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APPEALS BOARD MEMBERS
y 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 SEPTEMBER 1, 1999
Appl. No. 4732 - RICHARD OTOOLE 1000-122-4-10
STREET & LOCATION: 2280 Ole Jule Lane, Mattituck
DATE OF PUBLIC HEARING: August 18, 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 17,500+- sq. ft. in area
with 125 ft. frontage along the westerly side of Olejule Lane and a depth of 210 feet along the
northerly side property line and 200 feet along the southerly side property line, in Mattituck. The
lot is improved with a single-family dwelling situated 44.4 feet from the front line along Olejule
Lane, 12.8 feet from the southerly property line and 78+- feet from the bulkhead at its closest
point.
BASIS OF APPLICATION: Building Inspector's July 1, 1999 Notice of Disapproval citing Article
XXIII, Section 100-239.4B of the Zoning Code for an application to build a 20 ft. by 40 ft. in -
ground swimming pool within 75 feet of the bulkhead.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 20' x 40' in -ground
swimming pool in a location shown on the Ehlers survey of August 17, 1999, as follows:
East side parallel to easterly property line at a distance of 21 feet.
South side parallel to the rear wall of the house at a distance of
34 feet; closest point to the bulkhead at southwest corner of the
pool at a distance of 22 feet measured on a line perpendicular to
the bulkhead.
(No ctlier areas are noted in the Notice of Disapproval, which is the basis of applicants' request.)
REASONS FOR BOARD ACTION DESCRIBED BELOW: Based on the testimony and record before
the Board and personal inspection, the Board makes the following findings:
The shape of applicant's yard and location of the house result in there being no room
for a pool that satisfies the requirement for a 75 -ft. setback from the bulkhead. Thus,
applicant needs a variance in order to construct a pool of any sort.
2. The requested variance, for a setback of only 22 feet at the closest point to the
bulkhead, is substantial. However, at the hearing of August 18, 1999, applicant indicated
a willingness to consider alternative locations.
3. Grant of the relief set forth below will not produce an undesirable change in the
c
Page 2 - September 1, 1999
ZBA Appl. No. 4732 - R. 0 Toole
Parcel 1000-122-4-10 at Mattituck
character of the neighborhood or detriment to nearby properties because any pool
constructed will have to be in a location that is fairly close to the house, not prominently
visible to the neighbors and not visible from the street.
4. There is no evidence that grant of the relief set forth below will have an adverse effect
or impact on physical or environmental considerations.
5. The grant of the relief set forth below is the minimum action necessary and adequate to
enable applicant to have the benefit of a pool while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
On motion by Member Collins, seconded by Chairman Goehringer, it was
RESOLVED, to DENY the variance applied for and to GRANT ALTERNATIVELY a variance
authorizing construction of an in -ground pool located no less than 40 feet from the bulkhead at the
closest point, such measurement to be taken on a line perpendicular to the bulkhead and running
to the edge of the pool, or, if there is any raised border around the pool, to the edge of such
raised border.
Vote of the Board: AYES: Goehringer, Dinizio, Tortora, Collins. This Resolution was duly
ADOPTED (4-0). (Member Horning of Fishers Island was absent.)
GERARD P. GOEHRIN R, CHAI AN
Filing about 9/3/99
r� s
Town Clerk, Town of Southold
s�488T&tl
STATE OF NEW YORK)
a 4 )SS:
` COUNTY OF S FOLK)
(S of Mattituck, in said
t' county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, ; a
-. weekly newspaper, published at Mattituck, in
the Town of Southold, County of Suffolk and
State
the a
larly
week
Sworn to beforem
day of GLu
rincipal Clerk
Z
J
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE; July 1, 1999
TO Catherine Mesiano A/C O'Toole
12 Mill Pond La.
E. Moriches NY 11940
Please take notice that your application dated June 22, 1999
For permit to Construct an accessory inground pool at
Location of property 2280 Ole Jule Lane Mattituck
County Tax Map No. 1000 -Section 122 Block 4 Lot 10
Subdivision Filed Map # Lot #
Is returned herewith and disapproved on the following grounds; Pursuant to Article 3XIII Section
five) feet of a bulkhead and does not meet any of the exceptions to the Code.
Authorized Signature
Examined ..............:... 19....
FORM NO.
TOWN OF SOUTHOLD,
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL: 765-1802
Approved .................. 19.... Permit No. ................
Disapproveda/c ..................................
BOARD OF HEALTH ...............
3 SETS OF PLANS ...............
SURVEY ........................
CHECK .........................
SEPTIC FORM ...................
NOTIFY: C.N651At,J0
CALL . �.�?�_ , 51......
MAIL TO: i2 Ill 1l,Qo N D t— 4 .
�
r,. f ' f i RR ? (Building inspector)
�� APPLICATION FOR BUILDING PERMIT /
ii t 1 Date. P.� .......... 199..
L p,p� D I INSTRUCTIONS
EPT
TOWN r1F rni r n... _
a. This application � bd completely filled in by typewriter or in ink and submitted to the Building Inspector c
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 must be drawn on the diagram which is part of
this application.
c. The work covered by this application my not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such
pe.mit shall be.kept on the premises available for inspection throiglwut the work.
e. No building shall be occupied or used in whole or in part for any. purpose whatever until a Certificate of
Ocanpaocy shall have been granted by the Building Inspector.
APPLICATION IS HEMMY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein
described. 'Hue, applicant agrees to comply with all appiieable lac:., ordinances, building code, bowing code, and
regulations, and to admit authorized inspectors on premises and in buulilding� for necessary inspections
(Signature of applicant, or Mme, if a corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or built
........ A4t��...pn-...ASn ..
Name of owner of premises .... ` �� C4i.� .....%` Y✓.....Y .I`�....................................
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
.........................................................
(Name and title of corporate officer)
Builders License No . .........................
Plumbers License No . .........................
Electricians License No . .....................
Other Trade's License No . ....................
I: Location of land on which proposed work will be done.............................................................
JOU.....t .............................
House Number Street Hamlet
County Tax Map No. 1000 Section ... ....... Block .. .. ..... Lot .1.0 ........
Subdivision ...................................... Filed Map No. ............... Int ...............
(Name)
2. State euristirg use and occupancy of premises and intended use and occupancy of p motion:
so$wc1l1 i
a. Existing use and occupancy •...� .............
b. Intended use and occupancy..Cltl1� ..
.. a�.. X.I.d. .. ....
n..u,re v. wtK kuwcK Muer app►rcaDle): Net Ifuilding........... Addition .......... Alteration ..........
Repair ............ Reooval•.........'..... Demolition ............ Other Work C1�1i�.. paw.........
(Description) -
15
Estimated Cost .:....j..o.ao ............... fee ............................. .......... ........
(to be paid on filing this application)
If dwelling, number of dwelling units .:�.�...,., ilaber of dwelling units on each floor ................
Ifgarage, number of cars .....r :..............................
If business, commercial, or 'nixed occupancy, specify nature and extent of each type of use : :...................
Dimensions of existing structures, if any: Front..r �0):. ! ...... Rear .5.(z:.:?....... Depth ...3..-.7........
Height .,......... Number of Stories ..(: 3 ..............
Dimensions of same structure with alterations or additions: Front ............... Rear ...............
Depth .................... Height .................... Nnnber of Stories ...............
Dimensions of entire new construction: Front ...2 U ........ Rear o2 U Dep
Height ......................... Number of Stories .....................
Size of lot: Front ........... ....... Rear ../
.1. -1 .............. Depth ..r% � �............
Date of Purchase JI
� � (] ?.I .............. Nae of Former Owner ........................................
Zone or use district in which premises are situated..JC...LL
..TI\ ....................................................
Does proposed construction violate any zoning law, ordinance or regulation:
Will lot be regraded ....r: U .......... Will excess fill be removed from premises: � v NO
Names of Owner of premises Lt ? ...� . �7Y �4 .. Address Jr�. h �P � ?? :. 3 La «v /� .. Rtwre No.
Naeof Architect .................................... Address .............................. Phone No. ..............
Name of Contractor �eviwtrn2 0� ymY( ......... Address ...............................Phone No. ..............
Is this property within 300 feet of a tidal wetland? * YES ..k ..... N0 ..........
*IF YES, SOIA110M MWN TMSITM PERMfI' MAY BE MWIM.
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whetber existing or ;proposed, and indicate all set -back dimensions
m property lines. Give street and block neer or description according to deed,, and slew street names and,indicate
ether interior or corner lot.
5�e-
aE ar NSI yow, IS
wry OF ��.F.i .apt<.........
C........ fav ...(y $Js9 ..• ......................being duly sworn, deposes and says that he is the applicant
xre of individual signing contract)
rve named,
_qqt�r
isthe .....A.6....................................................................................
(Contractor, agent, corporate officer, etc.)
said owner or owners, and is duly authorized to perform or have performed the said work and to sake and file this
plication; that all statements curtained in this application are true to the bestof his knowledge and belief ;"and
at the work will be perfonred in the manner set forth in the application filed therewith.
ern tq before me this J Ur 9
i
-W62
.. .....d of
Notary Public 5,,,! � .....................?_�_ j
-"—'—
(Sigmture of Applicant)
LYNDA M. BOHN
NOTARY PUBLIC State of New YO*
No.OIBb6020932
Qualified in Suffolk Courtly,
Term Expires March 8, 20 L
i
7/ 7/f
TOWN OF SOUTHOLD,JtjgW 16oj 9
APPEAL FROM DECISION OF BUILDING INSPECTY&O Clerk Soutilot((APPEAL No. 417!�
DATE :�. (.z(..._.......
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. \
1, (We) .( .%c`f tF , f2 , N S.r..1.".l.E. I*AN.G......of ....12...!.:.).1c iy d.?? Q. A ..................
Name of
Appellant A
• p Street and Number
.......................................................... N..L........ ......... HEREBY "APPEAL TO,
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO... ........................... DATED ...1 L4:119.4....... ....................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
LO U
..................
c�tree. C ...ST...........A.:1.: ..
StteeY and Number Municipality tote
( ) PERMIT TO USE
( ') PERMIT FOR OCCUPANCY
Zz a C2L9J '
1. :LOCATION OF THE PROPERTY ... ......... ........ �-A'
.. .........
Street /Hdmiet / Use District on Zoning Mop
District 1000 SectionjrZ Block14Lot Y gCurrent owner_jrgA_FZDa �9rti�c�N di OdLC
Mop No. Lot No. Prior Owner
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article XX 111, Section ►00- x34,•13
3. TYPE OF. APPEAL Appeal is made herewith for (please check ,appropriate box)
(✓f A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appear (Iasno 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
and was made in Appeal No.................................Dated ...........................
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
(�Q A Variance to the Zoning Ordinance
is requested for the reason that _
��ease 5ee� a�ch�.cl
Form zai
REASON FOR PPEAL Continued
I. T ICT APPLICATION OF THE ORDIN NCE would oduce practical difficu#ties or unneces-
sary DSHIP because
1 he hardship created is UNIQUE and is nshared b all -properties alike in the immediat
icinity of this property and in this use di rict because
i
3. e Variance would observe the pirit of a Ordinance and WOULD NOT CHAN THE
CHARACTER OF THE DISTRICT becaus
STATE OF NEW YORK )
ss 9
COUNTY OF ) Signature
Sworn to this ............ ................................ day of.. .....
............. ........................
Notary Public
J
r� . 7�
Richard Cy ogle 1000-122-4=10 7/7/99
REASUN FOR AYi EAL
A Variance to the. Zoning Ordinance is requested. for the reason that
*he appi.cant wtshrs to e +�-�t 0 s 40 o t 74 * ALT ea
2, pool within of he b .,l d a
the rear yard of the aforementioned property; To place the proposed pool more than 75'
I . the need to. remove :lie trees between the Ot f oolle property and the
:neighbor to the north.
Z. p acement of the pool in a location u.*ist tdole in practicality due to the
p! -o ty tp the home and the netff—hnor+ o how:
L An undesirable_ . M ifff AdE�'�° be profted:.in the ::chara character of the,
neighborhood or a dean ent to nearby properties, if gi=ant€( BECAi as
1 _ O eleari or ''hangs of grade is prqttxised;
2. 'ale proposed pool will not visib'ae iT - `` i*Jou.
3. The existing vegetation partially screens visibility of the pool from the
neighboring lots. v
4. There are pools on other lots in the neiehborbood, some within the 75'
buffer, as the applicant prates.
k. The benefit sought by the applicant CANNOT be achieved by some method,
.eta ---- -
lrcaaalslE fFrF the applicant cG piFF$nE. viliEF than iuE'aFca VarlauE2 BiCAuSE:
1, Other locations on the lot, including the front yard, are not ibasihle
locations to irstel a Wil.
2. A reduction in the size of the pool will not allow it to be situated outside
e the 75' biurfer are- with ami greater fasibility.
3. The amount of relief requested is not substantial BECAUSE
' 'yl'.e roposcd lite 25 C''32s"$tet t W:t}; the res:dextttKi C31a.'."aC*wt' Cif +.he
neighborhood.
'). No negative impact iC P ate( to iha surrounding properties o the tidal
wetlands.
I A ron of the tool does con -form to the Code.
d The variance will NOT have an adverse effect or impact on the physical or
environeuental conditions in the neigheeeheod or district BECAUSE
] No clearir�g Or change in Gracie is nrctgOserl,
2. No disturbance of airy wetlands is proposed.
S. Has the allege d-diffienity been self-eceateif?
3- No.
Richard OToole 1-000-1224-1.0
7/'x/99
6. this is the minimum that is necessary and adequate, and at the same time
preserve and protect the eharac:er et *.he neigh3zor'unod and the health, saitity au
welfare of the community.
QT 7E OF NEW YORI )
COUT
C NTY OF SUFFOLK)
Agent must attach w etcen consent from owner.
S1' orp to before: � ttlle � � of uU�v 1999_
Nota y Public
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SUFFOLK COUNTY TAX #
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1000-122-4-10
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CERTIFIED TO:
a Vte
RIGHARD O'TOOLE
a vIeae;e�.
his tehll� to the °Tl€;et eky,e
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KATHLEEN O'TOOLE
ao
GOMMONAEALTH LAND TITLE
o
INSURANCE COMPANY
LAND SURVEYOR
6 EAST MAIN STREET
N.Y.S. LIC. NO. 50202
NOTES:
AREA = 1-7,c12O S.F. OR 0.41 Ar—
Property lines derived from deed
LJ1672 Page 2-78
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JOHN C. EHL ERS
LAND SURVEYOR
6 EAST MAIN STREET
N.Y.S. LIC. NO. 50202
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287
REF.-TIGER\PROS\99-211
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JOHN C. EHL ERS
LAND SURVEYOR
6 EAST MAIN STREET
N.Y.S. LIC. NO. 50202
RIVERHEAD, N.Y. 11901
369-8288 Fax 369-8287
REF.-TIGER\PROS\99-211
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUN-TY OF SUFFOLK-
D
F SEP 31999
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES, A.I.C.P.
DIRECTOR OF PLANNING
September 9, 1999
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) Municipal File Number(s)
,,"O'Toole, Richard 4732
Donlin, Carole 4739
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G:\CCHORNY\ZONING\ZON ING\WORKING\LDS\SEPTnSD4732.SEP
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 61 00 ■ (5 1 6) 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044
7
BOARD OF APPEALS
TOWN OF SOUTHOLD
(1-516) 765-1809 .tel.
(1-516) 765-9064 fax
Pursuant to Article XIV of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Ccnmission:
XX Variance from the Zoning Code, Article XXIII Section 100-239.4B
_ Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal N o :
4732
Applicant:
Richard O'Toole
Location of
Affected
Land: 2280
Ole'Jule Lane., Mattituck, NY'
County Tax
Map Item
No.': 10 00 -
122-4-10
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 Federally Owned Land
Boundary of Existing or Proposed County, State or Federal Park or other
Recreation Area
Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by
the County or for which the County has established Channel Lines, or
Wi.thin'One Mile of'a Nuclear Power Plant
Within One Mile of an Airport
Comments: Applicant ;i s requesting permission.. to locate swimmingpool
within seventy five feet of bulkhead
Copies of Town file and related documents enclosed for your review.
Dated: Sept. 7, 1999
:;
APPEALS BOARD MEMBER -
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
Mrs. Catherine Mesiano
12 Mill Pond Lane
East Moriches, NY 11940
BOARD OF APPEALS
TOWN OF SOUTHOLD
September 3, 1999
Re: Variance Appl. No. 4732 - Richard O'Toole
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 Appeal Board's September 1, 1999
determination denying the applicant's request at 22 -feet from the bulkhead, and
chanting alternative relief as noted in the Resolution.
Please be sure to follow-up by submitting an amended plan (and any other
documents) with the Building Department (765-1802) regarding the next step in
the building permit review process. A copy of this written determination has been
transmitted to the Building Department for your pending application file and their
department's update.
Enclosure
Copy of Decision to:
Building Department
Decision filed 9/3
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
. / X999
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FILE NO•
JOB NO. 94 - 10 GILLUS
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SURVEYED FOR JOi ARG A R E T C OL S I N S
SITUATED AT M AT' T I TUCK COUNTY ,
TnWN OF SOl1T HCLD SUFFOLK
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30 DATE
SCALE 1•
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FILED MAP N0. _ 122_ 10 ref only
T AX M Ap NO 1000
HAROLD F. TRANCHON
LAND SURVEYOR METER
SUCCESSOR TO WILLIAM RIVER
NORTH COUNTRY ROAD WADING
NEW YORK 11792
(516) 929.4695
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••
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THE A;. :i1:iF.;.
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AREAS', ADDITION "' :l U.; JIWGS
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INSTIIi!TIONS t,•n SU3:'•CUENt
•,
UNAUTHORIiT.D AITEf.�.TION O�
c .wir
'.D0111ON 10 THIS SUNVEY IS A
CopICS N THIS EUR11Y MAP NOT
VIOLATION OF SECTION 7701 OF
YORK STATE [DiICATION
pE.1RIrI , 1NE IAND SURvE�'OR'S
OR EM!,OSSED SEAL
1,!C NEW,
TAW.
INKED SEAL
OHALI NOT ;,DEEED TO BE
TO
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GUARANTEED ONLY
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FILE NO•
JOB NO. 94 - 10 GILLUS
IJR and
SURVEYED FOR JOi ARG A R E T C OL S I N S
SITUATED AT M AT' T I TUCK COUNTY ,
TnWN OF SOl1T HCLD SUFFOLK
_ .S 199A
30 DATE
SCALE 1•
DATE disk
FILED MAP N0. _ 122_ 10 ref only
T AX M Ap NO 1000
HAROLD F. TRANCHON
LAND SURVEYOR METER
SUCCESSOR TO WILLIAM RIVER
NORTH COUNTRY ROAD WADING
NEW YORK 11792
(516) 929.4695
.,1 Infs contract all the unpaid in -
6A
r
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
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK
RE: ZONING APPEAL APPLICATION #4732 Richard O'Toole
DATED: July 15, 1999
Transmitted herewith is Zoning Appeal No. 4723 - submitted by
Catherine Mesiano, Inc. with authorization from Richard O'Toole to
submit an application on his behalf and confirmation, together with the
Southold Town Building Department Notice of Disapproval, Reasons for
Appeal, Southold Town Building Department Application for Building
Permit, Property Card, Survey with proposed project indicated,
Application Transactional Disclosure, and tax map of property.
Elizabeth A. Neville
Southold Town Clerk
n
iATHERINE MESIANO, INC.
Licensed Real Estate Broker
Real Estate Consultant
V
July 7. 1999
Town of Southold
Zoning -ward Cif Appeals
Main Road
UVLLLL1ViCi, ill l lYf i
Re: Richard O'Toole
2280 OleJule Lane
Mattituck, N Y
Gentlemen:
i have been auth^rized by Mr. Richard O'Toole to submit an application on his behalf f^:
a rear yard setback variance. Mr. O'Toole is seeking a -building Permit for a 20' x 40'
inorounrd noel within 75' of the bulkhead it the roar vnrrd of hie nhnvi- reLcrencerd
property. A Disapproval was issued by the building inspector on the basis that the
rnpnsPri nnnl ig not in ennfnrmity with the required setbacks ursuant to Article -X—XM
p r 1 jn-------- --- p
. 2`39.4-15
� �1 A .fT the
11 - Y Y Y m
Section 2`Jy.4t9 of the Southoia Town Zoning Coae.
Enclosed. please find the fQllnwing in connect on with the afiQve referenced variance,
appiivaciuti - - - - - - - - - - - -- - - - - - - - -
1. Notice of Disannroval.
n7 __L _�_
G. AI, plil- iVil.
3. Consent.
A. I.B.A. �ucsiiniul&irc.
5. Survey.
v. uingy GF in the aniu nt Vf p4vv.vv.
Thank you for your consideration.
Very truly yours,
Catherine A. Mesianv president
Enelgcwre.s
12 Mill Pond Lane • East Moriches, New York 11940 • 516.878.8951
y
a '
APPLICANT
TRANSACTIONAL DISCLOSURE PORN
The Town of Southold's Code of Ethics prohibits conflicts of
_interest on the part of town officers and employees, The
ur ose of this form is to Provide information which can
alert the town of pose ble conflicts of interest and allow
it to take whatever action is necessary to avoid same.
YOUR NAME t t
Last name, first name, middle inib ai, ,unless
you are applying in the name of someone else or
ether entity, such as a company. If no, indicate
the other person's or company's name.)
NATURE oh AppLICA
BION: (Cheek all that apply.)
Tax grievance
Variance
Change of zone
App paras of plat
EMption from plat or official map
other V/
(If "other, l' name the activity+ ) '�--fh 2 . I.�• PeyyVlll
Do you personally (or through your eompany, spouse-, n,ibiing,
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 Nd .
If you answered "YES,",complete the balance tit thin form and
date and sign where indicated.
Name of person employed by the mown 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 spousa,• sibling,.
parent, or child is (check all that apply)t
A) the owner of greater than 5% of the shares of the
corporate stock of the applicant (when the applicant
is a corporation)l
B) the legal or beneficial owner of any interest in a
noncorporate entity (when the applicant is not a
corporation)l
C) an officer► director, ptkrttter, or employee of the
applicant] or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
- __ __ - - - - _ _ _ i� f' 'i•.' •W t1 �..., � y�.: y 1 4'1 Irl/•ill .1 �. ..� '' .
submitted
signature
Print.n0mo,
6!9199 1'JUN 09 '99 02: 12PM BATTLE FOWLER LLFFrom C. Mesimno Inc.
RICHARD O'TOOLE
55 LOCUST STREET
FLORAL PARK, NSC' 11001
516-352-0685
Catherine Mesiano, hic.
12 Mill Pond Lane
East Moriches, NY 11940
RE: 2280 OLE JULE LANE, MATTITUCK
To R. O'Toole 1212-866.7810 p. 1,, 1
This is to confirm that your firm, as agent for Richard O'Toole.. is hereby authorized to
proceed on my behalf for the filing of any and all necessaiT penults for the construction of
an inground swimming pool at the above referenced address.
/
RICHARD O'TOOLE
DATED: June 9 , 1999
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLI
J
�[AUG&t �
CATION
A. Please disclose the names of the owners) and any other
individuals (and entities) having a financial interest in -the
subject premises and a description of their.interests:
(Separate sheet maybe attached.)
LIQ :A A n p i• I ATH GCs C3 N ()' TOOL&' t7 W Yl'e.1/
B. Is'the subject premises listed on the real estate market for
= sa;e or being shown to prospective buyers? { } Yes
{ } No. (If Yes, please attach copy of "conditions" of sale.)
C. Are.there any proposals to change or alter land contours?
{ } Yes {x} No
D. 1. Are there any areas which.contain wetland grasses? n o
2. Are the wetland areas shown on the map submitted with
this application? W5
3. Is the property buL eaded between the wetlands area and
the upland building area?
4. If your property contains wdtlands or pond areas, have
you contacted the Office of the Town Trus tees for its
determination of jurisdiction? 4cs
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? IO-. (If not applicable, state-"N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not,shown an the survey map that.you are
submitting? V�one If none exist, please state "none."
G'. Do you have any construction taking place at this time
concerning your premises? ten- 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 awn other land close to this.
parcel? 0— If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel 5 -C ejI I and
proposed use
WM M��Mlm
3/87, I0/90Ik
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
WEDNESDAY, AUGUST 18, 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 Town Hall, 53095 Main Road, Southold,
NY 11971, on WEDNESDAY, AUGUST 18. 1999 at the time noted below (or as soon
thereafter is possible):
6:45 p.m. Appl. No. 4732 - RICHARD OTOOLE. This is a request for a Variance
under Article XXIII, Section 100-239.4B based upon the Building Department's July 1, 1999
Notice of Disapproval regarding a pool in a rear yard location, at less than 75 feet from the
existing bulkhead. Location of Property: 2280 Ole Jule Lane, Mattituck, NY; Parcel
#1000-122-4-10.
The Board of Appeals will at same time and place hear any and all persons or
representatives desiring to be heard in the above application or to submit written statements
before the hearing is concluded. Each hearing will not start earlier than designated. Files are
available for review during regula'2 ,. Town Hall business hours (8-4 p.m.). If you have
questions, please do not hesitate to call 765-1809.
Dated: August 2, 1999. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER CHAIRMAN
By L. Kowalski
0
,,.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
----- .-------------------------- ----------x
In the Matter of the Application of
RIC9AIR) 0,_10 . C) C-ra
(Names of Applicants)
Parcel ID #1000- 122 - 4 - ) 6
------ ------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
CG P11 1999L�I
AFFIDAVIT
OF
MAILINGS
I, C�Ch� lid i✓ i'� c 51 p+ NO residing at I?- M,L-c- Po n» LA.
E- M o R-Ic R E - s , New York, being duly sworn, depose and say that:
A
On the � ,'III � A day of 0 1+ u Sr ,19_1, I personally mailed at the United
States Post Office in Soo-rrt v L_a ' , 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 Off -ice So v-rr,-oL p 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
17 day of e�. , 19`l% MARY ANN CYBUISKI
Notary Public, State of New York
Residing in Suffolk County -
No. 52-5895900
Commission Expires April 30, 1'9-21000
(No ary Public)
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.
PROOF OF MAILING OF NOTICE
_ATTACH CERTIFIED MAIL RECEIPTS
-
� ?�1' 2�3 � � ---- Address: �i
Z' �P 403 937 075
US Postal Service
P 4 ®'
US Postal Service
Reoeopt for CeRtMed MaH .
E
Post ark or Date
/_
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cn
vs�1�
Receapt loo° CaRtMed MaH
No Insurance Coverage Provided.
a
Q
Return ece awing to Whom,
Date, Addressee's Address
s�01
No Insurance Coverage Provided.
Do not use for International Mail See reverse
g�
TO L P& 1
I US Postal Service
�7
Do not use for International Mail_ See re
Sent to
Receipt pt for
ark or d
Sent to
Mlr—& Mrs. William G. Wilsberg
` BQx 1429
reverse
No Insurance Cov(
Do not use for Inte
Susanne Boera —
Sir 10 Garden Street
pMattituck Nl! fifi952
tee
-
cn
Sent to I
Pa Garden City, NY 11530—
Postage $
Certified Fee Q l
Special Delivery Fee
Robeft WI
2400 Ole
Matt'itUCK, Postage
Certified Fee—(�
Postage
Certified Fee
Special Delivery Fee
Restricted Delivery
ori
Return
Rec '
Whom
I Special Delivery Fee I I
Restricted Delivery Fe
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rn Return Receipt
'- whom & Dat
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® TOTAL Po tag
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Restricted Delivery Fee
Postmark o ate
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Post ark or Date
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Return ece awing to Whom,
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s�01
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2400 Ole
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Certified Fee—(�
Postage
Certified Fee
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ori
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I Special Delivery Fee I I
Restricted Delivery Fe
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'- whom & Dat
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® TOTAL Po tag
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Date, Addressee's Addrr E
Postmark o ate
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------
----
a
�ti- _ _ - _
ilj �"� mea ,�, Pcif t� roc
, residing- «
�-1 f a� irt'rytZ� r •T� 2�
�,
, being duly sworn, deposes and bays
that n the day
of ucusr ,199 9, deponent mailed
a true copy of the Notice
set forth n the Board of Trustees
Application, directed
to each of the above named -persons at the
addresses set opposite
there respective.names.; that the
addresses set opposite
the names of said persons are the address
of said persons as shown on the current assessment roll of the
Town of Southold; that
said Notices were mailed.at the United
States Post Office at
5ou-rK oLtD M\1 , that said Notices
were mailed to each of
said persons by (certified) (reg =}c )
mail.
f
Sworn to b - fore me this
day of ,19
otary Publi
D
MARY ANN CYBULSKI
Notary Public, State of New York
Residing in Suffolk County
No. 52-5895900
Commission Expires April 30, KiRL`91Vv
SENDER:
■Complete items 1 and/or 2 for additional services. I also wish to receive the•-..
_, •N ■Complete items 3, 4a, and 4b. following,services (for an
I y ■Print your name and address on the reverse of this form so that we can return this extra fee): I also wish to receive the
card to you. ) 1 and/or 2 for additional services.
(I
> ■Attach this form to the front of the mailpiece, or on the back if space does not w ¢ 3, 4a, and 4b. following services (for an a, permit. 1. p Addressee's Address —> a and address on the reverse of this form so that we can fetum this extra fee):
I y ■ Write°Return Receipt Requested' on the mailpiece below the article number.
■The Return Receipt will show to whom the article was delivered and the date 2 ❑Restricted Delivery 1. El Addressee's Address
e -<' delivered. to the front of the mailpiece, or on.the back if space does not
c Consult postmaster for fee. CL
m `m
3. Article Addressed to: m }eceipt Requested'El the mailpiece below the article number. 2. Restricted Delivery
4a. Article Number ceipt will show to whom the article was delivered and the date N
d
P a 3-7 I Consult postmaster for fee. i
11 CL w
° HarOI 4b. Service Type ressed to: 4a. Article Number I
d W. Wilsber ❑ Registered _ / ¢ L4 03 -:;-1
®� E
5 to 9, as Trustee g L" Certified
rn 1385 I�1/j/4b. Service Type
Iw 22nd AV. ❑Express Mail ❑ Insured COP - v
Io Delray Beach F e.. ❑ Retum Receipt for Merchandise ❑ COD I Bert White El Registered Certified
-- r-,-- L 33445
- - - of Deliv o 400 Ole Jule Lane. _ ❑ Express Mail ❑ Insured
z c fiattituck, NY 11952 ❑Return Receipt for Merchandise ❑ COD
5. Received By: Print Na e c 7. Dat DeliG c
y ( ) 8; ;Addressee' Address ( y if reque ed t
¢ �� .and fee is paid) v m l
6. Signature: (Addressee or Agent) F- MI. /print A/amal 8 Addressee's Address (Only if requested
WA ..� , .i, •p.' ): 1. r ,,
PS; Form 3811; December 1994 Domestic Return Receipt
PS
SENDER:
I
ns 1 and/or 2 for additional services.
■Complete items 1 and/or 2 for additional services.
ns 3, 4a, and 4b.
I also wish to receive the
1 y
■Complete items 3, 4a, and 4b.
■ Print your name and address on the reverse of this form so that we can return this
following services (for an
extra fee):
11
>
card to you.
■Attach this form to the front of the mailpiece, or on the back if space does not
permit.
1. 11 Addressee's Address
CD
r
■Write°Return Receipt Requested' on the mailpiece below the article number.
■The Return Receipt will show to whom the article was delivered and the date
2. ❑ Restricted Delivery
c
delivered.
Consult postmaster for fee.
°m
3. Article Addressed to:
4a. Article Number
IC
-era
L+0 J 1
c
Susanne Bo
4b. Service Type
V
I cn
1.0- Garden- Street
❑ Registered ertifiec
EH CI '
❑Express Mail19-5el
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LU
Garden City, NY 11530
I ured
ReturnReceiptndise
o❑
Q
7. Date of Deli v
ry
AUG - 9 1999'
��
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5. Received By: (Print Name)
8. Addressee's
Ptddress (Only if requeste
and fee is
g
6. Sign tur : ( dressee or Agent)
:Iy
• c
and fee is paid) z
H
3811, December 1T94
'
I
ns 1 and/or 2 for additional services.
I also wish to receive the
ns 3, 4a, and 4b.
following services (for an
{
ne and address an the reverse of this form so that we can return this
extra fee):
Receipt for Merchandise ❑ COD
nn to the front of the mailpiece, or on the back if space does not
1. 13 Addressee's Address
v
1
Receipt Requested'on the mailpiece below the article number.
2• ❑ Restricted Delivery
in 1 I
eceipt will show to whom the article was delivered and the date
..
I
Consult postmaster for fee.
of
4a. At
z
Mrs. Vvillam C. V1litsberg'� "
429.
uck, NY 11952
7
By: (Print Name) 'tiCFb� `- 8
(Addressee or Agent)
Number
:e Type
;
ered [9-6ertifted
I
ss Mail ❑ Insured
c
Receipt for Merchandise ❑ COD
N
Delivery
�I
1dressee's Address (Only if requested
id fee is paid) o�
PS Form 481 December 1994: Domestic Return Receipt 811, Decgnr be 94 Domestic AeUrn Receipt
1000-1-22-4-9
Susanne Boera
10 Garden. Street
Garden City, NY 1.1530
1000-122-5-10.1
Harold W. Wilsberg, as Trustee
1385 NW 22nd Ave.
Delray Beach, FL 33445
1 -000 -122 -4 -1 -1 -
Robert White
2400 Ole Jule Lane
Mattituck, NY 1.1.952
1000-122-5-13.7
Mr. & Mrs. William C.
Box 1429
Mattituck, NY 11952
NOTICE TO ADJACENT PROPERTY OWNER
In the matter of applicant:
Io -Loll ao
YOU ARE HEREBY GIVEN NOTICE:
Wilsberg
1. That it is the intention of the undersigned to request a Permit from the Board of
Trustees to:
CONSTRUCT A 20' X40' INGROUND POOL
2. That the property which is the subject of Environmental Review is located
adjacent to your property and is described as follows:
2280 OLETULE LANE, MATTITUCK
A.41 ACRE LOT PRESENTLY "ROVED WITH A SINGLE FAMILY DWELLING
WITH ATTACKED GARAGE AND DECD LOCATED ON TIM WEST SIDE OF
OLEJULE LANE, APPROXIMATELY 150' SOUTH OF KRAUS ROAD
3. That the project which is subject to Environmental Review under Chapters 32, 37,
or 97 of the Town Code is open to public comment. You may contact the Trustees
Office at 765-1892 or in writing.
The above referenced proposal is under review of the Board of Trustees of the Town of
Southold and does not reference any other agency that might have to review same
proposal.
OWNER'S NAME:
MAILING ADDRESS:
Richard O'Toole
55 Locust treet
Floral Park�NY 11001
OWNER'S AGENT Catherine Mesiano; Inc.
12 Mill Pond Lane
East Moriches, NY 11940
Enc.: Copy of sketch or plan showing proposal for your convenience.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
----------------------- --------. ---------------X
In the Matter of the Application of
IR IC.HA'21> O I00LIS
(Name of Applicant)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- Zi - L4 - ) 0 ___-- .
------------------------------------ —X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
L9�!J
417 ma� f
AFFIDAVIT
OF _
POSTING
I, Th r,✓ „-e, !�'� +r s h Ny residing at 12 M I L L Patio L.g.
>✓ . M 0 2 i c, tit ES , New York, being duly sworn, depose and say that:
On the L14 -k day of Ao 9osT ,19_9 5, 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 front 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 wring date was shown to be.
t$ 9
(Signature)
Sworn to befor me this
/ 7', day of M� , 19�ff -
(Notary Publi )
MARY ANN CYBULSKI
Notary Public, State of New York
Residing in Suffolk County
No. 52-5895900
Commission Expires April 30. W__.voo
*near the entrance or driveway entrance of my property, as the area most visible to
passersby.
OFFICE OF
ZONING BOARD OFAPPEAL5
53095 Main Road
Southo/d, NY 11971
(516) 765-1809 fax 765-9064
August 2, 1999
Re: Chapter 58 — Public Notice .for Wednesday, August 18, 1999 Hearing
Dear Applicant:
Please find enclosed a copy of the Legal Notice describing your recent application. The
Notice will be published in the next issue of the Suffolk Times.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be mailed and shall include a map or sketch showing the new
location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, as soon as possible, with the map to all owners of land (vacant or
improved) surrounding yours, including land across any street or right-of-way that borders
your property. Use the current addresses shown on the assessment rolls maintained by the
Town Assessors' Office (765-1937) or the.County Real Property Office in Riverhead. If you
know of another address for a neighbor, you may want to send the notice to that address
as well.
Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the
post.office receipts postmarked. Later, when the green signature cards are returned to you
by the Post Office, please mail or deliver them to us. If any signature card is not returned,
please advise the Board at the hearing.
You must post the enclosed sign no later than 8/10/99. Post the sign facing the street, no
more than 10 feet from your front property line bordering the street. (If you border more
than one street or roadway, a sign is enclosed for the front yard facing each one.) The
sign(s) must remain in place for at least seven (7) days, and if possible, should remain
posted through the day of the hearing. If you need a replacement sign, please contact us.
After the signs have been in place for seven (7) days, please submit your Affidavit of
Posting to us for the permanent file.
If you do not meet the deadlines stated in this letter, please contact us promptly.. It may
be necessary to cancel your hearing if the required steps are not followed.
Thank you for your cooperation.
Very truly yours,
ZBA Office
Enclosures
PrglANCf- - Sw(mmiNG ROOL-- 16ULW#E&b sef6aaG
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:
A C; eToo Is.
DATE OF PUBLIC HEARING:
If you have an interest in this project, you are invited to view the Town file(s)
which are available for inspection prior to the day of the hearing during' normal
business days between the hours of 8 a.m. and
BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809
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FOR BOARD AND STAFF USE
Updated New Information