn~
Marianne Scl ,wyn and Michael Selwyn- the Application to the Southold Town Zoning Board
of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short
Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form,
LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated November
22, 2011, Notice of Disapproval from Building Department Updated November 22, 2011,
Authorization Letter from Marianne Selwyn, Michael Selwyn and Melanie M. Selwyn to Patricia
C. Moore to Represent them in this Matter, Authorization Letter from Jane F. Golden to Patricia
Moore to Represent her in this Matter Dated September 30, 2011, Three Pages of Findings &
Determination No. 5124 Dated June 20, 2002, Copy of Survey Map for John & Elenisak Sakatos
Dated January 19, 1979 by Roderick Van Tuyl Land Surveyors, Six Pages of Covenants and
Restrictions November 21, 1957, Certificate of Occupancy No. Z-24723 for One Family
Dwelling with Attached Open Porch October 28, 1996, Copy of Orient-by-the-Sea Subdivision
Map, Two Pages of Photos of Both Properties, Copy of Survey of Property Lot 29 as it Exists
Dated October Dated October 15, 2009 Prepared by Peconic Surveyors, Copy of Property
Record Card for 150 Three Waters Lane (Both Sides). Copy of Property Record Card for 200
Three Waters Lane, Copy of Survey of Properties as they Exist (Lots 28 & 29) Revised
November 21,2011 Prepared by Peconic Surveyors P.C.
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 11-28-11
ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP
6528 SELVVYN, M. 6107 $15oo.oo ~ECEIVED
~lqV ? 9 ?~11
Soutl old Town Clerk
TOTAL $15oo.oo
Sent via Inter-Office to Town Clerk by:
Thank you.
ES
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 11/29/11
* * * RECEIPT * * *
ReceiptS: 116749
Transaction(s):
1 1
ZBA Application Fees
Reference Subtotal
6528 $1,500.00
Check#: 6107
Total Paid: $1,500.00
Name:
Selwyn, Michael
200 Three Waters Lane
Orient, NY 11957
Clerk ID: CAROLH Internal ID: 6528
Print - Maps
v.D~r-~ Maps
Three Waters In, Orient, NY 11957
My Notes
Page 1 of 1
~ ~ Vc,~cr Lot~:
http://www.bing.c~m/maps/print.aspx?mkt=en~us&z=~7&s~h&cp~4~.~58~65~72.245972&p~i~Three%2~W... 1/4/2012
8240-25 SOUTHOLD CODE § 240-28L/ ~'''~'~/''}
Board's failure to take any action or hold any hearing on a preliminary or final plat
within the statutory time periods.
ARTICLE VIII
Open Development Area
§ 240-26. Establishment.
An applicant who has received sketch plat approval for a conservation subdivision
pursuant to this chapter may apply to the Town Board for establishment of an open
development area (ODA) pursuant to § 280-a(4) of the New York State Town Law.
cl.
The Town Board may grant the applicant the right to seek future approval of the creation
of lots and the issuance of permits for the erection of structures to which access is given
by right-of-way or easement. Such right shall be in accordance with the designated
zoning district and the density and minimum lot size for the property in effect at the time
of the establishment of the open development area.
This provision supersedes and amends New York State Town Law § 265-a insofar as that
section places a limited exemption on the time within which an adoption, change or
amendment to the zoning regulations shall be applicable to a filed plat.
§ 240-27. General requirements.
An open development area must meet the following general criteria:
A. It shall be located within the A-C, R-400, R-200, R-120, R-80 or R40 Zoning Districts.
B. It shall provide for the perpetual preservation of a minimum of 75% of the buildable land
on the parcel.
C. Access to the ODA shall be provided by a right-of-way or easement.
D. The area where the proposed lots will be located shall be in accordance with that shown
on the approved sketch plat.
§ 240-28. Submission requirements.
The applicant shall submit the following items to the Town Clerk's Office:
A. A completed petition to establish an open development area;
B. Three Mylar and 12 paper copies of a map prepared to a scale of one inch equals 100
feet; and including all information required in Article V, Sketch Plat Review, and the
size and notation requirements set forth in Article VII, Final Plat Review, of this chapter.
C. An executed easement (permanently preserving a minimum of 75% of the property from
residential or commercial development) between the property owner and one of the
following entities: the Town of Southold, the County of Suffolk, another governmental
240:34 os. 01.2o06
_ ~lv PLANNING BOARD MEMBER~
\~ MARTIN H. SIDOR
\'~ ~/ , Chair
~ ~.~ WILLIAM J. CREMERS
i~ k ~NNETH L. EDWARDS
~ ' J~ES H. RICH III
~ DON~D J. WILCENS~
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To:
From:
Date:
Re:
Leslie Weisman, ZBA Chairperson
Members of the Zoning Board of Appeals
Donald J. Wilcenski, Chair
Members of the Planning Board
January 4, 2012
Request for Comments for Marianne Selwyn
SCTM#1000-15-6-28 & 29 ZBA# 6528
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
JAN 4 ZOl2
BOARD OP APPEALS
Thank you for the opportunity to review this application. The Planning Board has
no objection to the requested variances.
Please contact the Planning Department with any questions.
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
December 23, 2011
Chairman Martin Sidor,
and Southold Town Planning Board
Chairperson Leslie Kanes Weisman,
and Southold Town Zoning Board
Southold Town Hall
53095 Main Road, P.O.Box 1179
Southold, NY 11971
RECEIVED ~i
BOARD OF APPEALS
RE: SELWYN
PREMISES: 200 AND 150 THREE WATERS ROAD, ORIENT
SCTM: 1000-15-6-28 & 29
Dear Boards:
Please place in your file the following in support of our
application:
Orient-by-the-Sea, Section I, subdivision map was approved by the
Southold Town Planning Board on May 5, 1958,as an Open
Development Area (O.D.A.) with a copy of their resolution to the
Zoning Board of Appeals. The subdivision was also approved by
the Town Board as an Open Development Area, pursuant to Town Law
280-A on May 6, 1958. A copy of the resolutions are attached.
The above two lots appear on the filed map of Orient-By-The-
Sea, Section I.
Very truly yours,
Patricia C. Moore
PCM/bp
encls.
C: Selwyn family
WHEREAS '*~OODJ-IOL,.L,O. ~'. O,PT-k'£1 ~. T4'O,. ,~a:]t.~;er Uhl
has made application to the Town Board for the establishment of an OPEN
DEVELOPMENT AREA pursuant to the provisions of Section 280-A of the
TOWN LAW, and
WHEREAS, the Town Board has heretofore referred the matter to the
Planning Board for its advice and recommendation, and
WHEREAS, the Planning Board has recommended that the application
°f'"'0"0'"~'~"Q'L"L'..~....-[~-t.~.~,~,[-~4~,~.:~i.~...J;x(C,...~'TCa,~e~;.. be granted,
NOW, THEREFORE, BE IT RESOLVED: that the Town Board of the
Town of Southold does hereby establish on OPEN DEVELOPMENT AREA
over the property ']0 ' ' ' " ",' ' '
or....O.~.~i.Q)~.~....P~.0~,,..'.'J~.,,~.~..~C., ..... as shown
Walter Ub.Z~ Vice-Pres.
forth on the mop attached to the application.
Oy Order of the Town Board.
~talph P. oooth
Town Clerk
oared: ,,~ay 6, 1958.
APPLICATION TO THE TOWN BOARD
(open de, elopmeat arm)
APPLICATION NO.: ................................ DATE: ,.A,9~.10.$~.,..;),..9,,~.0. .............................................................
I, CW'E), ....W~!.~;).!.gl,L.~.~P~LQJq'~.~-.Q.Q.~..~Aq., ......................................................................................................
OF ............. ~P..~:~ ................................. ~ ................................................ A~w..~k..
(st~t) (munici~li~) (sta~)
~ hereby ~ke appticati~ ~ the T~N BOARD of the T~ ~ ~U~OLD, SUF~LK COUNt, N~
Y~K to eM~lish on "~en ~vel~ment Area" u~er the p~isi~s of ~tion 2~ of the T~ L~ of
the State of New York of t~ ~ll~l~ de~ri~d pr~e~;
~. LO~TIQN OF PROPERS: ~.~.~..{.~)-.~.-~.~.~ee~-.~..~c..~e
~{~ fi~Z~..~ ~..~ 9..~.. A~A,...~%~...~.~ ~ ...~ · ~.,.. )~A~ ..~ ~ k .................................
G ~=c~..~.~e~..2~,..~.~?.,..~ .A~ ,..g?lZ ~. ~. ~,..~g.? ..................................................................
3. DESCRIPTION OF RIGHT(S) OF WAY OR OTHER MEANS OF ACCESS TO PROPERTY:..b.~:.q.q.t,.,..~..s. .....
W~e~..~e..~L.Ag~,.Y. Lm~.~,~& ................................................................................................................
4. INTENDED USE OF PROPERTY: ~:L¥~`~`~.~y.~t~.~.~`r~Q`g~A~L~A9.1~`~.~Ltj~`~.~.~
..~...d... ~ ~.e.~.mm~A'.~r...~ .~.4.. ~.,~9..~..~...~.'.~..~...~.~.Le. ...........................................................................................................
5. ~PE OF BUILDING(S) TO BE
of 0ove~%s and Res~c~ions ~ file ~ty 01erks 0ffioe (co~
6. ~P OF PEOPER~ SHOWING PROPOSED ~Y~T OF ~ND USE AND RIGHT(S) OF WAY ~
T0 BE A~ACHED TO THIS APPLI~TION.
7. ADDITIONAL JNFOR~TION BY APPLICANT: ..........................................................................................
W~ODHOLL(~J PROP~TIES~ i-NC.
STATE OF NEW YORK ) ~~
) SS ...... .V.:L~.9.. ~r.e...a.? .....
COUNTY OF .~AJ~.R~,IL...~ .................. ) (signature)
S~VORN TO TH $ ..J.~ ........... DAY OF ....................... ~lJ~:k~, ............................... 19.5.0 ...............
....................... ................
[ (notary pM:, c)
SOUTHOLD, L.I., N.Y.
PLANNING BOARD
MEMBERS
John 'Wickh~m. Cha;rmen
Henry 1~. goica
A~d G~be
Archi~ld N. ~o~g
May 5, 1958
REPORT TO: 80g'£HOLD TO~ B~I:JD
SOlid, OLD, MEW ~R~
Oentlemen~
This is to certify that the following action was taken by
the Southold Town Planning Board on May 5, 1958:
In the matter of application of Walter ~hl, Vice President
of Woo~hollcw Properties, Inc., Jericho Turnpike, Jericho, New
York, to establish ~n #Open Develolment Area# on property
described in application as being located North side ~ain Road,
Orient Point, New Y~rk, Orient-by-the-Sea, Section I.
It ~c the determination of the P~nning Board to recommend
this application Eot an Open Developaent Area.
Very truly yours,
~Ohn Wickha~, Chairman
~OUT~OLD TOWN PIAN~I~G BOARD
JW:gm
cc: Board of Appeals
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JANUARY 5, 20t2
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 tt79, Southold, New York 11971-0959, on THURSDAY, JANUARY 5~ 2012:
2:00 P.M. - MELANIE M, MARIANNE, MICHAEL SELWYN~ as tenants in common and
JANE GOLDEN #6528 - Request for Variance under Article IV Section 280-18 and the
Building Inspector's May 24, 2011, updated November 22, 2011 Notice of Disapproval
based on an application for building permit for a subdivision, at: Proposed Lot 1; 1) less
than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required
lot width of t50 linear ft., 3) less than the code required lot depth of t75 linear feet;
Proposed Lot 2; t) at less than the code required minimum lot size of 40,000 sq. ft., 2)
less than the code required lot width of 150 linear ft., 3) less than the code required lot
depth of 175 linear feet; located at: 200 and 150 Three Waters Road, Orient, NY. SCTM#'s
1000- 15-6-28&29
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 contact our office at (631) 765-1809, or by email:
Vicki. Toth~,,Town. Southold.ny.us.
Dated: December 6, 20tt
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1t79
Southold, NY 11971-0959
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 5, 2011
Re: Town Code Chapter 55 -Public Notices for Thursday,January 5, 2012
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 19 th.
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/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
Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If
you know of another address for a neighbor, you may want to send the notice to that address as
well. If any letter is returned to you undeliverable, you are requested to make other attempts to
obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability,
and to confirm how arranqements were made in either a written statement, or during thc.
hearing, providing the returned letter to us as soon as possible;
AND not later than December 26th: Please either mail or deliver to our office your Affidavit of
Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the
green/white receipts postmarked by the Post Office. When the green signature cards are
returned to you later by the Post Office, please mail or deliver them to us before the scheduled
hearing. If any envelope is returned "undeliverable", please advise this office as soon as
possible. 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 28 th: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at the subject property seven
(7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign
until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your
Affidavit of Postinq for receipt by our office before. January 3, 2012.
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.
NOTIC
OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
SCTM #:
SELWYN, M. # 6528
1000-15-6-28 & 29
VARIANCE: LOT AREA, WIDTH, DEPTH
REQUEST: SUBDIVISION
DATE: THURS., JANUARY 5, 2012 2 PM
If you are interested in this project, you may review the file(s) prior to the
hearing during normal business days between 8 AM and 3 PM. ZONING
BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809
LEGAL NOTICE
SOUTHOLD TOWN ZONING
BOARD OF APPEALS
THURSDAY JANUAR~f 5, 2012
pUBLIC HEARINGS
NOTICE IS I~EREB¥ GIVEN, pur-
suant to Section 267'of the Town Law and
Town Code CEaptor 280 (Zoning),Town
of Southold the following public hear-
ings will be held:by th~ ~O 'i:.rI~IOLD
TOWN ZONING BOARD OF AP-
PEALS at the Tows Hall, 53095 Main
Road. P.O. Box 1179, Southold. New
York 11971-0959 on THURSDAY JAN-
UARY S. 2012:
Carryover Hearings, continued from
prior meetings and pending additional
information:
Adjourned from Public Hearing De-
cember 1, 2011
10:00 A.M. - JOSEPH and ELIZA-
[IETH BRITTMAN #6S22
10:30 A.M. - DAVID MOORE
XXIII Se,ctio~:280-124 and ~;l{~'Bgikling
Inspector s Iqo~inber 4~ 201~"l~..~f
Disappfoval.bal~L~n
bulfdifig pe~ ~t a d~ek!~'l~g.ri~ lb
the cod~ rec~fred rear yard s~tb~ck of
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Candice Schott of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of S~uthold, 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
22nd day of December, 2011.
Sworn to before me this
quired maximum square footage of 660
sq. ft. on lots up to 20,000 sq. ft., Ioca}nd
at: 280 Pine Wood Road, Cutchogue, NY.
11.40 A.M. - THRESHOLD BLUE.
LLC tSnarkline Pointel #6526 - Re-
quest for Variances from Article XV
Code Section 280-63 (Bulk Schedule)
and the Building Inspector's October
21, 2011 Notice of Disapproval based
on an application for budding permit to
construct new commercial warehouse at;
1) less than the code required minimum
side yard setback of 20 feet, 2) less than
the code required minimum combined
side yard setback of 40 feet located at:
1270 County Road 48 (aka North Road),
Southold NY SCTM#1000-69-3-3
Carryover Hearings, continued from
prior meetings and pending additional
intormation:
Adjourned from Public Hearing De-
cember 1, 2011
QTANO g6~25
MASTRO g 6~30 - Request for Varianc-
es from Artideg XXI1 and XXII1 Code
Sections 280-116fBI-and 280-17A, based
on an application for building permtt
and the Building Inspector's November
23, 2011 Notice of Disapproval concern-
ing proposed demolition and construc-
tion of a new single family dwelling, at;
1) less than the code required bulkhead
setback of 75 feet, 2) less than the code
required minimum side yard setback of
10 feet, 3) less than the code required to-
tal combined side yards of 25 feet, 4) less
than the code required rear yard setback
of 35 feet, at: 1595 Bayview Avenue, (adj.
to Arshamomque Harbor) Soutbeld,
NY. SCTMg1000-52-5-9,
2.'00 P.M. - MELANIE M.. MAR1-
~R~.l~n~t for Variance unde~ Ar-
;~.',.~d:~n 280-18 and the Building
i~.~r.~May 24, 2011, updated No-
veniber 22, 2011 Notice of Disapproval
based on an application for building per-
mit for a subdivision, at: Proposed Lot 1;
1) less than the code required minimum
tot size of 40~000 sq. ft., 2) less than the
code rcqQired lot width of 150 linear ft.,
3) less than the code required lot depth
of 175 linear feet; Proposed Lot 2; 1) at
less than the code required minimum lot
size of 40,000 sq. ft.,2) less than the code
requirnd lot width of 150linear ft.,3) less
than the code requh'ed lot depth of 175
linear feet;located at: 200 and 150 Three
Principal Clerk
Waters Road, Orient, NY. SCTM#'s
1000- 15-6-28&29 My
2:20 P.M. - NELSON FAMILY #6832
- Request for Variances from Articles
}CXIII and XXII Code Sections 280-124
and 280-116(B), based on an application
for building permit and the Building In-
spector's November 20, 2011 Notice of
Disapproval concerning proposed deck
addition to existing single family dwell-
ing, at; 1) less than the code required
minimum side yard setback of 10 feel 2)
more than the maximum code required
lot coverage of 20%, 3) less than the
code required bulkhead setback of 75
feet, located at: 2955 Bay Shore Road
(adj. to Peconic Bay), Oreenport, NY.
SCTM#1000-53-6-5
The Board of Appeals will hear all
persons or their representatives, desir-
ing.io be heard at each hearing, and/or
desiring to submli written statements
before the conclusion of each heanng
Each hearing will not start esther than
designated above. Fries are available for
review during regular business h6urs
and pt'mr to the day of the hearing. If
you have questions, please contact our
office at, 1631 765-1809, or by emalh
Vicki.Toth@Town.flout hold.nv, us
I~-ated: December 15, 2011
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIR-
PERSON
BY: Vieki Toth
54378 Main Road (Office Location)
~3095 Main Road (MailingFCSPS)
P.O. Box 1179
Southold, NY 11971-0989
10.501-1T 12/22
OF NEW YORK
05050
Sullo~k County
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
MELANIE M:)MARIANNE & MICHAEL SELWYN
(Name of Applicant)
CTM Parcel #1000-15-6-28 & 29
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF
MAILING
I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose
and say that:
On the (,..0 day of December, 2011, I personally mailed at the United States
Post Offce n Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes
addressed to current owners shown on the current assessment roll verified from the
official records on file with the ( X ) Assessors, or ( ) County Real Property Office
, for every property which abuts and is across a public or private street,
or vehicular right-of-way of record, surrounding the applicant's property.
Sworn to before me this
day of December, 2011
f (N~ary Public)
MARGARET C. RUTKOWSKI
Notary Public, State of New York
No. 4982528
Qualified in Suffolk County
Commission Expires June 3,
RECEIPT
7192 6463 3110 0001 0507
FROM:
SEND TO: ~'~
JEANI~ET~E
TOTAL $ 5.59
POSTMARK OR DATE
RECEIPT
7192 6463 3110 0001 0514
FROM:
Moore Law Office
RE: SELWYN ZBA HEARING
~OB~RT AUd~TM
FEES~" ] '~
Postage 0 44
R~um Receipt 230
Restricted
TOTAL $ 5.59
POSTMARK OR DATE
RECEIPT
7192 6463 3110 0001 0521
FROM:
Moore Law Office
RE SELWYN ZBA HEARING
SEND TO:
HILLER KAHN
NORMA -
225 ~MA~N~;'
FE
TOTAL
POSTMARK OR DATE
RECEIPT
7192 6463 3110 0001 0538
FROM:
Moore Law Office
RE SELWYN ZBA HEARING
RECEIPT
7192 6463 3110 0001 0545
FROM:
Meore Law Office
RE: SELWYN ZBA HEARING
RECEIPT
7192 6463 3110 0001 0552
FROM:
Moore Law Office
RE SELWYN ZBA HEARING
RECEIPT
7192 6463 3110 0001 0569
FROM:
Moore Law Office
RE SELWYN ZBA HEARING
SEND TO:
JpOASTEPI
iL 03307
SEND TO:
STEVEN
246MT p~CT AVE
FEES:
TOTAL $ 5,59
POSTMARK OR DATE
SEND T¢)~
FE P~tag~ /0 ~'~
TOTAL $ 559
POSTMARK OR DATE
SEND TO:
LIKOKAS FAMILY
Post ge ~ 0 44 I~.~
TOTAL ~,, ~'
POSTMARK OR DATE
51020 MAIN ROAD
SOUTHOLD NY 11
MOORE LAW OFFICE
51020 MAIN ROAD
SOUTHOLD NY 11971
4. F~e~ Delivery? 3. Sewlce Ty~
I'(ExtraFee) l~ye~?~ C~.RTIFIED
V~92 6463 3110 0001 0521
HILL~ k~HN
NORM~LK~.HN
225 T~R~E WATERS LANE
ORIENT NY 11957
4, Restricted Delivery? 3. Se~ice Type
I (Extra Fee) F~ Yes lCERTIFIED
I?- Article Number
7192 6463 3110 0001 0507
7192 6463 3110 0001 0507
JEANNETTE E- VERA
320 THREE WATERS LANE
ORIENT NY 11957
MOOR~
11971
(Extra Fee) [] Yes CERTIFIED
7192 6463 3110 0001 0545
S'.92 6463 3110 0001 0545
t. Article Addressed TO:
STE~SN KOPACK REV. LIV. TRUST
ELSIE KOPACK REV. LIV. TRUST
246 Mi. PROSPECT AVE
CLIFTON NJ 07012
SELWYN
SCTM: 1000-15-6-28 & 29
JEANNETTE E. VERA
320 THREE WATERS LANE
ORIENT NY 11957
SCTM: 1000-15-6-27
YVONNE BREUER
ROBERT AUGUSTiNE
50 THREE WATERS LANE
ORIENT NY 11957
SCTM: 1000-15-6-30
HILLER KAHN
NORMA KAHN
225 THREE WATERS LANE
ORIENT NY 11957
SCTM: 1000-15-7-13
JOSEPH WALDVOGEL
PATRICIA WALDVOGEL
7616 CURRIER ROAD
LOUDON NH 03307
SCTM: 1000-15-7-14
STEVEN KOPACK REV. LIV. TRUST
ELSIE KOPACK REV. LIV. TRUST
246 MT. PROSPECT AVE
CLIFTON NJ 07012
SCTM: 1000-15-7-15
KURT WERBER
MARY ELLEN WERBER
119 WOODS AVE
MALVERNE NY 11565
SCTM: 15-9-1.16
LIKOKAS FAMILY TRUST
8823 RIDGE BLVD
BROOKLYN NY 11209
SCTM: 1000-15-9-1.17
5102D 'ROAD
SOUTHOLD NY 11971
Date of Delivery
7192 6463 3110 0001 0552
1. Article Addressed To:
KURT It~ERBER
MARY ELLEN WERBER
119 WOODS AVE
MALVERNE NY 11565
MOOF~ LAW OFFICE
~0 MAIN ROAD
SOUTHOLD NY 11971
7t92 6463 3110 0001 0538
1. Article Addressed To:
JOi~tPH WALDVOGEL
PATRiCIA WALDVOGEL
7616 CURRIER ROAD
LOUDON NH 03307
7192 6463 3110 0001 0514
1. Article Addressed TO:
YVON~ BREUER
ROB£~T AUGUSTINE
50 ~HREE WATERS LANE
ORIENT NY 11957
State ZiP + 4 C~de
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
AFFIDAVIT
OF
MELANIE M. MARIANNE & MICHAEL SELWYN
SIGN POSTING
Regarding Posting of Sign Upon
Applicant's Land Identified as
1000-15-6-28 & 29
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
, residing att._~,%L~ ~J ~ L.~,~-~ '(~,.L~. ~.v.~, ~__ ~.~' ~- )
being duly sworn, depose and say that:
On the~(~day of December, 2011, I personally placed the Town's official Poster,
with the date of hearing and nature of the application noted thereon, securely upon the
proper/y, located ten (10) feet or closer from the street or right-of-way (driveway
entrance) - facing the street or facing each street or right-of-way entrance*; and that
I hereby confirm that the Poster has remained in.place for se~e,n days prior to
the date of the subject hearing date, which hearing/~was sh~'n ~/~(~ Thursday,January 5, 2012 //~~'..V,,..~.A
Sworn to before me this
(-I ~ day of ......... r, 201~.
BETSY A. PERKINS
Notary Public, State of New Yo~
No. 01 PE6130636
Qualified in Suffolk
Commission Expires July 18.
*near the entrance or driveway entrance of the property, as the area most visible to
passersby.
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
MEMO
TO:
FROM:
DATE:
SUBJECT:
http://southoldtown.north fork. net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
Planning Board
Leslie K. Weisman, ZBA Chairperson
November 28, 2011
Request for Comments ZBA # 6528 SELWYN, M.
13F_C - 1 2011
As confirmed with your office, the ZBA is reviewing the following application, and
enclosed copies of Building Department's Notice of Disapproval, ZBA application, and
latest map. The Planning Board may be involved under the site plan review steps under
Chapter 280 (Zoning), and your review and comments are requested at this time.
The file is available for review of additional documentation at your convenience for
reference if needed.
NAME TAX # / ZBA ZONING REQUEST SURVEY PREPARER
ZONE CODE DATE
STAMPED
SELVVYN, M. 1000-15.- #6828 Article Proposed Nov. 21, Peconic
6-28 & 29 IV, Subdivision 20t I Surveyors,
Secction P.C.
280-'18
Your comments are appreciated within 30 days.
Thank you.
Encls.
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTI-IOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971~0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
January 20, 2012
Patricia Moore, Esq.
51020 Main Road
Southold, NY 11971
RE: ZBA Application #6528, Selwyn and Golden
Dear Ms. Moore:
Transmitted for your records is a copy of the Board's January 19, 2012 Findings,
Deliberations and Determination, the original of which was filed with the Town Clerk
regarding the above application for variances.
Before commencing any construction activities, a building permit is necessary.
Please be sure to submit an application along with a copy of this determination to the
Building Department.
If you have any questions, please call the office.
Sincere~,'-,~
Vicki Toth
Encl.
Cc: Building Dept.
SCH.D. 2
FD. 25 LD. 40 M.D. 60 RD. 65 { ~
SEC~ON NO