HomeMy WebLinkAbout4410I �`d
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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
R*90t�kKX
Lydia A. Tortora
Maureen C. Ostermann
Gym
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BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax(516)765-1823
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF MAY 7, 1997
Appl. No. 4410 - GARY SACKS and A. SCHLESINGER
PARCEL 1000-145-4-7
STREET & LOCALITY: 125 Mesrobian Drive, Laurel, NY
DATES OF PUBLIC HEARINGS: October 17, 1996; December 12, 1996;
(February 6, 1997); April 10, 1997; April 24, 1997.
PROPERTY DESCRIPTION: This property is located in an R-40
Residential Zone District, being situate on the easterly side of
Mesrobian Drive (private road) with 68.47 ft. road frontage, and 91.26
ft. frontage along Great Peconic Bay. This lot contains a total area
of 14,261 sq. ft. and is improved with the following: one-story stucco
house (single-family) with attached porch and fence near property lines,
as depicted on the June 26, 1990 survey map.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
July 16, 1996, which reads as follows: "...under Article XXIII,
Section 100-239.4B, proposed deck addition to dwelling will have
less than the required 75 ft. setback from the bulkhead - 40 ft.
indicated. Action required by the Zoning Board of Appeals...."
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate new
35 ft. wide by 15 ft. deep deck addition at the rear of existing dwelling
more particularly shown on sketches prepared and submitted for
applicant under this application, with proposed setbacks at: (a) 55 feet
to bulkhead from deck at its closest point, and (b) 45 ft. to bulkhead
from the bottom of steps at its closest point.
REASONS FOR ALTERNATIVE AND BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance will not produce an undesirable
change in character of neighborhood or a detriment to nearby properties
because adiacent Darcels are all undersized.
(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 placement of the dwelling as established creates the
proposed deck location to extend toward the bulkhead (northeast side of
the property).
(3) The requested area variance is substantial because of the
substandard size of this parcel.
Page 2 - Appl. No. 4410 (Sacks)
Decision Rendered May 7, 1997
Southold Town Board of Appeals
(4) The proposed variance will not have an adverse effect or impact on
the physical
or environmental
conditions in
the neighborhood
or district
because
deck is landward of
bulkhead and
there will not be
a need to
regrade
any portion of this
lot by the
installation of an
open deck
addition
to dwelling.
(5) The situation has been self-created because of the size of the lot
and the extensive angle of the dwelling on the parcel.
(6) This action is the minimum that the Board deems necessary and
adequate and at the same time preserves and protects the character of
the neighborhood, and the health, safety, welfare of the community.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, to DENY the relief as applied, AND BE IT
FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF FOR A 12 -FOOT
DECK EXTENSION SUBJECT TO THE FOLLOWING CONDITIONS:
1. Deck shall be without a roof, and without a lattice top.
2. Deck shall remain open (fully) to the sky.
3. Deck addition shall not exceed 12 ft. past the dwelling, which will
leave a setback at approximately 52 ft. from the bulkhead at its closest
point and at approximately 70 ft. at the opposite corner of the deck to
the bulkhead.
4. Deck lighting shall be shielded to the deck area only without glare
or disturbance to neighboring or nearby properties.
VOTE OF THE BOARD:
AYES: MEMBERS DOYEN, GOEHRINGER, DINIZIO, OSTERMANN.
NAY: MEMBER TORTORA, AS TO ALTERNATIVE RELIEF, for the
reason that al/open, ground level patio could be an alternative.
This resolution was duly ADOPTED, 4-1.
Actions. 97/145-4.7
GERARD P. GOEHRINGE ', A}L-D BY
Resolution Adopted May 7tgM2
ME SOUTUGUY TOWN CLERK
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of Southold
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Gym
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BOARD OF APPEALS-
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
EO, Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
LEGAL NOTICE
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Code of the. Town of Southold, the following applications will be
held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at
the Southold Town Hall, 53095 Main Road, Southold, New York 11971,
on THURSDAY, FEBRUARY 6, 1997, as noted below:
6:45 p.m. North Shore Yacht Sales, Appl. #4458 - MICHAEL HUGHES
This is a request for a special exception under Article X, Section 100-101,
11500
B12 for new and used boat sales at/Main Road, Mattituck, NY; Parcel
#1000-122-3-6. Zone district: B Business. (Site owner: Harvey Bagshaw)
6:50 p.m. Appl. No. 4454 - SALVATORE and IRENE ARIOSTO. Based upon
the 10/09/96 Action of Disapproval by the Building Inspector under Article
III, Section 100-33, applicant is requesting to locate a storage building
(as built) in the front yard area. Location of Property: 110 Selah Lane,
Mattituck, NY; Parcel #1000-106-09-4.8.
6:55 P.M. Appl. No. 4457 -JAMES and DIANA MINOQUE. Based upon the
01/03/97 Action of Disapproval by the Building Inspector under Article IIIA,
Section 100-30A.3, applicant is requesting to construct an addition to
dwelling which will exceed the required 20% lot coverage at this premises.
Location of Property: 5650 New Suffolk Ave, Mattituck, NY; Parcel
#1000-115-10-6.
7:00 p.m. Appl. No. - LOIS T. ANDERSON. Based upon the 12/16/96
Action of Disapproval by the Building Inspector under Article XXIII, Section
Page 2 - Legal Notice
Regular Meeting - February 6, 1997
Southold Town Board of Appeals
100-239.4B, applicant is requesting to construct a deck addition to dwelling
which will be less than the required 75' from the existing bulkhead.
Location of Property: 2515 Calves Neck Road, Southold, NY; Parcel
#1000-70-4-45.5.
7:05 p.m. Appl. #4456 - FRANK and PATRICIA REILLY. Based upon the
01/06/97 Action of Disapproval by the Building Inspector under Article IIIA,
Section 100-30A.3, applicant is requesting to construct an addition to
dwelling which will exceed the required 35' front yard for this residential
premises. Location of Property: 25 Eat Side Ave., Mattituck, NY; Parcel
#1000-99-3-18.
7:15 p.m. Carryover Hearing: Appl. No. 4410 - GARY SACKS and
ALAN SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval
from the Building inspector, applicants request a Variance under Article
XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of
bulkhead, at 125 Mesrobian Drive, Laurel, NY; Parcel #1000-145-4-7.
7:25 p.m. Appl. No_ 4448 - MARIA ANDRIOPOULOS. Based upon the
11/21/96 Action of Disapproval by the Building Inspector under Article
XXIII, Section 100-239.4B, applicant is requesting a variance for the
location of a portion of a proposed deck addition within 75 feet of an
existing bulkhead at 1605 Westview Drive, Mattituck; County Parcel
#1000-107-7-9.
7:30 p.m. Appl. No. 4452 - CHRISTINA RIVERA. Based upon the
1/14/97, Action of Disapproval by the Building Inspector under Article IIIA,
Section
100-30A.3,
applicant
is requesting a variance for
permission to
locate a
portion of
a proposed
addition to dwelling for which
a portion will
Page 3 - Legal Notice
Regular Meeting - February 6, 1997
Southold Town Board of Appeals
be located at less than the required 40 ft. front yard setback from Inlet
Drive, and
a small portion
of steps less than the required
40 ft.
front
yard
from Sound
Beach Drive.
Property Location: 250 Sound
Beach
Drive
and
Inlet Drive,
Mattituck, NY;
County Parcel #1000-99-1-16.
Zone:
R-40
Residential.
This parcel
consists of approximately 40,000
sf. in
total
7:35 p.m. Appl. No. 4451 - MARIAN JEAN PRAUS. Based upon the
12/06/96 Action of Disapproval by the Building Inspector under Article
XXIII, Section 100-239.4B, applicant is requesting a variance for approval
of steps and deck construction, as built, near existing bulkhead at 2175
Nassau Point Road, Cutchogue, NY; County Parcel #1000-104-13-12.
7:40 p.m. Appl. No. 4453 - EDWARD AND EVELYN HALPERT.
Based upon the 11/18/96 Action of Disapproval by the Building Inspector,
applicants are requesting a Variance under Article XXIV, Section
100-241-A&C, and Section 100-243A, for the proposed alteration and second
floor addition (expansion) of a nonconforming building which has contained a
nonconforming (preexisting) living unit, separate and accessory to the main
dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel
#1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+/- acres.
County Parcel No. 1000- 66-1-31. Zone: M-31.
8:00 p.m. Appl. No. 4455 - JOHN and CATHLEEN HARRISON.
This is request for a waiver under Section 100-26, based upon the 11/14/96
Action of Disapproval by the Building Inspector. The Building Inspector
has determined a merger under Article II, Section 100-24A because they
have been held in common ownership at sometime after July 1, 1983.
Page 4 - Legal Notice
Regular Meeting - February 6, 1997
Southold Town Board of Appeals
Property Location: 1225 & 1227 Pine Neck Road, Southold, NY. Parcel
#1000-70-5-36&37. Zone: R-40. Size of lot when created less than 20,000 sf.
8:15 p.m. Appl. No. 4401 - DAVID DEFRIEST, as Tenant. Carryover
hearing, continued from 11/14/96, and from 12112 per applicant's request.
Use variance is requested for a car rental business concerning .property
located at 73625 Main Road, Greenport, NY; County Parcel No.
1000-45-3-2. Zone District: LB Limited Business for entire parcel.
The Board of Appeals will at said time and place hear any and all
persons or representatives desiring to be heard in the above applications.
Written comments may also be submitted prior to the conclusion of the
subject hearing. The above hearings will not start before the times
designated, and some may be carryover hearings. The files may be
reviewed during regular business hours for updates or new information.
If you have questions, please do not hesitate to call 765-1809:
Dated: January 21, 1997. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, Chairman
A-14-1997 11:05AM FROM TIMES/REVIEW 516 298 3287
APR la '97 11• SOU LD TOWN H1$L 516 765 IeM
A?PEALS BOARD
Gerard P_ Goehriager, S
Serge Doyea
Janus Dinizio,
I
[Appeals
pril 14,
o: Karen
EAS
mes:
.
mmuaicatia
Taw and th
will be held
of an testis
BOARD OF
Southold, N
noted below
$:i5 P.M.
Request An
upon the Jr
Inspector, ;
back at less
or bluff. al
C.R. 48, G.
6:20 p.m.
valiance ba
the Buildu
accessory
pard, Ar
BOARD -OF APPL&LS
TOWN OF i 1
er
first page/receipt to confirm receipt bs
)DA and return to us at 765-1823
fa a legai document which wi12 r
Thank you-) This legal notice cons
1 TXGAL NOTICE
Is iiBl SBY GIVEN, pursuant to Section 2
Code of the Town of Southold, the follot
fo additional public hearings fin order to,
a� and documentation submitted) by the SI
1
tiIWmL9, at the Southold Town Has s�
v York 11971, on THURSDAY, APRIL 24, l
or as soon thereafter as possible);
I. No. 4454 - TOWS AND KATHY KOURM
a l Variance under Article XXIV, Section ,
i
31,J997 Action. of Disapproval issued;
y
rpermissim to locate swlmmb4WWl with fed
S,
the required 100 ft. setback from
the Long island Sound. Location of
elport; Pared No- 1000-44-1-2.
k*l. No. 4466 - PETER WALKER. This i
t
4 upon the March 11,, 1997 Notice of Disap{
tuzspector . for permission to locate a
Mis court structure in an area other than t
> Section 100-231A, Location of Prr
r
P. 2
P.e
kuthoid Town MaR
53095 Main Road
PO. Box 1179
ftkt New York 11971
?ax (516) 765-1823
,phone (516) 765-1809
I of
d pages.
Town
receipt
TOWN
Road,
e times
1, based
Building
Ksure set
the bank
�yi(
:st for a
,sued by
rdon of
red rear
375 Pine
Page 2 - (Additiona)' Legal Notice
Southold Town Board of Appeals
Regular Meeting of April 24, 1997
Tree Court, Cutchogue, NY; Parcel 1000-98-1-7.17, containing a lot
size of 79,135 sq. ft.
6:25
p.m. Appl. No.
4467 -
CAROLINE
TALBOT.
This
is a request
Based upon the
July
for
a variance based
upon
the March
4, 1997
Notice of
Disapproval
issued by the Building Inspector for permission to construct an
accessory storage building in a front yard area, at premises located at
Fox Avenue, Fishers Island, NY; Parcel 1000-9-1-27, containing a lot
size of 18,500+- sq. ft.
6:30 p.m. Appl.
#4410
- GARY SACKS
and
ALAN SCHLESINGER.
Based upon the
July
16, 1996 Notice
of
Disapproval from the Building
Inspector, applicants request a Variance under Article XXIII, Section
100-239.4B for a proposed deck addition within 75 feet of bulkhead, at
125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7.
6:35 p.m. Appl. #4468 - MATTHEW AND LAURIE DALY. This is a
request for a variance based upon the March 17, 1997 Notice of
Disapproval issued by the Building inspector, for a building permit to
construct new inground pool, which disapproval is based "...under
Article III, Section 100-33, accessory buildings, structures and uses
shall be located in the required rear yard...." Location of Property:
2505 Deep Hole Drive, Mattituck; Parcel 1000-115-14-12, containing a lot
size of 22,500 sq. ft.
7:15 p.m. Appl. #4463 - L. SUTER d/b/a BLUEWATER SEAFOOD. The
applicant is requesting the following:
(a) Variance relief based upon the January 6, 1997 Action of
Disapproval issued by the Building Inspector, which states that a
"permit to construct metal frame with canvass roof (addition) to existing
Page 3 - (Additional) Legal Notice
Southold Town Board of Appeals
Regular Meeting of April 24, 1997
"permit to construct metal frame with canvass roof (addition) to existing
retail fish market is disapproved on the following grounds: Under
Article XXIV, Section 100-244B, proposed addition to existing retail fish
market with accessory seasonal single service utensil seating, proposed
construction is on a nonconforming lot located in the B General Business
District, has insufficient side yard of ... less than the required 10
feet. Action required by the Zoning Board; action also required by the
Planning Board..."; and
(b) Variance relief under Article XIX, Section 100-191 "Off Street
Parking Areas" for permission to utilize additional accessory open
parking spaces within 200 ft. walking distance of the subject lot
identified as Parcel 1000-122-3-7 (Suter), located upon adjoining
property identified as Parcel 1000-122-3-6 (now or formerly of
Bagshaw) . This proposed additional parking area is located at the rear
portion of the Bagshaw parcel that is zoned R-40 Residential, and is
accessible to serve the immediately adjacent HB business uses. The
remaining portion of the Bagshaw property (as well as the Suter parcel)
is zoned "B" General Business. Street Address of Property: 11400 and
11500 Route 25 (a/k/a Main Road), Mattituck, NY; County Parcels
identified as 1000-122-3-7 and 6.
9:35 p.m. Appl. #442951: and 4430, by LILCO, as Contract Vendee,
concerning premises referred to as 8550 (vacant land) Main Road,
Mattituck (near Laurel), identified as 1000-122-7-6.6, and also known as
Lot #2 consisting of 35,798 sf. as shown on the Subdivision of Map of
"Frank Murphy Garden Center" approved by the Southold Town Planning
Board 4/1211982. Applicant, as contract vendee, is requesting:
Page 4 - (Additionaf) 'Legal Notice
Southold Town Board of Appeals
Regular Meeting of April 24, 1997
(a) Appl. No. 44295E - Special Exception for Use of Vacant Land
as shown on plot plan for a compressor station building with fence
enclosure in this "B" General Business District.
(b) Appl. No. 4430 - Variance under Article =11, Section
100-231-A for permission to construct fence enclosure, which exceeds
maximum fence height restriction of 6 feet when located in the front
yard, and which exceeds 6-1/2 feet in or along side and rear yards.
Dated: April 14, 1997. GERARD P. GOEHRINGER, Chairman
SOUTHOLD TOWN BOARD OF APPEALS
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
Date ..7/v ..................., 19 ......
To �s 'r •' `r C �` [2
'..2
�.�. .
PLEASE TAKE NOTICE that yo��u��rapplication dated!. /{/.dY'/�/.d.., 19
Corpermit to G"2�'�?�/ZGG:l�.... :... "'T C2"�--�. .at
Location otProperty ../ZL,�1� ..�............
H
ouse No. Streeef L Homier
County Tax i\-fap No. 1000 Section .... .... Block ..,el ......... Lot .......... .
Subdivision ................. Filed ibfap No. ............ Lot No.
is returned herewith and disapproved on the Following grounds �!... Ge-/�.
.. ........_. ....:..
�......................
..................
Bu' ing Inspector
r
Rei 1/80
°�, j PORN N0.
TOWN OF SOUTDOLD
y` J"LlNI 2T 10 I1lill.blNO OI?1'AR'INRN"f
TOWN IIALL
BLDG. DEPT. SOOTHOLD, N,Y. 11971
TOWN OF SOUTHOLD 'IT1.: 765- 1110 2
rxarndned._17A...... ,,., 19,71a
Alg)rrveOl.................. 19.:., Permit No. ................
NisulgruveOl x/c ..��G..�lt6....l�., .......
..................................../✓.�..�.............
................................
(building Impector)
i✓�`,m OF imA1rru
3� ti'i'S OF PLANS .... . .... . . ... .
SIIRvRY ........................
CIIRCR .........................
SErTiC FORM ...................
NOT IPY:
. ..................
MAIL TO:CMq,144-,,
......................
4 ............. .
APPLICATION FOR I1011,1)INC PERMIT
Date ........
.
lNSTRI TffONS
n. Ibis "pillication rust Ire cargdetely filled in fly Iylxs)rlter or in ink mxl m)lxmittecl to the Building Inspector with
] sets of plans, accurate plot plan to scale. Pee according to ad)e(kile.
b, Plot plan allowing location of lot aml of Invildings on premises, relationship to adjoiniop, premises or lxbiic
:'.reeks or areas, mill giving] a detailed description of layout of property must Ile dram) on the diagram wlnlch is part of
this application. -
c. She vmrk covered Iry this alll)licatirnl my not Ire cannenced before issuance of Ikniiding Permit.
d. lllzm approval of this application, the lunildingl Inspector will issue a lunildlug hermit to the applicant. raxh
permit shnll lie kept rm Ilia prenises available for inspection throl0lout lite work.
e. No innildinp >d)all Ile owipied or vrned in whole or in part for wry lxlgxme vd)atever vmtil a Certificnte of
Ocmpa)xy shall. have I)een granted by the Iuntidirgl hmpector.
API7.ICAfIM iS 1 EWRY tW)R to Cite lluildiryi Department for the issuance of a Building Permit pursuant to the
fuilding Zone Onlimuce of the Tam of Southold, Suffolk tasty, New York, and other applicable laws, Ordinances or
Repvilations, for tie construction of Ixnildivilga, aklhtions or alterations, or for rarrrval or demlition, an lverein
descril)ecl. 'lite applicant agrees to cm1ply with all nIjAlcable laws, onlinances, building code, limiting cock, nal
repulatious, nix] to admit mlthori7,eOl inspectors on prautsen axl in Wild' '1 for nec sary �[reGYI s. y
.......................... . .............
(Slgnawre of applicant, 4reMile�, i a corporation)
P_O_ Box :lid 1 NY 119c>
...................................................
(Mailing mklress of applicant)
State vA)eM{),.er applicant is owner, lessee, agent, ardnil:ect, enghwer, ger)eral contractor, electrician, pluiber or Imilder.
..... _.. A ��N�....................................... .:...... ............ ........................ .............
.. ...
Name of mver of prexisea ,Gary, Sacks;_,.Alan. Schlesinger..., „ -
(as a) the tax roll or intent deet])
If nlyrlicant is a corlxrratio), sigmtore of Only mrilx>rizecl officer.
..........................................................
(ILrme auxl title of corporate officer)
Builders License No . .........................
1'Ivnbers License No . .........................
rlectr he: tans License tb. ...................
Other Trmle's license No . ....................
itx:atir>rn of larxi of A:idi polxrsed writ will I>c :lu:e,..._ District„1000;,,SeCt,:145_,
York„11948,,,,,
Bouse Nuxd)er Street hamlet
CAR'"'. Tax tf)n No, I(XX) Section ntw:k ...4............ Int ..: .. ........
Sudxlivisicxn ..... ............ :. filed mp no. U.2.... ..., ........
(mane)
2. State existing; use and occupancy of premises awl h)lewlecl use axl occupancy of proposed construction:
a. Writing; use nrxl occupancy •,... RPSj.dant.laidRP5jdaukJaLL .......................................................
b. Intenxlecl use aril oecupanx:y........................ ............... ......................................
' I . tWiare of txnk (ciwck rAlirJt nlgr;, ,ble): lkzu Ikdldhg; .......... Atk910(n. ......... Alluralaon ...
Relwair ............ Iteolwat Dow)I II -Ion ........... . Other Iknk .......... ............`....
Oescl ipti<xn) ••-. -
ra. fsOncdael (osc ..... .4 .QQ4-.QQ...... fee ..............................................
(it) ie lntid oil filing Ihts algllicol:i(xl)
5. If tkx!lliog, ixaier of tkaelliol; units ............ Mailer of A.lelllag; unitn on endi floor ---- .......
Ifgaringe, Ixnller of cora......................................
6. If Ixmitwsa, umntercial or lnittetl tx:oiiwtwy, slwciry nntore ruxl extent of each tyle of line ......................
7. Il iensioaaa of exislang atitwhilea, If any: Nool................. hear ............... 1)epllt .................
lleiglat l7.nlwr of Stories ......................
Ojneosions of snre st.tiwhtre with alleradoos or txk]itions: front hear ...............
ik!pth .................... Ileiglat 11.al,er of Morino ...............
S, Mutennirxas of entire iww uwlstnwtitxl: I?rrxrt. ...301......... Itear ............... Ikplh .1.8 .'.........
10111C ......................... haler of stories
9. Size of lot: (hoot .................... Rear ............ Depth
10. Male of hirclrase ...AIIgllutr--1.g 9.2 Nrne of Korner Qaawr Davin Polervae..............
It. 71mle or use district ht%Atit9t. premises are aituatetl..............................................................
12. Ikwe prolxlseti cuistnx:tltxt violate oily uxting Bow„orditunwe or regoladomi: ........................
11. Will lot Ile rellrrxlell ........ ..... Will excess fill lie remetl Fran Ilteadsest YIS IV
M. Nonce” of Owiwr of. preinlse(;�i'"X ,v,,�/.YhftTres�'%i�f'S/.�i'�9.�.'/><..1..�... i�.!✓.. 711ti}iah ifCl.�✓b':2 ;>
Mile of Architect .................................... Atklress .............................. Hunte lie. ..... .... V...
Rrne of Crxal:ractor Mklress .....Southold..•,••„_,,,,.Mine tk?.84:0733.„
15. is this prolerty within 306 feet of a tidal wetlatxll * YCS ..... X... NO ..........
*If YES, S(AIIIAAI) MM'Ilt11SIf1±.R IMMI ' MY IA; P&IlIIIH).
111.01' OIAGRAH
lxwol.e clearly soil tiistinedy all lxildioge, %A,ether exislang or prolinsed, mill hxlicate all set-lwt:k ditensions
frau prolerl'y Ihies. Give street srxl block txnlwr or descrIlthilt according to deed, will An” street ivrres will itwlicnla
tAaelber inierior or corner lot.
(W tt31 wK,-
- IBS -
tmirlY (Ar .....��UFFOL$,;
Car..... L BorrElli..-.........._.,Ix.iogUoiy nwmn, delxwea otxi.airya that Le In liw.niiplicainf
(fl;ne-of iixiividlud. oilnaiog cont.rarC)
glk! is the ... .......Agent..._. .....
((knd: ntet fir, ngt.nt, corixrcnte officer, ele.) _
of 1,11141 Lanier or ixnwrn, niwl lit billy nwlhuriztsd to Iwrfonn fir.linve ix!rlollivul the mrid inuk olnl to !4dte mel Elle thio
npplicatitni; 1.6111 nil stntarentrl contained in thin 11jrpllent Ion ore (rile to the feat: (ifa,.is kimxaletlge 111x1 Imiliefi film]
thsl. the milk will Ixs {wrfontetl in l,hu nwanwr set fot0i lit the upplicnfaou filed ihercwith,
!bx)rn to Iwfore urs this - - -
......13th .(.tiny of ....ay.. 19.9.6... 1
BkH.:ar ilibl 1.c• //.:.. it ;�c c®c: :'i�`r .
NANCY P.OISTiLi (Sil;nat+ire of Applicant)
NOTARY PUBLIC., State at New Yank
No. 30-0969815
Onalili;:,1 in Nissan County
Ca 1,,r. ssian expues 171,3 /577
RECE#VED q t s o Yt
JUL 3 Q 1916
Tom cox sd
TOWN OF SOUTHOLD, NEW YORK F 4f1 ( fi�Sl
APPEAL FROM DECISION OF BUILDING INSPECTOR
(i f -a) lei 1-6
APPEAL NO. Lj
q / 0
DATE .............................. `/ J
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Gary Sacks & Alan Schlesinger through Carmela L. Borrelli as agent
k (We)..................................................................of ..403..arolit... t.. ..... P._...Q....Box... 5.62.......
Nome of Appellant Street and Number
...............Greenport ....`.?...-„_.,,,,.,_,,,,,,HEREBY APPEAL TO
...................:......................................
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ..51627 ..................... DATED.........7/16/96............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Carmela L. Borrelli as agent for Gary Sacks & Alan Schlesinger
..............._—..._...._..._....._............... _.. .._.
Name of Applicant for permit
of P. 0. Box 562 Greenport NY 11944
............................................................. p...........................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(x) permit to construct a deck addition to existing dwelling
1. LOCATION OF THE PROPERTY ...125 nsrobian. Dr. , Laurel
................................ .
District 1000 Section/�{fBloc
Street /Hamlet / Use .....Distr. .ict .....
on Zoning Map
Lot? Current Owner G. Sacks & A. Schlesinger
Mop No. Lott 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 xxlll Section 100-239.4 (B)
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Mop
( 1 A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
(x) variance from setback requirement (from bulkhead)
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No.................................Doted.............................,........................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(x) A Variance to the Zoning Ordinance
is requested for the reason that
Form ZB1 (Continue on other side)
REASON FOR APPEAL
Cpntinued
1, STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because owners cannot realize the full potential of the
property. Owners are unable to utilize the rear yard to obtain the
fullest".aesthetic and practical benefits without benefit of the ad-
dition being proposed.
2. The hardship created is UNIQUE and is not shored by off properties alike in the immediate
vicinity of this property and in this use district because most properties are not water-
front and do not need to adhere to a 75 -foot setback to fully utilize
the property and those that are waterfront have substantially more
depth to accomodate the 75 -foot setback.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the addition will have no impact on
neighbors except to render the property more aesthetically pleasing.
STATE OF NEW YORK ) L
ss................... _.......
.... .... ...... ............
I ........................
COUNTY OFSUFFOLK ) Signature
Swo n to this ....... 1% ..................... day of........July...................................... 1996
.. : ........ a.......... ... ......
Notary Public
NOTARYNANCY PUGLI ,'S1 l��ikets Yak
Me. 3M96991$
Gam Quad�amxin Nassau Gaup
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TOWN 4P SOUTHOLD PROPERTY RECORD CARD
OWNER
STREET / Z_
VILLAGE
DIST. SUB LOT
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TYPE OF BUILDING
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TRANSCRIPT OF HEARING
FEBRUARY 6, 1997
7:45 p.m. Appl. No. 4410 - GARY SAChS AND ALAN SCHLESINGER.
Based upon the July 16, 1996 Notice of Disapproval from the Building
Inspector, apl licaiits request a Variance , under Article XXIII, Section
100-239.48 for a proposed deck addition within 75 feet of bulkhead, at
125 Mesrobian Drive, Laurel; Parcel #1000-145-4-7.
CHAIRMAN: The nett hearing is on behalf of Gary Sacks and Others
and we are asked to postpone that. If there is anybody here to discuss
this tonight, please raise your hand and we will deal with it. If there
are no hands, then I'll ask for a resolution to recess this without a
date. We have already calendared this two or three times with
postponements and we will then put it on the backburner until we want
to get back oai this.
(No one asked to speak. )
Can I have a second for that, Ladies and Gentlemen?
MEMBER VILLA: Second .
CHAIRMAN: All in favor?
(All ayes.)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robeft=A=VAhor
Lydia A. Tortora
Dear _ 6" a_;��
BOARD OF APPEALS
TOWN OF SOUTHOLD
April 14, 1997
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
A new legal notice has been prepared as a replacement of the
previous notice due to a defect when the April .10, 1997 notice was not
published by the town's official newspaper as requested. The April 24th
hearing will, as a matter of procedure, be opened and the statements
and documentation submitted into the April 10th record will be confirmed
for placement into the April 24th record. Then the same procedure will
follow as was conducted on April 10th. Please note that your
attendance is not required (you may attend if you are interested) .
Also enclosed is a new sign to be placed at the subject property
not later than Friday, April 18th. (If it is a hardship for you to have
the sign placed by Friday, please let us know immediately and we will
try to assist you.) Please return the enclosed Affidavit of Posting and
Mailing for the permanent record with mail receipts attached. (When all
the green signature cards are received, please also return them to us
for the permanent file.)
The hearing will, as a matter of procedure, be opened, :the
statements and documentation submitted into the April 10th record will be
confirmed for placement into the April 24th record, and the same
procedure will follow as was conducted on April 10th. Your attendance
is not required, but you- may attend if you are interested.
Please call our office if you have any questions.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Enclosures
LEGI�LNOTICE -
NOTICE IS HEREBY GIVEN; pur- .
suant to Section 267 of the Town Iaw -:
and thi �Codeoft6e-Town of Southold.
the -following applications will beheld
for addidon2i public -hearings (in order. i
to include receipt of all testimony, and
documentation-- submitted) by-- the
SOUTHOLD. TOWN', BOARD O_ l
APPEALS; at the Southold Town Hall, '�
53095 Main Road,Soutbold; NeWYOrJc.-.
soon thereaner:as pose
6:15 p.m.' Appl,
TObUS andr`KA3
OUMELIS:Reguest
under Articla
locate ; s
enclosun
required
the bank
Sound.-.'
ow (oi as
4464: --
with`.
7:15 pini. Appl.. No. 4463 - L-
SUTER . d/b/a BLUEWATER
SEAFOOD. The applicant -is request-
ing the following::
(a) Variance relief based upon the
January 6, 1997 Action of Disapproval
issued by the Building Inspector, which
states that a "permit to construct metal
frame with. canvass: roof: (addition) to
axis", g. retail fish market is disap- .
proyed`i oa the: following grounds: -
`Under Aiiicle.:X70V,;,Section-;100-.-
244B,,' proposed.:addition: to -existing
. reiilg isli"maiket;.with` ac'ccmry sea., .
sonal: sintic-:iervice _utensiL-.,kating, :.
;,proposed consstr4dion is•on a noncon-
forming• lot. located- in the A: General
;•BusinessDistrict,.has insufficient:side.
yard. o� :Ness than-.tfia required, .10 ,
;feet; Action required, by the. :•'Zorung '
xBoaid. action alio . required :bv__the s:
'--T- within�200 fL1wi
CJR:. 48;, GriRi*rt;."Fatroe1 Na,100&� . = s f 'subject` lot `iiient
,1000-122=3:(Suter),
LnN -:-
STATE OF NE DRK)
SS:
IMOF SUFFO K
C. Der of Mattituck, in
said 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 of New York, and that the Notice of which
the annexed is a printed copy, has been regular-
ly published in said Newspaper once each week
for �_ weeks successively, commencing on
�
the �0.0
day of 1 19_V.
Principal
-.6.20 pm. App. identified `as Paroul`"
TERmAijam This is a request fora - l g P rt3! / G
variance based. -upon: the March `11,
1000=12 3 fi (now . or formerly, of, _.: Sworn to before me this / 0
:1997Notix;ofrDisapproval.issued-by' . ",BagshawThis Proposedtradditional' > jl
Parlung area, is=located at thciear por-"`= da of C 19
.'the Building Inspector, for pennissioa... Y
to locate a, a ition of a : Via;; of the Bagshaw parcel that is i :: 1
- p° ;, zoned.R�O Residential; and-i&accessi-
tennis`aourt°stntchiii in_an area:ot6et, _.;ble io serve'tiie immediatel `ad"scent MARY DIANA FOSTER
than: the :iequiied Team, yard. Artiste • Y 1 NOTARY PUBLIC, STATE OFNEW YORK
•HB business uses: Tlie iemain. r=
XXMIL Secttat;100-231A i ocatton ofr g Po NO. �2�.'655242, SUFFOLK COUNTY
tion of the Bagshaw property, (as well•: - COMMISSION I t
Property:;; 375Pin-„Tree,'`Cgar;1, ;=ttie:s�te ar '1 -d�"B” +.�t:ga�IIS .O�'tPIRES AUGUST 31, -9:� 7
7:17; contammg'aTotsiz
ft. x°
6:25 pm. ApOPA
OLINE TALBO' .,4 Tlu
for a varianix.basad; Q
1997 Notice of Di*1P�
the jBuilding Inspector
to construct a aecessorj
rag'. in a ` froat< aid? aia
located at Fox A' nue;
NY; Parcel.:1000-9 '=2;
lot size .of•18;SOOt sq.:
• 6r#m:Appl No: _
: SCHI.ESINGER: Base
16;;1996Notiac'ofDs
the Buildink- -, .
ct4
request a -Variance under
-- . r .p- ce) a .zone . •.
'�:-Gen"e`ral-Busiaess:�•Stnxt Addre� sof .
P6ape4:.11400 and 11500: Route 25,_,
(a/lda� Main Road);' Mattituck;.: NY;
County Paicel4_ideatified as 1000-122-' '
9.3fipm. App
l: No 4429SE and =
4430; hy.LILCO; as Contras Vendee, ..
.,,concerning premises refeaed`'to ;as'
mattinwic Cnear taureij, roennnea as. .
X1000-1217=6.6; andalso.known as Let -
AT, -`
.��.##2'cousisting of 35,798 sL as shown on ..:
k the.: Subdivision of " h( pzr of rxFraak
Yu ..."t. •.
'"Mprphy Garden -Center'-' approved by;
Section 100-239:4B7 foie a -proposed F
deck addition withia,75 feet of bulk-
head, at 125 Mesrobian Drive,; Laurel;
Parcel 1000-145-4-7.-,
,.6:35
MATTHEW aid'1 AURA DALY:_=
Tbis-is a iequfor'a`vai�iance based --
eat .
':upon. the-Marcli'117j199TNotice-.:o%
Disapproval 'issued by - the Building.` .
Inspector, for a building permit twcon- -.1
struct new inground'pool, whichdisap
provai is based ":::under -`Article- Ill;_; -
Section 100=33,;`accessory buildings,: �
structures and uses: shall.be-loc ited in== _t
. the requited teal:yard: "'Locationeof' :.
Property:; Z50 --;!Hole Drive;,..._
Mattituck;;;:Pacct;n1000=115'14-i2, ��
con a to -s n of 22500 sq.'fL-
-"4/12119tfl:;t AppllCant,.- as'-'COnrt :
vendee;s iie4cs.gtmF
(a) APPI. No. 4429SE77Special'
Excepga_w; f&,Use of :as..:,r
shown•.omp6i-- an fora-eompressoi;`-.
.= station.bwTding.withtens enclosure in;.':
this "B'' General Business District. `^
. 04 Appl. No. 4430 —Variance ?
under Article XXIII, Seclmn�100-23i
A for permission to construct fend.,
enclosure, which: exceeds.. maximums
fence.height restriction of 6 feet
wh en
located in the front yard,
ich
exceeds -6-112 feet in or alongside and-
`14,199?.
;Dated -= "
P. GOEHRINGER,
Chairman
jU�O1,p TOWN -BOARD OF
APPEAiS
,GAk.,erL N
NOTICE Or AEARING
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:
DATE OF PUBLIC HEARING:
-7-Wu.es. 4Re-aV, /997 G � 3o,aa,,
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 3 a.m. and
BOARD OF APPEALS e TOWN OF SOUTHOLD (516) 765-1809
_D��K T10AI SCT.6,9CeS
d-1d-1997 11:OAAM
FAX COVER SHEET
.l�
O D�
i
Z
ROM:2EW
�� �a #o1 s
s / (+ v ` sheet)
REVIEW
SP A P E
7785 Ma n Rc ad, P.O. Bax 1500, Mattituck, NY 11952
a
(516 29 -3200 • FAX (516) 298-3287
i.
NOTES:u oaA
r
r
T
F
FROM TIMES/REVIEW 516 298 3287
w
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
R JNXX
Lydia A. Tortora
Maureen C. Ostermann
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF MAY 7, 1997
Appl. No. 4410 - GARY SACKS and A. SCHLESINGER
PARCEL 1000-145-4-7
STREET & LOCALITY: 125 Mesrobian Drive, Laurel, NY
DATES OF PUBLIC HEARINGS: October 17, 1996; December 12, 1996;
(February 6, 1997); April 10, 1997; April 24, 1997.
PROPERTY DESCRIPTION: This property is located in an R-40
Residential Zone . District, being situate on the easterly side of
Mesrobian Drive (private road) with 68.47 ft. road frontage, and 91.26
ft. frontage along Great Peconic Bay. This lot contains a total area
of 14,261 sq. ft. and is improved with the following: one-story stucco
house (single-family) with attached porch and fence near property lines,
as depicted on the June 26, 1990 survey map.
BASIS OF APPEAL: Building Inspector's Action of Disapproval dated
July 16, 1996, which reads as follows: "...under Article XXIII,
Section 100-239.4B, proposed deck addition to dwelling will have
less than the required 75 ft. setback from the bulkhead - 40 ft.
indicated. Action required by the Zoning Board of Appeals.... "
AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate new
35 ft. wide by 15 ft. deep deck addition at the rear of existing dwelling
more particularly shown on sketches prepared and submitted for
applicant under this application, -with proposed setbacks at: (a) 55 feet
to bulkhead from deck at its closest point, and (b) 45 ft. to bulkhead
from the bottom of steps at its closest point.
REASONS FOR ALTERNATIVE AND BOARD ACTION, DESCRIBED BELOW:
(1) The granting of the area variance will not produce an undesirable
change in character of neighborhood or a detriment to nearby properties
because adjacent parcels are all undersized.
(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 placement of the dwelling as established creates the
proposed deck location to extend toward the bulkhead (northeast side of
the property) .
(3) The requested area variance is substantial because of the
substandard size of this parcel.
Page 2 - Appl . No. , D (Sacks)
Decision Rendered May 7, 1997
Southold Town Board of Appeals
(4) The proposed variance will not have an adverse effect or impact on
the physical or environmental conditions in the neighborhood or district
because deck is landward of bulkhead and there will not be a need to
regrade any portion of this lot by the installation of an open deck
addition to dwelling.
(5) The situation has been self-created because of the size of the lot
and the extensive angle of the dwelling on the parcel.
(6) This action is the minimum that the Board deems necessary and
adequate and at the same time preserves and protects the character of
the neighborhood, and the health, safety, welfare of the community.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded
by Member Dinizio, it was
RESOLVED, to DENY the relief as applied, AND BE IT
FURTHER RESOLVED, to GRANT ALTERNATIVE RELIEF FOR A 12 -FOOT
DECK EXTENSION SUBJECT TO THE FOLLOWING CONDITIONS:
1. Deck shall be without a roof, and without a lattice top.
2. Deck shall remain open (fully) to the sky.
3. Deck addition shall not exceed 12 ft. past the dwelling, which will
leave a setback at approximately 52 ft. from the bulkhead at its closest
point and at approximately 70 ft. at the opposite corner of the deck to
the bulkhead.
4. Deck lighting shall be shielded to the deck area only without glare
or disturbance to neighboring or nearby properties.
VOTE OF THE BOARD:
AYES: MEMBERS DOYEN, GOEHRINGER, DINIZIO, OSTERMANN.
NAY: MEMBER TORTORA, AS TO ALTERNATIVE RELIEF, for the
reason that a4open, ground level patio could be an alternative.
This resolution was duly ADOPTED, 4-1.
GERARD P. GOEHRINGER, CH#IRMAN
Resolution Adopted May 7, 199(7
Actions. 971145-4.7
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNTY OF SUFFOLK
_e
ROBERT J. GAFFNIEYt, MAY I�/9 a 1
SUFFOLK COUNTY EXECU1lVE
May 15, 1997
JONES, A.I.C.P.
OF PLANNING
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s) submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county -wide or
inter -community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
acks (Gary) & Schlesinger (A.) 4410
LILCO 4429SE
LILCO 4430
Osler, Wilbur 4470
Boardman, Richard 4472
Daley, Sylvia M. 4473
Very truly yours,
Stephen M. Jones
Director. of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
C: \W P W I N 60\W P D 0 C S\ZO N I N G\W 0 R KI N G\LDS\MAY\S D4410. MAY
220 RABRO DRIVE ■ P.O. BOX 6100 0 HAUPPAUGE, LONG ISLAND, NY 11788-0099 ■ (516) 853-5190 0 FAX (516) 8534044
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Ha 11
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
P=s- ar.t to =---fie X717 7 of -e Sl1ffo l< C012=7 3L --IS ra=:7e i cde, The
2s� of ? eels of the Town c� ScuL^nld, �e�a '�crt, l.e_ e:V re_�'"s � e foilewizg
to. -.the SuffoLk County Pl anni zq-.-mnissicP- -
XX lariance from the Zoning Code, Article XXIII Section 100-239.4B
Variance from Oetarmination of Southold Town Building inspector
Special Cxcegtion, Article , Section
Special Permit
Appeal .`lo: 4410 :applicant: Gary Sacks and A. Schlesinger
Location of Af;ected Land: 125 Mesrobian Drive, Laurel, NY
County Tax ,hap :tem No.: 10 00 - 145-4-7
Within 500 reef OT:
Town or '/iilaee 3oundary Line
Y X X Body o . ;Dater (Bay, Sound or=stuary )
State or County Road, Park,. -jay, i 9hV/ay , Thruway
Boundary of Existing or Proposed County, State or Federally Owned Land
Boundary of=xistlna or Proposed County, State or Federal Park or Other
Recreation :`,rea
=xisting or Proposed Right -;vay o� any Stream or Drainage Channel Owned by
file County Or Or ?+hiCn Che Count
y hdS eSzabllShed Channel Lines, Or
,v i thi n One %Ii le o= a Nuclear 'carer Plant
I,di L. in Jne i,1 le of an ,moire,
J.:mments: -INppiicant requesCing permi=Si0n.to construct deck addition to
dwelling within 75' of bulkhead and northerly side yard setback
_::0 �., 0
I iwn -ana re. --2n 'oCvi.Iznl� _nc.o-ea for your review
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
R
Lydia A. Tortora
Maureen C- Osterman
Carmela Borrelli, Esq.
Ongioni & Borrelli
P.O. Box 562
Greenport, NY 11944
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 9, 1997
Re: Appl . No. 4410 - Sacks and Schlesinger
Dear Ms. Borrelli:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Enclosed is a copy of the Board's determination rendered in the
above application. We have today furnished the Building Department
with a copy of this determination for their update and permanent file.
Please be sure to finalize your applications with the Building
Department and any other agency having jurisdiction before commencing
construction activities.
If you have questions regarding the next step and the
documentation needed to complete your permit file, please call the
Building Department at 765-1802. (If you have questions regarding
the enclosed ZBA determination, please feel free to call our office at
765-1809).
Very truly yours,
Linda Kowalski
Enclosure
Copy of Decision to:
Building Department
C14
ZZ
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 9, 1997
Re: Appl . No. 4410 - Sacks and Schlesinger
Dear Ms. Borrelli:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Enclosed is a copy of the Board's determination rendered in the
above application. We have today furnished the Building Department
with a copy of this determination for their update and permanent file.
Please be sure to finalize your applications with the Building
Department and any other agency having jurisdiction before commencing
construction activities.
If you have questions regarding the next step and the
documentation needed to complete your permit file, please call the
Building Department at 765-1802. (If you have questions regarding
the enclosed ZBA determination, please feel free to call our office at
765-1809).
Very truly yours,
Linda Kowalski
Enclosure
Copy of Decision to:
Building Department
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Dear n r^a„ .
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 22, 1997
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Please find enclosed a copy of the Legal Notice confirming the
date of the public hearing for your application to be held Thursday,
February 6, 1997. This notice was published this week in the
Times -Review by our office.
Also enclosed is a sign to be posted by you within 10 feet from
the front property line (facing the traveled street) . The Affidavit
of Posting must be signed and returned to our office as soon as may
be possible, after the sign has remained in place at least seven
days. (The sign may remain in place longer, which is always
preferred.)
Please feel free to stop by, or call us, during the last few
days of processing to review any updates or communications that
could be added to the file. a/so p we eow A.6e r fA e- Ac7-e4,V _;r1V A4&41
Very truly yours,
Enclosures Lindas/����2���-,
P.S. Enclosed is a copy of the "standards" of law for your use.
Please note that different standards of law apply in different appli-
tions, i.e. "area standards under New York Town Law" apply to most
variance applications, "waiver standards under 100-26" apply to
merged lots as per 100-25 (different than area standards). "Land use
standards of Town Law" apply to use variances. "Special Use Excep-
tions" under Town Law and Zoning Code standards.100-263 thru 100-265.
�e.Ck �cidi fi0% f}5 �IM EN� ECJ
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..
OWNERS) OF RECORD:
�T• Qoks 't' A'• 5CA1e%J*A9CY
DATE OF PUBLIC HEARING:
'T'b u r S, q
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 4 p.m.
BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
SOUTHOLD TOWN BOAR® OF APPEALS at the Town Mall, 53095 Main Road,
40 Southold, New York, concerning this property.
pec.
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
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.
S
OWNER(S) OF RECORD:
6 ir PP Y. S- a- 4,- /e.5
DATE OF PUBLIC HEARING:
If you have an interest in this project, you are invited to view the Town f'
Y P 1 � Y 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 e (516) 765-1809
L
EGAL'N0T1C--K-.d-
-.,-:AQARD. 0F.APPEAL$jqj
-'T0"`0FS0UTH0LD'
Gow
:DE"C EWI1996,,-
A 'Y
qp�EN-`;o . ursuantt4SeqtLQzi.2_kZ-_,.
of -the,-r6.wn�-Law-and'tli6r.CodO,
0�,#T:Towa of SOO &-'t.h&
OF APPEALS, at the '§-ouil 611;
Town I-Ialh,53095 Main.Road,'
Southold; New York 1-1 1 9.7-l;.6h
THURSDAY, DECEMBER:
12;'.'19.9.'6---a�'§"noted belo-w-
F5 p.m. Appl. N0..4438
GIUSEPPE & LAURIE,
-COMO'! This is an application
�ih`
'� -
for ' a Variance basedupop e
November 1996 Action' of Dis_`
ijii6Vhr6M6BfflFdffjT*dc-
.tor,.under-Article 14, Section-,
-V
1 00�33 C,. -4',-'which,ao,ilicantap'*"-.,
plied f8'F-Awuddi-fii�gpe�
rate accessory building, and that
yard area hag-beetLdesignated a
secondfront.yard_Eocation of
Projertyf65�y6tjngs A -venue,
Southold; 'W:Paiirc*erffi W1600-`
2_-,7:20-,p'.m.-. Appl. #4439-:-J,
KID N! - ROUND- . by.
THERESA WALKER. -
(Owner of Property:Anthony
Pirrera). This is - an application
for a Special Exception- for oc-
cupancy/use of a rental unit in an
existing business center -located
at 46455- County. Road 48,.
Southold, NY,; Parcel #1000-55-
2-21, for use as a commercial
recreation facility, and. -uses nor-
mally accessory and incidental to
commercial recreation', as pro-
videdby Article X, Section 100-
101 B(6) of the Zoning Code. B-
Gneral
'� " Business.
3."-7:25 p.m. Appl. No.,44429-
-, �-- 6-_` , 4`-litco
�Cdrryo�ier-' om-1111:.
request-for--SpecW-Exi5&otion-for
use -of :gas 'compressor station.
Lot' 1#2'.' -' Subdivision ofF...J'
`Murphy-:at1 (S/s)' Main Road,..
_,Maftituck.5f!
1.4'.'725-pi.m., Apply No. -4430-.-
C, a"rry';bver from 11/14/96 Vari-�.-
` anic'e'a-p'plication by LILCO.,
Propos` ' 6d -fence height up to 8 ft.,
from lowest finished grade.. S/s
,,-Mai*',.'n-kok,
Mattituck.
p.m..App1.No..-4437.
DAVID AND BONNIE
_PASC0_SpeciaLEkception re-
quest. to establish'. professional,,.
offiM-1s -hirst
gi - q
building: gocated
-inthis19
.
Residential-Offic6ff��.,Rb), z7bri6,'
I - 7. . I -e j '- - . -,
D- b Arti'D
i�ct�i5prop e y, ce
j -g- -00*
itioWT
o!zs topeft7y.-.5-11 -Main:
ot'builUiffg to fle'8111gle-tanilly
wtthl`iaccesso
ADLYN.:SYVERSQNVari
ance 'based updd--"ihe;October '7",-:-^,,'
1996 Action .of Disapproval of
thebuilding IhspectorA&ein
7-4p ,filant has requesteda permit,
-to 611&&terision to dweilling at
420 Private -Rodd #LT off Camp,
Mineola * Road, Mattitdck'% NY,
Parcel #1000 -123 -6_17 -(now.:
17.1) UndenA140hUff' V -;.Sec--
- -------*� - ? -. I
tion -l00-244BJ0roposd-con
r
struction wilk- e-- ar msiffi-
cidnt westerly- Zfae4set6a&'�fid 'i
total side ya-r-dg:—f-o'i.—the 2*7,029+-
_,sf lot__Wcated -in arrR4?0'Zone
ztrict
FRED ANDRUTHROSSLA
Xariance is d'
theNoybifiliefT, l996_X6fibii-of
.Dis4pproval_,b}ijh6BuildiQ In-
spector� fo*iplaiicement hia '.ac-
cessory -(shed) bdildhii iA.An4a'rea
other than th6Li6quifed.ib'ar.yard,
at -265`Brigdntifiii.`,-DHve
Southo1d,'NY`-Hafbor. fijhts
, 7 `-Uti
Estates,, Section One,, 6 '32-'
Parcel #.1000-7,94-45.-
8.7:50 p.m.AppE - 'N� 6:442--
COSTAS '. and `-.�'_*XRY
CAVIRIS. " Request jora
Waiver under Arti6k!`11;3e6tion
100-26 conc' . erning , a y'ap-an-t: lot
identified as _1000-1.*'- Z_Z-35,
which has been':deemedlffierged
in the Oc'tober'11,149& fi&
of Di
_!a
1p
'y 3"�
., .*
jV 5ai
- house ' ' "el,W"100-0r6
-2--
40, ThjSejots _,��49wq,qp
the
Y:: -:Map -of _ Captain'KiQ_gs
ifites
:::14Q
_,
_�approve in- L949,"6yth'e',
-9-06thold Tbwn,,BoK(.,-PXesent
.--ZoneDistricE)Rj -Res!denil_
_iah-1-
-9 8:0
_Applin
Pax, gril,
d-sor-
"y
built'
:�.th
nib
Prose
them
6 M,fi
nen
foI R__t I
T,
(a n! d "M Mm --'." Joseph
_Grfbizo,-Ay
� Owners:) Carryover
I.-hea6n'g, ccbntinuedffobYTl7l4/
request? ..96.'_'U§'d -variance-h r't' con -
I 1,-, , X
cernirig..propert;---to-
_y -cated at
=73625-'MMH-R6dd"'
,-!Greenport,
NY un -P- --e: -UH000-45-
0 :) 'I
13'-2: Z;Districts ' 'invited
dine
usential.,
10
N
SCHLESINGER!`Ba!ied--dpbn
A'i apioposed
'deck -addition Withff.75 fd6t-of
Meir"o'bian.
Di&e' turil,' .,NY- -;-,- Parcel
6`q-jdo . ppeals`w�ill at
said id tund,.and ohmeNi�iy and
Piegehtitives.
esirifigt6-be-hiaardiiitheibove--
ap' 1rdiiioh:k..W,
p ` . ritten �omments,
b"
nigy-�ls'-be'su -m1tkd-.6if6r to
'the---co-nciu sion-6f"the suliject
hearing Tlie above Bearings will
-notstarLbefore. the. times..desig-7
naffed be
carryover hearings.. Th&:files`:'
may be reviewed during iegu
jar
business, hours -for upd4tes.,9r:.`
new "formation- iyou u have, ,
questions,;
. . i .1
estions,: please- also do not
hesitatetocall.7.65-1809
Date.d:,.No.vemb6r 20,`f9961.--_--11
:,---. -.--BY QRDER.OFTHF_ I
I
COUNTY OF SUI=FOLK
STATE OF NEW YORK 5s:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of the TRAV-
ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each week for
............................................../. .................. weeks
successively, commencing on the ... .........
day of...........G."
Sworn to before me this ........ .5.......... day of
.........................�.,. ................. ,19...
....................��...- ......................................
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806846
Qualified in Suffolk County
Commission Expires $ 131 198
BOARD OF APPEALS
TOWN OF SOUTHOLD
NOTICE OF HEARINGS
NOTICE' IS HEREBY
JIVEN, pursuantfo Section 267
':)f the Town Law and -the Code,
Df tfie. Town of Southold, the i
following, applications will be i
held for, public hearings before
the"SOUTHOLD-j.-TOWN:
BOARD OF:AP.PEALS',: at the
Southold Town Hall,;' 53095
Main Road,- Southold, New York
1197,1 -,.,on THURSDAY,. OC-
rOBER-17,. .1996,:.'commenc-
ing at the times specified below: i
7:30 p.m. Appl. No.. 4407-
HUGH and ROSEMARY '
MURPHY." ' Carryover from '
9/19/96 and 8/21%96.
7:32` p.m- Appl No. 4423- .
ARTHUR FOSTER. Based
upon the. September -18, 1996
Notice of Disapproval issued by
the Building Inspector, applicant
is requesting. a Variance under
Column iii of the Bulk Schedule,
Article III, Section=100-32 (R-
80 Residential Zone District), for !
approval: of the, substandard lot
depth (and if necessary, substan-
dard frontage (width) along Cox
Neck Road of proposed Lot #2)
in this proposed cluster division.
Property Location: Approxi-
mately 933 feet south of the in-
tersection of Bergen Avenue,
along the westerly side of Cox
Neck Road,- and running west- ;
erly over a private.right-of-way.
County Parcel ID #1000-113-07-
P/O 19, 14 (P/O former 19.6) at
Mattituck, NY. -
7:37 p.m. AppL No. 4410
GARY SACKS and A.
SCHLESINGER. Based upon'
the July 16, 1996 Notice of Dis-
approval issued by the Building j
Inspector,. applicants are request-
ing a Variance under Article
XXIII, Section 100-239.413 of
the Zoning Code, for approval of
the proposed setback of a deck
addition to dwelling which will
be located within 75 feet of the
bulkhead (and for approval of
deck at the northerly side yard
setback). Location of Property:
125 Mesrobian Drive, Laurel,
NY; County Parcel #1000-145-
4-7. This parcel is substandard
in size with 14,261 sf of lot area I
and frontage of 68.4 ft. along
Mesrobian (private) Drive..
7:42 p.m. Appl. No. 4421 -
HENRY TRAENDLY. Based
upon the July 12, 1996 Notice of
Disapproval issued by the Build-
ing Inspector, applicant is re- I
questing a Variance under Ar-
ticle XXIII; Section 100-231 of
the Zoning Code, for approval of
excessive height,'above four ft..
for a berm -fence combination as .
presently 1pcated in the: front
yard at -13220 -Main Road; East -
Marion :NY;-County.,Tarcel
#10000=31'-14=12-- _;._.t. i_ i._
7-45,p.m Appy_44425 i
GISELA-MORCHEL�,This is
an application requesting a Spe-
cial
i
cial Exception for an Accessory
Bed`and Breakfast •Use: in the
applicant's ' residence at 26405
Main Road, Cutchogue, NY for
the renting.: of three. -bedrooms
and serving of breakfast.to not
more than six transient roomers.
County Parcel #1000=109-2=
13.5, Lot #1 shown on the Map
of Ralph and Theresa Asselta
Minor Subdivision,- with front-
age along Crown Land Lane, at
Cutchogue. This'lot consists "of
21,645 sf and is located in the R--
40
-40 residential Zone district.
7:50 p.m. Appl. #4427-WH,-
LIAM P. SCHOLL. Based
upon the September 24, 1996
Notice_ of Disapproval, of the
Building Inspector, applicant is
requesting Waivers under. Sec-
tion 100-26 of Article Il, of the
Zoning Code for (three) lots cre-
ated by deed prior to April 1957
and which undersized lots have
joined due to common owner-.
ship after July 1, 1983. Location
of Property: Bungalow Lane and
Center Street, Mattituck, NY;
County Parcel Nos. 1000-123-2-
17.1, 17.2, 18. Each if presently
improved with a single-family.
dwelling. Zone District: R-40 j
Residential.
7:55 p.m. Appl. No. 4422- D
& D CYCLES, INC. as TEN-
ANT. (Pudge Corp., Owner).
This is a request for a Special
Exception under Article XXIII,
Section 100-131B(8) for permis-
sion to sell, with temporary out-
door display of "marine items"
(ref: Section 100-239.6), relative
to Unit #8 at 22355 C.R. 48,
Cutchogue, NY; Portion of Par-
cel #1000-84-1-26.3. Zone:
Light Industrial (LI) Zone Dis-
8:00 p.m. Appl. #4426-
JANET SWANSON AS
TRUSTEE OF VIRGINIA
MOORE TRUST.. Based upon
the September 24, 1996, No-
tice of Disapproval issued by the
Building Inspector, applicant is
requesting two Waivers under
Section 100-26 of Article II of
the,Zoning Code for an under-
sized lot created by deed prior
to December 1,. 1971, and an-
other undersized, lot- created by
deed -prior -'to April 9, 1957,
which` lots are- in an Estate/
.Trustee,ownership and therefore
"will be;. or', alieady have been
jp4dd'byfthis,hearing date, due
to common ownership. Location
of Property;;,^Hyatt (private)
Road;,Southold, NY; County
8:05 _p.n
Mr. and Mrs: Joseph Gnoizo,;a§
Owners)- Request of variance
based upon the Jiine'3,;1996-
Building-Inspectoi's'Notice- of•
Disapproval underArticle-'VIII;
Section -100-8 IA for a Use -Vari-
ance; due to discoiitinuance of
former nonconforming use as a
service-siation=with gasoline
sales evidenced by issuance of a
Certificate of Occupancy. The
grounds. for- which the June 3,
1996 action.was issued are: Au-
tomobile rental use is not a per-
mitted use in this. Limited Busi-
ness (LB) one District., Loca-
tion of Property.: 73265 Main
Road, Greenport,. NY; ' County
ParcelNo. 1000-45-3-2. Sizer 5+
acres.
The Board of Appeals will at
said time and place hear -any and
all persons or the'ir-representa-
tives in the'above applications.
Written comments may also be
submitted prior to the conclusion
of the subject hearing. The above
hearing(s) will not start before
the time designated, and a few
may be carryover hearings. The
files are available for- review
during biisiness hours, and may
be reviewed•.for: updates until
about 3:45.p.m. on the date of
the scheduled hearing. If you
have questions, please also do
not hesitate to call 765-1809.
Dated: October 1. 1996
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P.
GOEHRINGER, Chairman
By Linda Kowalski
1 X-10/3/96(108 )
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of the TRAV-
ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each week for
....................................................... Z............ weeks
successively, commencing on the .... .�....
l6
dayof .................. ................. ,19.......
.��.`........
Sworn to before me this ........ .... ...... day of
.. 19.y1-
.
...............
�,
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806846
Qualified in Suffolk Coun
Commission Expires $ t ]9s
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Carmela L. Borelli Esq.
P.O. Box 562
403 First St.
Greenport, NY 11944
BOARD OF APPEALS
TOWN OF SOUTHOLD
September 3q 1996
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Re: Appl . No. 4410 - Setbacks for Addition ( Sacks & ano )
Dear Ms. Borelli:
Attached please find a replacement notice (sign) which should be
posted on or before Thursday, October 10, 1996. This sign gives a
brief description of the project and the time. The day of the
hearing, of course, remains the same: October 17th, 1996. It is
preferred to have the sign remain in place until the day of the
hearing (even if minimum 7 -day posting requirement has been met) .
Once the sign has been in place for seven days, please sign and
1'eturn the enclosed Affidavit of Posting.
As .you know, we are still awaiting confirmation as to the
closest setback requested as measured from outside of the deck to the
timber border on the landward side of the beach.
Very truly yours,
�- 11
Linda Ikowalski
Enclosures
bac, Var
NOTICE OF HEA ING
NOTICE IS HERESY GIVEN that a public hearing Will be held by the
SOUTHOLD TOWN SOAR® OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York, concerning this property.
OWNER(S) OF RECORD:
GlqfArVj(�5 -� �• SChiesi���Y
DATE OF PUBLIC HEARING:
Thurs. CCT* 1001m7l 119 1=3Am,1
9f you have an Aerest 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
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the
Code of the Town of Southold, the following applications will be held for public hearings
before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095
Main Road, Southold, New York 11971, on THURSDAY, OCTOBER 17,1996 commencing
at the times specified below, or as soon thereafter as time permits:
7:30 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Carryover from
9/19/96 and 8/21/96.
7:32 p.m. Appl. No. 4423 - ARTHUR FOSTER Based upon the September 18,
1996 Notice of Disapproval issued by the Building Inspector, applicant is request a
Variance under Column iii of the Bulk Schedule, Article III, Section 100-32 (R-80
Residential Zone District), for approval of the substandard lot depth (and if necessary,
substandard frontage (width) along Cox Neck Road of proposed Lot #2) in this proposed
cluster division. Property Location: Approximately 933 feet south of the intersection of
Bergen Avenue, along the westerly side of Cox Neck Road, and running westerly over a
private right-of-way. County Parcel ID #1000-113-07-P/0 19.14 (P/O former 19.6) at
Mattituck, NY.
7:37 p.m. Appl. No. 4410 -,GARY SACKS and A. SCHLESINGER. Based upon the
July 16, 1996 Notice of Disapproval issued by the Building Inspector, applicants are
requesting a Variance under Article XXIH, Section 100-239AB of the Zoning Code, for
approval of the proposed setback of a deck addition to dwelling which will be located within
75 feet of the bulkhea (and for approval of deck at the northerly side yard setback .
V ovu n,r� c(� (.
'�- CEO
i o� 3
Location of Property: 125 Mesrobian Drive, Laurel, NY; County Parcel #1000-145-4-7.
This parcel is substandard in size with 14,261 sf of lot area and frontage of 68.4 ft. along
Mesrobian (private) Drive.
7:42 p.m. Appl. No. 4421- HENRY TRAENDLY. Based upon the July 12, 1996
Notice of Disapproval issued by the Building Inspector, applicant is requesting a Variance
under Article XXIII, Section 100-231 of the Zoning Code, for approval of excessive height,
above four ft. for a berm -fence combination as presently located in the front yard at 13220
Main Road, East Marion, NY; County Parcel #1000-31-14-12.
7:45 p.m. Appl. No. 4425 - GISELA MORCHEL. This is an application requesting
a Special Exception for an Accessory Bed and Breakfast Use in the applicant's residence at
26405 Main Road, Cutchogue, NY, for the renting of three bedrooms and serving of
breakfast to not more than six transient roomers. County Parcel #1000-109-2-13.5, Lot #1
shown on the Map of Ralph and Theresa Asselta Minor Subdivision, with frontage along
Crown Land Lane, at Cutchogue. This lot consists of 21,642 sf. and is located in the R-40
Residential Zone District.
7:50 p.m.. Appl. No. 4427 - WILLIAM P. SCHOLL. Based upon the September 24,
1996 Notice of Disapproval of the Building Inspector, applicant is requesting Waivers under
Section 100-26 of Article H of the Zoning -Code for (three) lots created by deed prior to
April 1957 and which undersized lots have joined due to common ownership after July 1,
1983. Location of Property: Bungalow Lane and Center Street, Mattituck, NY; County
Parcel Nos. 1000-123-2-17.1, 17.2, 18. Each if presently improved with a single-family
dwelling. Zone District: R-40 Residential.
2 of 3
8:00 p.m. Appl. No. 4426 - JANET SWANSON AS TRUSTEE of VIRGINIA
MOORE TRUST. Based upon the September 24, 1996 Notice of Disapproval issued by the
Building Inspector, applicant is requesting a two Waivers under Section 100-26 of Article
H of the Zoning Code for an undersized lot created by deed prior to December 1, 1971, and
another undersized lot created by deed prior to April 9, 1957, which lots are in an
Estate/Trustee ownership and therefore will be, or already have been joined by this hearing
date, due to common ownership. Location of Property: Hyatt (private) Road, Southold,
NY; County Parcel #1000-50-1-12 & Zone District: R-40 Residential.
8:05 p.m. Appl. No. 4401 - DAVID DEFRIEST as Tenant. (Mr. and Mrs. Joseph
Gnozzo, as Owners.) Request for Variance based upon the June 3, 1996 Building
Inspector's Notice of Disapproval under Article VIII, Section 100-81A, for a Use Variance,
due to discontinuance of former nonconforming use as a service station with gasoline sales
evidenced by issuance of a Certificate of Occupancy. The grounds for which the June 3,
1996 action was issued are: Automobile rental use is not a permitted use in this Limited
Business (LB) Zone District. Location of Property: 73265 Main Road, Greenport, NY;
County Parcel No. 1000-45-3-2. Size: 5+ acres.
The Board of Appeals will hear any and all persons or their representatives in the
above applications. Written comments may also be submitted prior to the conclusion of the
subject hearing. The above hearing(s) will not start before the time designated, and a few
may be carryover hearings. The files are available for review during business hours, and
may be reviewed for updates until about 3:45 p.m. on the date of the scheduled hearing. If
you have questions, please do not hesitate to call 765-1809.'
Dated: October 1, 1996. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
Gerard P. Goehringer, Chairman
By Linda Kowalski
3 of 3
of r��ql�
Jd �.
p ONGIONI & BORRELLI
ATTORNEYS AT LAW
403 FRONT STREET • P.O.BOX 562
U GREENPORT, NEW YORK 11944-0562
TEL. (516) 477-2048 • FAX (516) 477-8919
MARIE ONGIONI
CARMELA L. BORRELLI
September 9, 1996
Linda Kowalski
Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Application of Gary Sachs
Dear Linda:
7 MUCHMORE LANE
EAST HAMPTON, NY 11937
TEL. (516) 324-5209
FAX (516) 324-7521
This will confirm our telephone conversation today wherein I requested that my
client's application for a variance be adjourned from the September hearing to the
October hearing because of discussions he is having with his neighbor regarding a new
e6nfiguration of the proposed decking area.
Please advise whether the October hearing will be held on the 16th or 17th as
soon as you have determined the date.
Thank you for your cooperation and assistance.
Very truly yours,
ONGIONI & BORRELLI, ESQS.
clb/ns By:
Carmela L. Borrelli
cc: Gary Sachs
sachs:zb"dj.ltr
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James DinWo, Jr.
Robert A. Villa
Lydia A. Tortora
SO,S�FFO��cOG
C= y�
y =
I -$
BOARD OF APPEALS
TOWN OF SOUTHOLD
0
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
October 17, 1996
S.E.¢.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4410
Project/Applicants: Gary Sacks and A. Schlesinger
County Tax Map No. 1000- 145-4-7
Location of Project: 125 Mesrobian Drive, Laurel, NY
Relie= Requested/ Jurisdiction Before This Board in this Project:
Construct deck addition to dwelling within 75' of bulkhead �a
n�tk
or S
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law Tqs-4 o- the Town of Southold.
An Environmental Assessment (Short} Farm has been
submitted; however, Section 617.13 of 6 NYCRR. Part 616, and
Section 8-0113 of the Environmental Conservation Law, this
variance application falls under the Type II classification as
established by law. Further, this Department.may not be an
involved agency under SEQRA {Section 617.13(a) as amended
February 14, 19901..
Although this action is classified as Type II for this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(jj)), this determination. shall have no affect upon any
other agency's interest or SEQRA determination as an involved
agency.
For further information, please contact the Office of the
Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at
(516) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board members.
Copy placed in ZBA project file for record purposes.
APPEALS BOARD MEMBERS WF®[Fell
Gerard P. Goehringer, Chairman rt
Serge Doyen v
James Dinizio, Jr. p
Robert A. Villa®
Lydia A. Tortora
BOARD OF APPEALS
TOWN OF SOUTHOLD
S.E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No . 4410
Project./Applicants' Gari[ Sacks & Alan Schlesinger
County Tax Map No. 10v 0- 145-4-7
Location of Project: 125 Mesrobian Dr., Laurel, N.Y. 11948
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Relief Requested/Jurisdiction Before This Board in this Project:
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law X44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 617.13 of 6 NYCRR Part 616, and
Section 8-0113 of the Environmental Conservation Law, -this
variance application falls under the Type Ii classification as
established by law. Further, this Department may not be an
involved agency under SEQRA {Section 617.1a(a) as amended
February 14, 1990)..
Although this action is classified as Type II 'For this
variance application under SEQRA {specifically 617.13, 616.3(j),
and 617.2(3-3-)3, this determination shall have no affect upon any
other agency's interest or SEQRA deter.nination as an involved
agency.
For further information, please contact the Office Of- the
Board of Appeals, Town Hall, Main Road, Southold, N.Y 1197= at
(5_6) 765-1809.
Original posted on Town Clerk Bulletin Board, Town Hall
Copies to applicant or his agent and individual board menmers.
Copy placed in ZBA oroject file =or record purposes.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR. OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS
FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
RE: ZONING APPEAL APPLICATION #4410 OF GARY SACKS AND ALAN
SCHLESINGER
DATED: July 31, 1996
Transmitted is an application of Gary Sacks and Alan Schlesinger,
together with sketcher of proposed project, Southold Building Department
Notice of Disapproval, Application for Building Permit, copies of survey,
questionnaire for filing with ZBA Application, Southold- Town Building
Department Certificate of Occupancy.
Judith T. Terry
Southold Town Clerk
I
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••••• TRANSMISSION RESULT REPORT •• ........... (APR 14 '97 11:48AM).........
SOuinOLD TOWN HALL 516 765 1823
............................................................................................................................................. ( AUTO) .................
DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL MOLE
TIME IDENTIFICATION SULTS PAGES
APR 14 11:46AM SUFFOLK TIMES 01149" OK ES 05 011
........................................................................................................................................................0.......................................1................
E)ECM >)REDUCTION S)STANDRRD M)MEMORY C)CONFIDENTIAL #)BATCH
D)DETAIL $)TRANSFER
F)FINE P)POLLING
o If
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
` Serge Doyen
James Dinizio, Jr.
Lydia A. Tortora
Maureen C. os ermann
FACSIMILE TRANSMISSION
o�OS�FFD(,�eaG
y =
BOARD OF APPEALS
TOWN OF SOUTHOLD
April 14, 1997
TO: Suffolk Times, Inc. ATTN: KAREN LOPER
Re: Legal Notice for Publication April 17, 1997
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Please publish the attached additional Legal Notice for
publication in the April 17, 1997 issue of the Suffolk Times.
Please send a receipt of this document by return fax to the Board
of Appeals at 765-1823.
After publication, please forward one (1) Affidavit of
Publication to our office together with your voucher for payment.
Thank you.
Yours very truly,
Linda Kowalski
Attachment: Four-page Legal Notice (Hearing Date: 4/24)
APPEALS BOARD MEMBERS
hard P. Goehringer, Chairman
Serge Doyen
-'+James Dinizio, Jr.
Lydia A. Tortora
Maureen C. Ostermann
Carmela L. Borrelli, Esq.
403 Front Street
Box 562
Greenport, NY 11944
BOARD OF APPEALS
TOWN OF SOUTHOLD
March 25, 1997
Re: Variance Request - Greg Sacks & ano .
Dear Ms. Borrelli:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
This will confirm that the public hearing in the above matter
has been calendared for a final hearing to be held at 7:20 p.m. on
Thursday, April 10, 1997.
Very truly yourv-'��`-
r
Linda Kowalski
cc: Abigail A. Wickham, Esq.
-
/ P. O. Box 416
Laurel, NY 11948
March 14, 1997
ACC, . U'�Y7 F
MAR 141997 ?�
r
I 1.! �• I S �L 1f
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Dear Board Members,
Ref: Our letter of December 10, 1997
We would like at this time to withdraw our objections to the Sacks/Schlesinger plan
for a new deck to the south of our property. We have reached an accommodation with
the petitioners regarding view and therefore would be agreeable to their proposed plans
for either a 12' or 15' deck.
Very truly yours,
u r1rl�
rge and Kathryn Johnston
ONGIONI & BORRELLI
r ' ATTORNEYS AT LAW
r�h�iL t/��% �� 403 FRONT STREET • P.O.BOX 562
F6 GREENPORT. NEW YORK 11944-0562
a/f TEL. (516) 477-2048 FAX (516) 477-8919° ��
MARIE ONGIONI �' �/ ��`'
�y+-3i N LICHMORE LANE
CARMELA L. BORRELLI EAST HAMPTON, NY 11937
7 �! ,
TEL. (576) 324-5209
MAR 2
I997 1 FAX (5 16) 324-7521
/7J �
March 10, 1997 - �-
Linda Kowalski
Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Application of Gary Sacks and Alan Schlesinger
Dear Linda:
This will confirm my advice to you today that my clients will be proceeding with
their application fora variance at the April meeting based on the plans, etc. previously
submitted to the Board and that no revision will be submitted.
By way of explanation, my clients have not revised the plans since extensive
discussions and negotiations with.the adjacent property owner have apparently resolved
matters that were of concern to him. It is my expectation that there will be no opposition
to the proposal currently before the Board from my clients' neighbor. Of course, at the
April 10th meeting at which I believe one or both of my clients will be attending, we will
be prepared to discuss and address any Board concerns involving the current proposal.
Very truly yours,
ONGIONI & BORRELLI, ESQS.
clb/ns By: _1a If
Carmela L. . Borrelli
cc: Gary Sacks & Alan Schlesinger,
sachs:zbaplan.ltr
.............................................................................. TRANSMISSION . RESULTREPORT ..:................. ( MAR 13 '97 110 25AM)..................
s SOL LD TOWN HALL 516 765 1823
........................................ ................................................................................................. :...... ................................. (AUTO) ......................
DATE . START REMOTE TERMINAL TIME. RE— -MODE TOTAL PERSONAL LABEL FILE
TIME IDENTIFICATION SULTS. .,PAGES NO.
MAR.13 11:24RM 516 298 2012 00'36" OK ES 011 003
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D)DETAIL ,$)!TRANSFER
F)FINE P)POLLING
Ir
„ `yf'
ONGIONI & BORRELLI
ATTORNEYS AT LAW
403 FRONT STREET • P.O.BOX 562
GREENPORT, NEW YORK 11944-0562
TEL. (516) 477-2048 • FAX(516)477-8919
MARIE ONGIONI
CARMELA L. BORRELLI
February 6, 1997
Linda Kowalski
Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Re: Application of Gary Sacks and Alan Schlesinger
Dear Linda:
FEB 71997 I
7 MUCHMORE LANE
EAST HAMPTON, NY 11937
TEL. (516) 324-5209
FAX (516) 324-7521
This will confirm our telephone conversation today wherein I requested that the
above application scheduled for tonight's hearing be adjourned for two months to the
April meeting of the ZBA. As I stated, we have been discussing this matter with
neighbors and wish to resolve any differences that exist before presenting a final plan to
the Board.
Thank you for your assistance and cooperation in this matter.
clb/ns
BY FAX & MAIL
cc: Gary Sacks
Alan Schlesinger
Gail Wickham, Esq.
sacks:ZBAadj.1tr
E
Very truly yours,
ONGIONI & BORRELLI
By:
Carmela L. Borrelli
Jl
1-7
BOARD OF APPEALS: TOWN OF SOUTHOLD
-----------------------------------x
In the Matter of the. Application
AFFIDAVIT
of
GARY SACKS and ALAN SCHLESINGER
(Name of Applicants)
------------------------------------x
AFFIDAVIT OF MAILING AND POSTING
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Nancy P. Distil;iresiding at East Marion,
New York, being duly sworn, depose and say that:
1) On the 15th day of April , 1997 , I personally mailed,
by certified mail, return receipt requested, a true copy of the
attached Legal Notice, addressed to each of the following named
persons at the addresses set opposite their .respective names, that
the addresses listed below are those shown on the current assess-
ment rolls of the Town of Southold; that said Notices were mailed at
the United States Post Office to each of said persons by certified
mail, return receipt requested:
Name of Surrounding Property Owner Mailing Address
Mr. & Mrs. George P. Johnston - 8 Starling Rd., Randolph, NJ 07869
Mr-.& Mrs. John J. Harrington, Jr. - 190 Mineola Ave., Roslyn Hgts, NY
Jane & Douglas Seeth - 1937 SE 33 Terr., Cape Coral, FL 33904
Bertram Walker - Box 1169, Peconic Bay Bldv., Mattituck,NY 11952
Christopher Steinhardt - 10 Maple St., Garden City, NY 11530
Mr. & Mrs James Buscemi, 8 W xford St., St. TamPg, MY 11780
Lucienne Holfelder - 10 Starr Lane, Bethel, CT 06811
the property identified as District 1000, Section ,
Block , Lot by placing the s official poster
ten (10) feet, or closer, from the y line' facing the street
(or facing the right-of-wa that I have checked to be sure
the poster has r e in place for seven full days prior to the
date ofublic hearing ( date o hearing noottteed reon to be held
Sworn to before me this signature)
15 day of Aril 1997 .
Notary Public
(Please return to the off ice. of the
Thank you.)
CARMELA L SORREL U
Notary Public, State of New Yot*
11
Boarua
� cft
ed
Countycompleted.
Commission.Expires January 31,49t%9ff
BOARD OF APPEALS:TOWN OF SOUTHOLD
-----------------------------------x
In the Matter of the Application
AFFIDAVIT
of
GARY SACKS and ALAN SCHLESINGER*
(Name of Applicants)
------------------------------------x
AFFIDAVIT OF MAILING AND POSTING
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Frank Ammirati , residing at
New York, being duly sworn, depose and say that:
by certified mail, return receipt requested, a true copy of e
attached Legal Notice, addressed to each of the followin named
persons at the addresses set opposite their respective es, that
the addresses listed below are those shown on the curr t assess-
ment rolls of the Town of Southold; that said Not' s were mailed at
the United States Post Office to each of said ersons by certified
mail, return receipt requested:
Name of S
Mailing Address
2) On the ASA day of April , 1997, I personally posted
the pro erty identified as District 1000, Section 145 ,
Block 9 , Lot 7 , by placing the Town's official poster
ten (10) feet, or closer, from the property line facing the street
(or facing the right-of-way) , and that I have checked to be sure
the poster has remained in place for seven full days prior to the
date of the public hearing (date of hear'Uote thereon to be held
April d2 , 1997) .
6tit . -.
Sworn to before me this
aZ �d day of%Apr ' 1997 .
Notary ' -Public NOTARY PUBLIC, State of New York
No. 30.0969815
( Please return to tfi#1ifb �i�1kP b�) �e
Thank you.) Commission pares
re
Board of Appeals when completed.
FEE -06-97 10:.1. -4' -AM ", ONGI0'NIB'i7RRELLI 5+ .624',,,;75,21`' P.02
0i\1GiC P1IF8
...
: 4G,,' N ONT STREET P.0.30X :6?
: GREENPOGT• NEW YORK 71944-0552
TEL (616'1 d''7.20P® FAA X516) 477-Sjll
MARIE ON010NI '. p• f ,
7 MUCHMORC LANE
CARMELA L. FtORnEIU `: ' EAST HAMPTON. NY 11937"
r TEL; (516) 324-5209
FAX (5 16) 324-7521
Februar., 6, 1997
1
Linda Kowalski
�v• ki
a
o
Zoning-B+oard of Appeals
Town !--fail.
Main Road �
Southoid, New York.1971
Re: A1212firation
Dcar .1, inda:
This will confimi our telephone conversation today wherein I requested ,that the
above application scheduled for tonight's hearing be adjourned for two months to' the
April" mccting of the ZBA. As i stated, we have been discussing this matter with "
neighbor: and wish lc1 cesolvc aaiy differences Hiatt exist before prescnting'a ficial pian to -
the Board. :
'zhanlc you for' yourassistat ce and coolierat:on in -this matter: f:., .
Very. truly ours,.
GNG1019Tj & BORRELLi s
clb/Ila , By.
Cannela I,. Borrc •li
BY FAX &i MATT Tx7'a: ;: i`.t°i•`
cc: Gar, Sacks
Alati Schlesinger: , ' . .
Gail. Wickham, F. -,q.'
s5c1(s:ZHA2dj.1(r
{y.
MAR C
TRANSCRIPT OF DECEMBER 12, 1996 HEARING
SOUTHOLD TOWN ZONING BOARD OF APPEALS
Approx . (9:00 P.m. Appl . No. 4410 - GARY SACKS AND ALAN
SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval from
the Building Inspector, applicants request a Variance under Article
XXIII, . Section 100-239.4B for a proposed deck addition (amended 12/11
to include roof and screen enclosure) within 75 feet of bulkhead, at 125
Mesrobian Drive, Laurel, NY; Parcel #1000-145-4-7.
CHAIRMAN: I have the original survey from Roderick VanTuyl, P.C.,
dated June 26, 1990 indicating a modified trapezoidal deck that's
requested which was the nature of the application but, because of the
amendment, we now are requesting a screened -in porch and roof area.
CARMELA BORELLI,
ESQ.: I don't
know
where that came
from - that it's
amended
to request a
screened -in roof.
MEMBER
TORTORA:
What we were
told
by the Building
Inspector is for
a deck -
if a deck has a roof - screen enclosure, it's not
a deck.
MS. BORELLI: It's
not going to
have
a screen enclosure and it's not.
going to
have a roof.
It's going to
have
latticework across
the top.
MEMBER
TORTORA:
That's a roof.
It's a
roof structure.
CHAIRMAN: Yes.
MS. BORELLI: O.K.
MEMBER TORTORA: And there's a screen mentioned somewhere in the
papers also - a screen enclosure.
MS. BORELLI: Not that I know of.
MEMBER TORTORA: O.K. I'll check the file when the Chairman is done.
CHAIRMAN: Just let me finish this. I have a copy of the Suffolk County
Tax Map indicating this and surrounding properties in the area. To
answer your question, the restrictions on the decks that we say are a
platform attached to the house, open to the sky. And if it isn't open to
the sky, it isn't a roof.
MS. BORELLI: By open - I'm not quivaling here - I'm trying to get
clarification for myself: By open to the sky, it's not open to the sky if
it's latticework. It's not a solid piece across - there is not a roof. It
is almost like an arbor type thing.
Page 2 - Transcript Hearings
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
MEMBER TORTORA: No, it can't be anything above that according to the
Building Inspector. The Chairman may have a different definition but
that's not what the Code is..
CHAIRMAN: No, mine is not a definition. Mine is just what we write in
the decisions, that's all - as a statement.
MEMBER TORTORA: It's considered a roof so...
MS. BORELLI : O.K.
J
MEMBER TORTORA: That's why I put that in there because it's amended
to include a roof now and I wanted to make that clear.
CHAIRMAN: We'll refer to it as a roof structure.
MEMBER TORTORA: Lattice roof .
CHAIRMAN: Not necessarily a roof but a roof structure.
MS. BORELLI: Then I have a follow-up question. Does that change the
criteria in any way that they have to meet - because it's not open to the
sky?
MEMBER TORTORA: No, it's to let everybody be aware that it's not just
a deck. O.K.? .
MS. BORELLI : O.K. .
CHAIRMAN: I'm not sure about that and the reason why I'm not sure
about that is because we're worried about ingress and egress and this is
an under -sized lot. O.K.? If we were. so inclined to need access for fire
or emergency purposes, that would inhibit our access because you don't
have much access on the south side and, from looking at the property, I
would gain access from the north side. Pardon me?
MEMBER VILLA: There's only 6 ft.
MEMBER TORTORA: It's the same thing, isn't it? 6 ft.J1 6 ft.
CHAIRMAN: Yes, but I'm just saying that I would rather gain access
upland than down.
MS. BORELLI: I happen to agree with you because when I went to view
it, that's the way I went in - from the north side.
CHAIRMAN: Right.
MS.. BORELLI : As opposed to the south side.
MEMBER TORTORA: This structure would not have anything to do with
that access...
CHAIRMAN: If I'm dragging hose it does.
Page 3 - Transcript u- .Iearings
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
MEMBER TORTORA: I mean the house is at the corner right now.
CHAIRMAN: It doesn't make any difference. If I'm dragging 2 1/211 or 3"
hose, it does.
MS. BORELLI: If it has a roof - if you call that a roof - and it has a
roof - but it has the railing anyhow, how does the roof inhibit your
access if you're dragging hose?
CHAIRMAN: I can't explain it to you unless you were actually there -
unless you're actually there and I don't want to - I would never want to
see that happen but it does have an affect. I can bring up the old
blackboard and give you some...
MS. BORELLI: I probably wouldn't understand, it anyhow.
CHAIRMAN: Remember, you promised to be fast tonight.
MS. BORELLI: I know and I started out with all these questions. I'm
sorry. I'm sorry. I apologize.
(laughter)
MEMBER TORTORA: Is there a screening going in there?
MS. BORELLI: No, not that I know of.
(laughter)
MS. BORELLI: The screening has to be something that I've never heard
about and it's certainly not in the plans that were filed with you that
show how it's going to be built. I talked to Gary this afternoon and I've
talked to him many times, as you know, by the changes in the survey
and it's never, ever been mentioned.
CHAIRMAN: O.K. Is there anything that you would like to add?
MS. BORELLI: We have applied to the Town Trustees and they have
visited the site. They were given copies of the survey, the new amended
survey and they have approved it. I believe they issue a waiver. That's
been done. I'm sure you are aware that the location of this house as it
sits on this piece of property is the result of a variance that was
granted back in the 1960's . It sits the way it sits causing the - or
creating - the need for further variances because of the way it sits
there. What else can I tell you? Unless you have some questions. I think
all of it is contained in the plans that were given and the survey that
was given. Other than that, I would answer any questions that you have.
CHAIRMAN: We'll start with Mr. Doyen. Mr. D.?
MEMBER DOYEN: This arbor, would it be free standing? More or less? I
see no supports for it to the house other than at the end. Would that be
the south end? In other words, are there going to be support joists
going across?
Page 4 - Transcript __ Hearings
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
MS. BORELLI: Do you mean attached to the house?
MEMBER DOYEN: Yes, to the arbor. It doesn't appear to be but it just
seems like to me...
MS. BORELLI: It would seem to me that you would have to have them
because I don't know how you would support it at the other end.
MEMBER DOYEN: Right, right.
MS. BORELLI: You're right. I do not see, unless ... Do you have this
one? When that says 2 Y 12 ledger with 2 Y 4 support flange - is that...
MEMBER DOYEN: No, that's just a ledger - but, I mean, that would
support your joist. I'm looking at this one here.
MS. BORELLI: Which doesn't show...
MEMBER DOYEN: Which doesn't show any, supports. I just want to
clarify that that is so.
MS. BORELLI: I can't answer that question. I can get an answer for you
but I can't answer that question.
MEMBER DOYEN: O.K.
CHAIRMAN: O.K. Mrs . Tortora?
MEMBER TORTORA: I had been down there a couple of months ago - it
had been postponed so many times and the plan has been amended a
couple of times. I'm looking at this latest plan, August 29th - you're
proposing 50 ft. from the back of the bulkhead?
MS. BORELLI: Yes .
MEMBER TORTORA: The 6 ft. on the north part of the property - is
that 6 ft. to the end of the deck or 6 ft. to the outer corner of the
house?
MS. BORELLI: It's 6 ft. to the outer corner of the house. The distance
of the front of the deck to the lot line, the closest is 10 ft.
CHAIRMAN: Right.
MEMBER TORTORA: O.K. I don't have any other questions at this time.
CHAIRMAN: Mr. Villa?
MEMBER VILLA: I don't know if you noticed or saw the letter we
received from Kathy Johnston?
MS. BORELLI: Yes, I've seen the letter and I mean I have no reason to
doubt that the people were related or still are related and that, at that
point in time, that is what they decided to do. I mean I have no reason
Page 5 - Transcript r.. - learings
Regular Meeting of December 12, 19,96
Southold Town Zoning Board of Appeals
to doubt what he says in the fetter. I just - I'm not sure if that
impacts someone who bought the house 20 years later when two people
decided what . to do in the 1960's that suited those two particular
families. I'm not sure how that impacts someone who bought the house in
1989 and now wants to make a change in the house. And I don't think
that Mr. Johnston's view will be obstructed to any great extent because
of this deck. I mean the applicants here could put hedges, and in fact,
were planning to' put hedges to -screen that and create more privacy but,
in the interest of, not blocking the neighbors' view, they are not going
to do that. I mean I have a landscaping plan that showed hedges going
up quite a bit. That would have really ruined their view of the water.
I've told them to discard, that and throw it away. I don't see; how an
open deck...
MEMBER VILLA: When you're saying an open deck, we're not really
talking an open deck. We're- talking a deck here with a roof on it.
MS. BORELLI: If that roof becomes a great hindrance, I will tell them to
get rid - of the roof. I didn't imagine, that open latticework was going to
be ... I mean it certainly doesn't hinder your view this way if the
latticework is up here.
MEMBER VILLA: With the terrain of that property, your site lines are .all
screwed up.
MS. BORELLI: That's true. That is true.
MEMBER VILLA: Well, you know, we're supposed to discuss minimal kind
of relief 'here and you 'do have a patio - existing patio - now and why
wasn't that considered to be possibly enlarged? I can see they want to
come out because they've got the sliding doors. They could come out
with just- sort of a walkway over, to an enlarged patio which wouldn't
create the same problems that it's creating now.
MS. BORELLI: Well, I think that the patio, as it stands on this side of
the house, is not really want they want. I spoke to Gary about this last.
week or the, week before and they really - he tells me that this side
really . is very exposed to the sun and so forth and that was' why they
want to move it to the back side because, as the sun goes this way ' in
the afternoon, , they get a more shady area which was -another reason
why they wanted to put the' latticework... obviously they* have 'an
aversion to all ' of the. sun. The door that was added on this, I guess it's
the northeast side because it's at an angle.,- that comes out from, I
believe, the dining area which, . I think for their purposes, makes this
proposed deck better for them in terms of living space - to be accessible
from their, dining area: Maybe part of it was just an element of choice.
The original owner put the porch and patio on that side of the house
and the new owner likes the deck on the other side of the house. I mean
it could be just a matter of choice as, to where you prefer it.
CHAIRMAN: O.K. We'll see what develops throughout the hearing. Do
you have any other setbacks of any other neighbors?
Page 6 - Transcript c [earings
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
MS. BORELLI: I know that - do you mean of the house? Of the houses
or accessory structures?
MEMBER TORTORA: Of .decks .or anything.
CHAIRMAN: Remember, it's not accessory structures. It's related to the
house.
MS. BORELLI: I know that Mr. Johnston, next door, just got a variance
from this Board...
CHAIRMAN: That was a garage...
MS. BORELLI: To build a garage on the other side.
MEMBER TORTORA: Besides him, is there anybody else?
MS. BORELLI: No .
CHAIRMAN: O.K., thank you. Is there anybody else who would like to
speak in favor of the application?
(No one wished to speak.)
CHAIRMAN: Is there anybody else who would like to speak against the
application?
GAIL WICKHAM, ESR.: Good evening, if I may, my name is Gail Wickham
and I represent George and Kathy Johnston who own to the north of this
property. Unfortunately, they weren't able to be here tonight. Mr.
Johnston's mother just died unexpectedly but they did ask me to appear
and address you. I will, in the interest of the hour, try to be very
brief to the extent that I think I can say in two words our position.
There is no hardship. No. hardship. However, I would appreciate it if
you would let me elaborate on that very quickly. I think that Mrs.
Johnston's letter indicates how the houses were historically designed and
that location of the people who built the houses actually reflects what
would happen if you did properly and strictly apply the zoning
ordinance and it was set up in the neighborhood for that - in that
fashion. You asked about the setback of other lots in the area. These
are really the only two lots that are shaped like this - the other lots
are not and, in terms of Mr. Johnston's setback, he's 78 ft. from the
creek. If lie were to use the granting of this application as a precedent,
he could move out 28 ft. I don't think that's what anybody in the
neighborhood or the Town would want. Basically; hardship means you
don't have an alternative. That's where they want it. It's not a reason
that is adequate under the Zoning Code. And here they do, as Mr. Villa
pointed out, appear to have adequate _room in the side yard in which to
locate a deck area. Certainly the sun problem could be- handled with
awnings or trees or some other manner. It's not necessary living area.
The sliding doors on the water side that they want to hook up to this
deck weren't there. Until just very recently that was a window. So, I
just - frankly, I don't see any hardship in any of this application. As
far as the impact on the Johnstons or other properties, for that matter,
Page 7 - Transcript Hearings
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
it would be a significant impact - the view will definitely be impacted
because of two reasons: first of all, the location and; second of all,
there's a tremendous differential in height. The difference in height
between the Johnston's patio and the floor of the proposed deck would
be approximately 3 ft. The proposed deck would be at least 3 ft. higher
just to begin with because of the topography of the property and then if
you add railings and other things on top of that, there is going to be a
significant impact. Noise, lights and other things are going to impact.
Particularly when you're close to the water. Those of you who are know
that noise does travel and the closer you get to the water, the more
that's going to carry, both here and across the creek. And I think that
briefly, on the question of the fire hose, you can't run a hose over a
roof . You can run it over a deck. Is that generally the...
CHAIRMAN: Yes, that's exactly what I was saying.
MS. WICKHAM: Other than that, unless you want some specific questions
with me, that's our position.
CHAIRMAN: Well, the only question that I have, Gail, is that the
topography of the property would lend itself that if you came out even
with an even extension of the patio to make it a little bit larger, you
may be required to go for a variance anyway because you're actually
parapetting the patio as it goes out farther.
MS. WICKHAM: You mean the existing patio?
CHAIRMAN: Right, right.
MS. WICKHAM: Well, yes but if you came out straight and parallel to the
creek, which you could also do, you would be preserving the existing
setback of the house from the creek. You wouldn't necessarily have to
come out straight from the patio. You could angle it along. There's a
whole yard area there because the existing patio does come out - I have
it written down here somewhere - I think it's in the neighborhood of 12
ft. So, you would come out the existing patio and then maybe it would
angle off a little bit if the Board felt inclined to do it that way. But
there's plenty of area there in that southern yard area and you don't
have to go over as far as the house which would impact your access to
the water.
CHAIRMAN: O.K. Thanks . Ms. Borelli?
MS. BORELLI: I think that the speculation on what you can do or not do
with the existing patio is a matter of preference. These applicants
obviously prefer to add decking the other way and do not want to go
out from that existing patio. And the only way you could go out is as
Gail has pointed out, in that one direction because if you go the other
way which is the side of the house that they would like to go out, they
would still be looking for a variance because the house itself doesn't
meet the 75 ft. setback. It's approximately 62 ft. from the water so no
matter what they do, they're going to be faced with that problem of not
meeting the -75 ft. setback. I also do not agree that under the Zoning
Code you have to prove a hardship. I think you have to weigh what this
Page 8 - Transcript Hearings
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
does as a benefit for the applicant as opposed to any detriment to the
community, health safety and so forth but I do not think that you have
to show hardship. Other than that, I know that these applicants would
consider accomodations in terms of the size of this patio - maybe not go
out 15 ft. Maybe 12 ft. If you tell me the roof is - I mean, I don't
really see it because there's open railings on the side and there is a
railing and this is all open between here and the arbor type but I can
talk to them about that. So I know that they are willing to do a give
and take on this and as for the privacy and the noise, their original
proposal as I said, was to put hedges and so forth there so that there
would be no noise and to keep the privacy angle because they're
moving. But I've told them that that would totally destroy the view of
the nextdoor neighbor so that they should not put the hedges in.
CHAIRMAN: I have a little problem. I have an elevation problem that' I'd
like to look at. I would like to' re -visit the site. This has gone on for
a little while anyway so, if it's not a problem, I'd like to recess the
hearing and re -convene it and go out and take another gander.
MS. BORELLI: Sure. I think that....
MEMBER TORTORA: (Spoke to the Chairman about the inspection.)
CHAIRMAN: I can do that too.
MS. BORELLI: My understanding is that the height has been planned the
way it is so that it is flush with this other patio so that you're not
creating steps and then steps which could be potentially hazardous.
That's my understanding of why the height is the way it is. But that
would be fine.
CHAIRMAN: The Board has asked me to close the hearing pending my
second inspection.
MEMBER TORTORA: Let me ask a question - would your client still
object if they agreed to come from 15 to 12 ft. back and unroof - which
is a considerable change?
MS. WICKHAM: I think that's certainly heading in the right direction. I
don't think that they object to the deck per say as much as the
extension of it. 12 ft. still brings it out fairly far. If they just
wanted to come along the house 6 ft. or so to be able to access that
doorway and then come out again in the side yard, I don't think they'd
have a problem - 6 or 8 ft. ...
MEMBER TORTORA: I'm just saying if it's possible to work something
out this evening, it would be great. Could you kind ' of show us what
you're talking about? It's kind of hard for me to envision this, Ms.
Borelli.
CHAIRMAN: I can't do anything tonight because I can't get the
elevations completely.
MEMBER TORTORA: She just wants to talk about it.
Page 9 - Transcript Hearings
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
CHAIRMAN: I have no problem with that. You're welcome to talk about it
but I have to get there with Mr. Villa because we have to work this
thing out as we do with that one down there on Bay Avenue.
( Simultaneous discussions. Unable to decipher statements.)
LINDA KOWALSKI (ZBA Secretary) : Excuse me, I can't get everybody
but I would like to.
MS. B ORELLI : Especially when we're all talking at once.
(Simultaneous discussion.)
MEMBER VILLA: ...We're giving her a variance - no question but you're
coming out here 6 ft. You're eliminating really noise use here. You're
putting it over here. That's what you're doing.
( Simultaneous discussion.)
MEMBER VILLA: How are you going. to have somebody 2 ft. from your
property line and having a party?
MS. BORELLI: I talked to the Johnstons at the time that I was out there
visiting the site which was months ago and he told me 12 ft. was
acceptable to him.
MS. WICKHAM: He never said that. You were talking to my client?
( Simultaneous discussion.)
MRS. KOWALSKI: Jerry, do you want to get off in 5 minutes or...
MS. BORELLI : I guess he was your client at the time. As soon as he
told me he was represented by counsel, I shut my mouth and walked
right away. I said, "Forget it - Gail Wickham will be chasing me all over
the Town on this one". I didn't know he had a lawyer. He came over
and talked to me. He wanted to know if I was trespassing on his
neighbor's property because he didn't know who I was.
( Laughter)
MEMBER TORTORA: Well, that would be my request.
CHAIRMAN: The problem
that we
have here
is the
elevation factor that
we're talking about. The
farther
out here
is the
elevation factor that
she's referring to. O.K.?
We could
be talking
5 or 6
ft. out here?
MEMBER VILLA: At least.
CHAIRMAN: In reference to elevation. Off the ground. See, that's the
problem, O.K.? That's the reason why Mr. Villa is asking for that to
be...
Page 10 - Transcript Hearings
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
MS. BORELLI: If, if - I know that they would cut it from
15 to 12. I
have authority to do that - to go from 15 to 12. 6,
I think, is
unreasonable. You can't get a table and chairs...
(Simultaneous discussion.)
MEMBER VILLA: All I'm saying is that the 6 ft., for me, all
that's doing
is providing you access from a dining room to a deck which
is only 3 or
4 f t . away...
(Simultaneous discussion.)
MEMBER TORTORA: If you want to extend that deck - I mean they have
as nice a view from there as they do here.
CHAIRMAN: Just remember - what we're worried about is
the elevation
factor.
MS. BORELLI: Right.
MEMBER TORTORA: Their view is the same.
CHAIRMAN: Because we're creating a vaulted situation which we really
don't want to create.
MEMBER TORTORA: Why don't you compromise? They're asking for 15.
Why don't you both agree to 8?
MS.' BORELLI: I can't agree to 8. I don't have authority to do that.
CHAIRMAN: Well, that's what I'm saying.
(Simultaneous discussion.)
CHAIRMAN: ...and we'll go back and we'll re -convene it.
MEMBER TORTORA: Carmela, will you allow the Board to give you an
alternative or would you rather re -apply - let them deny it and you
re -apply?
MS. BORELLI: Oh, don't even say that in jest, Lydia.
CHAIRMAN: Lydia...
MEMBER TORTORA: I mean just in case. Come on - I think that's an
excellent idea.
CHAIRMAN: For the record, I knew this was not going to. be a short
hearing.
MEMBER TORTORA: Yes, you were right. We could make a decision or
we could do it right now.
Page 11 - Transcript, IIearings
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
CHAIRMAN: Could you do me a favor? Would you go back to them and
see what they will go for?
MS. BORELLI: They will cut back.
( Simultaneous discussion.)
CHAIRMAN: Would you please explain to them that height problem...
(Simultaneous discussion.)
MS. BORELLI: Gail, can I ask you another question? Suppose, just
assume...
(Simultaneous discussion.)
MS. BORELLI: Gail, assume for the sake of discussion that we went to
12, and not less than 12, but we came back further off the lot line.
MS. WICKHAM: Can I make a suggestion - that we contact our clients
and confer between now and the 16th and see if we can come up with
something?
MEMBER TORTORA: Respond in writing. If you want to respond in
writing, you don't have to come back.
(Simultaneous discussion.)
MEMBER VILLA: Find out where those windows are and start the deck
there.
MS. BORELLI: Where the sliding glass door is?
MEMBER VILLA: Right.
MS. BORELLI: I think that's even a possibility too.
CHAIRMAN: I'm closing the hearing...
MEMBER TORTORA: Pending a written response from both attorneys.
CHAIRMAN: I don't understand why we can't leave it open until
February.
MEMBER TORTORA: It's their choice - what would you rather do? Do
you want to come back or do you want. to do it by letter?
MS. BORELLI: Well, if you leave it open, it doesn't mean we have to
come back again.
CHAIRMAN: No.
MS. BORELLI: It means if we resolve it and we've resolved it - period.
Page 12 - Transcript Hearings.
Regular Meeting of December 12, 1996
Southold Town Zoning Board of Appeals
CHAIRMAN: That's it. Sure.
MS. BORELLI: And if we don't resolve. it, we'll be back anyhow.
(Simultaneous discussion on whether to leave the hearing open or to
close it.)
MEMBER TORTORA: The problem is, we don't have a plan then. Do you
know what I mean?
CHAIRMAN: Yes.
(Simultaneous discussion.)
CHAIRMAN: I want to reserve decision - excuse me, I want to leave it
open until February and let them meet - they've got the whole month of
January to meet...
( Simultaneous discussion.)
MS. BORELLI: So, Gail, I'll give you a call?
MS. WICKHAM: In February.
MRS. KOWALSKI: February 6th, Carmela.
CHAIRMAN: February 6th.
MS. BORELLI: February 6th.
(The motion was seconded by Member Villa; all ayes.)
MARIE ONGIONI
CARMELA L. BORRELLI
-r
ONGIONI & BORRELLI
ATTORNEYS AT LAW
403 FRONT STREET • P.O.BOX 562
GREENPORT, NEW YORK 11944-0562
TEL. (516) 477-2048 • FAX (516) 477-891 9 D)
DEC 181996
December 16, 1996
Linda Kowalski
Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11.971
Re: Application of Gary Sacks and Alan Schlesinger
Dear Linda:
MUCHMORE LANE
%MPTON, NY 11937
TEL. (516) 324-5209
FAX (5 16) 324-7521
This will confirm my advice to you today, after consulting with my client on
Friday, there will be no screening involved on part of the proposed decking which is the
subject of the application currently before the Board. I believe the reference to the lattice
top of the deck as a "sun screen" merely meant that it would serve as a partial screen of
direct sunlight onto the deck.
Very truly yours,
ONGIONI & BORRELLI, ESQS.
clb/ns By: (21
C;armela L. Borrelli
cc: Gary Sacks & Alan Schlesinger
Gail Wickham, Esq.
sachs:zbascren.ltr
ti
\ P.O. Box 416 !
+ ,t
Laurel, NY 11948 i DEC 199
�^ December 10, 1996 6 !I�
Southold Town Board of Appeals
Main Road
Southold, NY 11971
Dear Board Members,
Our concerrrGar /Sacks and Alan Schlesinger's petition
to curtail the on their deck to 50' is based on two
issues-- privaciew. A little history may explain why
Gary and Alan'set back only 7' from our property line.
The person who acks/Schlesinger property was our cousin
Gene Kleinsmith, and our Dad agreed on the configuration
to afford himself and Gene a good water view and privacy, as
Gene's porch is on the south side of the building. This all took
place in the 1950's between relatives.
We feel these same issues are still valid and if Gary and
Alan need more deck area, there are other alternatives for expan-
sion to the south twoard the Bay which would maintain the privacy
of both houses.
Since most of the summer living is done on the respective
porches, we would be within earshot of each other. This would
also adversely affect property values as buyers.would view
proximity of the porches as a liability.
The configuration of the proposed structure will approach 8'
in height as follows:
---the ground drops down approximately 2'
--the porch height is just under 3'
9,railing adds 3'
In addition, there will be umbrella tables, etc. which would
add an additional 3-4 feet for a total of about 12 feet which
would face the main part of our indoor and outdoor living area
toward the Bay.
Although we recognize the right of each property owner to
deal with his or her own property, hopefully the Board will agree
that the unique configuration of these properties built in good
faith over forty years ago to ensure privacy and uncrowded Bay
vistas should be changed only with a great deal of thought and
consideration to each owner. Since Gary and Alan built a
sliding patio door on our side of the building in anticipation of
the proposed porch, we realize this door needs to be connected
to their main porch, but we consider the proposed 15' expanse
to be much larger than necessary.
Again, we would urge expanding south toward the Bay which
would infringe on no one's privacy and obstruct no one's water views.
Very truly yours,
George and Kathy Johnston
P.S. Inasmuch as we have last month taken up permanent residence
on the North Fork and made considerable investment upgrading our
property environmentally and otherwise, we are particularly
concerned about the impact`. of this proposal. (As per the Board
of Appeals recommendations, our entire property drainage is
now contained on the property with no runoff into the Creek).
TRANSMISSION RESULT REPORT;;
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M) MEMORY.; 7CONFIDENT"IAL' ; #)..BATCH
{$')'TRANSFER; i;:::
P7,PO,L'LING, `'
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MARIE ONGIONI
CARMELA L. BORRELLI
ONGIONI & BORRELLI
ATTORNEYS AT LAW
403 FRONT STREET P.O.BOX 562
GREENPORT, NEW YORK 11944-0562
TEL. (516) 477-2048 FAX (516) 477-8919
Linda Kowalski
Zoning Board of Appeals
Town Hall
Main Road
Southold, New York 11971
Dear Linda:
encs.
December 10, 1996
Re: Application of G , Sachs
. 12/12/96 hearing
7 MUCHMORE LANE
EAST HAMPTON. NY 11937
TEL. (516) 324-5209
FAX (516) 324-7521
DEC t o gss D
,L
Enclosed herewith are the following:
1. six copies of revised survey;
2. six copies of drawings;
3. copy of the affidavit of posting - I will bring the original with me on
Thursday evening.
Would you please advise what time has been set for us to appear.
Thank you for your cooperation and assistance.
Very truly yours,
ONGIONI & BORRELLI, ESQS.
i�
By:
Carmela L. Borrelli
sachs:zba12/10.1tr
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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
Carmela L. Borelli, Esq.
403 Front Street
P.O. Sox 562
Greenport, NY 11944
BOARD OF APPEALS
TOWN OF SOUTHOLD
August 12, 1996
Re: Appl. #4410 - Gary Sacks & ano (Deck Location)
Dear Ms. Borelli:
Southold Town Hall
53095 Main Road
P O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
This will confirm that your office has delivered the above applica-
tion and that it has been filed under Appeal No. 4410 for further
processing and for site inspection by Board Members.
In the interim and before we will advertise this matter for a public
hearing, you will be required to' submit the following:
1) *Please send certified mail notice on the enclosed form with a
opy of your maps to each of the surrounding landowners as shown on the
current tax assessment rolls. Return receipt is also required and should
be submitted to us once the green cards have been signed and returned.
2) Please return the form with Affidavit of Mailing completed on the
reverse side, attaching the postmarked certified mail slips from the post
office (postmarked at the time you mail them) on or before August 26,
1996 to our office. in order that we may prepare and send the legal notice
to the official newspaper office for publication in a timely manner.
2 V 3) Please confirm the setbacks from all property lines 'at its
clos points - which is the request being made in this- application.
The public hearing on this application has been held over until our
September meeting as requested by Nancy, and a sign for posting by you
will be forwarded once items 41 and #2 above have been completed.
Very truly yours,
Linda Kowalski
P.S. *On or before August 26th. -Please let us know if you are not able .
to meet the above, or if you have any questions. Thank you.
BOARD OF APPEALS 'TOWN.OF_SOUT_HOLD
In the Matter or the Petition of
to the Board of Appeals of the Town of Southold
TO:
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE
TO
PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. -That it is the intention of the undersigned to petition the Board of Appeals of the Town of SOutil"1d
to request ',(Variancej (Special Exception) (Special Permit) (Other.) (circle ehoieej
t.
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows:
3. That the property which is the subject of such Petition is located in the following zoning district:
-1 That h� such Petition, the undersigned will request the following relief:
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article Section
6. That =----- - — — — —— ———— — —————— . a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine tite same during regular office hours. (516]1'7t 5-1809-
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the — — — — — — — — —— --- Long Island Traveler -Mat tit tick Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated:
Petitioner
Owners' Names,:
Post Office'Address
Tel - No. ( )
[Copy of sketch or plan showing proposal to be attached for convenience
purposes.]
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
S -TATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
residing at
.being duly sworn, deposes and says that�on the day
of , 19 , deponent mailed a trite copy of the notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses 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 Of -
vice at ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before rile this
clay of , 19
Notary Public
(This side does not have to be completed on form transmitted to adjoining
property owners.)
, 1
RECEIVED f ct w I l ►� �� ?
-i-
sown Clerk Southold
TOWN OF SOUTHOLD, NEW YORK F
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. �� (-j
DATE............................... C/
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
Gary Sacks & Alan Schlesinger through Carmela L. Borrelli as agent
(We)...............................�.................................of ...40.3..E.r.on,t.. .S ..
t.,...P. --Q. ... Box ... a62.......
Name of Appellant Street and Number
Greenport............................ 1IEREBY APPEAL TO
Municipality State
TIME ZONING BOARD OF APPEALS FROM TIME DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ..51627 ...................... DATED.........7./16./96.....•.............•.....•..
WHEREBY THE BUILDING INSPECTOR DENIED TO
Carmela L. Borrelli as agent for Gary Sacks & Alan Schlesinger
----------------------- ..... ._.. ---
Name of Applicant for permit
of P. 0. Box 562 Greenport -NY 11944
..................................................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT POR OCCUPANCY
(x) permit to construct a deck addition to existing dwelling
1. LOCATION OF THE PROPERTY .... 125..Mesrobian Dr , .Laurel
....... .. . ......................................
Street /llainlet / Use District on Zoning Map
District 1000 Section/��_Block4 Lot? Current OwnerG. Sacks & A Schlesinger
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 XXIII Section 100-239.4 (B)
3. TYPE, OF APPEAL Appeal is made herewith for (please check appropriate box)
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
(.x) variance from setback requirement (from bulkhead)
4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas mode in Appeal No . ................................Dated ............................. .........
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(x) A Variance to the Zoning Ordinance
( )
is requested for the reason that
Form ZB1 (Continue on other side)
REASON FOR APPEAL
+ij41ik;jj of 'i i;?i' ; Cop,t.inued
STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
spry HARDSHIP because owners cannot realize the full potential of the
property. Owners are unable to utilize the rear yard to obtain the
fullest'aesthetic and practical benefits without benefit of the ad-
dition being proposed.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because most properties are not water-
front'and do not need to adhere to a 75 -foot setback to fully utilize
the property and those that are waterfront have substantially more
depth to accomodate the 75 -foot setback.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the addition will have no impact on
neighbors except to render the property more'aesthetically"pleasing.
STATE OF NEW YORK )
ss.............
..............................................
COUNTY OF SUFFOLK-) Signature
Swo n to this .......(/V ..................... day of........ Jul ?' 1996
...................................
Notary ................:���...Y ... Public......:
[/
NANCY P. OISTILLI
NOTARY PUBLIC, State of New Yuck
No. 30-0969$15
Cominsaim Expires`13Y,g.7
BOARD Of APPEALS. TOWN OF SOUTHOLU
In the Matter or the Petition �,f
NOTICE
--- `ro
to the Uoard of Appeals of the Town of Southold ADJACUrr
PROPERTY OWNER
'To:
YOU ARE HEREBY GIVEN NOTICE: P
I. Tlrat it is the intention of the undersigned to petition the Uoard of Appeals of the Town of Southol(I 9
to request j(Variance) (Special Exception) (Special Permit) (Other) [circle eitoi.ce)
t• 1.
2. That the property which is the subject of the Petition is located adjacent to your property arid is des-
crfbecl as follows: 1.99 Mesrobia- Briv
SCTM-#1000-_1=45=,'�--=--
3. That the property which is the subject of such 1'etition is lOcalecl in the following zorling district:
-1 that III such Petition, the undersigned will request the following relief: _variance of setback
requirement to construct deck addition to dwelling
S. That the proyisions of the Sott0lold."fown Zoning Cocle applicable to the relief sought by the +11i4r
sigiled are Article XXIII Sec Lion 100-239,-41B —
6. that a written Petition requesting the relief specified ..clove will
be filed in the Southolcl Town Clerk's Office at Main Road Southold, New York and you play then and there
examine the same during regular office hours. (516) 7�5-1009-
7. That before the relief sought may be printed, a public hearinl', must be Ilei(' on the t►latter by the
Boat(1 of Appeals; drat a notice of such hearing must be published at least five,days prior to the date of such
hearing in the ' Long Island Traveler -Ma ttittick Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearhlg.
Dated; J 1996 _
Petitioner Carmela L. Borrelli as Agent
Owners'Names:G. Sacks & A. Schlesinger
Post office Address coo Ongioni 7&iv^Borrelli
D -•-_—v-•—•—
Tel. No. (516
[copy of sketch or plan showing Proposal to
purposes.]
477'-2048
be a.,t..ta,cIfe,(I;..for..,;.xonven 1 e n c e
F"
I
PROOF()E MAIL ING Of: NOTICE
ATTACII CERTIFIED MAIL RECEIP`1'S
NAME ADDRE55
George P. Johnston & Wife 8 Starling Rd., Randolph, NJ 07869
John J. &.Agata Harrigan, Jr. 190 Mineola Ave., Roslyn Heights, NY 11577
Jane & Douglas Seeth, as Trustees
Bertram Walker & Wife
r.t,r-; enne_A.___ Holf elder
_.,3uscemi
NJ
Z 750 453 90'x,
Z 750 453 903
-7 cn u qa 904
Z 750 453 905
I
Z 750 453 901
Z 750 453 900
Receipt f Mail
Certified a provided.
No Insurance Covera9
DIS anot use
Reverse) r International Mail
pp5iLL5FE/
srt t to h r d -
et and No. /x
y�State a,/,ZIP Code
Certified Fee
Special Delivery Fee
II Restricted Delivery Fee
rn
Return Receipt SI
r to Whom & Date
UReturn Receipt S
id Date, and Data
�— TOTAL Postage
® & Fees
Postmark or
0
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1937 SE 33 Terrace, Cape Coral, FL 33904
Box 1169, Peconic Bay Blvd., Mattituck, NY
10 Starr Lane, Bethel, CT 06811
8 Wexford Court, St. James, NY 11780
10 Maple Street, Garden City, NY 11530
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Sworn to cfor.e rr►c this Rd
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Notary Pt lic `
CARMELA L. BORRELU
Notary Public, State of New York
No. 4526699
Qualified in Suffolk County
Commission Expires January 31, I8l f' P
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FORM NO -4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
CERTIFICATE OF OCCUPANCY
Z 1811 Date !\'Ia-. c. 6 , 19,64„
No. ............................ ...............................
THIS CERTIFIES that the building located at ...Fly.: pvt t��:r� cl „�17v ............. Street
of
viP G Lot No. ��5 Laj;r el.
,......:T t. T.t.............
Map No.'.-::...robza.... Block No .......................
conforms substantially' to the Application for Building Permit heretofore filed in this office dated
1
.....................................
Jv1 .....2�....... 19..6 .. pursuant to which Building Permit No... ... �� .
dated ..............................: •?u�us.. ;?3
., 19 ..,6 , was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is ........
_':rivat?...one i a i.l::.. c,?.A:eJ.1:�. ='.....................................................................................
The certificate is issued to ..... ?F P... r�F'7.r?a i��, ii.............................0:;x ..........
(owner, lessee or tenant)
of the aforesaid building.
H. D. A_�T Koval
!: a-rch 6 ; 1:1,64 b:; R. Vi -1 _a.
..... /.e`"` .. ....... ...............
f
Building in5pc'CTcir
QUESTT-CPTIiAIRE
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.)
Gary Sacks
Alan Schlesinger
B. Is the subject premises listed on the real estate market for
=
sale or being shown to prospective buyers? { } Yes
{ x } No. (1f Yes, please atl-nnh ropy of "conditions" of sale.)
C. Are there airy Frvposals to mange -or alter land cantcurs?
{ } Yes [X) No
D. 1. Are there any areas which contain wetland grasses? no
2. Are the wetland areas shown on the map submitted with
this application? no
3. Is the property bulkheaded between the wetlands area and
the upland building area? yes
4.' If your property contains wetlands or pond areas, have
You contacted the Office of the Town'Trustees for its
determination of jurisdiction? fires
E. Is. there a depression dk sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? N/A (If not applicable, state
F. Are there any patios, concrete barriers, bulkheads or fe=ns
which exist and are not shown on the survey map that you ars
submitting? no If none exist, please state "none:"
G. Do you have any construction taking place at this time
concerning your premises? no If yes, please submit.a copy
Of your building permit and map as approved by the Building
Department. 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
parcel residential
proposed use same.
Authorized Signature and Date
3/87, 10/'901k
at this
and
0
§ 97-13 WETLANDS § 97-13
TOWN — The Town of Southold.
TRUSTEES — The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No. 6-19841
WETLA-1I DS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by L.L. Na 6-1985k
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with. or which border on, tidal waters. or lands
lying beneath tidal waters. which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) feet. including but not limited to banks.
bogs. salt marsh. swamps. meadows, flats or other
low lying lands subject to tidal action;
(2) all banks, bogs. meadows, flats and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following: salt hay, black
grass, saltworts. sea lavender. tall cordgrass, high
bush, cattails. groundsel. marshmallow and lnw
march cordgr=r am/cr
(3) All land immediately adjacent to a tidal wetiaiid as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
_ edge of such a tidal wetland.
B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 24. Ti-
tle 1. § 2.4-0107, Subdivisions 1(a) to 1(d) inclusive.
of the Environmental Conservation Lav of the State
of New York: and
(2) All land immediately adjacent to a "freshwater wet-
land." as defined in Subsection B(1) and lying with-
in seventy-five (75) feet landward of the most land.
ward edge of a "freshivater wetland."
9705 2•_3-8s
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
UFFOIe�co
C*
CIO Z
Oy .
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
Pursuant to Article = of the Suffolk County Aclni ni strative Code, The
Board of Amoeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Cmmission:
X_ Variance from the Zoning Code, Article XXIII Section 100-239.4(8)
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal N o : 4410 Applicant: Gary Sacks & Alan Schlesinger
Location of Affected Land: 125 Mesrobian Dr., Laurel, N.Y. 11948
County Tax Map Item No.: 1000- 145-4-7
Within 500 feet of:
Town or Village Boundary Line '
X 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
Within One ,dile of a Nuclear Power Plant
Within One Mile of an Airport
Comments: Appl i cant is reques ting permission. to construct a deck addition
to existing dwelling.
Copies of Town file and r2laced documents enclosed for your review.
Da ted : September , 1996
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
al -
.As
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
P"r'suauat to P� �Cle = of SL ffo k County )Ld-r Lias rat ve Ccde, The
Board of ?meals of the Town of Southold, vew Yorc, hereby re_-e_rs tine following
to the Suffolk County Plann-ing C=fission.
X— Variance from the Zonina Code, Article XXIII Section 100-239-.4(B)
Variance from Determination of Southold Town Building inspector
Special Exception, Article , Section
Special Permit
Appeal No: 4410 Applicant: Gary Sacks & Alan Schlesinger
Location of Affected Land: 125 Mesrobian Dr., Laurel, N.Y. 11948
County Tax Map item No.: 1000- 145-4-7
Within 500 feet of:
Town or Vi i 1 age Boundary Li ne
X 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
Existina or Proposed Right -of -Way of any Stream or Drainage Channel Owned by
the County or for which the County has estaDiished Channel Lines, or
Within One Mile or a Nuclear Power Plant
Within One Mile of an Airport
Comments: -1pp l i cant is requesting permission. to construct a deck additio
to existing dwelling.
JG i �S 0F tivn fl IIIe ano ^ CQcum e^�nC ! OSeti for your review.
e September 1996
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