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APPEALS BOARD MEMBERS
�� Gy Southold Town Hall
Gerard R Goehringer, ;';.,>:.-- c 53095 Main Road
Lydia A. Tortora P.O. Box 1179
'George Horning �,j, • �'F Southold,New York 11971-0959
Ruth D. Oliva , Chairwoman �O! �a0 ZBA Fax (631)765-9064
Vincent Orlando Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS RECEIVED
TOWN OF SOUTHOLD /;0-
FINDINGS, DELIBERATIONS AND DETERMINATION No
MEETING OF OCTOBER 23, 2003 Q-
1
Appl. No. 5431 —Gerard and Karen Diffley Southold Town Clerk
Property Location: 432 Lupton Point Road, Mattituck; 115-11-1.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without an adverse effect on the environment if
the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's16,988 sq. ft. parcel (described
land) is a triangular shaped lot with 262.15 ft. frontage along Lupton Point Road and lot
depth of 140.48 feet along the easterly side property line. The property is improved with
a two-story frame dwelling set back 30+-feet from the front property line.
BASIS OF APPLICATION: Building Department's August 1, 2003 Notice of Disapproval,
amended September 3, 2003, citing Sections 100-242A and 100-244 in its denial of a
building permit to construct a second-story addition to the existing dwelling at less than
35 feet from the front lot line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on October 23,
2003, at which time written and oral evidence were presented. . Based upon all
testimony, documentation, personal inspection of the property,-and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a second-story
addition over the existing dwelling with alterations to the existing garage area, all within
the existing 31 ft. front yard setback of the house,as shown on the site and design plans
prepared by Hugo V. Giannotti dated April 25, 2003, and survey dated May 12, 2003
prepared by Michael K. Wicks, L.S
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Grant of the relief requested will not produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. Applicants propose a second-
story addition to their existing two-story home. This addition is simply a fill-in of the area
above the garage which is the only area that is not two-story on the existing home.
Applicants informed the Board that the expansion is only a part of the entire renovation
Page 2—October 23,2003
Appl. No.5431 —G.and K. Diffley
115-11-1 at Mattituck
of the home which is in the foot print of the existing two story structure, .maintaining the
same 31 ft. front yard setback.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. Applicants' home has existing
front yard setback variables of 31 feet and 30 feet. The code requirement is 35 feet, and
the applicants' plight is a reduction of four feet from the code requirement. Applicants
have no other alternative but to request a variance because the dwelling is existing and
the addition is over the existing footprint that has existed for many years.
3. The difficulty was self-created when the home was placed in its existing location
many years ago with a nonconforming setback from the front property line.
4. There is no evidence that the grant of the relief requested will have an adverse effect
or impact on physical or environmental conditions in the neighborhood or district. Lupton
Point is an area of substandard size lots with fairly large homes. For the record it seems
prudent of the applicants not to expand the footprint of the existing home and to utilize
was exists in this plan for proposed renovations and alterations.
5. Grant of the area variance is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of a second-story over the existing footprint of the
applicant's dwelling, while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Goehringer, seconded by Vice Chairman Orlando, and duly carried, to
GRANT the variance as applied for, as shown on the plans prepared by Hugo V.
Giannotti dated April 25, 2003, and survey dated May 12, 2003 prepared by
Michael K. Wicks, L.S
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Orlando Vice Chairman), Poehringer, and Horning.
Absent were Ruth Oliva (Chairwoman) and embe To ue illness). This
Resolution was duly adopted (3-0).
Vincen Orlando, a Chairman 11 /.3/03
Approved for Filing
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: August 1, 2003
AMENDED: September 3, 2003
TO: Gerard&Karen Diffley
435 Lupton's Point
Mattituck,NY 11952 „�s •- ___
6�`d�tl'..: '"v,25•,�.s�("���fi'-�:_:L-yf') f
Please take notice that your application dated July 23, 2003
SEP - 3 2003
For permit to construct a second story addition to an existing single famil dwe lin at
Location of property 435 Lupton's Point, Mattituck,NY
County Tax Map No. 1000 - Section 115 Block 11 Lot 1
Is returned herewith and disapproved on the following grounds:
The proposed construction to this non-conforming single family dwelling, on a non-conforming 16,988
square foot parcel in the R-40 District is not permitted pursuant to Article XXIV Section 100-242A
which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a non-conforming building containing a conforming use,provided that such
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings_"
The existing single-family dwelling notes a front yard setback of+/- 31 feet. The proposed addition
will maintain that setback.
Therefore the proposed addition is not permitted pursuant to Article XXVI, Section 100-244,which
states that non-conforming lots measuring less than 20,000 square feet in total size, require a
minimum front yard setback of 35 feet.
Total lot coverage will be maintained below 20 percent.
Thi ermit w s am September 3 2003 to correct errors.
Autho zed S
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Department.
1 .
, • I O APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
�,/ For Office Use Only Y Fee:$ � Filed By. Date Assigned/Assignment No. t 1 VO
Office Notes:
Parcel Location: House No,`f3�6_ Stree L a 10TaNS ao t hI 1 Hamlet MATT t ru c_K_
11c� _ 11 _
SCTM 1000 Section L_oBlock6et-C,ot(s) l•oo Lot Size t�0, gss Zone District O
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED:
Applicant/Owner(s): G c R A 9-D K A P-IE N L- b t FF t- Y
Mailing
Address: zf3-S L u PT0,0S P o t aT AA A T T IT"tk� N � i 1952- ia�5
Telephone: f-3 8- 4 3 4)3 _ r
CEWM
NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,buil Fer, ntract vendee,etc.
Authorized Representative: SEP - 3 2003
Address: �LlNI"An Ro'A.;n', or
Telephone:
Please specify who you wish correspondence tb be mailed to, from the above listed (lames:
Applicant/Owner(s) ❑ Authorized Representative ❑ Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR:
).Building Permit.
❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy
❑ Change of Use
❑ Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section,Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article Xx i v Section 100- ;$4* Subsection
Type of Appeal. An Appeal is made for:
A Variance to the Zoning Code or Zoning Map.
❑ A Variance due to lack of access required by New York Town Law-Section 280-A.
❑Interpretation of the Town Code,Article Section
❑Reversal or Other
A prior appeal❑ has Khas not been made with respect to this property UNDER Appeal
No. Year
Page 2 of 3 - Appeal Application rvJ
�E;
SEP - 3 2003
Zt7N240 BOARD ®F appEALS
Part A: AREA VARIANCE REASONS (attach extra sheet as needed):
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties, if granted, because: CoY.s��-►��°� � e��' a��� +�s^�-i
Space AceS ✓ C+ ci(}Z-r fl',�i (�r.r,� cyt �iciSt.L+� llwzilr �
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
_applicant to pursue, other than an area variance, because: Ste+ b of I w`'y'
_t c.a.,,t 6L c_z c.;/oi.L" CJ. -M c::,A L. $+r-L`.6+u4_er Z is a-e e r rw
o y z c-r5 e>l ct Szt b es z[c w rL.i.-: w� ��e+� 9 tv u e.fu v t- a ii e_5 cv i C. i.,%e_r i y
b.�i1f-. C;:rre.w� t he rc ��•ets 356 , -f S�+ba. �L.7 o-t r �rQ., �ac l eS cx✓�.1c=6(t•
(3) The amount of relief requested is not substantial because:
Cr-;S{,w� f o-f pv-% nt d oe S vt a+ C�[3 r� rJQ: �1 i fL. (S kCS Yl¢.0 �I�✓2 l tio�.�T
-Fb SL;_er 6 A i.;i 5-r• J
(4) The variance will NOT have an adverse effect or.impact on the physical or environmental
conditions in the neighborhood or district because: Si 3e- CSe—
+p S�:r r au reE��r> e, V%BiSk6oc,lkeoA-
(5) Has the variance been self-created? ( ) Yes, or (y- ) No. If not, is the construction
existing, as built? (I>.- ) Yes, or ( ) No.
(6) Additional information about the surrounding topography and building areas that relate to
the difficulty in meeting the code requirements: (attach extra sheet as needed)
Co ete- re .ram ru 3W' Se+b L� F V j'S4- 'q s 4-V'L-c_+L r-e a
This is the MINIMUM that is necessary and adequate, and at the same time preserves and
protects the character of the neighborhood and the health, safety, and welfare of the
community.
( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE
STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the signature and
notary area below.
Sig re of Appellant or Authorized Agent
Sworn to befgre me this ®Z (Agent must submit Authorization from Owner)
! of .. ..... 200_3. r
(Notary Public)
1.
MFI ANIE V.BROM ZBA App MOM
Notafy Pubk Step of Nwi York
No.4OW12
Maw in suflolk County /
owmwon Exams Oct.19, .D S
117
QUESTIONNAIRE"" '
ram-
FOR FILING WITH YOUR Z.B.A. APPLIU74'ki V
SS? - 3 2003
A. Is the subject premises listed on the real estate market for sale?
❑Yes P(No
B. Are there any proposals to change or alter land contours?
❑Yes )9-No
C. 1)Are there any areas that contain wetland grasses?
2)Are the wetland areas shown on the map submitted with this application?
3)Is the property bulk headed between the wetlands area and the upland building area?
4)If your property contains wetlands or pond areas,have you contacted the office of the
Town Trustees for its determination of jurisdiction?
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? n 2 (If not applicable, state"n&'.)
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? (If none exist, please state
"none".)
F. Do you have any construction taking place at this time concerning your premises? 11 G
If yes,please submit a copy of your building permit and map as approved by the Building
Department. If none,please state.
G. Do you or any co-owner also own other land close to this parcel? If yes,please explain
where or submit copies of deeds.
H. Please list present use or operations conducted at this parcel fie;
and proposed use
Guth rized Signature and Date
�;,E C E.i V! .D
PROJECT DESCRIPTION SEP ® 3 2003
(Please include with Z.B.A. Application)
OF: P"PPEALS
Applicant(s): i
I. If building is existing and alterations/additions/renovations are proposed.-
A. Please give the dimensions and overall square footage of extensions beyond existing building:
Dimensions/size: 07 O ' S' " X 01 ' 7
Square footage: 6 /If s . , '
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend beyond the existing building:
Dimensions/size:
Square footage:
II. If land is vacant:
Please give dimensions and overall square footage of new construction:
Dimension/size:
Square footage:
Height:
III. Purpose and use of new construction requested in this application:
IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):
1 n 9 L4 'i L '�.. F 5e l loIT.- 0 uki tt r c� W LL*C.,i..
WOLS pre-- e-,isJr*%, Dwc,L(t -Nt, iY 3 ezc-r.0 4)1A. ?A0
et-3(e 4-6 C-00% ,,rvv% 4-o Ci.vve-, k 35 c-f Se-Ih�c[E• —
�
V. Please submit seven(7)photos/sets after staking corners of the proposed new construction.
7/02
Please note: Further changes,after submitting the above information, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed,
please contact our office, or please check with Building Department (765-1802) or Appeals Department
(765-1809) if you are not sure. Thank you.
F APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees The purpose of this form is to provide information which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME: '►D % r_t'L�j G Z`r"jkv?_0, E '
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance ✓ 4 ' r't� �2
Change of Zone
Approval of Plat S E P — 3 2003
Exemption from Plat
or Official Map
Other TFOMNG, BrOAJID OF APF11,2.,'�,nz
If"Other",
name the activity:
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest. "Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares.
YES NO
If you answered"YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A)the owner of greater than 5%of the shares of the corporate stock
of the applicant(when the applicant is a corporation),-
B)the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C)an officer, director, partner, or employee of the applicant; or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this day ofa -►
Signature: '. -
Print Name: 6er-40
• 1
s
SEP _ 3 2003
ARI, APPEALS
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�Iu o G1annott
308 Station Road
Bellport, New York 11713
SITLE PLAN:
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6+31 g131'64�glV
w�. Mr. & Mrs. Gerard Diffley 435 Luptons Point
Mattituck, New York 11952'
(631) 298-4393. .
r
SEP 1 12003
September 10, 2003 -
F r J Lydia A. Tortora
Chairperson, Zoning Board of Appeals
Town of Southold
53095 Main Road
Southold,New York 11971
RE: ZBA Application#5431
Dear Lydia:
Thank you for taking the time to speak with me recently concerning the above referenced
ZBA application. As we discussed, I am seeking to have my ZBA application calendared
for the next available hearing due to a hardship: Our,h6use is thirty years old and is in
desperate need of repair. We:currently have piumbimg and electrical problems that
cannot wait any longer for attention. In addition, I am anticipating that my elderly
mother, who currently lives alone, may at some point in the near future need to move in
with us. Our proposed renovation will allow us to accommodate her.
I would appreciate any consideration you could give us in order to calendar this matter as
soon as practical. If you have any questions, please feel free to call me either at my
office (369-2405)or at my home (298-4393).
Thank you in advance for you time and consideration.
Sincerely,
Jerry Diffley
APPEALS BOARD MEMBERS O��S1lFF0�,�coG
Southold Town Hall
Gerard R Goehringer, Cz 53095 Main Road
Lydia A.Tortora * ,? P.O. Box 1179
George Horning -,j, • �� Southold,New York 11971-0959
Ruth D. Oliva, Chairwoman Oj �,`a� ZBA Fax(631)765-9064
Vincent Orlando Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
November 6, 2003
Mr. and Mrs. Gerard Diffley
435 Luptons Point Road
Mattituck, NY 11952
Re: Appl. No. 5431 —Variance
Dear Mr. and Mrs. Diffley:
Enclosed please find a copy of the findings and determination, with
conditions, rendered at Zoning Board of Appeals Meeting held October 23, 2003.
Please be sure to follow-up with the Building Department for the next step
in this building-permit application process. When returning to the Building
Department, please provide their office with an extra copy of the enclosed
determination and, if applicable, the amendment to the maps to show conformity
with the Board's decision and conditions, as may be noted (if any).
Thank you.
Very truly yours,
Linda Kowalski
Enclosure
Copy of Decision 11/4/03 to:
Building Department
ELIZABETH A.NEVILLE rd Town Hall, 53095 Main Road
TOWN CLERK p P.O. Box 1179
CA = Southold, New York 11971
REGISTRAR OF VITAL STATISTICS v.
MARRIAGE OFFICER Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER �If O Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER - O'� �a southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: September 9, 2003
RE: Zoning Appeal No. 5431
Transmitted herewith is Zoning Appeals No. 5431 —Gerard & Karen Diffley-Zoning Board
of Appeals application for variance. Also included are ZBA questionnaire,project description,
applicant transactional disclosure form,building permit application,plot plan, drawings, two
surveys, and notice of disapproval.
J
Town Of Southold
P.O Box1179
Qouthold, NY 11971
* * * RECEIPT
Date: 09/09/03 Receipt#: 105
Transaction(s): Subtotal
1 Application Fees $150.00
Check#: 105 Total Paid: $150.00
Name: Diffley, Gerard E
435 Lupton Point
Mattituck, NY 11952
Clerk ID: LYNDAB Internal ID:81839
OFFICIAL USE ONLY
DIFFLEY, GERARD 115-11-1 5431 VO-
2ND STORY ADDN SFD-FY SB
Checklist for new projects: _. __432 LUPTONS PT RD, MATT
CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY
LABEL: INCLUDE NAME, AGENT, TM#, ZBA#, MBR'S INITIALS, PROJECT,
VARIANCE, ADDRESS
MAILINGS: INCLUDE COVER LTR, SIGN, AFF OF MLG, AFF OF SIGN
PSTG, CHAP 58, LEGAL NOTICE - COPY OF CVR LTR, SIGN, LEGAL
NOTICE IN FOLDER RT SIDE
ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON RT SIDE OF
,FOLDER
CTY TAX MAP 8 CPES —2 W/NEIGHBORS CIRCLED AND #'S WRITTEN (1
FOR APPL & 1 FOR FILE TO BE STAPLED TO RT INSIDE FOLDER
INDEX CARD — MAKE NEW OR ATTACH OLD IF PRIOR
J RESEARCH PRIORS — INDEX CARDS, LASERFICHE, ALPHA— 6 CPES OF
DEC. - CPE CARD, STAPLE TO INSIDE RT SIDE IN FLDR
INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS
CARD, CTM, ALL OTHER CORRESPONDENCE
SOIL & WATER LTR: for parcels located on LI Sound
PLANNING COODINATION LTR for commercial or subdivision projects
UPDATED: NEW INFORMATION:
I WWN OF SOUTHOLD PROPERTY RECORD CARD
35
OWNER VI LLAGE
DISTRICT SUB. LOT
E. ter,
FORMER OWNER NE ACREAGE
V\/
s W TYPE OF BUILDING
VSS ,
R E S.., Leg SEAS. VL. FARM comm. I IND. CB. I misc.
LAND IMP. TOTAL DATE REMARKS
L/
//.00 6600 77oo Zj' -3 9 7
-AGE BUILDING CONDITION
111617,zll 'J.
NEW NORMAL BELOW ABOVE 91 k,
Farm Acre Value Per Acre Value
Tillable I
Tillable 2
Tillable, 3
Noodland
swampland
3rushland
louse Plot
rota I
yid ,y ss
I
-------------
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M. Bldg. I i
D D O ��,S�� �- Foundation G Both
Extension
3 . (� $ Basement Floors S v !3 ,�'
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Extension
1— j
. = Ext. Walls `"'° Interior Finish
Extension 1V a L � GtJ)Q 4� d-D _
p
Fire Place Heat
S. X / = j Porch Attic -
Porch Rooms ]st Floor
Breezeway. Patio _
Rooms 2nd Floor
Garage X Driveway
O. B.
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/ u e 7 00 -,*e,/ Nqe / e -aro0
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$0e,
LEGAL NOTICE
OCTOBER 23, 2003 PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and
Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing
will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095
Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, OCTOBER
23, 2003, at the time noted below (or as soon thereafter as possible):
2:10 p.m. Gerard and Karen Diffley #5431. This is a request for a Variance
under Section 100-242A, ref. 100-244B, based on the Building Department's
August 1, 2003 Notice of Disapproval, amended September 3, 2003.
Applicants propose a second-story addition at less than 35 feet from the front
lot line, at 432 Lupton Point Road, Mattituck; 1000-115-11-1.
The Board of Appeals will hear all persons, or their representatives, desiring to be
heard at each hearing, and/or desiring to submit written statements before the
conclusion of each hearing. Each hearing will not start earlier than designated
above. Files are available for review during regular business hours. If you have
questions, please do not hesitate to call (631) 765-1809.
Dated: October 2, 2003. Lydia A. Tortora, Chairwoman
Board of Appeals
APPEALS BOARD MEMBERS Southold Town Hall
53095 Main Road
Ruth D. Oliva,Chairwoman P.O.Box 1179
Gerard P.Goehringer Southold,New York 11971-0959
Lydia A.Tortora Telephone(631)765-1809
George Horning ZBA Fax(631)765-9064
Vincent Orlando http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
November 10, 2003
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following decisions, applications, surveys, tax maps, building
disapprovals, and related information for review pursuant to Article XIV of the Suffolk
County Administrative Code; within 500 feet of:
R—STATE OR COUNTY ROAD
W —WATERWAY (BAY, SOUND, OR ESTUARY)
B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND
ZBA NAME ACTION REQUESTED R W B .
5399 VONZUBEN, F & A ARBOR— FRONT YARD SETBACK X
5403 WICKHAM, J. PARKER ALTERATIONS — FRONT YARD SETBACK X
5405 DEBRUIN, W & M ADDN /ALT— SIDE YARD SETBACK X
5412 SUTHERLAND, H HANDICAP RAMP & DECK ADDN — SY SB X
5431 DIFFLEY, G & K 2 STY ADDN — FRONT YARD SETBACK X
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Jess Bogq'�,&
Enc.
cc: ZBA Staff
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
November 12, 2003
Town of Southold
Zoning Board of Appeal
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s)submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(sL
Vonzuben, Fredrick&Antonia 5399
Wickham,J. Parker 5403
De Bruin, William and Mary 5404
Sutherland, Harold and Dorianne 5412
:,'.Diffley, Gerard and Karen 5431
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G.Newman
Chief Planner
GGN:cc
G:1CCHO RNY\ZO N I N G\ZONIN G\WORKINGILD20031NOV\SD5399.NOV
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG.-4TH FLOOR ■ P. 0. BOX 6100 ■ (5 1 6)853-5 190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 1 6)853-4044
OFFICE OF
ZONING BOARD OF APPEALS
SOUTHOLD TOWN HALL
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1809 Fax (631) 765-9064
October 2, 2003
Re: Chapter 58 — Public Notice for Thursday, October 23, 2003, 2003 Hearing(s)
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Long Island Traveler-Watchman newspaper.
1) Before October 10th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, with both a letter including your telephone number and contact
person, and a copy of your map filed with this application which shows the new
construction area, to all owners of land (vacant or improved) surrounding yours, including land
across any street, railroad tracks, or right-of-way that borders your property (please see
revised Town Code Ch. 58 enclosed). Use the current addresses shown on the assessment
rolls maintained by the Town Assessors' Office located at Southold Town Hall (765-1937) or the
County Real Property Office at the County Center, Riverhead. If you know of another address
for a neighbor, you may want to send the notice to that address as well.
2) Before October 16th: Please make arrangements to place the enclosed poster on a sign
board such as plywood or similar material, posting it at your property for seven.(7) days; the
sign should remain up until the day of the hearing. Securely place the sign on your property
facing the street, no more than 10 feet from the front property line bordering the street. (If you
border more than one street or roadway, an extra sign is available for the additional front yard.)
If you need a replacement poster, please contact us.
3) Before October 16th, please either mail or deliver to our office your Affidavit of Mailing
(form enclosed) with parcel numbers noted for each, and return it with the white receipts
postmarked by the Post Office. (Also, when the green signature cards are returned to you by
the Post Office, please mail or deliver them to us before the scheduled hearing.) If any
signature card is not returned, please advise the Board at the hearing and return it when
available. These will be kept in the permanent record as proof of all Notices.
Please also file your Affidavit of Posting with our department to show proof that the sign will
have been posted for at least seven (7) days prior to the meeting.
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosures Zoning Appeals Board and Staff
N TI (aE F H EARI N �
A public hearing will be held by the Southold Town Appeals Board
at Town Hall, 53095 Main Road , Southold, concerning this property
APPLICANT: DIFFLEY, GERARD & KAREN
TAX MAP #EE 11 5- 1 7 - 1
APPEAL: VARIANCE - SETBACKS
PROJECT: 2"D STORY ADDITION
TIME 8 DATE : THURSm OCT. 23RD - 2EMI 0 P . M .
If you are interested in this project, you may review the Town file(s) prior to
the hearing during normal business days between the hours of Sam and 3pm .
Z() V1Nr-m BOARD 9T01tiN OF SOUTHOLD • 63lm765= 1809
{
OCT 1 0 ;.nr,�
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising
to existingg commercial building ou the'Building`,;Department's Coordinator, of the Traveler Watchman,
witharside.yardatlessfilian20 Jiily,"e;1,1, t�2003> lgotieex of a ublic newspaper rinted at Southold
feet,;at 43715i C R 48 (aWa Disapproval�for a new�additiori= pp
Middle{Road:or North Road), which asap expansion.into•the in Suffolk County; and that the notice of
Southold,,1000r59 3130 J, f;i t sin le side y�ard,:setbacic which
10;30 a m: A and =s �s�ess�t]ans�l0eet, and total which the annexed is a printed copy, has
a9goner #5;410,'This is; a" s de:yards,less;than 26 feet, at . been published in said Traveler
request rfQr a yatixariceiui�der 1.335r:{ Island� iView ;Lane; - Watchman once each week
Section 100?42A, refs 100 Gree ort;YIr000, 7�2x15f /y
244B sbased bn,tlie, Building a 2 3 � ;p ";H and IJ: for.... ......week j ccessively,
Department's May 30,�r200 Suthezland>F#5412 �hts 'isz,a coin in on the,:. day of
Nonce;of Dlsapproval;rtfor pro >equest s£or a �Vanancehunder y
aQS�d;.sadd>X,nn�/alteera�tL4us.�:;�1v�...S=t'iiin ^1bQ 2.42A',:.�e�y 100 �'�,4„ ..12003.
e existing eve ing ark ssM, -, `44B;"ba ethe.;BuiIding
40 feet from the rear,property Department' May 30, 2003 r
In at 1 -95 Wickhaz Avenue, .Notice of Disapproy.A.:;for .a ( .
... .......
Mattituck, 1000 14,Q 1;1 �:,,.a handicap�ramp'and deck addi-
10 40 a m J Parkgl Wickham o tion jwithi aesinglebside yard at
#5403 This is a,request,for a) less dhaii 10,felt:and total side'
vanance, under ,Section 100 yards at 1ess�than 25 feet, ax
242A. ;re' 100 244B1 based on 3715 Stillwater Avenue;
the Building Deparhnent's 1VIay Cutchogue,31000=:136 2 1:2 w i t ef me this.........day of
30,20b31Notice�ofbisapproval, 2t55�°p m Michael � and �/
fprpr.4Posed alterations to exist 1VIaryEllen?Cerrito#5417 This C 2003.
inp dwelling withui 40sfeet from is a request for a Variance under
ahe front property line, at 7,10 ' Sections-u10.0'242Aw --
Park Avenue Ext, _MAttituck, 244B) and 100 239 0, based
1000-123 $ 2&5 . on thelrBmlding. Department's
1 20 p m J. Ann Pi,atiato an c� July 15, ,a2003: Notice , ofj
Notary Public
Maria Regina;#54�5'4This is,a Disapproval, for proposed addi-
request for a FVariance under tionsfalterations at less::than:a
Section 100 33, base:d on the single side yrdMof,iO. feet.and
Building Department's May 1; ; less than 75 feet-fxom',the.bulk- Emily Hamill
2Q03 Notice.of Disapproval;fqz` Bead, at, 7625 Hassan 'Point NOTARY PUBLIC,State of New York
a proposed accessory:.garager;m Road, Cutchogue, 1000=118 4- No.OlHA5059984
a.y'd,kher than the:irear yard, 4. Qualified in Suffolk County
ats 28545 Main Road, Qrient, The Board of.;Apthpeals will Commission expires May 06,2006
1000re-
0p m Paul Sennet #5402:' entativ e desiring to be heard/
This is,a request for:,a Variance '::at:each hearing ;and/or;desiring
under-Section�100 242A, based to: submit ;wntien,?statemez�ts
on the= Building D,epartment's '-'b fore the conclusion •of-each
June,.'27, ,,2003 Notice of hearing Eachbeanng::.wtll -not
Disapproval, .for a:proposed start earlier ,than�:designated
porch :addition at less than 3 . ab'ove. :Files, are available. for.
feet fron the fronfaot line and review, urmg:regular.._business
rear Iot lines;lat 450:Richmond flours If?you .have questions;
$oad�ast,'Southold;1000 135 please"do ,not hesitate to call.
3 7 �� (63l)76S-1809
1 40 p m Howard Mei Dated October G 2003
#5400 This is'a request for a Lydia A Tortora,Chairwoman
Variance under Section°o,0, �, Southold Board ofAp cabs
244, based on the' Build ing r, 1X 10/9/03 (987)
Notice"' of.:, { `Disapproval::
Applicant requests"'a p"proval P .
the "as built setback location
16 a deck and Iiot tub addition at .
less t11anF40;feet fr6nithe f ht'
lot ,hne, at 2130 Brgadwaters,
Road; Cutchogue,'lOQO 104:
L'fEGrAL NOTICE 1 50` p m 'Priscilla Reilly
PUBLIC' '#5404. This is a request fora .
OCTOBEIt23;2003 Variance under Section '100
HEARINGS 242A, ref 100'244B; based on %J
S:OUTHOZp BOARD OF ; the Biiilding'Department's June
'APPEAhS 13 2003 Nonce of Disapprovah
NOTICE + , IS HEREBY A, licant proposes a two story. i
GIVEN, ppursuant to Section adtion to dwelling at less than/,
267 of the Town Law:.= end 10 feet on a'`single side yard•and�`
Chapter 100j(Zonmg), Code of less ahan 25'feet forFtotal lido
the Town o£Southold, the�fol y Via;. after,'demolition of..'ari
IQwing pubho hearings will be attached garage", at; 865 Old
Ala by ,the SOUTIiQLD ShipyardkLarie, Southold,t1000' .
1 d.BOARD,OE APAAA
PEALS
al Town Hall, 53095Maui 2 0p;p muPau1C Stetz #5401`:
Road,p0 aBox 1179x Squ(hold, This�s'atrequest fora Variance
Nc�W York I i 972) 09,5, z, on under`'Section 1100 242A, I ef:
THIJRSDAY, OGTOBER 23 lOQ 244B, '.based s on+ ahe
20 3 attthe,times,notedlbelpw . Building Department'sfJune:16;
{or as soon thereafter as pass{ "•2003�,Notice- '-f Disapproval;
b1e; 4A.
Apphcant proposes-a stairway,
1U 00 illiam and Mary :and laudingg addihon?with rear
DeBruin, 505 This his , a yrd setback"at less tlant35 feet;
request foz t aY�anance under ; at }270 'NorthF Sea4 Drive;
S,ection� IrUO 242A,x(ref �QS ; Soutliald,f1000 54 5=50 °'
24:4B)3 abased on;the�$uttding �,21'0, p`m a0eiard andaKaren
Departments, May 19,,. 003 Dif ley #543I1 Thisaaaaxequest
Notice oFD,Napproyal,amended for a. Vanance under Section
Ji�riex r30� 2Q03, fqr proposed 100�.242A;�reF 100-244B,;based=
ad'dihonsfalferations. :to the on.,.the:Building..Department's'
exi$tYng dwelling-with asingle - August 1, .2003 Notrce °'�of'.
side yard setback at less tha{i 15 Disapproval; amended
feet Location ofPr"operty 2 0 Septemberr3, 2Q03 ,Applicants -
P..,`� Road, `Cutcho" e
'rio
atolessAhanc35 -feetyfromttbe
0 a in l�=Metres,and L F front':.lot'Sline; at 432 Lupton
lla han #5413 3Tlus is a �:,pnint Road, Mattituck,
,r cr}iest. r xa Variance under
Section t00 82A,=eased on the r, 2 20 m Rita Jones #5414
%ildmg3De�artment's July�17, �$is a request for a-Vanai ee
2003 Nonce ofbisapproval,for z under Sectoon 100 244B,jbased J'
proposed 'additionsfalteraligns
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APPEALS BOARD MEMBERS
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�� Gy Southold Town Hall
Gerard P. Goehringer. c 53095 Main Road
Lydia A. Tortora C P.O. Box 1179
George Horning � • �`F Southold,New York 11971-0959
Ruth D. Oliva , Chairwoman �0,( �`�� ZBA Fax(631)765-9064
Vincent Orlando Telephone(631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 23, 2003
Appl. No. 5431 — Gerard and Karen Diffley
Property Location: 432 Lupton Point Road, Mattituck; 115-11-1.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without an adverse effect on the environment if
the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's16,988 sq. ft. parcel (described
land) is a triangular shaped lot with 262.15 ft. frontage along Lupton Point Road and lot
depth of 140.48 feet along the easterly side property line. The property is improved with
a two-story frame dwelling set back 30+-feet from the front property line.
BASIS OF APPLICATION: Building Department's August 1, 2003 Notice of Disapproval,
amended September 3, 2003, citing Sections 100-242A and 100-244 in its denial of a
building permit to construct a second-story addition to the existing dwelling at less than
35 feet from the front lot line.
FINDINGS OF FACT
The Zoning Board of Appeals held,a public hearing on this application on October 23,
2003, at which time written and 'oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a second-story
addition over the existing dwelling with alterations to the existing garage area, all within
the existing 31 ft. front yard setback of the house, as shown on the site and design plans
prepared by Hugo V. Giannotti dated April 25, 2003, and survey dated May 12, 2003
prepared by Michael K. Wicks, L.S
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Grant of the relief requested will not produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. Applicants propose a second-
story addition to their existing two-story home. This addition is simply a fill-in of the area
above the garage which is the only area that is not two-story on the existing home.
Applicants informed. the Board that the expansion is only a part of the entire renovation
Page 2—October 23,
Appl. No. 5431 —G.and K. Diffley
115-11-1 at Mattituck
V
of the home which is in the foot print of the existing two story structure, maintaining the
same 31 ft. front yard setback.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. Applicants' home has existing
front yard setback variables of 31 feet and 30 feet. The code requirement is 35 feet, and
the applicants' plight is a reduction of four feet from the code requirement. Applicants
have no other alternative but to request a variance because the dwelling is existing and
the addition is over the existing footprint that has existed for many years.
3. The difficulty was self-created when the home was placed in its existing location
many years ago with a nonconforming setback from the front property line.
4. There is no evidence that the grant of the relief requested will have an adverse effect
or impact on physical or environmental conditions in the neighborhood or district. Lupton
Point is an area of substandard size lots with fairly large homes. For the record it seems
prudent of the applicants not to expand the footprint of the existing home and to utilize
was exists in this plan for proposed renovations and alterations.
5. Grant of the area variance is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of a second-story over the existing footprint of the
applicant's dwelling, while preserving and protecting. the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Goehringer, seconded by Vice Chairman Orlando, and duly carried, to
GRANT the variance as applied for, as shown on the plans prepared by Hugo V.
Giannotti dated April 25, 2003, and survey dated May 12, 2003 prepared by
Michael K. Wicks, L.S
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Orlando (Vic Chairman), oehringer, and Horning.
Absent were Ruth Oliva (Chairwoman) and emb T Wup 1p illness). This
Resolution was duly adopted (3-0).
Vincenf Oriando, Chairman 11 /3/03
Approved for Filing
0
�0® k� FORM NO. 3
NOTICE OF DISAPPROVAL y
Yl
DATE: Au s 03
TO: Gerard &Karen Diffley
435 Lupton's Point ����
Mattituck, NY 11952 AUG
42003
Please take notice that your application dated July 23, 2003
bpnD Ofi App�A�s
For permit to construct a second story addition to an existing single family dwelling at
Location of property 435 Lupton's Point, Mattituck, NY
County Tax Map No. 1000 - Section 115 Block 11 Lot 1
Is returned herewith and disapproved on the following grounds:
The proposed construction to this non-conforming single family dwelling on a non-conforming 16,988
square foot parcel in the R-40 District is not permitted pursuant to Article XXIV Section 100-242A
which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a non-conforming building containing a conforming use, provided that such
action does not create any new non-conformance or increase the defree of non-conformance
with regard to the regulations pertaining to such buildings_"
The existing single-family dwelling notes a front yard setback of 30 feet. The proposed second story
addition will maintain that setback.
Therefore the proposed addition is not permitted pursuant to Article XXVI Section 100-244, which
states that non-conforming lots measuring less than 20,000 square feet in total size, require a
minimum rear yard setback of 35 feet.
Total lot cov ill be maintained at below 20 percent.
Aidliorized
I
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Department.
TOWN OF SOUTHOLD c BUILDING :- MIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do ave or need the following,before applying?
TOWN HAL 'Board of Health
SOUTHO,LD, NY 11971 3 sets of Building Plans
TEL: (631) 765-1802 Planning Board approval
FAX: (631) 765-9502 Survey
www. northfork.net/Southold/ PERMIT NO. Check
Septic Form
MY S.D.E.C.
Trustees—
Examined— ,20 Contact:
Approved 20 Mail to D t PrLiz ,
Disapproved a/c `f35 l_ e4o.,s at &4kfn c4 «Ss
Phone- F Y'3 13
Expiration ,20
21nspector
;A PPLICATION FOR BUILDING PERMIT
arp-4.t .r; Date J•� I ? 20 03
TOWN kt ' ' INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be conunenced before issuance of Building Permit
d. Upon approval of this application, the Building Inspector will issue a Building Peanut to the applicant. Such a peanut
shall be kept on'the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition s?x�xnonths. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit'pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections
01
Signature of applicant or name, if a c rporation)
/-7o.._T /La i�tcl, .✓� /!$a2
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
O w,✓E e
Name of owner of premises G C eA-2-C A-"o
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No. g'a- I-e-
Plumbers License No. 3B0 7 -
Electricians License No. Lt
Other Trade's License No. l
1: Location of land on which proposed work will be done:
`f 3 5 L LL tl-'ro.,t S ,>o ...t T— M kT r i 17tLc1e__
House Number Street Hamlet
County Tax Map No. 1000 Section o/o 0 0 Block �� Lot r O /
i i ' "=`
Subdivision Filed Map No. Lot;
(Name)
ii
2. State existing use and occupancy/,orpremises and intended use and occupa-f,;y',of proposed construction:
a. Existing use and occupancy Re S ,o cu C_r • ,`
b. Intended use and occupancy
3. Nature of work (check which applicable): New Building Addition Alteration
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost _� 1 So , n 0 0 Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front Rear Depth
Height Number of Stories o
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Storiesy
8. Dimensions of entire new construction: Front Rear D>h
Height Number of Stories
9. Size of lot: Front Rear I!;"'- 13 Depth ' `F °' `F k
10. Date of Purchase C, i4 q 3 Name of Former Owner S• C, S N,A w
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO x
13. Will lot be re-graded? YES NO � Will excess fill be removed from premises? YES NO
14. Names of Owner of premises D Address`+3t L,,,+a► & Phone No.
Name of Architect Address Phone No
Name of Contractor C4 —l e-s Address L1 Lj d j c.�, 0AA t 1 n-& Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO x
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OFDUFU)
�J, FF/ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the O`_Or� ejL---
(Contractor, Agent, Corporate Officer, etc )
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this
,_VJ) day of 20
Notary Public Signature of Applicant
RpBIN.Mc KENNA
Notary Puglic State of New York
No.01MC5083606
Qualified in Suffolk County
Commissio! Expires August 18,20
r
DISAPPROVA RECEIVED
SEP 3 2003
ZONING BOARD OF APPEALS
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1 .
ZONING BOARD OF APPEALS OCT 1 6 2003 ti
-TOWN OF SOUTHOLD:NEW YORK ?.
----------------x
In the Matter of the Application of -- -- '`
AFFIDAVIT
G'r�tf►R o .�r r� ie�.► C- �=c cy OF SIGN
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
100.0- - -
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
G C--rc'4'2P t. 7D# residing at 'Fj�'c.vP s Ar
New York, being duly sworn, depose and say that:
On the 'day of oc-rvr3t— — , 200.31 personally placed the
Town's official Poster, with the date of hearing and nature of.my application
noted thereon, securely upon my property, located ten (10)feet or closer from
the street or right-of-way (driveway entrance) -facing the street or facing each
street or right-of-way entrance;*and that
hereby confirm that the Poster hay remained in place for seven days
prior to the date of the subject hearing date ich hearing ate shown to be
(Signature)
Sworn to before me this
i-T4 day of OM66 , 2003. NANCYT•FUSCO
1f0 FU=2o1N Yak
911 AJ J.J,�� 7-1
Qum in Suf olk C"
Cwwasion Wes Jan.20,20
(No ry Public)
*near the entrance or driveway entrance of my property, as the area most visible
to passersby
• � �---L 1 6 Zp03
• �� pC1
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
----------------------------------------------------x
In the Matter of the Application of
AFFIDAVIT
l;ERAr2D /�,J� ��et1,t L. �, �FLc j OF
(Name of Applicants) MAILINGS
CTM Parcel #1000- III-- - /( -
------------- -------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, G- 6—RA120 F. � F,=�`-y residing at
New York, being duly sworn, depose and say that:
On the ��h day of oc-7 , 2003, I personally mailed at the
United States Post Office in �' " , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the official records on file with the (4b) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the applicant's property
(Signature)
Sworn to before me this
,74C
D&roA---,&- , 2005
NANCY t FUSCO
PtB�c,S�o!Na+xY�t
ary Public) ft011FL4=4M
named an sues U"
JMA20 Z
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed Thank
you.
Lot# 115-11-2
Mr. &Mrs. H. Loeffler
535 Luptons Point 7 0 a l // �4 0 00 00 3531
Mattituck, New York 1952
Lot#115-11-20
Rev. Joseph D'Angelo
490 Luptons Point ?Do) / p o 0 0 0 / f S 3 9 0
Mattituck,New York 11952
Lot# 115-11-21
Mr. &Mrs. S. Bellavia
380 Luptons Point ,� o -d- o cs 0 0 / "9 3 5
Mattituck, New York 11952
Lot# 115-11-22
Mr. &Mrs. K. Cutler
Post Office Box 1060 ? poi 0 0000 / f 9 3 7
Mattituck, New York 11952
Lot# 115-11-23
Mrs. Mary S. O'Brien
C/o Mrs. Marilyn Voss
243 Main Road 7 0 ° / / �0 a o0 o r k k 5 3�S
Riverhead,New York 11901
Lot# 115-10-1
Estate of Elmer Ruland
C/o Mr. Wm. Ruland 0 c) I (X0 0o 0 0 E-6-5 3 &6 7
Post Office Box 164
Mattituck, New York 11952
ZONING BOARD OF APPEALS
Q Utz:.. .•.
TOWN OF SOUTHOLD.NEW YORK
-----------------------------—-----------------------x
In the Matter of the Application of
AFFIDAVIT
6-1ERf41ejo E- '9,10 C. 0, FFLcj OF
(Name of Applicants) MAILINGS
CTM Parcel #1000- //y-- - /( -
------------- --------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
i 1, G-'6-"-a v F- �6 r Fr—C-Ly residing at 51.35 �s P
m�TT�T� New York, being duly sworn, depose and say that:
On the rh day of 200-3, 1 personally mailed at the
United States Post Office in rn "`"'� , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the official records on file with the (-1z) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the applicant's property.
(Signature)
Sworn to before me this
,cd of OtroBc-' , 2005
NAWY T.FUSCO
Pt k we d NawYO&
( ary Public) ►0.a1FL410 6
Quar�ed to SuF�c Canty ,�
Conunhdw E Jan.A 2D:1
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed Thank
you
Lot# 115-11-2
Mr. &Mrs. H. Loeffler
535 Luptons Point 7 0 0 / // �4 o o c) o o 6-6 9 3 S 3 /
Mattituck, New York 1952
Lot#115-11-20
Rev. Joseph D'Angelo
3 9 0
490 Luptons Point
Mattituck, New York 11952
Lot# 115-11-21
Mr. &Mrs. S. Bellavia
380 Luptons Point o / / / -d- 0 u o o s-6-9 3 5 y!
Mattituck,New York 11952
Lot# 115-11-22
Mr. &Mrs. K. Cutler
Post Office Box 1060 7 U o / / / ' 0 0 0 0 / & `/ 3 5/ 7
Mattituck, New York 11952
Lot# 115-11-23
Mrs. Mary. S. O'Brien
C/o Mrs. Marilyn Voss
243 Main Road 7 0 ° / //7`� a vo o 8 5 3 y
Riverhead,New York 11901
Lot# 115-10-1
Estate of Elmer Ruland
C/o Mr. Wm. Ruland Dot / /y-0 00 o v / C-6-5 3 9-6 7
Post Office Box 164
Mattituck, New York 11952
i
i
'TOWN OF 8.GM HOLD,'WW YORk ° DATE X .. # 3.97)
A611ON OF THE ZONINO BOARD OF APPEALS
Appeal No. ''�' Dated ftreh 3L 3
7'ION OF THE,ZONING BOARD OF APPZA?S OF T$E TOWN OF SOUTHOLD
T Appellant
a a meeting:of thg, onizig:Board of Appeals on +�� the appeal
.. ' ,. ' ..•. ' '+hams 191 i
.a ;tbe factig iit dicated•be'low was-taken oh your
y J. ;S4'.
ainc .�liitis ;of;.access.tA'p�p�
( ..5 '' 7iiug Ordinance
etR �aer'the.
{ i { .,k,.t, }it'•- OrcHnaIICe
1= $ CQ ,r*,itesolution of the Board it was determined. that a special e$cepticI ( ) be
Sestina' ................ ... Subsection., ... ,.,...:....... . paragraph
t
O'c`mauce-alid .the decision of the' Building, TrlspeCtor ( ) "be reversed ( ) be
Wt
,; ���1,�; � � Sri±':��• -�.':,�, _ ���� :? #�•�f;��#i:� e
�„cc �:•',y its, H�=�` - c � ..
(.,.
i.
.2 tesolutiort of:the Board it was determined that
{;
# on:{1$.:the,.6rdinanc (mould) (would not) produce pr4ctical .difficulties or -unnecessary
dshi t.
;
(;) ;TIr4':; P Oreeed (its) (is not) unique and (would) (would. not) bq shared by all properties
' ',, t4icuiiY of this property and in the same use distridt because
f i�r
( ) Tt}e, 'e (does) (does not) observe the spirit of the Ordinance and (would). (would not)
'•i*e l ' aster of the 4istrict because
'lip Mum w.
i
d thgref' e. it was further determined that the .requested variance ( ) be granted ( ) be denied and
t the ous decisions of the Building Inspector ( ) be confirmed ( ) be reversed
,
,
ith
"tom Or rear ywid r The 3 91i tfiB` Bard Ar4i- that It, %ad
be proterable to move the a*UeU. of the house forwsxd tbeweby
*Mronsing, the adze of the bsckyawd;a, ire vould be 4000gs ju
the Oba"Oter or the :00i 0 as mow of the homoo OLre UUsLit
else is tote ms Board , the rt�som� -of the
The. B*Oxd finds tbat. .s# *t �;e� e:r tUe. am, "UM100. wed
PrO t+t practloolt . . . . sue bardship.j. ' d
ewes tsd $ e #e tcg ., pe in
the a a c ate: r or- ada p"per*7--and spa the a e. 440' 1 tt
ww" .t3 a me ter of th4 #4i d
O*Orvo the. spimit q'i ► `O : ".0
Nov,Ufti, The OPAMM.,
with- InvaMolent. set#atIC or rear yards, jest to the e
eet�c�
1-* That the gear . ( .-e tmet OU of the houss a
The at le t 25- feot deep.'
240 IMat *he tz'odit yid sUaU jWt be c 4 :a0v mare thug
Is :404088aw to #`w k 0 .5' ft6t VeAr yard*
bein,g' .t araUel to the roA40
V94teof the Bow a A'Y,001 - eft$ f �#sP , �► .� :
r
1