HomeMy WebLinkAbout5088 I
APPEALS BOARD MEMBERS O��SUFFO[�►`,O
Southold Town Hall
Gerard P. Goehringer, Chairman =� Gyp 53095 Main Road
Lydia A.Tortora co y Z P.O.Box 1179
George Horning 0 • Southold,New York 11971-0959
Ruth D. Oliva ZBA Fax(631) 765-9064
Vincent Orlando l �a Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 16, 2002
Appl. No. 5088 - Louis and Sarah Gicale.
Location: 160 East Road, Cutchogue; 110.-7-17.
BASIS OF APPLICATION: Building Department's January 9, 2002 Notice of Disapproval, Section
100-33C, for the reason that applicants' propose to demolish the existing garage and to locate a
new garage at less than 50 ft. from the front property line.
AREA VARIANCE REQUESTED: Applicants request a Variance to reconstruct a new garage,
20'6" by 22'6" in size, 164" in height (measured at the center line of roof from eave to ridge),
replacing the former garage. (For additional details, see new construction plan prepared by Mark
K. Schwartz, A.I.A. revised December 13, 2001). At the May 16, 2002 public hearing, the
applicants' architect confirmed a proposed front yard setback at 37 feet, and 25 feet on the east
side yard, which is greater than the setbacks of the deteriorated garage, to be removed.
FINDINGS OF FACT
-; The Zoning Board of Appeals held a public hearing on this application on May 16, 2002, at which time written
and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the
property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant.
PROPERTY DESCRIPTION: The applicants' property contains 43,447 sq. ft. of land area, with
134.60 ft. along the property line facing East Road, 311.40 ft. along the westerly lot line, 329.98
feet along the easterly lot line, and 141.34 ft. along the tie line of Cutchogue Harbor(Peconic Bay).
The parcel is improved with a single-family, two-story frame dwelling and deteriorated garage,
located as shown on the 10/5/01 survey prepared by John C. Ehlers, L.S.
REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law
267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is
granted, as weighed against the detriment to the health, safety and welfare of the neighborhood
and community by such grant, and determines that:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties. An accessory garage existed for many years 17
ft. and 20 ft. from the front property lines (at both corner measurements). At the hearing, the Board
requested that the new garage location be increased to a new, more conforming setback of 37 feet
from the front line, and 25 feet from the east side line. The front and side setbacks of the new
garage will be greater than other (gazebo-type) structures in this waterfront community.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than an area variance. The board required the setbacks be increased,
for more conformity, from the present footprint at 17 feet to a new location 37 feet front the front
line and 25 feet from the side line.
3. The variance granted is substantial, representing a 13 feet reduction of the 50 feet requirement.
Page 2-May 16, 2002
�•,( ZBA#5088—L. and S. Gicale
/ Parcel 110-7-17 at Cutchogue
4. The variance granted will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. No evidence has been submitted to suggest that this
minor variance will have an adverse impact on physical or environmental conditions in the
neighborhood.
5. Grant of the requested variance is the minimum action necessary and adequate to enable
applicant to enjoy the benefit of a new garage, replacing the former garage in the same location,
while preserving and protecting the character of the neighborhood and the health, safety, and
welfare of the community.
BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and
applying the balancing test under New York Town Law, motion was offered by Member Orlando,
seconded by Chairman Goehringer, and duly carried, to
GRANT the variance as applied for, SUBJECT TO THE CONDITIONS THAT:
1) The accessory building shall not be converted for habitable or sleeping purposes;
2) The use of the accessory building is limited to garage and storage purposes.
This action does not authorize or condone any current or future use, setback, or other feature of
the subject property that violates the Zoning Code, other than such uses, setbacks, and other
features as are expressly addressed in this appeal application and board action.
Vote of the Board: Ayes: Members Goe ' ger(Chair n), To Horning, and Orlando.
(Member Oliva was absent due to ill ss.) This Re ution as duly ad d 0).
erard P. Goehringer, Charman
5/28/02
RECEIVED AND FILED B
DATE 5 HOUR 3'•ao
AAPPALS BOARD MEMBERS SVFfO(�
Southold Town Hall
Gerard P. Goehringer, Chairman �� y� 53095 Main Road
P.O. Box 1179
�►
Lydia A.Tortora ti Z
George Horning 0 • Southold,New York 11971-0959
Ruth D. Olivay O� ZBA Fax(631)765-9064
Vincent Orlando l `1►a Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
TOWN MEMO
TO: Building Department
Attn: Mike Verity, Principal Buil ' ector
FROM: Jerry Goehringer, Chairman
DATE: July 6, 2002
,r.
SUBJECT: Referral by Building Dept. —Gicale Inquiry (ZB#5088 5/16/02)
This will confirm that our Department has no objection to the increase width of the
proposed garage from 20'4" to 25' (as explained in the attached inquiry from Sarah
Wickham Gicale), with the understanding that the setbacks and conditions rendered under
Appl. No. 5088 are complied with.
5
Y I
J APPEALS BOARD MEMBERS �QFFO(,�
Southold
l
Gerard P. Goehringer, Chairman
_ OGy� I 53095Ma n Road
Lydia A. Tortora c P.O. Box 1179
George Horning - • Southold,New York 11971-0959
Ruth D. Oliva ZBA Fax(631)765-9064
Vincent Orlando l �'a Telephone (631) 765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
TOWN MEMO
TO: Building Department
Attn: Mike Verity, Principal Building Inspector
FROM: Jerry Goehringer, Chairman
DATE: July 6, 2002
SUBJECT: Referral by Building Dept' —Gicale Inquiry(ZB#5088 5/16/02)
I
This will confirm that our Department has no objection to the increase width of the
proposed garage from 20'4" to 25' (as explained in the attached inquiry from Sarah
Wickham Gicale), with the understanding that the setbacks and conditions rendered under
Appl. No. 5088 are complied with.
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l_s`
22 D'ellcastle Court
Montgomery Village MD 20886
July 3 2002 FOF 0
f�
Gerard Goehringer, Chairman OUL 8 1�
Zoning Board of Appeals `
Town of Southold L:�
53095 Main Road
Southold NY 11971 -—
Re: Tax Map No. 473889 110.-7-17
Dear Mr. Goehringer:
On May 16, 2002 the Zoning Board approved the construction of a new garage on the
above-referenced property. In preparing the design of the new garage, we carefully
stayed within the dimensions of the current garage (the footprint), hoping to maintain the
same setback from the road that currently exists. However, when the Zoning Board
approved the new garage, they did not approve the current setback.
I would like to build the new garage with the new setback but would like to request that I
be allowed to increase the width from the existing 20'4" to 25 feet to better accommodate
two vehicles. Setbacks from the property line to the east and from the road would be left
as approved by the Zoning Board. The only thing changed would be the width.
Please let me know if additional information is needed to request this change. Thank you
for your assistance.
Sincerely,
Sarah Wickham Gicale
SWG/
hoz
I I AM-
1
COUNTY OF SUFFOLK
Ax-
ROBERTJ
GAFFNEY
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
June 7, 2002 1
Town of Southold
Zoning Board of Appeals
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(,sL
Walz, Roger& Leslie 4962
Floyd King Trust 5045
Laoudis, Theodore &Angela 5077
Laoudis, Thoedore &Angela 5078
Ahlers, Paul &Patricia 5082
Carnesi, Anthony 5083
Kistner, John 5085
Wood, Joan 5087
Giacale, Louis & Sarah 5088
Bedell, John& Susan 5090
Young, Robert&Dorothy 5091
Arnold, Richard&Joan 5092
Edgewater III 5093
Buskard, Donald 5094
Gusmer Realty 5096
Sleckman, James & Cathy 5097
Ketterer, Gwyneth 5103
Blackley, James 5107
DiBlasi, Robert 5112
Edgewater III 5120
Custom Designer Homes, Inc. 5121
Ellis, Scott& Constance 5122
LOCATION MAILING ADDRESS
H' LEE DENNISON BLDG, -4TH FLOOR ■ P. O, BOX 61 00 ■ (5 1 6) 853-5 190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 1(5) 853-4044
1
�J
June 7, 2002 FOLK COUNTY PLANNING DEPAR- NT Page 2
Como, Joseph& Christina 5128
Youngman, Arline 5129
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G\CCHORNY\ZONING\ZONING\WORKING\LD2002 JANUUMSD4962 JUN
LOCATION MAILING ADDRESS
H' LEE DENNISON BLDG -4TH FLOOR ■ P O. BOX 6100 ■ (5 1 6) 853-5 190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 1 6) 853-4044
l
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June 4, 2002
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. — 5088 — Louis and Sarah Gicale
Action Requested: Garage front yard setback
Within 500 feet of: ( ) State or County Road
( X ) Waterway (Bay, Sound or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Gerard P. Goehringer, Chairman
By:
Enclosures
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APPEALS BOARD MEMBERS SpFFO�,�
��0 �'Q� Southold Town Hall
Gerard P. Goehringer, Chairman =� y� 53095 Main Road
Lydia A. Tortora y Z P.O. Box 1179
George Horning Southold,New York 11971-0959
Ruth D. Oliva y ��� ZBA Fax(631) 765-9064
Vincent Orlando l �►a Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 29, 2002
Mr. Mark K. Schwartz,A.I.A.
P.O. Boz 933
Cutchogue,NY 11935
Re: Appl. No. 5088—Variance Determination(Gicale)
Dear Mr. Schwartz:
Enclosed please find a copy of the Board's determination rendered on May 16, 2002
for the above application.
During the final step of the building permit/zoning review process, it is
recommended that you bring an extra copy of the Board's conditional decision to the
Building Department, with the amended building plan or other required documentation
that the Building Department may require.
Thank you.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copy of Decision to:
Building Department
APPEALS BOARD MEMBERS O�OSQfFO��►CO
Southold Town Hall
Gerard P. Goehringer, Chairman =� G'y� 53095 Main Road
Lydia A. Tortoray = P.O. Box 1179
George Horning S • Southold,New York 11971-0959
Ruth D. Oliva ZBA Fax(631) 765-9064
Vincent Orlando �Ol �►a Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 16, 2002
Appl. No. 5088 - Louis and Sarah Gicale.
Location: 160 East Road, Cutchogue; 110.-7-17.
BASIS OF APPLICATION: Building Department's January 9, 2002 Notice of Disapproval, Section
100-33C, for the reason that applicants' propose to demolish the existing garage and to locate a
new garage at less than 50 ft. from the front property line.
AREA VARIANCE REQUESTED: Applicants request a Variance to reconstruct a new garage,
20'6" by 22'6" in size, 164" in height (measured at the center line of roof from eave to ridge),
replacing the former garage. (For additional details, see new construction plan prepared by Mark
K. Schwartz, A.I.A. revised December 13, 2001). At the May 16, 2002 public hearing, the
applicants' architect confirmed a proposed front yard setback at 37 feet, and 25 feet on the east
side yard, which is greater than the setbacks of the deteriorated garage, to be removed.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on May 16, 2002, at which time written
and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the
property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant.
PROPERTY DESCRIPTION: The applicants' property contains 43,447 sq. ft. of land area, with
134.60 ft. along the property line facing East Road, 311.40 ft. along the westerly lot line, 329.98
feet along the easterly lot line, and 141.34 ft. along the tie line of Cutchogue Harbor(Peconic Bay).
The parcel is improved with a single-family, two-story frame dwelling and deteriorated garage,
located as shown on the 10/5/01 survey prepared by John C. Ehlers, L.S.
REASONS FOR BOARD ACTION: In accordance with the review standards set forth in Town Law
267b-3 "area variances," the Board has considered the benefit to the applicant if the variance is
granted, as weighed against the detriment to the health, safety and welfare of the neighborhood
and community by such grant, and determines that:
1. Grant of the area variance will not produce an undesirable change in the character of the
neighborhood or detriment to nearby properties. An accessory garage existed for many years 17
ft. and 20 ft. from the front property lines (at both corner measurements). At the hearing, the Board
requested that the new garage,location be increased to a new, more conforming setback of 37 feet
from the front line, and 25 feet from the east side line. The front and side setbacks of the new
garage will be greater than other(gazebo-type) structures in this waterfront community.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than an area variance The board required the setbacks be increased,
for more conformity, from the present footprint at 17 feet to a new location 37 feet front the front
line and 25 feet from the side line.
3. The variance granted is substantial, representing a 13 feet reduction of the 50 feet requirement.
J
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Page 2- May 16, 2002
ZBA#5088—L. and S. Gicale
Parcel 110-7-17 at Cutchogue
4. The variance granted will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. No evidence has been submitted to suggest that this
minor variance will have an adverse impact on physical or environmental conditions in the
neighborhood.
5. Grant of the requested variance is the minimum action necessary and adequate to enable
applicant to enjoy the benefit of a new garage, replacing the former garage in the same location,
while preserving and protecting the character of the neighborhood and the health, safety, and
welfare of the community.
BOARD RESOLUTION ACTION OF THE BOARD: In considering all of the above factors, and
applying the balancing test under New York Town Law, motion was offered by Member Orlando,
seconded by Chairman Goehringer, and duly carried, to
GRANT the variance as applied for, SUBJECT TO THE CONDITIONS THAT:
1) The accessory building shall not be converted for habitable or sleeping purposes;
2) The use of the accessory building is limited to garage and storage purposes.
This action does not authorize or condone any current or future use, setback, or other feature of
the subject property that violates the Zoning Code, other than such uses, setbacks, and other
features as are expressly addressed in this appeal application and board action.
Vote of the Board: Ayes: Members Go ,ha!This
er(Chair n), To Horning, and Orlando.
(Member Oliva was absent due to ill ss.) Re ution as duly ad d 0).
erard P. Goehringer, Ch rman
5/28/02
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SURVEY OF PROPERTY -------
51TUATE:FLEET'S NECK NEAR CUTCH06UE
TORI: 5OUTHOLD N
SUFFOLK COUNTY, NY
SURVEYED 10-05-01 W ` E
SUFFOLK COUNTY TAX # 30 S
1000-110-1-1-7 \
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CERTIFIED TO:
LOU15 GIGALE . of P���� � \ \ate �
SARAH GIGALE
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FIRM PANEL 164 OF 1026 MAY 4, Igg5 J0.1��g1'��T C. EHERS SURVEYOR
6 EAST MAIN STREET N.Y.S.LIC.NO.50202
GRAPHIG SGALE 1"=50' _ _ _ RIVERHEAD,N.Y. 11901 '
369-8288 Fax 369-8287 REF.Wip server\d\PROS\01-278A.p
Lor Office Use Only: Fee 4 ®,�� kf Assigned
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE OF BUILDING INSPECTORS DECISION APPEALED: ................. .......................��..
TO THE Zp ING BO D OF APPEALS: 1
)IbL i/s' t of ed- 1 r`� 3`5 (Appellant)of.....0 &TCS �.6 0 ............00"
. ................................
HEREBY APPEAL,.THE DECISION OF THE BUILDING INSPECTOR DATED
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED..&..J.: 0..-:0.1zFOR:
( ) Permit to Build ,
( ) Permit for'Occupancy
( ) Permit to Use
( ) Permit for As-Built
(A Other:
I. Location of Property...J.kA. ............. Zone
District 1000 Section..l.l.R..Block..7.lot(s)......0 .............Currrent Owner... ?:-"', ` ;5;�:�w
�C.-z C_^
2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection
and paragraph of Zoning Ordnance by numbers. Do not quote the law.)
Article—Zjk.. Section 100- ..3 I..Sub-Section ....; .......
3. T e of Appeal. Appeal is made herewith for:
(t4A Variance to the Zoning Ordinance or Zoning Map
( ) A Variance due to lack of access as required by New York Town Law
Chap. 62, Cons. Laws Art. 16, Section 280-A.
( ) Interpretation of Article .........I Section 100. ..................
( ) Reversal or Other: ............................................
. ..............
4. Previous A �
ppeal. A previous appeal (has) as not) b en made with respect to this
property or with respect to this decision of the Building ector(Appeal #...... Year .......).
REASONS FOR APPEAL (Additional sheets may be used with applicant's signature)
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AREA VARIANCE REASONS.-
(1)
EASONS.(1) An undesirable ..hange will not be produced in the CHARACTER of the neighborhood
or a detriment to n. <by properties, if granted, because: /\/{cv STi2UCT-vj0E W16(_
B6 &UJLr wijl% w000 5101,v4� Quyc.� wi�v�a�1' b
cos-ppm w oob 0062f, tie u/ ,S,y/AtJG C,E /2oar
,�.��.r j7�t/4 li��2fJ G E (S DEQ"�2� ai2sl�7�✓�i w� �Vo r=a v.vAV4 TTO•u .
(2) The benefit sovgp,,f by the applicant CANNOT be achieved by some method feasible
for the applicant to Purs ,Ee, other than an area variance, because:
?P �Zr-3 ui c 0 1ti SCJ�"t�' c," �cuti E�2 �E,rirt
�F s E [/ "C4 770A) l�tJ gO�/2�J�"2 ivoT � d/SjL�LC;
(3) The amount of relief re ,�&sfed is not substantial because:
(4) The variance will NOT 'cave an adverse effect or impact on the physical or
environmental conditions in is i'& neighborhood or district because:
(5) Has the alleged difficulty been self-created? ( ) Yes, or No.
This is the MINIMUM that is essary and adequate, and at the same time preserve a
nd
Protect the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box if USE VAKIANCE STANDARDS are comp) a tF ed.
Sworn to before me this 2 3✓c�
day of 20 (Signatur of Appellant or Aut orized Agent)
• n• (Agent must submit Authorization from Owner)
Notary Public
ZBA App 08/00 HELENE D.HORNE
Notary Public,State of New York
No. 951364
qualifiedin�Suffo k County, '
6ommission Exoires May 22, �O 0�
FORM NO, 3
NOTICE OF DISAPPROVAL
Date: January 9, 2002
TO: Mark Schwartz
A/C L& S Gicale
PO Box 933
Cutchogue NY 11935
Please take notice that your application dated January 8, 2002
For permit to construct an accessory garage at
Location of property 160 East Road. Cutchogue
County Tax Map.No. 1000- Section 110 Block 7 Lot 17
Is returned herewith and disapproved on the following grounds:
The proposed construction of an accessory two car garage is not permitted pursuant to
Article III Section 100-33-C which states:
"In the case of a waterfront parcel, accessory buildings and structures may be
located in the front yard,provided that such buildings and structures meet the
front-yard setback requirements as set forth by this code."
The proposed garage situated on a 43,447 sq. ft. waterfront parcel, in an R-40 Zone is
required to be setback 50' (fifty h..) .
The construction survey shows the accessory garage setback at 17'seventeen feet
uthorized Signature
t
0
22 Dellcastle Court
Montgomery Village MD 20886
1f January 25, 2002
To Whom It May Concern:
I, Sarah Wickham Gicale, authorize Mark Schwartz to act as agent for the garage Zoning Board
of Appeals application. This construction project is,located at 160 East Road, Cutchogue,NY
(SCTM#1000-110-07-17). ,
Sincerely,
Sarah Wickham Gicale
a
APPLICANT
TRANSACTIONAL DISCLOSURE PORN
.The Town of Southold ' s Code of Ethics Prohibits conflicts of -
interest on the par L' of town officers and employees. The
Purpose of this form is to provide information which can
alert the town of possible conflicts of interest and allow
it to take whatever action is necessary to avoid same .
YOUR NAME: A
L(,
(Last name , first name , middle initial, unless
you are applying in the name of someone else or
other entity, such as a company. If so , indicate
the other person ' 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 . ) i
i
Do you personally (or through your company, spouse, sibling,
parent, or child) have a relationship villi 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.
I
YES NO
If you answered "YES, ", complete 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 a]_1 that apply ) ,
A) the owner of greater than 5% of the shares of the
corporate stock of the applicant (when the applicant
is a corporation) ;
B) the legal or beneficial owner of any interest in a
noncorporate entity (when the applicant is not a
corporation) ;
C) an officer, director. , partner, or employee of the
applicants or
D) the actual applicant- .
DESCRIPTION OF RELATIONSIlIp
Submitted this 2Z14,day oLJ ZOOZ
Signature
Pri.nb name j� Z
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 sheet may be attached. )
B. Is the subject premises listed on the real estate market for
= sal or being shown to prospective buyers? { } Yes
( ✓) No. (If Yes, please attach copy of "conditions" of sale. )
C. Are there�y proposals to change or alter land contours?
{ } Yes• { No
D. 1. Are there any areas which contain wetland grasses? r>*
2. Are the wetland areas shown on the map submitted with
this application?
3 . Is the property bulkheaded between the wetlands area and
the upland building area?
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trus tees for its
determ?natibn of jurisdiction?
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five fent above mean sea
level? n (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? r%0 If none exist, please state "none."
G. Do you have any construction taking place at this, ti.me
concerning your premises? no 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? no If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel s i n s Ll— �'�.-,, y {�s i and
proposed use
Z - oZ
Author Signature Date
3/87, 10/901k
fSURVEY OF PROPERTY
51TUATE:ELEET'5 NECK NEAR GUTGHO6UE
TOWN: 5OUTHOLD N
5UFFOLK COUNTY, NY w+e ,
ESURVEYED 10-05-01
SUFFOLK GOUNTY TAX # so S
1000-110--1-1-7 � \
\ \ FE
GERTIFIED TO: '� \
LOUIS 61GALE
a�
SARAH 61GALE � of �• � \ \ \
o
Opt
\ \ o
o \ \ o
13
0A'o 1 \ \ rn rn
00.
orn \ \
o`
o \ 10 \
\ � \ FE
\ \p6W
t9
G0�erOd
O
.i� 105'E � G /� ZO
O,
0
P%'009
rn
oi�,�N 11,3
S6 OG0 P�
NOTES; �(�a`0 C ��n� Vnw nor zea alteration or odalnon to a s rvey
mDp moon oases ossa lord wrvaNbla seal b a
-j' —1!I f tkm Yak
sub-CNbkm l of the
New Yark Slate Educalbn La.•
■ MONUMENT only eoples From the orlSlnal aF h s c rve
marked with ll ,—al of g e lana surveyor§
seampea seal snap be eonslaered m be walla wD
1 coplos•
O PIPE y 7� LertiF ato b U tl setae hereon slMlf, that this
survey was prepared In accordance wly the ex-
bting=`s of Practl-for Land Surveys ado d
AREA = 45,44-7 SF OR 1.00 AGRES r, oQ bj thD New York 5tate Assoclatlan of ProFessla al
^ Land Surveyors 511d-1tirl6atlons shall run only
`• to Ne person For whom the survey's?—..-
0
woveed,
ELEVATIONS REF. NSVD '2a �'6 02J� a genhcy a e lenang lluwtion i Dia F— ,
S `P to hD asDignDes aF ha IendV g L N utla LarflFl-s
� ND $ [Ions are not bansiDrablD to aeerzlonal mselmuom
FEMA FLOOD ZONE LINE ANNOTATED FROM JOHN C. EHLE ANIS SURVEYOR
FIRM PANEL 164 OF 1026 MAY 4, Ig48
6 EAST MAIN STREET N.Y.S.LIC.NO.50202
GRAPHIC SG�LE I"=30' RIVERHEAD,N.Y. 11901
369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\01-278A.pro
ill]D/aaol aD�3DM eD.veAdVifabl-al
TOWN OF SOUTHOLD BUILDD ERMIT APPLICATION CHECKLIS
BUILDING DEPARTMENT L.,-,.,u have or need the following,before applyini
TOWN HALL Board of Health
SOUTHOLD,NY 11971 3 sets of Building Plans
TEL: 765-1802 Survey
-
PERMIT NO. Check
Septic Form.
N.Y.S.D.E.C.
Trustees
Examined ,20 Contact:
Approved 120 Mail to:
Disapproved a/cfCe2:& 4-7 l I
Phone: 19 7 ��
6,4- (,,�, -S �k4 GL_
Building Inspector U r-1
APPLICATION FOR BUILDING PERMIT
TDate 20
- INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 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 waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupant
is issued by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or
Regulations, for the construction of buildings,additions,or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable lays,ordinances,building code,housing code,and regulations,and to admit
authorized inspectors'on premises and in building for necessary inspections.
4 '
--7 /K Q- 0
(Signiiud of applicant or e,if a corporation)
62. 6a 93 Gylteeocurov
(Mading address of applicant) ))935
State whether applicant is owner, lessee, gent, archite , engineer, general contractor, electrician,plumber or.builder
Name of owner of premises Loulr.
(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.
1. Location of land on which proposed work will be done:
/6 00 64!5!T- lZ.0�4,0 GU 7Z h�D UE
House Number Street Hamlet
County Tax Map No. 1000 Section D Block .` -Lot I `�
Subdivision Filed Map No. Lot
(Name)
a ;
2. State existing use and occupancy of premises and intended M'a d,,0c opan,,.y Cf proposed constmetion: o
a Existing use and occupancy C?1'J?/41 -4 5 r
b. Intended use and occupancy
3. Nature of work(check which applicable):New Building X Addition Alteration
Reps Removal_�Demolition Other Work
(Description)
14. Estimated Cost 1 S OD Fee
(to be paid on filing this application)
5. If dwelling, number of dwelling units Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
th
7. Dimensions of existing structure, Rear Dep
Height Number of Stories
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front Rear Depth
Height Number of Stories
9. Size of lot: Front Rear Uep
10. Date of Purchase Name of Former Owner,,// �
11. Zone or use district in which premises are situated F= `t'v
12. Does proposed construction violate any zoning law, ordinance or regulation: /2-PA.I 19
13.Will lot be re-graded /V D Will excess filll e removed from premises: YES NO
Z2 El,I.G-4SNE c
Lou t-$ -+-,vJ%4i2-" M o.v7-G o�Irru¢ vi"ofe-E, Mtn
14.Names of Owner oMr,
ises G/C. +4,e, Address z o Phone No. .30 Z o$ - 1,032
Name of Architect Address AV 606 9 3:3 Phone No 73 Q-4/dPl"
Name of Contractor Address C&M,,fa 4&r— Phone No.
15. Is this property within 100 feet of a tidal wetland? *YES X NO
• IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAYBE REQUIRED
16. Provide survey,to scale,with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below;must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF
_j4d /l �G t`}"'1/l��}!?1�Z— being duly sworn,deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)He is the
(Contractor,(LgenjACorporate Officer, etc.)
of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
SwornAp before me this
day of !!NU r L 20 6
Notarytublic Signature of Applic t
ELIZABETH A STATHIS
NOTARY PUBLIC,State of New York
No.01 ST6008173,Suffolk County
Term Expires June 8,20Q'z�
ELIZAE �TH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK � = P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER ®� �® Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER " southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
i
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville, Southold Town Clerk
DATED: February 12, 2002
RE: Zoning Appeal No. 5088
Transmitted herewith is Zoning Appeal No. 5088 of Louis and Sarah Gicale by
Mark Schwartz for a variance. Also included is: Notice of Disapproval dated
January 9, 2002; Letter of Authorization; Applicant Transactional Disclosure
Form; ZBA Questionnaire; plans; and survey.
Of Southold
Box 1179
Southold, NY 11971
* * * RECEIPT
Date: 02/04/02 Receipt#: 179
Transaction(s): Subtotal
1 Application Fees $400.00
Check#: 179 Total Paid: $400.00
lame: Gicale, Louis &Sarah
160 East Rd
Cutchogue, NY 11935
erk ID: LINDAC Intemal ID:49057
-ty
Aed G e`er
&Iso 1-4 19
FORM NO. 3
NOTICE OF DISAPPROVAL
Date: January 9, 2002
TO: Mark Schwartz
A/C L& S Gicale
PO Box 933
Cutchogue NY 11935
Please take notice that your application dated January 8, 2002
For permit to construct an accessory_garage at
Location of property 160 East Road, Cutchogue
County Tax Map. No. 1000- Section 110 Block 7 Lot 17
Is returned herewith and disapproved on the following grounds:
The proposed construction of an accessory two car garage is not permitted pursuant to
Article III, Section 100-33-C which states:
"In the case of a waterfront parcel, accessory buildings and structures may be
located in the front yard,provided that such buildings and structures meet the
front-yard setback requirements as set forth by this code."
The proposed garage situated on a 43,447 sq. ft. waterfront parcel, in an R-40 Zone is
required to be setback 50' (fifty ft.)
The construction survey shows the accessory garage setback at 17' seventeen feet
Authorized Signature
22 Dellcastle Court
Montgomery Village MT)20886
March 17, 2002
Southold Town Board of Appeals
Attn: Linda
Fax: 631-765-9064
To Whom It May Concern:
This letter is to request that the hearing regarding the garage on my property at 160 East Road in
Cutchogue be recalendared to May 16, 2002. Neither my representative Mark Schwartz nor
myself are alible to attend the hearing as currently scheduled in April.
If you have any questions or concerns, please call me at 301-315-6509 (work)or 301-208-1039
(home). Thank you for your assistance in this matter.
Sincerely,
—340–,
Sarah Wickham Gicale
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1 1 • 1. Q' - .�iL--
Certified Mail Provides:
e A mailing receipt
®A unique identifier for your mailpiece-
to.A signature upon delivery__
E d record of delivery kept by the Postal Service for two years
Important Reminders:
®Certified Mail may ONLY be combined with First-Class Mail or Priority Mail.
■Certified Mail is not available for any class of international mail.
w NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables,please consider Insured or Registered Mail.
®For an additional fee,a Return Receipt may be requested to provide proof of
delivery.To obtain Return Receipt service,please complete and attach a Return
Receipt(PS Form 3811)to the article and add applicable postage to cover the
fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for
a duplicate return receipt,a USPS postmark on your Certified Mail receipt is
required.
o For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent Advise the clerk or mark the mailpiece with the
endorsement"Restricted Delivery".
®If a postmark on the Certified Mail receipt is desired,please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed,detach and affix label with postage and mail.
IMPORTANT.Save this receipt and present it when making an inquiry.
PS Form 3800,January 2001 (Reverse) 102595-01-M-1047
y�� • • • • •� •� WAY
■ Complete items 1,2,and 3.Also complete Apec ' e y(Please Print early) B.�QateolD�yey
item 4 if Restricted Delivery is desired. 0
■ Print your name and address on the reverse
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, ❑A en
or on the front if space permits. '
D. Is delivery address different from item 1 Yes
1. Article Addressed If YES,enter delivery address below: ❑ No
/j7R. ! /h/lJ': oi?.a� 2. !/-pont... G
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3. Service Type
'W'Gertified Mail ❑ Express*Mail
❑ Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) I❑Yes
2. Article Number? i ! :i ;
(Transfer from l
seivlcel2tiel)'' -'`7 0 0'1 '0360 ; 0001 !0,526 ' 055
9 <
PS,Form 3811,March 20011 1 1 i I ;f j Domestic Return Receipt 102595-01-M-1424.
r06PAY
UNITED STATES POSTAL SERVIC `_—irs�lass=MailPoste.&,FeesPaiUSSPerfnitNo./
• Sender: Please print-your-nameaddress, arfd ZIP+4 in this box'
• /dark K.Schwartz,AIA-Architect
P.O.Box 933
Cuutchogue,New York 11935
liitlii,i111i1,tiJiiflfifI'll 20,0 Iii 1112diiiillf7fli31�iif�
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item 4 if Restricted Delivery is desired. F i ❑Agent
■ Print your name and address on the reverse X 1:1 Addressee
so that we can return the card to you. B Received by(P"'
led Name Date of Delivery
RE,gyp
or on the front if space permits. • '
D. Is delivery add; rf et f%'gym_item 1? as
1 Article Addressed to: If YES,enter deliv ryddress below o
'cls
7 L'A` . 3. SServic�pe
BTertified Mad ❑ Express Mail
/ ❑ Registered ❑ Return Receipt for Merchandise
❑Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number I
( 7001 : 1140 0003 5307-, 4Z,12
Transfer from service;latieq� I -
-P-',Frm-3B-1J'-Auau - 102595-01-M-2509
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
C)
V 9:014 W1.111-1 V1 Xat 1191MOVE 01-1
■ Complete items 1,2,and 3.Also complete A.Received by(Please PrintClearly) B Date of Delivery
item 4 if Restricted Delivery is desired. 5�7�
■ Print your name and address on the reverse
w4e
so that we can return the card to you. C. Signature
■ Attach this card to the back of the mailpiece, X e 11 Agent
or on the front if space permits. 11 Addressee
D. Is delivery address different from item 1? R,Yes
1. Article Addressed to, If YES,enter delivery address below: No
G e ��,v rx /+7 . rr'n�,.. /Z Qb pj coZ A 3�(
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3. Se ice Type
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❑ Insured Mad ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7001 0360 0001 0526 0542
(Transfer from service label)
PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424
i
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
Sender: Please print your name, address, and ZIP+4 in this box
Mark K.Schwartz,AIA-Architect
P.O.Box 933
Cutchogue,New York 11935
■ Complete items 1,2,and 3.Also complete A. R=rceived /e se nn Clearly) B Dat o ivery
item 4 if Restricted Delivery is desired. (�+t 03�/
■ Print your name and address on the reverse C. Signature
so that we can return the card to you.
■ Attach this card to the back of the mailpiece, X ❑Agent
or on the front if space permits. ❑Addressee
D. Is deli dress different from item 1? ❑Yes
1. Article Addressed to: If YE a ter delivery address below: ®.No
A' eta F C7
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4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 1 „7001 ;03L0 0001 0526 , 511 l
(Transfer from service label), ,, , , ; ++J
PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424
t
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
Mark K.Schwartz,AIA-Architect
P.O.Box 933
Outchogue,New York 11935
11 falls„11111,1filial 111111111111111311o11elilts lloe111111111P1
ZONING BOARD OF APPEALSt`
TOWN OF SOUTHOLD NEW YORK
- - - ---_--------—-----------------------------------------x
In the Matter of the Application of
bo (lbf
AFFIDAVIT
Awo OF
(Name of Applicants) MAILINGS
CTM Parcel #1000-
----------------- —x
1000----------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, M�1je4 9cft&,Az residing at 37,-. ffhjw rf'I-W
CuTO11v 6 v r-- , New York, being duly sworn, depose and say that:
On the day of AA 200 , I personally mailed at the
United States Post Office in Gv7K* acl* , New,Ybrk, 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,/p5 vehicular right-of-
way of record, surrounding the appliMr ,
(Signature
Sworn to before me this
day of I/Vl , 2002
'. ,^^ LYNDA BOHN
Q7-Xr 1' , NOTARY PUBLIC, State of New York
No.01 B06020932
' ( otary Public) Qualified in Suffolk County
Term Expires March 8, 20_3
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.
jo
�LlI 4M
4-v �
GjnpM rv1v,4t7gnj E
,21 031�eyl,,90 f V�l phi
-r� &
a2/
1 _
ZONING BOARD OF APPEALS
-- - -- ----- --- -------- -------
---------------------------------------------------------x
In the Matter of the Application of
AFFIDAVIT
Loof A,e2 1%4H OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- /10
COUNTY OF SUFFOLK)
STATE OF NEW YORK
I, WW ���� residing at
C-4,)-z'sCiviii New York, being duly sworn, depose and say that:
On the 9"Oday of 1m 0.y , 200 z_I personally placed the
Town's official Poster, with the date of hearing and nature of my application
noted thereon, securely upon my property, located ten (10)feet or closer from
the street or right-of-way (driveway entrance) -facing the street or facing each
street or right-of-way entrance;* and that
hereby confirm that the Poster hasRreae '
/fo n days
prior to the date of the subject hearing dats shownto be
(Sign ur }
Sworn to before me this 16"o
day of , 200--)-
NOTARY PUBL C Sae of Nor yort
( No.011306020,932
otarY Public) No.
in Suffolk Cou
Tenn Expires March 8,200
*near the entrance or driveway entrance of my property, as the area most visible
to passersby.
STATE OF NEW YORK)
)SS:
LEcai.u�vorrer,. ,,° COU
� OF SUFF,O�K)
u^cio>Vnrow sbA}i ' li' of Mattituck, in said
,fi•y}rwox;p 1+yrs._ /-`: yc','
.. .r000z ; , s that Principal
-Tav"44 ,lv �r i6 coun being duly sworn, say he/she is
;.rusic;zainv r,pub-
,A' � cE,l xEB. G1ti cleric of THE SUFFOLK TIMES,
.` a weekly newspaper,
<K.,SUant,toe�ua ..6?oF;,the;To�vn-'mow,,:- lished at Mattituck, in the Town of Southold, County
Tuo
aril,(}tapterilQ()z(7iiiiitg)t' oeofytlie
wTowti,,ofgukiolil:the ffolloVviiigappli a Suffolk and State of New York,and that the Notice of VVl1
cations;wt l'be beard a b ublictliea iugs�HI the annexed is a printed cop arty pu
6`m xth0�'so n, a., y, has been regul b-
y w y. v";l^', :, ,rr BOpyRDpA:
jAs_ b ai paper once each week
-ar;t a oWn r ''l,,s�o�s: lished in said News
�vlaui:Road Sou olil I!1 wFork• 1I 5 eek SSIV commencing
for / weeks successively, ny
fon"Btirsda` M1G>" 002;atthe,tt`mes� ely, CO nCl
r da
'nokd^belzow'`(ori,asxsooUzi
thei�e�ft¢r aas� on
� Mlethe
C 111
of 20D0'[J
,ppydyy ,65,^pm/�jl No• yizz°,-.'?�Scofaztd;'
ls4xL �',' J, ,,��•;r,1`•k..jf.,.,. -`t'i.a.;..,�i r
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LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, MAY 16, 2002 PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following application will be heard at public
hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main
Road, Southold, New York 11971, on Thursday, May 16, 2002, at the time noted below (or
as soon thereafter as possible):
6:30 pm Appl No. 5088 - Louis and Sarah Gicale. This is a request for a Variance
under Section 100-33C, based on the Building Department's January 9, 2002
Notice of Disapproval concerning applicants' proposal to demolish the existing
garage and rebuild same within the existing nonconforming footprint. The
building will be less than 50 feet from the front property line. Location of Property:
160 East Road, Cutchogue; Parcel 1000-110.-7-17.
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 Town Hall business days from (8:00 a.m. to 3:00 p.m.).
If you have questions, please do not hesitate to call (631) 765-1809.
Dated: Wednesday, April 24, 2002. Southold Town Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
(Tel. 631-765-1809)
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Email: Linda.Kowa Iski a Town.Southold.ny.us or
-- _ -___ P-auta.Quintler_i@Town.Southold-ny us -
(631) 765-1809 fax (631) 765-9064
April 24, 2002
Re: Chapter 58 - Public Notice for Thursday, May 16, 2002 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 Suffolk Times.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, with the above sketch or survey showing the new construction area, or details of
your request, by Wedneday, May 15t, 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.
When picking up the sign, a $15 check will be requested for each as a deposit. Please post the
Town's official poster/sign no later than May 8th. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. (If you border more
than one street or roadway, an extra sign is available for the additional front yard.) The sign(s)
must remain in place for at least seven (7) days, and should remain posted through the day of
the hearing. If you need a replacement sign, please contact us.
By May 8th, please either fax or deliver to our office your Affidavit of Mailing (form enclosed) with
parcel numbers noted for each, and return it with the white receipts postmarked by the Post
Office. The original Affidavit is due not later than the date of the hearing. Also, when the green
signature cards are returned to you by the Post Office, please mail or deliver them to us before the
hearing, if possible. If any signature card is not returned, please advise the Board at the hearing.
These will be kept in the permanent record as proof of all Notices.
By May 15th, after the signs have been in place for seven (7) days, please submit your signed
Affidavit of Posting to our office. A copy may be faxed to us, with the original furnished during the
hearing.
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosures Zoning Appeals Board and Staff
P.S. Please pick up the poster sign between Monday and Wednesday, April 26th and May 8th between
8-12, or 1:30-4. Thank you.
FOR OFFICIAL USE ONLY
CHECKLIST FOR NEW PROJECTS
LABEL APPL#
✓ ASSESSORS CARD (7 COPIES) NAME
✓ CTY. TAX MAP (7 COPIES + 1) CTM # // - -
r INDEX CARD (ATTACH OLD) TOWN
LIST ALPHA BOOK
RESEARCH ALPHA ,
COPY PRIORS
SIX COPIES
INSPECTION PACKETS COMPLETE
REF:
UPDATED NEW INFORMATION
APPEALS BOARD MEMBERS L
� Southold To)�rn Hall
Gerard P. Goehringer,Chairman ^'� ' 53095 Main Road
# PO.Box 1179
Serge Doyen
James Dinizio,Jr � Southold,New York 11971
Fax(516)765-1823
Lydia A.Tortora `� f � ^ Telephone(516)765-1809
BOARD Off'-APPEALS
TOWN OF SOUTHOLD.,
FINDINGS; DELIBERATIONS AND DETERMINATION
REGULAR MEETING OF OCTOBER 23, 1997
Appl. 44513 - SARAH WICKHAM GICALE PARCEL 1000-110-7-17' ;
STREET & LOCALITY: 160 East Road, Cutchogue'-
DATE OF PUBLIC HEARING: October 9, 1997
FINDINGS OF FACT
PROPERTY FACTS/DESCRIPTION:
This property is located in' an R.-40 Low-Density Residential Zone
District, being situate :On, the south side of East Road', Cutch6gue,
with frontage along C-LAchogue Harbor. This lot contains a •total
area of approximately 89,995 sq_ ft. , all as more particularly shown
on survey map dated _July, 22, 1986 prepared by Roderick VanTuyl,
P.C. The map submitted with this application shows that the-subject
premises is improved 'with a single-family dwelling acid accessory
garage, situate in the front yard area to the north of the dwelling.
BASIS OF APPEAL: Building 1pspectorss Action of Disapproval dated
July 8, 199'7 which reads as follows: under Article XXIII, Section
100-231A, fence located in 'the tont yard of residential. -zones shall
not exceed four• (4) .:feet ;in - height. Action required by Zoning
B oard of Appeals.
AREA VARIANCE 'REUET REQUESTED BY APPLICANT.- To locate,
at a point 40 feet from the front property line along the westerly
side property line, a• proposed six ft. high fence for a running
distance of 95 feet' from the front property line, along ,the front
yard. area. The proposed six ft. height is shown also as an
extension of a proposed fence as per code limitations within the
first 40 feet of the front yard area.
REASONS FOR BOARD ACTION, DESCRIBED BELOW,:
(1) The grant of the area variance will not produce anundesirable
change in character of neighborhood or a detriment to nearby
properties because the applicant`s property, is a Nvoo'd+ed waterfront
lot and the fence would not be easily visible to neighboring
properties-
Page 2 - October GJ 97
Appl. #4513: 1000-110-7-17 (S. Gicale)
Southold Town Board of Appeals
(2) The benefit sought by the applicant. cannot be achieved by some
method, feasible for applicant to pursue, -other than an area ;variance
because the • applicant has testified that- a 6 foot high fence is
needed to safeguard the property- from vandalism and unauthorized
use.
3. The requested variance is not substantial, representing a
two-foot increase over the four-foot code maximum height.
4. The situation has not been self-created because the applicant has
testified that the increased fence height is to ,prevent an on-going
problem of vandalism and trespassing.
5. The proposed variance will not have an adverse-effect or impact
on the physical or environmental conditions in the neighborhood or
district because the increased height of the fence will be obscured-
by mature wooded trees.
In considering this application, the Board finds that the relief '
requested is the 'minimum 'necessary and- adequate,: and at the same
time preserves and protects 'the character of' the n' eighborbood, and
the health, safety, welfare -of the community. `
RESOLUTION/ACTION: On motion by Member Tortora, seconded by
Chairman Goehringer, it was
RESOLVED, to GRANT the relief as requested:
VOTE OF THE BOARD: AYES: GOEHRI �R, DINIZIO, TORTORA,
and DOYEN. This re"solution was di ad ted (4-0)i- ~
RARD P. GOEHRIN R, C AiRiMAN1
ActionLall/110-7•-11 : - _
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