HomeMy WebLinkAbout6592 5-
II
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 1197 t-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
=CEIVED
SEP' 5 201t
FINDINGS, DELIBERATIONS AND DETERlVlINATI~~; ~_~
MEETING OF SEPTEMBER 20, 2012
ZBA Application No.: 6592
Applicants/Owners: Gloria R. Geslak, owner and Richard and Linda Smyth, as contract vendee
Property Location: 215 and 125 Robinson Lane (corner Indian Neck Lane), Peconic, NY
SCTM#: 1000-98-5-11 & 12
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 11 category
of the State's List of Actions, without further requirements 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.
BASIS OF APPLICATION: This is a request for a Waiver of Merger under Article II, Section
280-10A, to unmerge land identified as SCTM # 1000-98-5-11, based on the Building Inspector's
July 11, 2012 Notice of Disapproval, which states a non-conforming lot shall merge with an
adjacent conforming or nonconforming lot which has been held in common ownership until the
total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40
Residential Zone District) this lot is merged with lot 1000-98-5-12.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on September 6, 2012, at
which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has
submitted documentation, to the satisfaction of the Board that these lots were merged consequent
to the death of the owners. There have been no transfers of ownership outside the family since
the time merger was effected.
Pursuant to §280-11, the Zoning Board finds that
(1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots
in the neighborhood because it is one of the lots shown on the "Map of Peconic Bay Oaks"
subdivision, filed as map #3434 at the Suffolk County Clerk on 10/18/1961, which are mostly
similar in size and shape. The subject parcel is one of the larger parcels.
Page 2 of 2 September 20, 2012
ZBA File#6592 - Geslak
CTM: 1000-98-5-1 l&12
(2) The waiver would recognize a lot that is vacant and has historically been treated and
maintained as a separate and independent residential lot since the date of its original creation
because: The lots were purchased in 1963 and have remained in the same family, they were
transferred to another family member upon the death of the original owner. By physical
inspection, the lot consists of mature trees throughout and there is no evidence of any structural
improvements to the subject parcel.
(3) The proposed waiver and recognition will not create an adverse impact on the physical or
environmental conditions in the neighborhood or district because: due to the size of the
unmerged lots, any dwellings that could be constructed would be small and in keeping with the
size of other homes in the neighborhood due to current zoning regulations. The topography of the
subject parcel is a relatively level. It appears that the lot would not require any filling of soil or
change of contour ifa proposed dwelling was constructed.
RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant
to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was
offered by Member Goehringer (Acting Chairperson), seconded by Member Dinizio, and duly
carried to;
GRANT~ the waiver of merger as applied for, subject parcel SCTM# 1000-98-05-12,
as shown on the survey by John T. Metzger, L.S., last dated July 19, 2012.
tote of' the Board: Ayes. Members Acting Chairperson Goehringer, Dinizio, Homing. Absent was Chairperson
Weisman and Member Schneider. This Resolution was duly adopted (3-0).
Gerard P. Goehringer~,Acti6'g Chai~l~rson
Approved for filing ,ff / g-'/g/20~
INDIAN
AREA= 23,46?' SO. FT.
i~oAD
SURVEY OF PROPERTY
A T PECONIC
TO F'N OF SO UTHOLD
SUFFOLK COUNTY, N.Y.
1000-98-05-11
SCALE: i'--30'
MA Y $, 2012
JULY 19, 2012
ASPHALT
METAL
SHED
FINAL MAP
ISEE DEC,S,ON
LOT NUMBERS REFER TO "MAP OF PECONIC BAY OAKS"
FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON
OCTOBER 18, 1961 AS FILE NO. 3434.
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION
OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND C~IES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE SIGNATURE APPEARS HEREON.
· =MONUMENT
/FtECON/CkSV~ ¢. YO-~, P.C.
(6J1) 765-5020 FAX (651) 765-1797
P.O. BOX 909
1250 TRAVELER STREET 12--167
SOUTHOLD, N.E 11971 LOT 11
N
AREA= ~5,045 SO. FT.
SURVEY OF PROPERTY
A T PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-98-05-12
SCALE' 1'=$0'
MA Y J, 20~2
JUL Y 19, 2012
~U~ 0 6 201~
80ARD OF app~At$
O
FINAL MAP
REVIEWED BY ZBA
SEE DECISION #
DATED q I~,0
LOT NUMBERS REFER TO "MAP OF PECONIC BAY OAKS"
FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON
OCTOBER 18, 1961 AS FILE NO. 5454.
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION
OF SECTION 72090F THE NEW YORK STA17Z EDUCATION LAW.
EXCEPT AS PER SECTION 7209-SUBDIVISION 2, ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE SIGNATURE APPEARS HEREON.
· =MONUMENT
~dECONIC S~fl~/EYORS, P.C.
(651) 765-5020 FAX (651.)
P.O. BOX 909
1250 TRAVELER STREET
SOUTHOLD, N.K 11971
NO. 4961~
765- 179 7
12--187
LOT 12
FORM NO. 3
TOWN OFSOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
RECEIVED
TO: Pat Moore Esq. for
R & L Smyth (contract vendee)
Re: G. Geslak (owner)
51020 Main Rd.
Southold, NY 11971
Date: July 11, 2012
Please take notice that your application dated July 11, 2012
For a merger determination at
Location of property 215 Robinson Lane, Peconic, NY
TaxMapNo. 1000-Section98 Block5 Lot ll&12
Is returned herewith and disapproved on the following grounds:
The subject lot has merged with the adjacent lot (SCTM #98-5-12) pursuant to Article II,
Section 280-10(A) which states:
"Merger. A nonconforming lot shall merge with an adjacent conforming or
nonconforming lot which has been held in common ownership with the fncst lot at any
time a~er July 1, 1983. An adjacent lot is one which abuts with parcel for a common
course of tiff. y(50) feet or more in distance. Nonconforming lots shall merge until the
total+- lot size conforms to the current bulk schedule requirements."
Authorized Signature
e mVEO L,
0 6 Z01
BOARD OF APP£~L~
Filed by:
Office Notes:
For Office Use Only
Date Assigned/ZBA File #
WAIVER TO UNMERGE PROPERTY
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
THIS APPLICATION IS BASED ON THE WRITTEN DETERMINATION OF
THE BUILDING INSPECTOR DATED_ July 11, 2012 WHEREBY THE BUILDING
INSPECTOR DENIED AN APPLICATION DATED July 11, 2012 under Town Code
Chapter 280 (Zoning), Article II, Section 280-10__for:
E Building Permit [] Permit for As-Built Construction
[] Certificate of Occupancy [] Pre-Certificate of Occupancy E Other
waiver of merger
Owner of Parcel for Waiver: (1000-98-5-12) (Lot 14 on subdivision map)
Gloria R. Geslak
Owner of Adjacent Parcel: (1000-98-5-11)(House) Gloria R. Geslak
Note: If applicant is not the owner, state if applicant is owner's attomey, agent, architect,
builder, contract vendee, etc.
Mailing Address: 215 Robinson Lane, Peconic
Telephone No: c/o Pat Moore 765-4330 Fax/Email 765-4643
Agent for Owner: Patricia C. Moore
Address:51020 Main Road, Southold NY 11971
Telephone No: 765-4330 Fax/Email:_pcmoorel(~optonline.net
Please specify who you wish correspondence to be mailed to, from the above:
[] Owner, or [] Authorized Representative X
I (we), Gloria R. Geslak, seller and contract vendee Richard Smvth and Linda
Smyth request that the Zoning Board of Appeals waiver the merger and recognize the
original lot lines under the provisions of Article II, Sections 280-9, 280-10, 280-11 of the
Southold Town Zoning Code, for the purpose of tm-merging Suffolk County Tax Map
District 1000, Section 98_ Block 5_ Lot 12_ containing 25,043 sq.ft, located at
Corner of Indian Neck Lane & Robinson Lane, Peconic : Lot number 14 of Map of
AUG
BOARD OFAPPEALS
Peconic Bay Oaks filed in the Suffolk County Clerk's Office on October 18, 1961 as file
no 3434 to be merged from District 1000 Section 98 Block _5 Lot 11 containing 23,467
sq.fi.. At 215 Robinson Lane, Peconic; Lot number 15 of Map of Peconic Bay Oaks filed
in the Suffolk County Clerk's Office on October 18, 1961 as file no 3434 . The
properties is located in the r-40 Zone District.
The parcels are two separate adjacent lots on a Planning board approved subdivision map
known as "Map of Peconic Bay Oaks" filed in the Suffolk County Clerk's Office on
October 18, 1961 as file no 3434. The original owners John A. Giglio and Rose Mary
Giglio, his wife, purchased the two separate properties from the subdivision developers
on October 25, 1963
As to the vacant parcel Tax Map #12: The parcel has remained in the family since
1963. The lots were on a Planning Board approved subdivision map of Peconic Bay
Oaks. Peconic Bay Oaks was exempt from merger under the former Town Code 100-12.
This lot is under contract for sale to Mr. And Mrs. Smyth who want to build a new home
on Lot 12. The parcel has remained in the family since it was purchased from Smith
(Developer) in1963.
As to the improved parcel Tax Map #11: The house was constructed by the Giglio
family. Ms. Geslak lives in this house and the purchaser is advancing the cost for the
waiver of merger because Ms. Geslak could not aftbrd to either prepare the survey or
obtain the waiver of merger. The sale of the lot will enable the owner of the house to
remain in her home.
This application is an alternative to that provided for under other Town Code provisions
available for an area variance.
APPLICANT'S REASONS:
(1) The waiver would recognize a lot that is comparable in size to a majority of the
improved lots in the neighborhood because:
The two parcels appear on the Planning Board approved subdivision map of Map of
Peconic Bay Oaks filed in the Suffolk County Clerk's Office on October 18, 1961 as file
no 3434 . This subdivision has been developed since 1961. The subject properties
remained in the family as separate parcels. The lots are more than ¼ acre in size
which is larger than many of the surrounding lots. Most of the parcels in Peeonie
Bay Oaks are developed with single family homes.
(2) The waiver would recognize a lot that is vacant and has historically been treated and
maintained as a separate and independent residential lot since the date of its original
creation because:
The merger of the house parcel with the vacant lot occurred after 1997 (without
notice to the owners). After her husband died, the separate lot was retained by Rose
Mary Giglio. The family placed the title of the separate parcels in a trust until Mrs
Giglio died and the land was transferred to the daughter, Gloria R. Geslak.
AUG 0 6 2012
BOARD OF APPEALS
(3) The proposed waiver and recognition will not create an adverse impact on the
physical or environmental conditions in the neighborhood or district because:
The parcels have no environmental constraints. There are no wetlands and the
subdivision was approved by the Health Department in 1961. The two parcels
appear on the Health Department records. The contract vendee, Richard & Linda
Smyth are ready to build their home on the lot. The building envelope requires no
variances from this Board. Once the waiver of merger is approved, a health
department application to construct a single family home can be sought. There is
public water in the street.
Please check one or more of the following that apply to the lot to be unmerged: _
E This lot was formerly approved by the Southold Town Planning Board(attach copy).
[] This lot was approved or shown on a map approved by the Southold Town Board
during (attach copy).
[] This lot was approved by the Board of Appeals on_(please attach).
[] A search of Town records found no approvals or other action by the Town of Southold,
except for Application__ in the Year (please attach copy).
E A search of Town records found a Certificate of Occupancy was issued
dwelling or other purpose on
(Attach additional sheets if needed).
S ~ befo is
/ Not~Pu61ic
] BETSy, PERKINS
Nbtary Public, State of New York
No. 01 PE6130636
Qualified in Suffolk County
Commission Expires July 18~.~
2o m-_
day o ,
ZBA 12/95; 3/06; 11/08
for a
BETSY A. PERKINS
Notary Public, State of New York
No. 01PE6130636
Qualified in Suffolk Counbz .
Commission Expires July 18,"~)
To: Zoning Board of Appeals
From: Patricia C. Moore Esq.
Re: Smyth/Geslak waiver of merger
Hearing: September 6, 2012
WAIVER OF MERGER
The properties are shown on Map of Peconic Bay Oaks filed in the Suffolk County Clerk 10/18/61
as file number 3434
The subject properties appear on the subdivision map as two separate parcels and were
recognized as separate parcels until Januaryl, 1997.
The sellers, Gloria Geslack received the property from the Rose Mary Giglio Revocable Living
Trust established by the family for the original owners, John and Rose Mary Giglio. They
purchased the two parcels in 1963 from Henry Smith who developed the subdivision in 1961. The
deeds from Smith to Giglio and finally to Geslak describe the parcels as lots #14 and #15 on
a filed subdivision map. The lots have been transferred within the family but the lots were
transferred to the same owners. Ms. Geslak still lives in the existing house on tax lot #11.
The community is developed and the proposed lot conforms to the character of the neighborhood
and the waiver would recognize a lot that has historically been treated & maintained as a sepate
and independent residential lot.
Robinson Lane contains similarly sized lots on both sides of the road, this vacant lot is larger, as a
corner lot, than the other internal lots in the subdivision.
There are no other vacant lots on Robinson Lane, Peconic.
The merger Geslak property was discovered when the property was listed for sale. The seller does
not have the funds to make this application and the buyer is paying for the appeal. He will receive
a credit for the expenses of the waiver if he is approved and closes. The existing house and
adjacent vacant lot conform to the setbacks which applied to the subdivision.
The waiver will maintain an existing condition and conform to the size of the lots in the
neighborhood. If the lots remain merged then the house front yard setback is made
nonconforming. The merger creates the nonconformity of the existing Geslak dwelling. The
vacant lot has a generous building envelope which Mr. And Mrs. Smyth plan to build a modest
house and pool.
The Health Department recognizes the two parcels and Health Department approval to construct
should be granted without any complications. Public water is in the street.
The Giglio family has owned the two properties since 1963, keeping the lots independent and the
vacant lot unimproved. Two generations have owned these parcels without knowing that the Town
of Southold had merged the parcel.
The owner Ms. Geslak and the buyers Mr. And Mrs. Smyth respectfully request the grant
of the waiver of merger.
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
AUG 0 6 Z01
BOARD OF APPEALS
Is the subject premises listed on the real estate market for sale?
XYes E No
Are there any proposals to change or alter land contours?
E No [] Yes, please explain on attached sheet.
I) Are there areas that contain sand or wetland grasses? No
2) Are these areas shown on the map submitted with this application? n/a
3) Is the property bulkheaded between the wetlands area and the upland building ama? No
4)If your property contains wetlands or pond areas, have you contacted the office of the
Town Trnstees for its determination of jurisdiction? n/a Please confirm status of your
inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved map.
D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet
above mean sea level? no
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? No (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do you have any construction taking place at this time concerning your premises? No
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
G. Do you or any co-owner also own other land close to this parcel? Improved parcel If yes, please
label the proximity of your lands on your map with this application. Enclosed
H. Please list present use or operations conducted at this parcel
vacant lots and proposed use un-merge one lot with house occupied by Ms. Geslak and separate
lot for sale to Mr. And Mrs. Smyth (examples: existing: single-family; proposed: same with garage or
pool, or other description.)
'"/-&l-~
Date 2/05;
1/07
REClEIVF. D
PROJECT f.O. NUMBER 617,20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
'1 ' *"FL,C*.T ~BPONSO" /'qa t/~/7 p,u~. q c.,,.,,_
BOARD OF APPEAI~ EQ R
5. IS PROPOSED ACTION:
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND AFFEC'r 0:
8. WILL PROPOSED ACTION'COMPLY WITH EXISTING ZONING OR OTHER E~JSTING LAND USE RESTRICTIONS?
ny.. 0.0 -
9. WHAT IS PRESENT LAND USE IN VIC3NITY OF PROJECT?
o,=.,,,., ,",
10. ODES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL,
STATE OR LOCAL)?
[]
YeS [~NO I! yeS, list ig~S) II~l permlulp~'ovil~
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PEP. Mn' OR APPROVAL?
12. A.~ A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL RE~JIRE MOmFICATION?
[] Y.~ ~Ho
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KN(WVLEDGE
If the action Is in the Coastal Area, and you am a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
REClagIO
P~T II--FNVU~ONMFNTAL ASSESSMENT (To be com~ted by Agency)
B ',';IL; ACTION RECEIV-2 COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCPR PART 617 $~ If NC a negative :ec[aral,o~
D W;LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
THERE. OR I$ THERE L~KELY TO 8E~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAl. IMPACTS?
~ Yes [] NO If Yes. explain briefly
PART IIIwDETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each advefse effect identified alcove, determine whether it LS substantial, large, imporlanf or otherwise signilicant.
Eacl~ effect should De assessed in connection with its (a) sailing (i.e. u~an or rural}; ~) prol)a~ility of occurring; (c) duration; (d)
irreveraibility; (e) geographic SCOpe; and (1) magnitude. If necessary, add attachments or reference sup~rlfng melertals. Ensure fhat
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addresseS. II
question D of Part I~ was checked yes, the :leterminatton and significance must evaluate the potential impact of the proposed action
on the envifonmemal characteristics of the CEA.
[] Check this I~ox if you have identified one or more potentially large or significant adverse inTlS,acts whicr~ MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information ancl analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determfnation:
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
RECE~/ED
0 6
BOARD 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 district. All applications requiring an agricultural data
statement must be referred to the Suffolk Count~ Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
1) Name of Applicant: ~-~ } err [c~
2) Address of Applicant: ~ t ~' 14c~D,
3) Name of Land Owner (if other than applicant):
4) Address of Land Owner:' ~, ~
5) Description of Proposec?roject: Td0c /_~
Pa -axc Oo. tzs - a ex.
6) Eocatfon oflProperty (road and tax map m~mber)t. · I
7) ts the parcel within an agricultural district? [~No t--lyes If yes, Agricultural District Number
8) Is this parcel actively farmed? [J~No [-]Yes
9) Name and address of any owner{s) of land within the agricultural district contmning 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.
2. .\~ iix
(Please use back side of page if more than six property owners are identified.)
The lot numbe~may be~btained, in advance, when requested from either the Office of the
%n~tu~of~Appl~t - "7 laX~atte~/ /2~
1. The local board wilt solicit comments fi.om 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 of the overall review of this application.
3. Copies of the completed Agrlcultuml Data Statement shall be sent by applicant end/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 fo{ review. Failure to pay at
such time means the application is not complete and cannot be acted upon by the board·
1-14-09
RECEZVED
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
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 intemst and allow it to take whatever action is necessary to avoid
same.
YOUR NAME: Gloria Geslak~ Richard &Linda Smyth~ and Patricia C. Moorre Esq.
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company, lfso, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance waiver of merger
Special Exception
Other Activity:
Change of Zone
Approval of Plat
Exemption fi.om 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 shams 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
~OA?.;.q OF APPEALS
Gloria Geslak: /~r~
Richard Smyth:~
Linda Smyt .~,~:~
Submitted thief
Signature:// ~'-~...,~ .,~' -
Print Nam '~ricia~. Moor-'-~
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
BOARD OF APPEALS
A. INSTRUCTIONS
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.northfork.net), the Board of Trustees Office, the Planning Deparanent, all local libraries and
the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM#
AGENT:
1000-98-5-12 unmerge from 1000-98-5-11
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 [] waiver of merger
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) El
(c) Permit, approval, license, certification: [] Type:
Town of Southold LWRP
Consistency Assessment Form
RECL~I/ED
Nature and extent of action: Waiver of merger
0 6 OlZ
Location of action: 215 Robinson Lane, Peconic
BOARD OFAPPEALS
Site acreage: Lot 11 is 23,467 sq.fl.
and Lot 12 is 25,043 sq.ft. Lots on subdivision map: Map of Peconic Bay Oaks filed
in the Suffolk County Clerk's Office on October 18, 1961 as file no 3434
Present land use: House on Tax Lot 11 and vacant lot Tax Lot 12
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 of applicant: Gloria Geslak (owner); Richard & Linda Smvth, contract
vendee
(b) Mailing address: c/o Pat Moore 51020 Main Road, Southold 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 [] 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 o fa coastal location, and minimizes adverse effects of development. See L WRP
Section 111 - Policies; Page 2for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): Existing house on one lot and vacant separate parcel
Map of Peconic Bay Oaks filed in the Suffolk County Clerk's Office on October 18,
1961 as file no 3434
Policy 2. Protect and preserve historic and archaeological resources of the
Town of Southold. See LWRP Section 111 - 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 II1 - Policies Pages 6 through 7for evaluation criteria
Town of Southold LWRP
Consistency Assessment Form 2
RECEZVED
Yes [] No [] Not Applicable []
Discussion (if appropriate): residential subdivision
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from fiooding and erosion.
See £WRP Section III - Policies Pages 8 through 16for evaluation criteria
Yes [] No [] Not Applicable []
Discussion (if appropriate): no flooding
Policy5. 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): public water is on Indian Neck Lane & Robinson Lane,
Peconic
BOARD OFAPPEALS
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -
Policies; Pages 22 through 32for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate) Not adjacent to waterfront
Policy Z Protect and improve air quality in the Town of Southold See L WRP Section Ili -
Policies Pages 32 through 34for evaluation criteria. See Section Ill - Policies Pages; 34
through 38for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): no air quality issues
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section III-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, to be
"unmerged"
Town of Southold LWRP
Consislency Assessmem Form 3
AUG 0 6 ZOl.
PUBLIC COAST POLICIES
Policy 9. Provide for public access' to, and recreational use of, coastal waters, public
lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38
through 46for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): not waterfront parcels
BOARDOFAPpEA/~
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 111 - Policies; Pages 47 through
56for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): not waterfront pared
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62for
evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): dry parcel
Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III -
Policies; Pages 62 through 65for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (ifapproprlate): not farmed
Policy 13. Promote appropriate use and development of energy and mineral resources. See
LWRP Section III- Policies; Pages 65 through 68for evaluation criteria.
Yes [] No [] Not Applicable []
Discussion (if appropriate): lots predate zoning
*copy of Town form created on 2/11/06
Town of Soulhold LWRP
Consistency Assessment Form 4
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
July 31, 2012
0 6
BOARDOFAPPF_.AI, S
Attn: Vicki
Zoning Board of Appeals
Town of Southold
Main Road
PO Box 1179
Southold NY 11971
hand delivered
Re: SM~TH/GESLAK
Premises: 215 ROBINSON LANE, PECONIC
Dear Chairman Weisman and Board members:
With reference to above, enclosed please find an original and 8 sets
of the following:
1. Notice of Disapproval dated July 11, 2012
2. Application, owners and contract vendee's
consent and Transactional Disclosure for all
3. Surveys
4. Single & Separate Search
5. Deeds
6. Questionnaire and AG Data form
7. Short EAF form
8. LWRP form
9. Town property Card
10. My clients check representing the filing fee of $750.00
Please place this matter on your next available calendar.
Thank you and please do not hesitate to call should you have any
questions.
~rcricJ-a C. Moore
encls.
TOWN OF ]~j~THOLD
BUILDING~PARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown. NorthFork. net
PERMIT NO.
RECEIVED
Examined ,20 AUG 06 ZJ]lZ
Approved ~20
Disapproved ~ct'~ll/t~'~ ....
BOARD OF APPEALS
eILD1NG PERMIT APPLICATION CHECKLI
Do you have or need the following, before applyh
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Cheek
Septic Form
C.O. Application
.~ Single& Separate
Expiration ,20
Bu,,d,nglnspector
J J I Date , 20__
~ BLO~D[PT -- J INSTRUCTIONS
TOWN OF S0gT~0Lg
a. ~i~ap~.~catmnMUSTbec~m~ete~y~ed~nby~pewriter~rinink~dsubmi~edt~eBui~dingInspect~rwith4
sets of pl~s, accurate plot plan to scale. Fee accordillg to SC]l~duJe.
b. Pict plan showing location of lot and of buildings on pr~mJses, relalionship to adjoining premises or public streets or
c. The work covered by this application may not be commenced before Jssu~ce of Building Pe~Jt.
d. Upon approval of this application~ the Building Inspector will issue a Building Permit to ~e applic~t. Such a pe~it
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in pa~ for any purpos~ ~ SO ~v~r until ~e Building Inspector
issues a Ce~i~cate of Occupancy.
f. Eve~ building permit shall expire if the work authorized has not commenced within 12 months ~er the date of
issuance or has not been completed within 18 111onths from such daIe. If no zoning ~endments or o~er ~g~latio2s affecting th
prope~ have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the pe~it for
addition six months. Therea~er, a new permit shall b~ required.
APPLICATION IS HEREBY MADE to the Building Depa~ment for the issuance cfa Building Pe~it pursuit to ~e
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinates or
Regulations, for the collstructJon of buildings, additions, or alterations or for removal or demolition as herein desc~bed. The
applicant agrees to comply wdh all applicable laws, ordinances, building code, housing code, ~d regulations, and to admit
authorized i~spectors on premises and in buJJdblg ~or iI~g~ssary JllSpectiolls,~ ~
(Signature &applicant or name, ifa co~orafion)
(Mailing address of applicant)
State whether applic~t is owner, lessee, agent, ~chitect, engineer, general contractor, elec~ici~, plumber or builder
Nme of o~er of premises
(As on the tax roll or tate x
If applic~t is a co~oration, signature of duly authorized officer
~e ~d title ct co~orate officer)
Builders License No.
Plumbers License
Elec~ci~s License No.
Other Trade's License
1. Location of land on wh~h proposed work will be done:
.;.'.'.~/,~' /~.~A~/~ .~ ~
House Number Street Hamlet
CountyTax MapNo. 1000 Section qff Block
Lot //4/3-
Subdivision Filed Map No. Lot
2. State existing use and occupancy of premises and intended use and occupancy o f proposed construction:
a. Existing use and occupancy /'ffor~ ~ ~ ~t [ / /
b. lntendea use and occupancy ¢rr_,Ce~"/-- fro-/ /~...-.- //~,,/,-g~'/~,~Ct~.r2/X~
3. Nature of work (check which applicable): New Building Addition Alteration
Repair Removal Demolition Other Work
(Description)
Fee
4. Estimated Cost
5. If dwelling, number of dwelling units
If garage, number of cars
(To be paid on filing this application)
Number ofdwe!ling 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
8. Dimensions of antire new construction: Front Rear
Height Number of Stories
9. Size of lot: Front Rear Depth
Depth
Rear
10. Date of Purchase
Name ,of Former Owner
I 1. 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__
14. Names of Owner of premises.
Name of Architect
Name of Contractor
NO Will excess fill be removed from premises? YES NO
Address Phone No.
Address Phone No
Address Phone No.
15 a. Is this pr6perty 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
· 1F 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 I 0 fl,'et 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)
SS:
COUNTY/~F
//~/~.~._ ~"~. ,/~¢...c~. being duly sworn, deposes and says tbat (,,be is the applicant
~amg of individual si~ing contract) above named,
(S)He is the ~~ r etc
(ContractorTAienh Co~ateOffice , .)
of said owner or owners, ~d is duly authorized to perform or hav~ perfomed tbe said work and to make and fi~e this application;
that all statements contained in ~is application are true to the best of bis knowledge and belief; and that the work will be
perfo~ed in thc manner set foah in the application filed therewith.
Sworn to before me this
' , -- v,c on
Nota~ Public Oualffied m.~k ~n~ I~ S gnature of Applicant
LOT NUMBERS REFER TO "MAP OF PECON}C BAY OAKS"
FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON
SURVEY OF PROPERTY
AT PECONIC
TO~[N OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-98-05-11 & 12
SCALE? 1'--$0'
ho~f~'765-5020 F,4X (6J1) 765-1797
RECE~¥ED
BOARD OF APPEAL~
Hay 07 2012 8:25PN HP Fax
pa§e 1
RECEWED
0 8 ZOlZ
BOARD OF APPEALS
Gloria Oeslak
C/O ]armuzzi Esq.
Main Road
Mattituck NY 11952
May7,2012
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Dear Ms. Moore:
I, Gloria Geslak, as owner, hereby authorize you to make any and all applications to the
Suffolk County Health Department, Town of Southold Zoning Board of appeals and any other
necessary agencies on our behalf regarding property located on 215 Robinson Lane, Peconic,
New York (sctm: 1000-98-542)
RECEIVED
AUG 0 6 20 2
BOARD OF APPEALS
Richard & Linda Smyth
26 Water View Ave.
Massapequa NY 11758
April 20, 2012
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Dear Ms. Moore:
We, Richard & Linda Smyth, as contract vendees, hereby authorize you to make any and
all applications to the Suffolk County ttealth Department, Town of Southold Zoning Board of
appeals and any other necessary agencies on our behalf regarding property located on 215
Robinson Lane, Peconic, New York (sctm: t000-98-5~2)
Very t_ruly y,o~i-r~, /~
Linda Smyth 'i_.)
Ten
developed
iS wifei both'residing at
=d ya.l.~.ble coneide~_a~io~
~ts of ]!aml,
That onl7 one ainm±e l'~mlly dwell
mate.l.l~ 9' an- k~j be ~ -' ~
e'~'ent tf~
;ted,
October :9 63~, be~o~ me
i'
TITLE NO: F12-7404-86462SUFF
Town of Southold, New York
District: 1000
Section: 098.00
Block:05.00
RE~D
BOARD OF APPEALS
Lot: 011.000 & 012.000
Gentlemen:
FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC hereby certifies to the TOWN OF
SOUTHOLD that it has searched the records of the Suffolk County Clerk for deeds affecting the
captioned property and properties immediately adjoining and finds:
SEE ATTACHED
And the records of the Suffolk County Clerk and/or Suffolk County Registrar disclose no other
further conveyance of any of the foregoing lots other than as set forth.
FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC certifies that the above-captioned
property has been in single and separate ownership by Gloria R. Geslak and his/her predecessors in
title since prior to 4/1/1957 except as follows:
(see attached chains of title).
No searches have been made other than as expressly stated above. The Company's liability under
this Certificate shall only be to the party to whom it is certified and such liability shall under no
circumstances exceed the amount of Twenty-Five Thousands Dollars ($25,000.00) and no policy of
title insurance can be issued based upon the information contained in the Certificate.
Dated: 8/01/2012
Sworn to before me this
1st day of August, 2012
FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC
SANDRA J. GOLESKI
Notary Public
RECE~/ED
TITLE NO. F12-7404-86462SUFF
STATE OF NEW YORK) ss:
COUNTY OF SUFFOLK)
0 6 Z012
BOARD OF APPEALS
Sandra J. Goleski, being duly sworn deposes and says:
That he/she has had a search made of the records of the County Clerk of Suffolk County with
reference to an application for a variance affecting the following premises:
SCTM: 1000-098.00-05.00-01 t.000 and 012.000
That the said records indicate the following chains of title as to premises and adjoining lots since
prior to 4/01/1957.
SUBJECT PREMISES: 1000-098.00-05.00-011.000 and 012.000
Francis H. Robinson, widower
To
Nelson S. Robinson
Liber 3052 cp 93
Dated: 1/25/1950
Rec'd: 3/06/1950
Premises & More
Nelson S. Robinson
To
Henry J. Smith and Stella M. Smith, his wife
Liber 4971 cp 236
Dated: 4/08/1961
Rec'd: 4/11/1961
Premises & More
Henry J. Smith and Stella M. Smith, his wife
To
John A. Giglio and Rose Mary Giglio, his wife
Liber 5444 cp 120
Dated: 10/25/1963
Rec'd: 10/31/1963
Premises & More
No proof of death of John A. Giglio found in Suffolk County Surrogates Court.
Sworn to before me this
1st day of August, 2012
FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC
Notary Public
2
Rose Mary Giglio
To
Gloria R. Geslak and Walter J. Carroll, Trustee of
The Rose Mary Giglio Revocable Living Trust
Liber 12120 cp 934
Dated: 4/10/2001
Rec'd: 5/30/2001
Premises & More
Gloria R. Geslak and Walter J. Carroll, Trustee of
The Rose Mary Giglio Revocable Living Trust
To
Gloria R. Geslak
LAST DEED OF RECORD
Liber 12343 cp 667
Dated: 9/15/12004
Rec'd: 9/16/2004
Premises & More
PREMISES NORTH: INDIAN NECK ROAD
PREMISES EAST: 1000-098.00-05.00-013.000
Carrie L. Wood
To
Edward W. Wood, Jr. and Robert C. Wood, as
Tenants in Common
Liber 3407 cp 374
Dated: 9/11/1952
Rec'd: 9/15/19952
No proof of death of Robert C. Wood found in Suffolk County Surrogates Court.
Bergliette Boe Wood, individually and as Executor
of the Last Will and Testament of Robert C. Wood
deceased
To
Theodosia Grey Wood
Liber 4408 cp 118
Dated: 11/25/1957
Rec'd: 12/23/1957
(as to ½ interest)
Theodosia Grey Wood
To
Edward W. Wood, Jr.
Liber 4408 cp 36
Dated: 11/27/1957
Rec'd: 12/23/1957
(as to V2 interest)
RECEIVED
BOARD OF APPEALS
Sworn to before me this
1 st day of August, 2012
FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC
Notary Public
RECEZVED
Edward W. Wood, Jr.
To
Edward W. Wood, Jr. and Patricia L. Wood, his wife
Edward W. Wood, Jr. and Patricia L. Wood, his wife
To
Patricia L. Wood
Liber 4427 cp 345
Dated: 2/07/1958
Rec'd: 2/11/1958
Liber 7624 cp 562
Dated: 3/15/1974
Rec'd: 4/23/1974
t tJ¢ 0 $ 2012
BOARD OF APPEALS
Patricia L. Wood
To
Steven Kramer, as Trustee of the Wood Family
2008 Irrevocable Trust
Liber 12574 cp 620
Dated: 10/06/2008
Rec'd: 12/11/2008
Steven Kramer, as Trustee of the Wood Family
2008 Irrevocable Trust
To
Edward W. Wood, III
Liber 12588 cp 118
Dated: 4/15/2009
Rec'd: 5/14/2009
Edward W. Wood, III
To
Sylvia Safer
LAST DEED OF RECORD
Liber 12591 cp 358
Dated: 6/11/2009
Rec'd: 6/19/2009
PREMISES SOUTH: 1000-098.00-05.00-010.000
Francis H. Robinson, widower
To
Nelson S. Robinson
Liber 3052 cp 93
Dated: 1/25/1950
Rec'd: 3/06/1950
Premises & More
Nelson S. Robinson
To
Henry J. Smith and Stella M. Smith, his wife
Liber 4971 cp 236
Dated: 4/08/1961
Rec'd: 4/11/1961
Premises & More
Swom to before me this
1 st day of August, 2012
FIDELITY NATIONAL TITLE iNSURANCE SERVICES, LLC
Notary Public
Te~ eqeu my 3*L._.~ O
4
Henry J. Smith and Stella M. Smith, his wife
To
Stanley Slama and Bertha V. Slama, his wife
Liber 5613 cp 218
Dated: 9/12/1964
Rec'd: 9/14/1964
Stanley Slama died a resident of Suffolk County on 5/17/2001.
Nancy Schrank and Douglas Slama as
Co-Executors of the Last Will & Testament of
Bertha V. Slama aJk/a Bertha Veronica Slama
To
Douglas Slama
LAST DEED OF RECORD
Liber 12660 cp 668
Dated: 4/13/2011
Rec'd: 5/23/2011
PREMISES WEST: ROBINSON LANE
RECE~'ED
AUG 0 6
BOARD OF APPEALS
Sworn to before me this
1st day of August, 2012
Notary Public
FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC
RECEIVED
AUG 0 6 012
BOARD OF APP~'A~
I IIIIIIIIIIIIIIIIIIIIIillllllllllllll llllllllllllllll
SUFFOLK COUNTY CLERK
~CO~DS OFFICE
RECORDING PAGE
Type of Instrument: D~-~-~S/DDD
N~m~er of Pages: 4
T~ANSFER TAX NUMBER: 00-39516
District:
1000
Deed Amount:
~cerd~d:
At:
LIBER:
PAGE:
Section: Blouk: Lot:
098.00 05.00 011.000
EXAMINED ~ C~ARGED A~ FOLLOWS
$0.00
05/30/2001
10:02:22 AM
D00012120
934
Kecelved the Following Fees For
Page/Filing
COE
KA-STATE
Cart. Copies
SCTM
$12.00
Ss.oo
$25.00
$4.00
$0.00
$0.00
TRANSFER TAX NUMBER: 00-39516
THIS PAGE ZS
Above Instant
NO Handling
NO EA-CTZ
NO TP-584
NO RPT
NO Transfer tax
NO
Fees Paid
A PART OF T~E INSTRUMENT
Exempt
$5.00 NO
$5.00 NO
$5.00 NO
$23.00 NO
$0.00 NO
$84.00
Edward P.Ro~alne
County Clerk, Suffolk County
N,umbcr of pages
TORRENS
__ Sub Total
GRAND TOTAL
Real Pr olx, rty Tax 3ervicc Agency Verification
Dist. Section B lock
Lnt
2. Additional
Sub Total
Or
'l~e property covcred by Ihis n~agc is or
WALTER J. CARROLL ESQ.
117 Ne~t~lge RtL
Hlel~dlle, N.Y. 11801
CPF Tax Duc
Improved
~'~
TD
TD
TO
Title Company Information
Co, Nam~
Tit[c #
Suffolk Comity Recording & Endorsement Page
'[~is yege lbm'~ part of the nt~eht4
(SPEC~ FY I~PE OF l N~I~t ~ ~ )
'lhe ~'enfi~ he. in
S~FOLK CO[~J~ N~ YOR~
In ~ ~L~GF
RECE/VED
AUG 0 6 ZOIZ
BOARD OF APPEALS
}10SE MARY GIGLIO, 160 C-mrd~m£, i~l~ksvill~, New Yo£k
~U6 0 fi
BOARD OF APPEALS
and re~cricgions are set forth in full ~C pau~ 121 of ~aid deed)
IN.WITN~.~ WH~oF,
1. That Only one single famfly dwelling house for residehtial
purposes containing at least lOOO sguare fe~t of living area,
and a private garage for family use only, shell be
these premises. No trailer, tents or cam in built on
permitted, and no occupancy of any such dw~ ~ shall be
be permitted until the OUtside and the roof shall be fully end
! nuisances nor noises of any kind unwholesome and Offensive
No fowl, poultry, animals or livestock shall be kept on said
3. Said premises shall be subject to electric, electric light,
BOARD OF APPEALs
RECElrl/ED
~ 0 $ ~0~~'
BOARo OFappEaLS
SJL~sl~ir~nd OR]t~ of
TO
GLORIA R. GE~LAK and WALTER $. ~A~RO~L
Trustees
First A~ic~ Tille l~r~¢ Co~1~ '.,
WALTER J. CA~ROLL~ ESQ~
117 Newbridge Road
tlicknville, New York 1180]
RECEZVED
AUG $ ZOlZ
BOARD OF APPEALS
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 4
Receipt Number : 04-0102577
TRANSFER TAX NUMBER: 04-07191
District:
1000
Deed ~nnount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
098.00 05.00
EXAMINED ~ CHARGED AS FOLLOWS
$0.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing
COE
EA-CTY
TP-584
RPT
Transfer tax
TRANSFER TAX NUMBER:
$12
$5
$5
$5o 0o
$0 O0
00 NO Handling
00 NO 5FrS SRCHG
00 NO EA-STATE
00 NO Cert.Copies
NO SCTM
NO Corfu. Pres
Fees Paid
04-07191
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
09/16/2004
11:05:07 AM
D00012343
667
Lot:
012.000
Exempt
$5.00 NO
$15.00 NO
$75.00 NO
$5.0O NO
$0.00 NO
$0.00 NO
$177.00
Number of pages
TORRENS
Certil~cale #
prior Ctf #
RECEIVED
AU6 0 6 201Z
BOARD OF APPEALS
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp [ Recording / Filing Stamps
3 I FEES
Handling 5. 00
Notation
EA-52 17 (County)
EA-5217 (State) __
Corem of Ed. 5. 00
(~.~Certtfied Copy ~
NYS Surcharge 15. 00
Sub Total
Other
Grand Total
ZOO0 I
4 Dist. Se 04039808 ~oco 0.~aoo osoc oziooo
Tax Service
Verification
6 I Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
WALTER J. CAR h ,._
11'7 NewbrKlge r~
Mortgage Amt.
1. Basic Tax
2. Additional T~x
Sub Total
Spec./Assit.
or
Spec./Add.
TOT MTG TAX
Dual Town Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only,
YES or NO
If NO, see appropriate tax clause on
I page # of ~his insl~tknent.
5 Community Preservation Fund
Consideration Amount $ -0-
Improved _
Vacant Land
TD
Title Compan~ lnfomation
NONE
Suffolk County Recording & Endorsement Page
This page forms part of thc attached
ROSE M~Ry ~GI.G.LIO LEVOCABLE, LIVING TRUST
Deed made by:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK
TO In ~he Township of Southold
GLORIA R. GESLAK In the VILLAGE
or HAMLET of Peconic
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FII,ING
District
1000
098.00
Block
05.00
011.000
012.000
l~LSlNDE~madethe /~ dayo{ September ,inlheyear 2004
AUG O G 201Z
BOARD OF APPEALS
party of the 8rst part, and
GLORIA R. GESLAK, 19 Deer Lane, Hieksville, NY ff~/~/
party of the second par~,
~flTNr~L~'I'H, that the party o! ~e fir~ part, in conslde~ti0n of Ten Dollars and other v~uable consider~ion
p~d by the party of the second part dces hereby g~nt and re,ease umo the patay of the second ~, the h~ts
~ t~t cer~in plot, piece or ~rcel of ~d, ~ ~e buildings ~d ~mprov~en~ thereon ~, mtuate,
lyin~d~i~ ac Indian Neck, Peconic, To~ o~ SouChold, County of Suffolk and
State of New York, kno~ and designated as lot ~14 and lot $15 on a certain ~p
entitled "~p of Peconic Bay Oaks, situate at Indian Neck, developed by Henry J.
Smith and Stella M. Smith. his wife, Peconic, New York", and filed in :he
Office of the Clerk of the County of Suffolk on October i8, 1961 as ~p ~3434.
TOGETHER WITH the right [o use the 134.55 foot stretch of beach sho~ on
said map which is 15.14 feet in depth on the westerly end and 16.39 feet
TOGETHER WITH an easement for ingress and egrees to and from Peconic Bay
over that section of Robinson Lane that is or may be in private o~ership.
SUBJECT TO the covenants and restrictions set forth in deed dated October
25, 1963, recorded in Liber 5444 ~f deeds at page 120, which said covenants
and restrictions are set forth in full at pa&e 121 of said deed; copy attached;
Being and intended to be the same property as conveyed at the grantors herein by
deed dated April 10. 2001 and recorded on May 30, 2001 in Liber 12120 of deeds
at page 934.
designated as District 1~00, Section 098.00. Block 05.00 and Lots 011.000 and
012.000 on the Suffolk County Tax ~p.
ROSE ~RY GIGLIO REVOCABLE LIVING TRUST, dated April 10, 2001
TOGETHER x~ith all right, title and interest, if an)', of the part}, of tile first part in and to any streets and
roads abulling the above described premises to tile center lines thereo TOGETHER x',' h the appurtenances
and all tie es a e and rights o£ the part)' II the first part in and to said premlses; TO HAVE AND TO
HOLD the premises herein gra, ted unto the party of the second part. :he heirs or successors and assigns of
the party of the second part forever.
AND the party o[ Ihe firstlps~vt covenants th.at the party of the firsl part bas not done ur suffered anything
~fereh5 the said pronlses have been encdmbered in an3, way wha e e . except as aforesa d
AND the 133fly o[ tile firsl parl. in compliance ~Gt6 Section 13 of the Lien Law. covenams that the l~rty of
the first pavl x~ill receive the consJder'ation t~r this conveyance and ~ill hold the right to receive such consid-
eration as a trust fund to be applied first for lhe purpose gf paying the cost of the improvement and will apply
b~l_. That only one ~±ngle £nm~
~: permitted un1 {1 the ,-~[, d~ and the ~o¢~f shall, be fu][y and
~OSgP~ completely finished and
including hot,elm, ]~on~:rl]n{~ ,md morning houses, mba] ] he
NO nuisances nor noises of: any kind unwhc~lesome and off~n%Jve
to the neighborhood, shall ho permitted to exist an ~¢a~Jd
premises, nor ~h=~ i a~,y :accumul-,l'ion of rubbish, garbage, jtlllk
or materJ als of any kind b~ p~r,lit:t~,d t,~ ~ ~main ~n ~ai ~]
premises. No adver I isLnq ~Jgns, billboards or otha~ sJ~,
devices shall be perm~ tt~d on ony ct said lots, ~,xcepting ~
developer's sign o~- n "fo~ sale" or "for Lent" ~ign of
NO fowl, poultry, animals or livestock shall be kept on said
premises except domestic household pets.
Said premises sha]] bo subject to electric, electric light,
the surface along l:h~ Tondway hr- lane adjacent to saJc]
premises.
necessary during building censtzuction periods.
No fence shall
feet ~n height.
only.
be erected or maintained on any lot over four
Fences shall be picket, ranch type or privet
No title Jn and *n thp b~d ~f nns- I~riva'te mad on said tract
of land bordering said premises is herein conveyed to the
grantee. The g~antor ~etains the said title, and also the
right to dedicate and convey the said tJ tie to the Town of
Scutho]d, or in his sole disc,.etlon, to cnnvey said title to
an association of owners of lots of said tract.
annually, not Lc> e::ceed $25.00, to the grantor, his heira or
land, and sha].l expire oi January i981..
conformity with regulations ,}f the Suffolk County Department
· STAI'E OF NEW YORK )
COUNTY OF Nassau)
On lh~___ day of Sept. in the year 2004before me the
· STATE OF NEW YORK)
COUNTY OFNassau )
On the~ day of Sept . in the yca~ 2004b¢ fort mc. the
Ou · po..~.a~sa~0 '-'~ ~ota~ Pub c
Stae Dsrc of Co umb a, Terr~ o~. possess on. or Foreign Co~{~0 ~ Co~ssionPuati,e~'aO'a6~SYS0ewY°rk,0 Nassau
individual taking acknow}edgment
~tgain anb ~,alm
TITLB NO,
Rose Mary Giglio Revocable Living Trust
TO
Gloria R. Geslak
Firs/Americal~ Title Insttra~lc¢ Compan!l
o£ Neu, York
District 1000
SECTION 098.00
~:OCK 05.00
LOS 011.000 and 012.000
Walter J. Carroll, Esq.
117 Newbridge Road
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STRE~ Z/~' V, Lb',GE D,ST. SUB.
FORMER OWNER N E ACR.
,~e/
~'~h'o ~ ~ ~la~*~ . s w
~. /~b~. v~. ~ co~. c~. ~,~c. ~k~.V~,u~
~ND IMP, TOTAL DATE REMARKS
FARM Acre Value Per Value '
*cre q/~ ~/~q- ~/a~S. ~,~/~.,~ ~
Ti~e 1 ~)~ ~ ~ ~- ~
Tillable 2
Ti[laMe 3
Woodland
Swampland FRONTA6E ON WATER
~h~d ~ONTA~E
.HLse Plot DEPTH
BULKH~D
Totol D~K
M. Bldg.
Extension
Extension
Extension
RECE/VED
C.~LORO ~1 I
TRIM
~undation
Basement
Ext. Walls
Fire Ploce
Type Roof
Recreation Roan
Porch Dormer
Breezeway Driveway
Garage
Patio
O.B.
Totol
~A~u UF APPF. AL~
Bath
Floors
Interior Finish
Heat
Rooms 1st Floor
R~oms .... F!oo
inette
LR..
DR.
FIN.
./~-~F-.~--/z. TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET ~,-~ VILLAGE DIST. SUB. LOT //-7/
FORMER OWNER N E ACR.
RES.~ SEAS. VL.~// FARM COMM. CB. MISC. Mkt. Value BoARD oF ACP~
~N D I M P. TOTAL DATE
REMARKS
N~ NORMAL BELOW ABOVE t -Ll~543a~7- ~l¢Rt~no,~S ~g~t~ ~ 6e~l~- n/z
FARM Acre Value Per Value I ~ -
Acre
Ti~e
TiN~ble 2
Tilt~ble
Woodland
Swompl~nd FRONTAGE O~ WATfiR
Brushlond FRONTAGEON ROAD I~'~ /~ h% ~
.~ouse Pi0t -- DEPTH
BULKH~D
Toro I D~ K
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
~TFO~g
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
August 7, 2012
Zoning Appeal No. 6592
Transmitted herewith is Zoning Appeals No. 6592 of Patricia Moore for Gloria R. Geslak-
the Application to the Southold Town Zoning Board of Appeals for Waiver to Unmerge
Property. Also enclosed is the Applicant's Questionnaire, Short Environmental Assessment
Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency
Assessment Form, Cover Letter from Patricia Moore Dated July 31, 2012, Copy of Notice of
Disapproval from Building Department Dated July 11,2012, Copy of Application for Building
Permit with Disapproval Dated July 11, 2012, Copy of Survey of Both Property Showing
Existing Construction and Building Envelope Dated May 3, 2012 Prepared by Peconic
Surveyors, Authorization Letter from Gloria Geslak to Patricia Moore To Represent her in this
Matter, Authorization Letter from Richard Smyth to Patricia Moore to Represent them in this
Matter, Four Pages of Deed Between Henry J. & Stella M. Smith to John A. & Rose Mary Giglio
Dated October 25, 1963, Five Pages from Fidelity National Title Insurance Service Dated
August 1, 2012, Five Pages of Deed Between Rose Mary Giglio to Gloria R. Geslak & Walter J.
Carroll Dated April 10, 2001, Five Pages of Deed Between Gloria R. Geslak & Walter J. Carroll
to Gloria R. Geslak Dated September 15, 2004, Two Page Copy of Property Record Card, Copy
of Survey Showing Existing Construction and Building Envelope Dated May 3, 2012 Prepared
by Peconic Surveyors, Copy of Survey Showing Existing Construction Dated July 19, 2012
Prepared by Peconic Surveyors, Copy of Survey Showing Building Envelope Dated July 19,
2012 Prepared by Peconic Surveyors.
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 08/06/12
* * * RECEIPT * * *
Receipt~: 140647
Transaction(s):
1 1
ZBA Application Fees
Reference Subtotal
6592 $750.00
Check#: 104
Total Paid: $750.00
Name:
Smyth, Linda
26 Waterview Avenue
Massapequa, NY 11758
Clerk ID: CAROLH Internal ID: 6592
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 119714)959
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 $OUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, SEPTEMBER 6, 2012
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, 53096 Main Road,
P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 6~ 2012:
11:30 A.M. - GLORIA R. GESLAK - #6592 - This is a request for a Waiver of Merger under
Article II, Section 280-10A, to unmerge land identified as SCTM #1000-98-5-11, based on
the Building Inspector's July 11, 2012 Notice of Disapproval, which states a non-
conforming lot shall merge with an adjacent conforming or nonconforming lot which has
been held in common ownership until the total lot size conforms to the current bulk
schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is
merged with lot 1000-98-5-t2, located at: 215 & 126 Robinson Lane (corner Indian Neck
Lane) Peconic, NY. SCTM#-1000-98-5-11 & t2
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.Tot h(~.Town.Southold.ny, us
Dated: August 8, 2012
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (MailinglUSPS)
P.O. Box 1t79
Southold, NY 11971-0959
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
GLORIA R. GESLAK #6592
(Name of Applicant)
SCTM Parcel #1000-98-5-11 & 12
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF
MAILINGS
I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose
and say that:
On th day of August, 2012 I personally mailed at the United States Post
Office in 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 ~ ~7TM
day of August, 2012
( otary Public) MARGARET C. RUTKOWSKI
Notary Public, State of New York
No. 4982,528
Qualified in Suffolk County
Commission Expires June 3, ~- C~/.~-
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to
the owner names and addresses for which notices were mailed. Thank you.
GLORIA GESLAK
NEIGHBOR LIST
SCTM: 1000-98-5- 11 & 12
DOUGLAS SLAMA
303 WALKER WAY
NEWARK DE 19711
SCTM: 1000-98-5-10
SANDRA EKBERG-JORDON
PO Box204
PECONIC NY 11958
SCTM: 1000-98-4-38
SYLVIA SAFER
1875 MCCARTER HWY.
NEWARK NJ 07104
SCTM: 1000-98-5-13
DAVID J. & L1NDA A. KNOERNSCHILD
120 ROB1NSON LANE
PECONIC NY 11958
SCTM: 1000-98-4-39
DAVID H. & SANDRA B. PFEIFFER
37 CAITHNESS ROAD
LONDON ENGLAND
WI 40JA
SCTM: 1000-98-4-37
RECEIPT RECEIPT RECEIPT
7192 6463 3110 0001 3027 7192 6463 3110 0001 3034 7192 6463 3110 0001 3041
FROM: FROM: FROM:
MOORE LAWOFFICE ' MOORE LAWOFFICE MOORE LAWOFFICE
RE geslak waiver of meger RE geslak waiver of meger RE: geslak waiver of meger
/c~DOUGLAS ~MA _\ S FE ,~,NDRA EKBERG-JORDOh~'
/ONEWARK bE 19711 ~'J NEWARK NJ 071~
Co,ffled Fee 2 95 C~Jed Fee 295
Return Re~ipt 2 35 Return Re~ipt 235 Return Re~ipt 2 35
TOTAL $ 575 TOTAL $ 5.75 TOTAL $ 5.75
POSTMARK OR DATE POSTMARK OR DAlE POSIMARK OR DATE
PAUL RAGUSA
55 WEST 74*" ST., APT. 2B
NEW YORK NY 10023
SCTM: 1000-86-6-2.3
RECEIPT
7192 6463 3110 0001 3058
FROM:
MOORE LAW OFFICE i
RE: geslak waiver of'meg~r
Return Receipt 235
TOTAL $ 5.75
RECEIPT
7192 6463 3110 0001 3089
FROM:
MOORE LAW OFFICE
RE: geslak waiver of meger
SENDT_~; '
Postage ~.
TOTAL $ 5.75
stered No.
RB652135132US
Rag Fee
Date Stamp
09/1
Handling $0,00 Return $0.00
Charge Receipt
'.- Postage $1,0~ Restricted $0,1
~ ~ Received by 2 0
PS Form 3806, Receipt for Registered Mail Copy i - Customer
May 2007 (7530-02-000-9051) , , (See Information on Reverse)
For domestic delivery information, visit our website at www. us.ps, com®
MOORE LAW OFFICE
51020 MAIN ROA~
SOUTHOLD NY 1~
7192 6463 3110 0001 3058
1. Article Addressed To:
DAVID J. & LINDA A. KNOERNSCHILD
D.^ddressee'sAddressl~oi#~n~F,~mA~d~U~bYS~nd'~ 120 ROBINSON LANE
PECONIC NY 11958
51020 MAIN ROAD ' '
SOUTHOLD NY 11~'~'""~
/ 2. Artiole Number
J 7192 6463 3110 0001 3027
7192 6463 3110 0001 3027
¢. Date of
:~' MOORE LAW OFFICE
51020 MAIN ROAD
SOUTHOLD NY 11971
Article Addressed To:
DOUGLAS SLAMA
303 WALKER WAY
NEWARK DE 19711
7192 6463 3110 0001 3034
1. Article Addressed TO:
city
SYLVIA SAFER
1875 MCCARTER HWY.
NEWARK NJ 07104
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
GLORIA R. GESLAK # 6592
AFFIDAVIT
OF
SIGN POSTING
Regarding Posting of Sign Upon
Applicant's Land Identified as
1000-100-98-5-11 & 12
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Patricia C. Moore residing at 370 Terry Lane, Southold, New York being duly
sworn, depose and say that:
On the~'day of August, 2012, I personally placed the Town's official Poster,
with the date of hearing and nature of the application noted thereon, securely upon the
property, located ten (10) feet or closer from the street or right-of-way (driveway
entrance) - facing the street or facing each street or right-of-way entrance*; and that
I hereby confirm that the Poster has remained in place for seven days prior to
the date of the subject hearing date, which hearing date was shown to be THURSDAY,
SEPTEMBER 6, 2012 ~__~/~
r-atricia C. Moore
Sworn to before me this
~ day o~-~, 2012
BETSY A. PERKINS
Nola~ Public. State of New York
No. 01PE6130638
Ouallfled In Suffolk Count~ ~,
*near the entrance or driveway entrance of the property, as the area most visible to
passersby.
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME'.
GESLAK, GLORIA R. # 6592
SCTM #:
1000-98-5-11 & 12
VARIANCE: WAIVER OF MERGER
REQUEST:
UNMERGE LOTS
DATE: THURS., SEPT. 6, 2012 11:30AM
If you are in.terested in this project, you may review the file(s) prior to the
hearing dur, ng normal business days between 8 AM and 3 PM. ZONING
BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northtbrk.net
August 6, 2012
Re: Town Code Chapter 55 -Public Notices for Thursday,September 6,
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 August 20th:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to al_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
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 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 during the
hearing, providing the returned letter to us as soon as possible;
AND not later than August 27th: 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 August 29th: 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 Postin.q for receipt by our office before September 4, 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.
#10828
STATE OF NEW YORK)
) SS:
.COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for
30th day of Au.qust, 2012
ll:00 A.M. - PECON1C LANDING
Sworn to before
AT SOUTHOLD. INC.- ~1- Request
apa~ent building addition, al; More
~ l~t~ at: 15~ Breckn~k Road (adj.
~- ~p~t r~ a S~al
~ ~u~g au~o~fion to ~mb~sh ~
(~j. to M~ ~e) ~t M~, ~
of Or.d A~nue) (a~. to ~ng Creek)
LEGAL NOTICE
SOUTHOLD TOWN ZONING
BOARD OF APPEALS
THURSDAY SEPTEMBER 6, 2012
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pur-
suant to Section ~7 of the Towa Law and
Town Code CYaapter 280 (Zoning), Town
of Southold, the following public hearings
will be held by the SOUTHOLD ~OWN
ZONING BOARD OF APPEALS at the
Town Hall, 53095 Main Road, RO. Box
1179, Southold, New York 119714}959, on
THURSDAY SEPTEMBER 6,2012:
~ Bearla~ conanued fi.om
txior meetings and pendi~ additional in-
forraallon:
Adjoamed t~om Pult~c Itea6~ Au-
~ - Req~t for V.ari~ces
from Article I~ Section 280-15ff5 and
Article XXIlI Section 280-t24, and the
Build~ Inspector's July 10, 2012 Notice
o{ Disapproval ba~ed on ~an application
for building permit tO construct garage ad-
dition with two bedrooms abo-m and "as
btfilt' acc~sory shed ae 1) In the case of
wate~aont propertie~ accessoW bui!cKr~
may be located in the front yard, provided
that such acce~ory meets tim front yard
~ setback requirements as set forth
by this code.., proposed location is other
2) lot ~overage of more than the eode per-
mitted 20%, located ae 350 MacDonalds
1 week(s), successfully commencing on the
f._~/.~ ~ Principal Clerk
day o 2012.
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01V06105050
Qualified In Suffolk County
~ P.M. - ~L CREEK PART-
of same to existing single fan~ly dwelling:
heard at each hea~ and/or desi~ b)
clusion of each hearmb Each hea~zg will
Ffle~ are available for review during regu-
contact our office at, (631) 765-1809, or by
........... $outhoh~ NY ~-09~9
N
SURVEY OF PROPERTY
A T PECONIC
TON~N OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-98-05-11
SCALE: 1'--$0'
MAY ,.T, 2012
RECEI'I/ED
AU~ 0 6 '~OIZ
80ARD OF APPEALS
LOT NUMBERS REFER TO "MAP OF PECONIC BAY OAKS"
FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON
OCTOBER 18, 1961 AS FiLE NO. 5434,
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A WO~TION
OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 7209-SUBDIVISION 2, ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS, MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE SIGNATURE APPEARS HEREON.
METAL
S~ED
· =MONUMENT
L/C. NO. 49618
P.C.
FAX (651) 765-1797
BOX 909
~2Jo r~ VE~E~ Sr~E~r
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
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 SOUTItOLD
Tel. (631) 765-1809 ,, Fax (631) 765-9064
September 24, 2012
Patricia Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: ZBA # 6592 - Geslak Lot Waiver
Dear Ms. Moore:
Enclosed is a copy of the Waiver of Merger determination, by the Zoning Board
of Appeals rendered on September 20, 2012.
Please be sure to follow-up with the Building Department for the next step in the
zoning review/application process. Before commencing any construction activities, a
building permit and other agency approvals are necessary. A copy of this determination
has been furnished to the Building Department for their permanent records.
Sincerely, (-~
Vicki Toth
Enc.
Cc: Bldg. dept.