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+ AN4EALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
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BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JULY 1, 1999
Appl. No. 4709 - THOMAS LOSEE
STREET & LOCALITY: 7425 Nassau Point Road, Cutchogue 1000-118-4-2
DATE OF PUBLIC HEARING: June 24, 1999
FINDINGS OF FACT
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 39043 sq. ft. with
101.05 ft. frontage along the easterly side of Nassau Point Road and lot depth of 403.88 ft. (and 387.51 ft.
var.). The property is improved with a single-family dwelling with the "as built" deck and accessory stairs to
the bulkhead and Little Peconic Bay beach.
BASIS OF APPLICATION: Building Inspectors May 4, 1999 Notice of Disapproval citing Article XXIII, Section
100-230.48 of the Zoning Code in applicant's request for a building permit for an "as built" deck addition
with an insufficient setback from the bulkhead. (No other variance relief is noted in this Notice of
Disapproval.)
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for approval of an "as built' setback
location of an open deck addition at the rear of the existing dwelling. The March 23, 1999 survey map
prepared by Lothar K. Reissig, L.S. shows a setback at 61+- feet from the bulkhead at its closest point. The
deck is 17.3 ft. by 25.5 ft. wide plus a small deck connecting the same to the house. The deck area appears
to be about 7 inches above average grade (ground).
REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board,
and personal inspection, the Board makes the following findings:
1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood
or a detriment to nearby properties because the 357 sq. ft. area of the deck which requires a variance is not
obtrusive, elevated only 12+- inches above grade and causes no obstruction of view from neighboring
properties. The deck is open to the sky, rather than a fully enclosed addition.
2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue,
other than an area variance because the dwelling in its present location was built more than 28 years ago.
A deck conforming to the 75 ft. code requirement would be too small to be satisfactorily utilized, and if the
deck were relocated to the front of the house, there would be no benefit of waterviews.
3. The requested area variance is not substantial and represents a 18.6 percent reduction from the code's
75 ft. setback requirement.
4. There is no evidence that grant of the variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Such a deck improvement would cause no
disturbance to the bluff or bulkhead and is situated on stable ground.
5. The difficulty has not been self-created.
Page 2 - July 1, 1999
ZBA Appl. No. 4709 - T. Losee
Parcel 1000-118-4-2
In considering this application, the Board deems this action to be the minimum necessary and adequate to
enable the applicants to enjoy the benefit of a new deck, while preserving and protecting the character of
the neighborhood and the health, safety, welfare of the community.
RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was
RESOLVED, to GRANT the variance, as applied for, subject to the FOLLOWING CONDITION:
The deck shall not be enlarged or expanded closer toward the bulkhead nor improved by a roof.
VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO, TORTORA, HORNING, COLLINS. THIS
RESOLUTION WAS DULY ADOPTED BY UNANIMOUS (5-0) VOTE OF ARD.
GERARD P. GOEHRINGER, HAIRM
RECEIVED AND FILED BY
THE SOUTFICLD TOV94 CLERK
DATE It 1 M HOUR 3'000""
Town Clerk, Town of Southold
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY JUNE 24, 1999 ^`
NOTICE IS HEREBY GIVEN; pursuant to Section 267 of the Town Law and the Code of the Town of
Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF'
APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY,
JUNE 24, 1999 at the time noted below (or as soon thereafter as possible)`.
8:00 p.m. Appl. No. 4709 - THOMAS LOSES. This is a request for a Variance for "as built"
location of deck addition with -a'setback at less than 75 feet from the bulikhead. This request is
based on an application for a building permit dated April 28, 1999, and the Building Department's
May 4, 1999 Notice of Disapproval citing Article XXiII, Section 100-239.4B. Location of Property:
7425 Nassau Point Road, Cutchogue; Parcel 1000-118-4-2.
The Board of Appeals will at said time and place hear any and all persons or representatives
desiring to be heard in the above applications or to submit written statements before concluding the
hearing. Each hearing will not start earlier than designated. Files are available for review during
regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call
(516) 765-1809.
Dated: May 26, 1999: BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
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NATE OF NEW YORK)
)SS:
UJ Uf) %: (A )(I I 1,3 of Mattituck, in said
:ounty, being duly sworn, says that he/she is
?rincipal clerk of THE SUFFOLK TIlAES, a
weekly newspaper, published at Mattituck, in
he Town of Southold, County of Suffolk and
hate of New York, and that the Notice of which
he annexed is a printed copy, has been regu-
arly published in said Newspaper once each
week for i weeks successively,
omme cing on th _day
if !J i a i11C� 19
�JMUo
nicipal Clerk
siworn to before me this u
ay of 19
MARY O;RNR FOSTER
u 1,z, NOTARY PUBLIC, STATE OF NEW YORK
NO. 52-46F.242, SUFFOLK COUNTY
COMMISSION EXPIRES AUGUST 31,19
=77
FORM NO. 3
TOWN OF SOUTHOLD
IV p�- BUILDING DEPARTMENT
61
SOUTHOLD, N.Y.
Lj '7 \
4I/ NOTICE OF DISAPPROVAL
S
°� ny
To Paul Caminiti= AttY: for Thomas Losee_
P.O. Box 846
........................................
Southold, NY 11971
........................................
DATE.: . May 4, 1999
PLEASE TARE NOTICE that your application dated ...... April 28 ..... 19 99
for permit to construct deck addition "as built', to an existing dwelling._.,___ at
Location of Property ..... 7425 Nassau Point Road Cutch
.....- ..........
House No. Street Hamlet
County Tax Map No. 1000 - Section ... i!8..... BLOCK ... 4...... LOT .. 2.........
Subdivision ............................... Filed Map No. .........Lot No. .......
is returned herewith and disapproved on the following grounds ..............................
Under Article %%III, Section 100-239.4B, Buildings where there exists a bulkhead or
.............................•..............................................................
similar structure shall be set back no less than 75' from said bulkhead. As built deck
...............................................................
is 64 feet +/- from bulkhead.
............................................................................................
............................................................................................
................................................*BUILID
.................................
ING INSPE OR
RV 1/80
y
.; APR 28 1999 f
BOARD OF HEALTH ...............
I FORM NO. 1 3 SETS OF PLANS .......
BLDG:DEPt i TOWN OF SOUTHOLD SURVEY ........................
TOWN OFSOUTPOLD BUILDING DEPARTMENT CHECK .........................
TOWN HALL SEPTIC FORM .......
. ............
SOUTHOLD, N.Y. 11971
TEL: 765-1802 NOTIFY:
6+01 fat
1
CALL ....
76
�J - /g qo o
ErmMA
ined............ ..... 19....
Approved............................�l
Disapproved a/c i/... ...... ............... .... ...
................................
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
Date... ......,19:_..
INSTRUCTIONS
a. This application must be completely. pletely filled in by typewriter or in ink and submitted to the Building Inspector wi
3 sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship.to adjoining, premises or public
streets or areas, and giving a detailed description of layout of property not be drawn an the diagram which is part of
this application.
c. The work covered by this application may not be cacmenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such
permit shall belept on the premises available for inspection tbrougbout the work.
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of
Occupancy shall have been granted by the Building Inspector,
APPLICATION IS HEREBY MAIE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, ordinances or
Regulations, for the construction of buildings, additions or alterations, or forremovor demolition, as herein
described. The applicant agrees to comply with all applicable lavas, ordinances, ung using code, and
regulations, and to admit authorized inspeators.an premises and in building forin ri
(Si of
ion)
resat, r if a rpornt
(Mai addre of applicant)
State wbether applicant is owner, lessee, agent, archi engineer, goner contractor, electrician, plumber or builde
........................... ' T C� !� �F.. ........ �� ' ���®v...........
�''[�'' j��j ...... ...........
Name of owner of premises ..........1.11 N1 i `i....L.:....�% E ..................................................
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
..................................................
(Nape and title of Corporate officer)
Builders License No . .........................
Plumbers License No . .........................
Electricians License No . .....................
Other Trade's License No . ....................
LLocation of land on which proposed work will be done....'..............................................................
................ 7.a1...0�%... ..................................cC.......................................
House Number Street®®
Hamlet
Canty Tax Map No. 1000 Section ............ Block .....
Lot ... 2'..........
Subdivision ...................................... Filed Nap No. ...............
lot ...............
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of Copst,Tq
a. Existing use and occupancy .........................................
�...
b. Intended use and occupancy .....
.......
/ )
TOWN OF SOUTHOLfs"ga j
APPEAL FROM DECISION OF BUILDING INSPECTOR 2899 APP L NiO.'%O9
TO THE ZONING BOARD OF APPEALS, TOWN OF SO/UQTHOLD1 N. Y r7
I, (We) EIrhrG.. °F._�..f?.4.MRS.. `-OS.«:..of C/.O.II�1L.�t/rA1.n ......... .
Name of Appellant Street and Number
........ HEREBY APPEAL TO
...............................................................(N.�I
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING. INSPECTOR ON
APPLICATION FOR PERMIT NO......' ...DATED .....S LLAI-9.9 ..........................
WHEREBY .THE BUILDING INSPECTOR
-TDENIED TO
Name of Applicant for npermit
of...... ...Q.M;4 V.�7.U.fD:......:1 �!. �L..... .......:..
Street and Number Municipality State
( ) PERMIT TO USE
( )
PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ..74 4. . ijq+ r'�R9.ft„r,�tjS;Tct+„cjc,D
Street /Hamlet / Use District on Zoning Mop
District 1000 Sections) Block t}Lot
.:.Current Owner�om2e Loser
...........�ictR.—i—f ...... ......
Map
Arnerd No.'i O��a
-Loti No. prior Owner
A o iJ s
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
sectionandParagraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article?(X III Section loo - a39. q 3
3. TYPE OF APPEAL Appeal ismade herewith for (please check appropriate box)
( ✓S A VARIANCE to the Zoning. Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3 -
4. PREVIOUS APPEAL A previous appeal OwJ (has not) been made with respect to this decision
of the Building Inspector or with respect to this. property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No.................................Dated..........................................................
REASON FOR APPEAL
• ( ) A Variance to Section 280A Subsection 3
(✓) A Variance to the Zoning Ordinance
is requested for the reason that S e- e 'X
a
3. Nature of cork (check which applic�a): New Building ....... Addition ... Alteration ..........
Repair............ Removal ...... ,..... Demolition ............ Other Wor&'..................................
(Description)
4. Estimated Cost ......................... fee..............................................
(to be paid on filing this application)
5. if dwelling, number of dwelling units ............ Umber of dwelling units on each floor ................
Ifgarage, number of cars ......................................
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ......................
7. Dimensions of existing structures, if any: Front ................ Rear ............... Depth ..........
Height......................... Nmber of Stories ......................
Dimensions of same structure with alterations or additions: Front ............... Rear ...............
Depth ..................... Height .................... Number of Stories ................'
3. Dimensions of entire neva construction: Front ................ Rear ............... Depth ..............
Height ......................... Number of Stories .....................
9. Size of lot: Front. .................... Rear .................... Depth ..............:.....
10. Date of Purchase ..................... Nae of Former Owner .....................-...................
IL Zone or use district in which premises are situated...............................................................
12. ..Does proposed construction violate any zoning law, ordinance or regulation: ........................
13. Will lot be regraded .................... Will excess fill be removed from premises: YES NO
14. Names, of owner of premises ........................... Address .............................. Phone No. .............
Name of Architect .................................... Address ..... ......... ...............Phone No. ...
Name of Contractor ................................... Address ............................... Phone No....
15. Is this property within 300 feet of a tidal wetland? * YES .......... M ..........
*1F YES, SOl1MD MW UMSMES PMflT MAY BE REWMM-
PLOT DIAGRAM
locate clearly and distinctly all buildings, whether existing or proposed,, and indicate all set -back dimensions
Fran property lines. Give street and block nmmher or description accordiog'to deed, aid�show street nares and indicate`'' '
whether interior or corner lot.
alto q beef 2S -C t) iz AvlL ji0 ,fa ,n mFF qeiaoa CrvP/
(o�mwtDT�te1e orJ ATCt�t� Svr've(�
i
TME OF 1451 71
Com) S.S
XAN1Y OF .... ............
:R.; being duly sworn, deposes and says that he is the applicant
Name of indivi' signing contract)
bove named,
feis the .................................................
- - (Contractor, agent, corporate officer,.etc.) --
f said owner or owners; and is duly authorized to perform or have performed the said wrk and to make and file this
pplication; that all statements contained in this application are true to the best'of his knowledge and belief; and
list the wrk will be performed in the manner set forth in the application filed therewith.
Worn to ��effoyyre, me this �. (}
�Q.:.......da of . .1. .......19....`.. /
Notary Public .. ........
'TE M COONS (Sd tore of
bhc. State of New York
6005734
in Suffolk County
on Expires April 20 . nXDO
REASON FOR APPEAL
A Variance to the Zoning Ordinance is requested for the reason that
the 17' x 25' "as -built" deck was constructed approximately 64' from the bulkhead. The
'setback required under the current zoning code is 75`.
1. An undesirable change will NOT be produced in the character of the
neighborhood or a detriment to nearby properties, if granted BECAUSE:
the deck is not visible from the street and is set, at its highest point, approximately 1'
above grade. It causes no obstruction of view from either adjoining property.. The
setback from the bulkhead is consistent with setbacks of improvements to other
properties in the area. The existence of the deck causes no increase in the density of
utility of the property.
2. The benefit sought by the applicant CANNOT be achieved by some method,
feasible for the applicant to pursue, other than the area variance BECAUSE:
the removal of 9' of the deck would result in a disproportionate deck of approximately 8'
x 25', which would be not only unsightly, but cumbersome in its utility.
3. The amount of relief requested is not substantial BECAUSE
only the seaward 9' of the deck is not in compliance.
4. The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district BECAUSE
its presence causes no disturbance to the bluff or bulkhead. The lawn area around the
deck is stable. No further extension of the deck is contemplated.
5. Has the alleged difficulty been self-created?
X) Yes_
` ( ) No.
6. 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.
SPATE OF NEW YORK)
COUNTY OF SUFFOLK)
(Applicant)
Agent must attach written consent from owner.
Sworn to before me thisx"dav of May, 1999.
2,L
Notary Public
tdliiAFiYPU YNM �WdQuwwd 111'�A
Alo.Ot
T ExpitmMard il,020 . -
ti
- - TOWN OF SOUTHOLD P OPERTY RECORD CARD
OWNER
STREET
VILLAGE
DISTRICT
t SUB:
LOT �--�
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ACREAGE
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TYPE OF BUILDING
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SEAS:-
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COMM.
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IMP.
TOTAL
CSG Ga7
DATE
REMARKS
i
$oLA Y9oao..D, CRPAS i i.�We Z 7"1-osiy Jff-io 3 411
60L
AGE
BUILDING CONDITION
NEW
Farm
NORMAL
Acre
" BELOW
Value Per Acre
ABOVE
Value
Tillable 1
Tillable 2
Tillable, 3
Woodland
---
—
—
Swampland
--
--
-- --
-
--
--
Brushland
----
—
House Plot
--
Tota
3
M. Bldg.
o T7,
„i �._ i
�{�c o.
_ L 9 /_
Foundations.
cit""._
Bath
Extension
,C , r <1f r —
,300
./ ,Sra
Basement
U t
Floors
Extension
a
Ext. Walls
Interior Finish
Extension
Fire Place
Lx"
Heat
77.0
.,}`6
p
,2 ! �.'� Porch
�'u.c. 'x �..._.,
Attic —
-
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Breezeway-
Patio
Rooms 2nd Floor
^--
Garage
�Lvlel,Driveway
j
—
----
-------
_
-
--
1
-------------
FUL 1 51999
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
1
July 9, 1999
STEPHEN M. JONES, A.I.C.P.
DIRECTOR OF PLANNING
Pursuant to the requirements of Sections A 14=14 to 23 of the Suffolk County Administrative Code, .
the following application(s) submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county -wide or
inter -community impact(s). A decision of local determination should not be construed as either an .
approval or a disapproval.
Applicant(s) cants Municipal File Number(s)
Rose, Douglas & Amy
Wiggin, Merlon E.
Richards, Alan & Louise
Shapiro, Barry
McGough, George & Eileen
Morrison, Mike/Chituk Pools
Briggman, Richard
vLosee, Thomas
Davids, Curtis
0.
GGN:cc
C:1111 CCIZONINGIZONINGIWORKINGILDSWUNISD4672.JUN
LOCATION
H.. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
4672
4689
4690
4694
4696
4703
4706
4709
4711
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
MAILING ADDRESS
■ P. O. BOX 6 100
HAUPPAUGE, NY 1 1 788-0099
■ (516) 853-5190
TELECOPIER (5 1 6) 85374044
i
COD
Oy
BOARD OF APPEALS
. (1-516) 765-1809 tel. TOWN OF SOUTHOLD
(1-516) 765-9064 fax
BoardPof els of XIV of the S�iffolk County �inistrati,
to the Suffolk Countyown of Southold, New York, h fie, The
Planning Ccnmissicn• � ' rerers the following
XX Variance from the Zoning Code, Article XXIII
Section 100-230.4B
Variance from Determination of Southold Town Building Inspector
Special Exception, Article
Section
Special Permit
A p p e a l NO: 4709
Applicant: Thomas Losee
Location of Affected Land: 7425'Nassau Point Rd., Cutchogue, NY
County Tax Map Item No.: 10 00 - 118-4-2
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay, Sound or Estuary)
State or County Road, Parkway, Highway, Thruway
Boundary of Existing or Proposed County, State or Federall Owne
Boundar y d Land
y of Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right -of -Way of any Stream or Drainage Cha
the County or for which the County has established Channel Lines, Owned by
Within One Mile of a Nuclear Power Plant s, or
Within One Mile of an Airport
Comments: Applicant is requesting permissio .
n , tSt4 for an "as built" deck
with an insufficient sef�ack from the bulkhead
opies o own
Dated: July 8, 1999
e an re ate ocuments enc
ose or your review.
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
BOARD OF APPEALS
TOWN OF SOUTHOLD
July 7, 1999
Catherine Mesiano, Inc..
12 Mill Pond Lane
East Moriches, NY 11940
Re: Appl. No. 4709 - Losee (Variance)
Dear Mrs. Mesiano:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
Enclosed please find a copy of the Appeals Board's determination rendered,
with condition, at the Board Meeting held July 1, 1999.
Please be sure to .follow-up with the Building Department (765-1802)
regarding issuance of the building permit.- A copy of this written determination
has also been furnished to the Building Department for placement in its pending
application file and update.
Enclosure
Copy of Decision to:
Building Department
Decision filed 7/7
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
0
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PO Box 801, East Moriches, NY 11940 27 Clusterpine St, Medford, NY 11763
(516)878-2290 •(516)878-0169(Fax) (516)289-7350
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Lothar K. Reissig, LS Roy K. Reissig, PE
License No. 49250 License No. 063125
PO Box 801, East Moriches, NY 11940 27 Clusterpine St, Medford, NY 11763
(516)878-2290 •(516)878-0169(Fax) (516)289-7350
Umtnizeddter2tmQathimwthss vyisaWdahmdsedmT20BdteNmYcrk _ SUFFOLK COUNTY TAX MAP &rvey of A CUT C H r) G U E
stleearabor,lav ippqozad 0f:SOUTHOL 17 Canty of StffolK NY
OpesdtissrveyrWnot be'Mngtheland simdsirk®dsad Qarha%edsed stdlrot DIST. SECT BLK LOTS 1
becasdaedtobeaAidhecoW Mapd:CAMENDED MAP ;6C OF NASSAU POINT
QiaatBEr. irdated taem tell rtn aiy tD the palm fu vftn* a sway is prglaed aid
m hs bdtdf 1b he He arrpery, g nyretd egwuy and le drg Iraftfim lisied hmzv ad
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4:
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR. OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK
RE: ZONING APPEAL APPLICATION #4709 - Thomas Losee Estate
DATED: May 25, 1999
Transmitted herewith is Zoning Appeal No. 4709 - submitted by Paul
Caminiti as agent for the Estate of Thomas Losee together with
Southold Town Building Department Notice of Disapproval, Reason for
Appeal, Southold Town Building Department Notice of Disapproval,
Application for Building Permit, photograph of deck, Letter from Paul A.
Comminiti confirming that a contract of sale was entered into between
the estate of Thomas P. Losee and Robert Drews and Robin Sagon,
Town Trustee's letter that it was determined it was out of the Trustee
Wetland jurisdiction, Letter of NonJurisdiction-Tidal Wetlands from NYS
Department of Environmental Conservation, Applicant Transaction
Disclosure Form, Questionnaire for filing with the ZBA application,
amended map showing where proposed project is located.
Elizabeth A. Neville
Southold Town Clerk
Catherine Mesiano, Inc.
12 Mil Pond Lane
East Moriches, NY 11940
LAW OFFICES
CAMINITI & GIBBONS, L. L.P.
54075 MAIN ROAD COR. BECKWITII AVE.
P.O. BOX 846
SOUTHOLD, N.Y. 11971-0846
(516) 765-5900
April 8, 1999
RE: SALE OF 7425 NASSAU POINT ROAD, CUTCHOGUE, NY
SELLER: ESTATE OF THOMAS P. LOSEE
PURCHASERS: ROBERT DREWS & ROBIN SAIGON
Dear Cathy:
'FAX. NO. (516) 765-5902
IRWIN R. KAPLAN
OF COUNSEL
This is to confirm that we have entered into a contract of sale of the above
referenced premises to Robert Drews and Robin Sagon and that your firm, as agent for
the Estate of Thomas P. Losee, is hereby authorized to proceed on behalf of the estate
for the filing any necessary permits to obtaining a Certificate of Occupancy for the deck
at the above referenced premises.
PAC/jc
Very truly..your , -
CAMINITI I ON;
MINITI
LLP
1
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E-MAIL: cgLLP@peconic.n
r
PAUL A. CAMINITI
JOSEPH H. GIBBONS
BETSY PERKINS
—
LEGAL ASSISTANT
n i
F
Catherine Mesiano, Inc.
12 Mil Pond Lane
East Moriches, NY 11940
LAW OFFICES
CAMINITI & GIBBONS, L. L.P.
54075 MAIN ROAD COR. BECKWITII AVE.
P.O. BOX 846
SOUTHOLD, N.Y. 11971-0846
(516) 765-5900
April 8, 1999
RE: SALE OF 7425 NASSAU POINT ROAD, CUTCHOGUE, NY
SELLER: ESTATE OF THOMAS P. LOSEE
PURCHASERS: ROBERT DREWS & ROBIN SAIGON
Dear Cathy:
'FAX. NO. (516) 765-5902
IRWIN R. KAPLAN
OF COUNSEL
This is to confirm that we have entered into a contract of sale of the above
referenced premises to Robert Drews and Robin Sagon and that your firm, as agent for
the Estate of Thomas P. Losee, is hereby authorized to proceed on behalf of the estate
for the filing any necessary permits to obtaining a Certificate of Occupancy for the deck
at the above referenced premises.
PAC/jc
Very truly..your , -
CAMINITI I ON;
MINITI
LLP
Albert J. Krupski, President
James King, Vice -President
Henry Smith
Artie Foster
Ken Poliwoda
April 9, 1999
Catherine Mesiano,
12 Mill Pond Lane
East Moriches, N.
RE: THOMAS LOSEE
SCTM #118-4-2
Dear Ms. Mesiano,
t �
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Inc.
Y. 11940
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
The Southold Town Board of Trustees reviewed the survey dated
and received in our office on April 5, 1999 and determined that
the construction of a 17.3' X 25.5' deck onto an existing house,
to be out of the Trustee Wetland jurisdiction, under Chapter 97,
of the Town Code.
However, any activity within 75' of the Wetland line would
require permits from this office.
This determination is not a determination from any other agency.
If you have any further questions, please do not hesitate to
call.
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
cc. Bldg. Dept.
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Inc.
Y. 11940
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1892
Fax (516) 765-1823
The Southold Town Board of Trustees reviewed the survey dated
and received in our office on April 5, 1999 and determined that
the construction of a 17.3' X 25.5' deck onto an existing house,
to be out of the Trustee Wetland jurisdiction, under Chapter 97,
of the Town Code.
However, any activity within 75' of the Wetland line would
require permits from this office.
This determination is not a determination from any other agency.
If you have any further questions, please do not hesitate to
call.
Sincerely,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/djh
cc. Bldg. Dept.
New York State Department of Environmental Conservation
Building 40 - SUNY, Stony Brook, New York 11790-2356
Telephone (516) 444-0365
Facsimile (516) 444-0360
LETTER OF NONJURISDICTION -TIDAL WETLANDS
Paul A. Caminiti, Esq.
Caminiti & Gibbons, L.L.P.
54075 Main Road Cor. Beckwith Avenue
P.O. Box 846
Southold, New York 11971
Dear lair. Caminiti:
Date: April 23, 1999
RE: 1-4738-02275/00001
AM
Imbue
John P. Cahill
Conmtissioner
Estate of Thomas Losee
7425 Nassau Point Road
Cutchogue on Little Peconic Bay
SCTM No. 1000-118-4-2
Based on the information submitted, the New York State Department of Environmental Conservation
has determined that the property landward of the bulkhead, constructed prior to 9/20/77 and greater
than 100 ft. in length, as shown on the survey prepared by Roderick Van Tuyl, P.C. dated 7/15/76, is
beyond Article 25 jurisdiction.
Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 66 1)
no permit is required under the Tidal Wetlands Act. Please be advised, however, that no construction,
sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional
boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary
precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground
surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such
precautions may include maintaining adequate work area between the tidal wetland jurisdictional
boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence,
barrier, or hay bale berm.
Please be further advised that this letter does not relieve you of the responsibility of obtaining any
necessary permits or approvals from other agencies.
Very truly yours,
Z), 444,W;.44.161
Permit Administrator
cc: Catherine A. Mesiano, Catherine Mesiano Inc., 12 Mill Pond Lane, East Moriches, NY 1 1940
Bureau of Marine Habitat Protection, NYSDEC
File
DMG
APPLICANT
TRANS LONA[. DISCLOSURE- FORM
YOUR NAME: LOSee-, �fhoma5 2. ) r• F� j (S=cZ "z -
(Last name; first name, middle initial, unless
you are applying in the name of someone else or
other entity, such as a company. If no, indicate
'the other person's or company's name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax grievance
Variance
Change of zone
Approval of plat
Exemption from plat or official map
Other
(If "Other," name the activity.)
Do you personally (or through your company, 'spouse, sibling,
parent, or child) have a relationship with any officer or
employee of the Town of Southold? "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 A
If you answered "YES," compleL•e the balance of this form and
date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicant)
and the town officer or employee. Either check the
appropriate line A) through D) and/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 greater than 5% of the shares or the
corporate stock of the applicant (when the applicant
is a corporation);
B) the legal or beneficial.owner o,f any interest in a
noncorporate entity (when the applicant is riot a
corporation);
C) an officer, director, partner, or employee of the
applicant; or
D) tire actual applicant.
DESCRIPTION Or RELATIONS11117
Submitted t is day of- j 1993
Signature �'`��"�
Print name_6f}T/l6%Z1Nc n96:,5/A✓Jb
6 3 T A'T E 0 �p P. !
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate m (
sheet may be attached.)
O
a.a P. �_65ee ,.iR. XeLUTo(_
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? (Al Yes''
{ } No. (If Yes, please attach copy of "conditions" of sale.)
' in Con --,rack
C. Are there any proposals to change or alter land contours?
{ } Yes cA No
D. 1. Are there any areas which contain wetland grasses? r\o
2. Are the wetland areas shown on the map submitted with
this application?
3. Is the property buhee e
Lkd between the wetlands area and
the upland building area?e�—
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction?
l e{{er o non -3c 6,5dic} '6 r\ a;MtCqeJ
E. Is there a depression or sloping elevation near the area or
proposed construction at or below five feet above mean sea
level? n,e., (If not applicable, state "N.A.") .
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting? n on_ If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? r.a _ If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? 00 If yes, please explain where or submit copies
of .deeds .
I. Please list present use or operations conducted at this
parcel 5in5e_ dweliVC� and
proposed use
3/87, I0/9OI$
APPEALS BOARD MEMBERS,.
L�• Vr
(� �Geard P. Goehringer, Chairman
James Dinizio, Jr.
n, Lydia A. Tortora
Lora S. Collins
George Horning
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516).765-9064
hone (516) 765-1809
AR. V T p.,r) �� FIL.RD BY
U1110
LD
OF APPEAL T � "dUT
TOWN OF SOUTHOL L.D Tovilld CLE1,X
lag T liO,
MINUTES
THURSDAY, JUNE 24, 19 Ta;��n Cly
REGULAR MEETING _ °1 �oufl�ald
A Regular Meeting of the SOUTHOLD TOWN BOARD OF APF
Southold Town Hall, 53095 Main Road, Southold, New York 11971, on
1999 commencing at 6:35 p.m.
Present were:
Gerard P. Goehringer, Chairman
Lydia A. Tortora, Member
Lora S. ColIins,.Member
George Horning, Member
Linda Kowalski, ZBA Secretary.
Absent was: James Dinizio, Jr., Member
6:40 p.m. Chairman Goehringer called the meeting to order.
I. SEQRA RESOLUTION:
A. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly
carried, to declare the following projects as "Type _II Actions" (no further steps under
5EQRA) for the following setback, lot area, building length, and/or accessory use projects:
#4696 - George and Eileen McGough
#4697 -Fred and Mary Milner
#4698 - William Lieblein
#4.699 - Lisa Jerome
#4702, - Dan and Madeline Abbott
#4703 - Mike Morrison
#4704 - James Hunter
#4705 - Raymond Mitchell
#4706 - Richard Briggman
#4707 - Nancy Wellin
#4708 - Mark Lieb
44709 - T. Losee'
#4710 - J. Frazzitta.
#4711 - C. Davids.
M
M
Page 2 — Minutes
Regular Meeting of June 24, 1999
Southold Town Board of Appeals
#4662 - P. Rushin & Motley.
This Resolution was duly adopted (4-0).
B. COORDINATION LETTERS:
Mattituck Library, - Planning Board, -Lead Agency/Unlisted Action Designation and
coordination letter (for all involved agencies). Reviews pending.
II. PUBLIC HEARINGS:
6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under
Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998
Notice of Disapproval (updated January 27, 1999) regarding a building permit application to
convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery,
disapproved for the reason that retail sales and a gallery for public viewing in the accessory
building is not a permitted use in this A -C Zone. Location of Property: 100 Sound Avenue,
Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances were made.) Applicant, by his
agent Proper -T Services, Inc., requested a postponement. Motion was made by Chairman
Goehringer, seconded by Member Tortora, to recess the hearing to the July 22, 1999
hearings calendar, pursuant to applicant's request.
r
VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Horning. (Member
Dinizio was absent.) This Resolution was duly adopted (4-0).
PUBLIC HEARINGS, CONTINUED:
6:38 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver
under Chapter 100, Article II, Section 100-26, for a substandard (vacant) lot known as 275
Village Lane (west side.), at Mattituck, NY, situated approximately 122 feet north of the Main
Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a
building permit and the Building Department's March 22, 1999 Notice of Disapproval which
states that Article II, Section 100-25 merged this lot with. an adjacent house lot to the west
referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. Richard F. Lark,
Esq. spoke in behalf of the application. Also present was Mrs.. Steele. ' After receiving
testimony, motion wasmade by Chairman Goehringer, seconded by Member Tortora, and
duly carried, to close the hearing. This Resolution was.duly adopted (4-0).
IV. AGENDA ITEM:
A. Motion was made by Member Tortora, seconded by Member Horning, and duly carried,
to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0).
B. Code Committee Sessions (none, scheduled).
JUN
�199g
ZONING BOARD OF APPEALS I�
TOWN OF SOUTHOLD:NEW YORK ; f
In the Matter of the Application of
AFFIDAVIT
A 00 I homy -s Lowe_,
(Names of Applicants) MAILINGS
Parcel ID #1000-
------------- ---- ---------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, C,4ttfr/L#Au6 1-16514Nresiding at /oL' m ALL Pv"�d
New York, being duly sworn, depose and say that:
�; rY1c32ICM�5 -
On the JS day of �. - , n 9911 personally mailed at the United
States Post Office in f'c�,�,# li2du�. , 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 (4 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.
(signature)
Sworn to before me this
day of
(Notary Public)
PLEASE list, on (lie back of this Affidai�it or on a sheet of paper, the lot numbers next
to the owner names and addresses for which notices were mdiled
Thank you.
1000-1184-1
Charles E Fraser
7325 Nassau Point Road
Cutchogue, NY 11935
1000-115-4-3
Christian & Carol Zimmer
173 Wellington, Road
Garden City, NY 1150
1000-118-3-4.1
John F. Stack
1105 Park Avenue
NY, NY 10128
1000-118-3-3.1
John F. & Gail L. Hanley
33 Daly Ct.
Riverhead, NY 11901
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
In the Matter of the Application of
146MAS
(Name of Applicant)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- J 1.9 - y - 2--
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
1�zl
AFFIDAVIT
OF
POSTING
I, fH E2i1V C- M66residing at M ic.c ,baa J-'4.
New York, being duly sworn, depose and say that:
�. v21c 1+65
On the / day of V&n 4 ,19_", I personally placed the Town's
official Poster, with the date of hearing and nature of my application, in a secure
position upon my property, located ten (10) feet or closer from the street or right-of-
way - facing the street or facing each street or right-of-way abutting this property;*
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 ing date was sho o be '
k lag I 9q
(Signature)
Sworn to before me this
day of _ , 19_
(Notary Public)
*near the entrance or driveway entrance of my property, as the area most visible to
passersby.
yptl fiNCE?"%�s13u.LT"_DE�K-�tttKf/EAASET,89
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
OWNER(S) OF RECORD:
T�MAS 1-.-OSE-c
DATE OF PUBLIC HEARING:
r: 6 o ?* 01"0
If you have an interest in this project, you are. invited to view the Town files)
which are available for inspection prior to the day of the hearing during normal
business days between the hours of 8 a.m. and 4 p.m
BOARD OF APPEALS 9TOWN OF SOUTHOLD (516) 765-1809