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HomeMy WebLinkAbout5254 • i APPEALS BOARD MEMBERS �'o C Id OG Southold Town Hall Lydia A. Tortora, Chairwomanc yd 53095 Main Road %Gerard P. Goehringer t y Z ; P.O. Box 1179 George Horning ;O .fie t Southold,New York 11971-0959 Ruth D. Oliva =y40 �0 ,f.� ZBA Fax (631) 765-9064 Vincent Orlando =-_'� jig s Telephone (631)765-1809 ' http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD u. -4A FINDINGS, DELIBERATIONS AND DETERMINATION OCT 1 7 200a MEETING OF OCTOBER 9, 2003 Appl. No. 5254 - Nicolo and Caroline DiBartolo Muthold Town Clerk Property Location: 475 Condor Court (extends off the east side of North Oakwood Rd), Laurel; Parcel 1000-127-3-6.2. 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 as an accessory use. PROPERTY DESCRIPTION: This applicant's property contains 40,000 sq. ft. of area as shown on the November 22, 2000 survey, revised January 16, 2001, by Joseph A. Ingegno, L.S. The property is improved with a 1-1/2 story frame house and recent 2"d- story addition. The property is accessible from Condor Court over the applicant's contiguous 17-acre lot. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 17, 2003 and August 21, 2003, at which time written and oral evidence was 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: REQUEST MADE BY APPLICANT: Applicants, as the owners and residents of the existing dwelling, request a Special Exception under Article III, Sections 100-30A.2B and 100-31B, sub-sections 14a-d of the Southold Town Zoning Code for an Accessory Bed and Breakfast, accessory to the owner's occupancy in this single-family dwelling, with up to three (3) bedrooms for lodging and serving of breakfast to not more than six (6) casual and transient roomers, incidental and subordinate to the principal use of the dwelling. REASONS FOR BOARD ACTION, DESCRIBED BELOW: After hearing testimony, reviewing submitted materials and making personal inspection of the property, the Board has considered the general standards set fourth in Code Section 100-263, and finds and determines the following. 1) This use as requested is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. Page 2—October 9,2003 Appl. No.5254—N. and C. DiBartolo 127-3-6.2 at Laurel A-The proposed bed-and-breakfast accessory use will not prevent the orderly and reasonable use of adjacent properties, or properties in adjacent use districts, or of permitted or legally established uses in its zoning district or adjacent use districts. B-The safety, heath, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed accessory Bed and Breakfast use and its location. C-The structure will be readily accessible for fire and police protection as evidenced in a letter addressed to the Board of Appeals from the Mattituck Fire District dated October 2, 2003. D-The proposed use will be in harmony with, and promote the general purpose and intent of, the zoning code and will be compatible with the residential neighboring areas and with the character of the community in general. 2) The Special Exception is for approval of the Bed and Breakfast as an accessory use incidental to the applicant-owner's residence in the single-family dwelling and will not prevent the orderly and reasonable use of adjacent properties and the use has adequate parking and available open space. 3) This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent residential or agricultural use districts. 4) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, or order of the town would be adversely affected by this accessory bed-and- breakfast use. The accessory use in the dwelling is required to meet New York State Building Code requirements, before issuance of a Certificate of Compliance for occupancy will be issued by the Building Inspector. 5) A bed-and-breakfast is an accessory use in conjunction with the owner's residence, and is authorized under the zoning code (subject to a Special Exception review and approval by the Board of Appeals) and a Certificate for Occupancy from the Building Inspector for other safety and health regulations. 6) No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. BOARD ACTION/RESOLUTION: In considering all of the above factors, the following action was taken: On motion by Member Tortora, seconded by Member Oliva, it was Page 3—October 9,2003 Appl. No.5254—N. and C. DiBartolo 127-3-6.2 at Laurel RESOLVED, to GRANT the application for an Accessory Bed and Breakfast Use as described above, SUBJECT TO THE FOLLOWING CONDITIONS: 1) A minimum of five (5) parking spaces shall be provided on the applicant's property as shown on the survey with sketched-in parking area (three for the Bed and Breakfast Use and two for the single-family dwelling). 2) Applicant-Owner shall occupy the dwelling as his/her principal residence. 3) This Special Exception is authorized by the Board of Appeals solely for an Accessory Bed and Breakfast in conjunction with the owner's residence and ownership, and does not include use of the property and buildings for any other use or purpose. 4) The owner-applicant shall obtain a B&B permit from the Town of Southold Building Department as required by Code Section 100-31(b)(14). 5) A flexible chain ladder shall be placed next to each guest bedroom window for emergency access purposes. 6) The improvements required by the Mattituck Fire District letter dated October 2, 2003 shall be installed. 7) The Board reserves the right to annual inspections to this property for safety and permanent maintenance of the access requirements, without disrepair or damage. 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 Tortora (Chairwoman), Orlando and Oliva. (Nay: Member Goehringer). (Absent was: Member Horning of Fishers Island.) This Resolution was duly adopted (3-1). Lydia A. Tortora cting Chairwoman 10/ /6- /03 Approved for Fi ing / . e ' - , MATTITUCK FIRE DISTRICT PO BOX 666, PIKE STREET MATTITUCK, NEW YORK 11952-0666 - office (631) 298-8837 mattituckfd@peconic.net fax (631) 298-8841 commissioners JAMES D.ROACHE,Chairman John A.Keogh,Secretary Martin L.Griffin,Vice Chairman Barbara Dickerson,Treasurer Norman A.Reilly,Jr. Timothy McGowan ..-..,Ft.T.T.rtA p ,e.ila ocT 6 7-C103 October 2, 2003 .702EL., Attention Lydia Tortora, Chairwoman Town of Southold Zoning Board of Appeals PO Box 1179 Southold,NY 11971-1179 RE: Dibartolo Bed&-Breakfast- File#5254 Dear Chairwoman Tortora, ., After making an inspection of the,above naentioned.property the Board of Fire Commissioners of the Mattituck Fire District agree that access for eMergency response is Within reason. Mr. DiBartolo has agreed to address two soft areas Of the driveway and removal of one tree to further improve the driveway forernergency vehicles. With these improvements the Board of Fire Commissioners determine that emergency response access is within the parameters of:safety for all concerned. Very truly yours, , . Aohn A. Keog , ect attituck Fire District Copy: Attorneys Van Nostrand & Martin Mr. & Mrs Nicolo DiBartolo —`--=� Chief Secretary �,n and A.Hanus Jr. tToj," Timothy Haas 1/ _ • irst Asst.Chief j :� Treasurer teven L.Harned - yl T Audrey Wigley Second Asst.Chief /-s Sergeant-at-Arms Steven M.Libretto Raymond F.Nine ----N.Y. Chaplain George T. Woodhull MATTITUCK FIRE DEPARTMENT P.O. Box 136 �.- Mattltuck, New York 11952 Main(631)298-8833 Fax(631)298-1904 Chiefs(631)298-8852 Fax(631)298-8858 To: Ms. Lydia Tortora Chairperson Town of Southold Zoning Board of Appeals RECEIVED From: Chief Edward Hanus Jr. Mattituck Fire Department MAY 1 3 2003 Date: May 12, 2003 At 5 a.5. Re: Fire Department Access to 2146 Main Rd in Laurel ZONING BOARD OF APP ALS a le, TAAY.A I have been asked by some of the residences of the Golden View Estates development to make comment on the accessibility by the Mattituck Fire Department to 2146 Main Rd (475 Condor Ct)in Laurel. Therefore, after looking into the situation I have to express my concerns that there is a potential issue here and that trying to get our emergency apparatus to the residence could be a problem. Gaining access to the residence by means of the Main road in Laurel takes our personnel and apparatus over a dirt road and over railroad tracks with out a gate. Taking a fire truck and/or an ambulance over the road itself will be a problem in the rainy seasons; heavy vehides like these will get bogged down in the mud, therefore possibly endangering personnel and apparatus. Also, crossing railroad tracks with out a gate could be a very hazardous situation. Accessing the residence by means of Condor Court has its issues as well. This roadway is narrow and has a bridge on it going over Brushes Creek. Here again, trying to get today's bigger fire apparatus and ambulances to navigate this road and crossing a bridge which does not appear to be rated to withstand these heavy loads may again put personnel and apparatus in harms way. Lastly, be advised that the officers and members of the Mattituck Fire Department will always make every effort to aid the public when we are called in for assistance. However, in this case I think it would benefit everyone concerned to greatly improve either one or both of these emergency services access ways. Regards, Edward Hanus Jr. Chief Mattituck Fire Department A (061Y vr, 6./1 9")r) cfi/ • roily\ fe' ?ob ���'0 Gy Southold Town Hall,53095 Route 25 Robert I. Scot Jr., Chairman �, ; c ; P.O. Box 1179 Scott A. Russell, Assessor �2 W Southold,NY 11971-0959 Darline J. Duffy,Assessor ���/J� t ;G f, �'F�I Fax: (631)765-1356 -7,4 _�Ol �A Telephone: (631) 765-1937 go BOARD OF ASSESSORS RECEIVED TOWN OF SOUTHOLD MAY 1 3 2003 Date: 5/13/03 3 tr riA) To: Lydia Tortora & Members of the Zoning Board of Appeals ZONING BOARD OF APPEALS From:Scott A. Russel 49 RE: SCTM# 1000-127-3-6.1 & 6.2 I have been asked by several lot owners in the Condor.Court, Laurel area to forward to your board information regarding the above-referenced properties in the name of Nicolo and Caroline DiBartolo. These properties were purchased in a single deed dated April 25, 1994 and filed in Liber 11677 Page 427. Because of this and because the ownership of both properties are identical, my office has flagged these for merger. Because merger of lots has no consequences to taxable value, we give them a low priority. These, like many other properties that we have received deeds on,are subject to merger which will result in our retiring the two existing tax map numbers and then issuing a new single identifying number. Feel free to contact me if you have any questions. TOWN OF SOUTHOLD PROPERTY RECORD CARD /Ooa - J.27- 36. 4 OWNER STREET7 S VILLAGE DIST. SUB. LOT ) li c_oLo 4 caroI1're S • D 3�r Eo . �oac.ov- u ,� as r. '-.' FORMER'OWNERE ACR. I N 4 , I /F? , -Hca (.c H i Qc•w a /7 S W ITYPE OF BUILDING Mcl ry bs ache n G, 74/aciti A Go(fie H Wei...,-, Ri,cam,,c) RE$. / ya SEAS. VL. FARM L__, COMM. CB. MICS. Mkt. Value I' D IMP. TOTAL DATE REMARKS 3SO 4 3'J O Q 57.2-109 4/ / -L/I 1977 017-1616Chu/� FS-/, �a Pa�eis, 2' 2oo X860 7.2y/'2Z 1° , � � �r7`o to � ►� d�D,ooh ,,9-7 4 a 2.-7 o U:i ,s7.76/7z 2 7OC) c'50 , asoc3/sl v-._ , tillable 9 24.r?) zz:_s-d FRONTAGE ON WATER Noodlartd . ' (.5'-e) yQ m FRONTAGE ON ROAD Aeadaviland DEPTH low PIOO BULKHEAD 'otal ‘ ..5*--U ... A/ — i 6 TOWN OF SOUTHOLD PROPERTY RECORD CARD /do, - ,,) 3 - 6 a OWNER STREET ai ei (6, VILLAGE DIST. SUB. LOT Nisi-CO 10 4: Ca ro itnc. _ • // b-e SC i-t 13 e ci FORMER OWNER N . •E ACR. • 1 i r r 1 a y-y S '-,45.1.1 1 e, I.) Li K rt A(+ t•--cc.)\ vivy C7:744 r d I . . w TYPE OF BUILDING - . :Mary 1)i ochu - RES. SEAS. . VL. FARM COMM. G . MICS. _ Mkt. Value ... I 'D -IMP. - - TOTAL - DATE REMARKS r D 0 - dj .4- — R--g-c--)5.'s? 4 frof Q . A ct 0------0 114e/? t i•Vatiq4-.1-II-(077f 4a1.- co, ES • 71-0 i SC() - I /;_ (0 I 1(4 Jog. a P4 . E3t-[(09,- cvid, i-fons/a,ii-ov ., -10.17.00:5. . , .. .,. . GE BUILDING CONDITION _ . NEW NORMAL BELOW ABOVE .. FARM Acre Yerlete-ilaer- Value -416.ca- . Tillable f.... - _...,..r........---'*Jel FRONTAGE ON WATER r1....?.". Woodland FRONTAGE ON ROAD MeadoklotA 0-... ,--• DEPTH House Plot - BULKHEAD Total : . . ‘r--, a J DOCK , . ••sli, - .-.- • 1.,...., •••••;••-•* , ; , ' OWN OF SOUTHOLD., NEW YORK � 0 Vo -- APPLICATION FOR SPECIAL EXCEPTION oiS01rGl.- •7-i)t Application No. €WMED Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: r NOV' 1 4 2002- I (We) , i1' iO/0 mea(-di;n . s. 6,ri`Oly of "7 75--e0r7Residence`�Hoc '. r ' 1� :�7 ri t) -0, 0i r3o`e 32-T ° erg u yc.9lr/c. l rr u/ -- (, 3�-a98 -�S/d 3 (Hamlet, State, Zip Code, Telephone umber) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE 0/ , SECTION /co , SUBSECTION 309 S for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : A. Statement of Ownership and Interest. OC..(9 to r- earo i'n ,e_ i86wto l� is(are) the owner(s) of property known and referred to as ,S/75 0/ --- oa r r" etez, t/ /1/1///q�"g (House No. , Street, Hamlet') / identified on the Suffolk County Tax Maps as District 1000, Section /;27, Block 03 , Lot(s) 4,. 2 , which is not (is) on a subdivision Map (Filed "Map of " Filed Map No. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on /99 Z . B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: C. The property which is the subject of this application is zoned /9-C and [O] is consistent with the .use(s) described in the Certificate of Occupancy being furnished herewith. [ ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : 1 [ ] is vacant land. COUNTY OF SUFFOLK) " %� 1(a STATE OF NEW YORK) ssG i a�� ature Sworn . .efore me th• Yday of 0 /• )0d,_ , 14" %fj o2!/-- Q Z /�2 PATRIdA CORwiN \. ( .t a ry Public) Notary Public,State of New York No.01C05017852 / ./.________ Qualified in Suffolk County Z B 2 (rev. 2/6/8 6) Commission Expires Sept 13, -2,00 4— f ( I�,/le OWFOL4' O CI, Z i Town Hall,53095 Main Road . •� Fax(631)765-1823 P.O:Box 1179 `` •4i ��• ,. Telephone(631)7654802 Southold,New York 11971-0959 •--Wei , +00 BUILDING DEPARTMENT TOWN OF SOUTHOLD APPLICATION FOR ACCESSORY BED & BREAKFAST Please attach the following items when submitting this application: 1. Floor plan showing the location and number of guest rooms, smoke detectors, sizes of exits and egress -windows and doors; 2. Application.fee. ($100.00 initial fee, $50.00 annual renewal). Note: A permit for a Bed and Breakfast will be issued only after Owner has obtained and complied with a Special Exception for a Bed and Breakfast from the Zoning Board of Appeals, and after the Building Inspector has inspected the property and has found same to be in compliance. Note: A building Permit and Certificate of Occupancy shall be required for any structural alterations. STATE OF NEW YORK) COUNTY fOF SUFFOLK) I, C14�ZD 1 i YI S �� 1�Jdf-(�ja , owner of property identified as Suffolk County Tax Map#1000- 1 a'7 - 0 3 - G . 2, a/k/a House# #f9:5—elo n d0 t— (o cc-r-'r located in Lo_u.r e.1 , Town of Southold, County of Suffolk, State of New York, hereby agree to abide by the conditions and requirements of the Zoning Code of the Town of Southold and all other applicable laws,rules and regulations pertaining to Bed and Breakfast facilities, and hereby give consent for the Build g Inspector of the Town of Southold to inspect the building and premises. /1//coo l Please contact (�ro ii n e S J1 A t r17)]0 at(631) 99 - .54/a to make arrangements for on- site inspections. Sworn to before me this t lI Dayof O 200a e 1 _ a l/e3X0-�Q1 1 Notary Public,State of Owners Signature f New York No.4799955 Not Public �bra Suffolk For Office Use Only: Application# LBA Reference 4 SCTM#1000- - - Zone District: [ ] Initial fee$100.00 [ ] Annual Renewal Fee$50.00 [ ] Approved [ ] Disapproved due to Date Issued: Expiration Date: Building Inspector L • APPEALS BOARD MEMBERS ,,'' SOFFO(I- • /AZ. Southold COGy `` Southold Town Hall Gerard P. Goehringer, Chairman \ c •� 53095 Main Road Serge Doyen,Jr. ; Ci' • • x ; P.O. Box 1179 James Dinizio,Jr. p 47$ Southold,New York 11971 Robert A. Villa ';y'f1p1 �.�0�,�'° Fax(516) 765-1823 Lydia A.Tortora - Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD QUESTIONNAIRE Accessory Apartment or Bed and Breakfast with Owner-Occupancy Names of Individuals or Parties Having an Interest in the Subject Premises and a description of their Interests: Cig oune S !✓r`(.:0 0 i riar7-o /e - �GGLy2 Name of the Applicant(s) and his/her Residence: //1/10.s. /.0 1-(70-+"'ci/Y -bi's80-r cIu - 7� '1�r o.0 p�� /l/_V. / /9 ' Names of Current Residents/Occupants of the Subject Premises: S IN_m 4. 0�5 &.lo o t/ - Current Occupants are: (please check one or more boxes) { } Tenants with Written Lease { } Tenants without Written Lease • {X} Current Owner { } Contract Vendees { } Proposed Occupants/Residents under the Subject Application • { } Residents NOTE: By not checking one or more of the above, it is assumed that the current Occupants are not tenants with a written or without a written lease, are not current owners, are not contract vendees, are not proposed Occupants/Residents under the Subject Application, and/or have a different residence. Is the subject premises listed on the real estate market for sae or being shown to prospective buyers? ( ' ) Yes { (cuLc9L } No. �} r,) ,�" , f 10 -Z 3--a 2- Authorized Authorized Signature_ and Date_ - j ! i i � QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet maybe attached. ) V cef Car?`,he: 'br 6a-r tv lo_ o a./Aler B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes { X} No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes {)(} No D. 1. Are there any areas which contain wetland grasses? ye, 2. Are the wetland areas shown on the map submitted with this application? Lte 3. Is the property bulkheaded between the wetlands area and the upland building area? (/U 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? y-e_, E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /09 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? /y A/e_ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? QS If yes, please submit a copy of your building permit and (nap 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? Y e5 If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel kQvicie-n c.e._ and proposed use Re•;<<'cdc a.c_e_,i- Authorized Signat a and Date 3/87, 10/901k • • • • � I. . . 1 APPLICANT TRANSACTIONAL. DISCL.OSURR 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 NAHR: b1Oar-TO idd� /1//6616 94 (arok/1C S - — (Last name , first name , middle initial , unless you are applying in the name of someone else or other entity, such as a company . If so , indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: (Check all that apply . ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other ( If "Other, " name the activity . ) I 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 v If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling , parent , or child is (check all that apply ) : A) the owner of greater than 5% of the shares of the corporate stock or the applicant ( when the applicant is a corporation ) ; B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation) ; C) an officer, director , partner., or employee of the applicant ; or D) the actual applicant . DESCRIPTION OF RELATIONSUIP 200 Z., Submitted th / day f G(3 }-99- Signature dizALQ Print nam e OFFICE OF ti BOARD OF APPEAL Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. r- 765-9064 ZBA fax. **********i*******A A AA AA k***k*********A*#-k***A*AAirk#AAAAA#Ytir******k#tl'******it*#-k*A*k*** REPLY FORM Dated: A, d &o 3 TO: &L. ' /114 �tQc /3/614 t 5-,)_64/ 4Q All` et,eff ( ) Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible) The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. Ye •' - - - - - - - • : - . - - :5- 9however, please send the origin•{-by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. (v)/Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this • particular project map. ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( An original and six prints of the map were not included. (Preparers name and date of preps tion to be shown.) p t t rrww- rl A -/ Gva t. vw6 o 5/l ,t. A&-o-4? ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( )• Six(6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies of all current deeds and tax bills of the parcels back to (✓)' Other: e v-d.ifrut...e-2, hi 6 r-e,cA o-a.v..z.L/ Y. - OFFICE OF BOARD OF APPEAL ' Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. r 765-9064 ZBA fax. t1Y#r,MF«,M>1rM�4r,k#r,lr«.7A.r��k#r,kk,MF%M#Mr,k#ilr.rk,M#kk,k* «,�,k*«*,MM«*,Nk*��1Mk** REPLY FORM Dated: . idall 2003 TO: )/ TZ/Lo . )iicr t /04-,ykt!?-7.o4 /5a s7 34,--e_,e;tue__ , 0(-7Y-4Y `3 4 ( ) Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. 90r, please send ti+4a1 by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. (i'(Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: 6—Cte-m— ) S C p-f Cutt 01 i44.4-744:41 ( - ' - • 'isapproval issued by the Building Inspector after his/her review of this particular project map.-- , ; e•,11.4 olcaQ , -• . . - . • • • • , • ' -• . . . - needed. *" (4 An original and six prints of the map,were not included. (Preparer's name and date of preparation to be shown.),At uurreml- (het-- oi nfr 5L0 xu t I-' roac.� - backs must be shown for We subject building to all property lines, with preparer's name. ( ) Six (6) sets of a iagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies of all current deeds and tax bills of the parcels back to ,, 84;'N OFFICE OF BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. r 765-9064 ZBA fax. ** ****** REPLY FORM Dated: . /61-30-0 -� � A7C TO: /1.4-/ n;co-to 4 bu6o ere (V)-Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the:information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. (4 Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ' ,-;77 0-Notice of Disapproval issued by the Building Inspector after hi /her review of this � ,��,�� . particular project map.a t� a.1� ><a � �ca� �— e Tru, OCae-d a� lam"' r et-eta ,QB , ,� CL(� z`Z`a 71rdy'" 6(--. Tbe. ' i �`I ) Check payable to he Town of Southold totaling $ /°0oa;),_ee tom° 141 3 ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies of all current deeds and tax bills of the parcels back to 1 -n (Other: 7 Qi ii /Wilt /i'Iap 3l�V G�_ G "2) C2) 143 1 2 been said about these people as well . MRS . ZUPA: However, they have (—) 3 had the opportunity and they have answered. CHAIRWOMAN TORTORA: Off the 4 record. (Whereupon, there was- an 5 off-the-record discussion. ) CHAIRWOMAN TORTORA: The Board 6 would like to accept it in writing, and it will be read into the transcript; is that 7 sufficient? MRS . ZUPA: Thank you, Madam 8 Chair. CHAIRWOMAN TORTORO: You have a 9 prepared statement there . Would you like to turn that in now? 10 MRS . ZUPA: Yes . CHAIRWOMAN TORTORA: Okay, I am 11 going to make a motion to close this hearing and reserve decision. 12 BOARD MEMBER HORNING: Second. CHAIRWOMAN TORTORA: All in favor. 13 (Whereupon, all Members of the Board responded in favor. ) 14 CHAIRWOMAN TORTORA: This hearing is closed. 15 The next hearing is on behalf of Carol'ine:;and Nicolo DiBartolo. Is someone 16 ,' here who would like to speak on behalf of that application? 17 MR. DIBARTOLO : Yes, ma' am. CHAIRWOMAN TORTORA: Just a moment . 18 MS . KOWALSKI : Just like to ask that everybody who speaks, please write your 19 name and residence address on the pad. CHAIRWOMAN TORTORA: Mr. DiBartolo, 20 I would like to make a couple of comments . The Board had requested that we reopen this 21 hearing to be able to clarify the issues that were raised at the public hearing concerning 22 the safety and adequacy of the bridge, and to insure that it was constructed in a manner 23 that would safely accommodate fire trucks . I see that you did provide us with 24 an engineer' s report . We should get a copy of the engineer' s report certifying that the 25 bridge would carry - - and before I read it , I ' m going to, I was just looking for the COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 144 1 2 engineer' s report -- ten tons, that it will support an axle load of ten tons, and we also I-7) 3 received from you a traffic report, an engineer' s traffic report, which, if anyone in 4 the audience would like or has not reviewed it it is, of course, available in the files . 5 I just said that we have received an engineer' s report, certified engineer' s 6 report stating that the bridge was capable of holding ten tons, five ton per axle; and we 7 also received a certified engineer' s traffic study, and that if any of the information that 8 we had, you have not had an opportunity to review in the file, you' re welcome to review 9 it or look at it or anything else . We have not received a letter from 10 the fire department at this point . The DiBartolos -- I 'm telling you, according to 11 the submissions that we have received since then, have done, met with the fire department 12 and done substantial clearing at the fire department' s request to meet their 13 specifications for the trucks . Would you like to bring us up to 14 date as far as where you are with the fire department, Mr. DiBartolo? 15 MR. DIBARTOLO : You' re absolutely right in terms of the two issues that brings 16 us to this date and the meeting. The merging of the lots was one of them, and the adequacy 17 of the fire department in terms of what the bridge and the driveway will hold. 18 I would like to make a general comment referring to the merging of the lots . 19 Apparently the conclusion had been reached that the lots are merged. As such, we' re 20 talking about as a single lot of 18 acres that borders on one public street , Condor Court . 21 As such, we believe that the fire department has a certain amount of responsibility to 22 address any protection that is required once that lot is reached, which, of course, is 23 reachable through Condor Court, a public street . 24 CHAIRWOMAN TORTORA: Who determined the lots were merged? 25 MR. DIBARTOLO : I ' m sorry? CHAIRWOMAN TORTORA- Who COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 r 145 1 2 determined the lots were merged? MR. DIBARTOLO: Based on what I 3 had read on the file that had been sent to this Board and the letter to the assessors' 4 office indicating that it is the intention of this Town to merge those lots, and that letter 5 I believe is on record. CHAIRWOMAN TORTORA: Your attorney 6 had sent us a letter pointing out that your lot, your house lot is 40 , 000 square feet? 7 MR. DIBARTOLO: I ' m sorry? CHAIRWOMAN TORTORA: We have a 8 letter in your file from your attorney stating that your house lot is 40 , 000 square feet and 9 the codes said all lots are merged except a lot which is 40 , 000 square feet, and in which 10 case it would not be . I believe that letter is in the file . 11 MR. DIBARTOLO : That is in the file and the assessor' s letter is in the file . 12 So I 'm not clear which really rules at this point, but the bottom line is it is an 18 acre 13 that I 'm dealing with, and it does border on the public street . To that extent, I believe 1/L'L) 14 the fire department has a certain amount of responsibility to meet the conditions of 15 protecting what is on that particular lot . However, I may go on to address 16 the other question relative to the safety of the driveway. We had been in contact with the 17 fire department, the fire chiefs and the fire commissioners, and so has our attorney - - and 18 by the way, I do apologize, the attorney had precommitments for this week and he couldn' t 19 make it -- and we have not received the final response from the commissioners from the fire 20 district . We did have the fire chief and the assistant fire chief come to the property; 21 they walked the driveway with us and indicated what needed to be done to widen it, and we did 22 that and we sent you documentation to that effect . 23 Basically, what we did is we removed some trees, widened the driveway to a 24 15 by 15 regular requirement , and I understand this is the Town' s requirement for any access 25 roadway, so we made our driveway similar to a roadway access in terms of width and. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 146 1 2 requirement . So the driveway itself is adequate . 3 As far as the bridge is concerned, we have an engineer' s certificate which I have 4 just indicated it has a capacity of ten tons per axle . We have not received any 5 conclusatory remarks from the fire district, which apparently appears to have a 6 difference -- there' s a difference of opinion between the fire commissioners and the fire 7 chief as to what is adequate in terms of the bridge, but the certified engineer' s report 8 does state that it can hold essentially ten tons per axle . Essentially this will carry 9 just about any fire department vehicle it has ; perhaps not the biggest ones, but , after all, 10 we' re not protecting the high school ; we' re protecting a home, a single home, a single 11 use . But we have done everything in our 12 power to be able to get some additional information from the fire department and the 13 fire district to say, yes, this is adequate . Our attorney has been in contact with them. 14 We have gone to a public hearing the fire district had, and the commissioner has 15 indicated that we would hear from the attorneys for the fire district, which 16 apparently is a Mr. Glass in Port Jefferson. Our attorney has been in contact, the attorney 17 has indicated, the attorney for the fire district has indicated that we' ll be in touch 18 with the commissioner and make some recommendation how to respond. We have not 19 received that response . Now to summarize this, without 20 taking too much of your time, essentially I think we' ve complied, Number one, with the 21 fire chief' s description of what was needed for the driveway. We have an adequate weight 22 limitation on the bridge, and we have provided everything necessary beyond that, including 23 the traffic study. We feel that you have sufficient 24 information based on everything provided, that you can make a determination that you have 25 done a public review adequate to be protect the public here . Call it a due diligence COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878 -8047 cc\ 147 1 _ 2 review, I understand that this is basically protecting the public, that is fine . We ' ") 3 believe up ' til now we submitted sufficient information to come to that conclusion. We 4 think that you can make a decision to approve the application. 5 If, however, we have to leave this open, we have been trying to get detailed 6 information from the fire district; if your information is insufficient for your purposes , 7 then we do need more time to appropriately answer any further detailed representations in 8 terms of the safety of the bridge or the safety of the driveway. 9 CHAIRWOMAN TORTORA: Just a moment . 10 BOARD MEMBER GOEHRINGER: Mr. DiBartolo, I honestly have no objection to 11 your application in any way. I just happen to have been a Mattituck fireman for 30 years, 12 okay? MR. DIBARTOLO: Yes . 13 BOARD MEMBER GOEHRINGER: I had a discussion with one of my commissioners, and 14 it ' s my understanding that they are going to submit a letter. I don' t know exactly when 15 they' re going to do this . This discussion was approximately a week or so ago. I have to 16 tell you that I have been charged, and I have been charged with the writing of this 17 decision, and with the right of way qualifications, minimum qualifications that 18 this Board has dealt with since the passing of a board member from Orient who has passed that • 19 along to me, and his name is Bob Douglas, and he' s been dead in excess of ten years or 20 thereabouts . So I have been writing all of these specifications . I am not , I have to be 21 honest with you, I am not an engineer. It concerns me immensely because 22 of the 110 members that we have in this organization and the ability to get those 23 people to your house, 24/7 , 12 months of the year, okay, and that is the reason why I have 24 taken an active interest in this . I want you to be aware of one 25 thing . I have a great rapport with all three chiefs, but the district owns the equipment . COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 , 1 1 148 2 All right . The district buys ) 3 The district suppliesY the equipment . district owns the e the equipment and the elected officials , equipment, and they are 4 So, I am still waiting a letter from the district r forw are, I think, and that ' s where we 5 at this juncture discussion, very short discussion nwith d athe t ' s my a 6 chairperson couple days We are . g°, and that ' s where 7 So, whatever our to get the letter from Y attorney can do Mr. the district, from 8Glass, we would appreciate it MR. DIBARTOLO: okay? 9 have been veryOf course . We from the ver supportive from your comments y beginning. We had absolutely 10 objections to making no objections We have It as safe as we done everythingpossibly 11 realistically it' s been months, and le but forth and back and forth, and back and nse . and we get no 12 tespo pond It ' sinhnttfaormal for a hion public agency 13 we did attend theespecially since public told the information had hearing, and we were previously 14 to the attorneydistrict . been sent for th CHAIRWOMAN interruptTORTORA: Let me 15 you for a moment . think the Board should send the fi)rearstr, I 16 commissioners a letter. district think that MR DIBARTOLO: Would 17 only would helpthink I everything else we have because I 18 us know we will do whateverpised with and let get this done necessary to properly. 19 CHAIRWOMAN TORTORA: will, we will send aThe Board letter. 20 BOARD MEMBER GOEHRINGER: just reflect on one thing, Let me 21 says that the bridge is when the engineer pay axles certified for ten tons he is saying that or - - 22 because it ' s Mr. Tull It is a he Y, right? MR. DIBARTOLO: Yes . 23 two axles, it ' s BOARD MEMBER GOEHRINGER: saying that if a truck has t - s is 24 then certified for 20 ons? MR. DIBARTOLO: Exactly. But 25 there is another point to course, the that, which, of to review, fire district commissioner needs If it ' s a bigger truck and you COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-Rn47 149 1 2 have three axles, you can' t get three axles on a 24 span. You can only get two axles on a 24 3 span. It' s a small bridge . It has 12 piers underneath it . So what he' s saying is for 4 each axel that' s on there will hold ten tons, but the maximum you can get is two axles, 5 let' s face it, and the truck is longer than 20 feet . 6 BOARD MEMBER GOEHRINGER: Most of the trucks are 35 to 40 . 7 MR. DIBARTOLO: Of course . But the rest of the truck is going to be on land 8 not on bridge, so the weight is distributed. I 'm not an engineer either. 9 BOARD MEMBER GOEHRINGER : How long is the bridge? 10 MR. DIBARTOLO: 20 feet exactly. BOARD MEMBER GOEHRINGER : So what 11 he' s saying is by the time the second axel comes over the bridge, the nose of the truck 12 will already be off the bridge . MR. DIBARTOLO: Exactly. So 13 you' re dealing with ten tons . The way that bridge is built , I can tell you this now, I 14 haven' t looked into the possibility of getting another engineer and someone who actually is 15 involved in the actual configuration of the weight to get certified, and can certify what 16 the actual weight is that is that bridge can hold. The ten ton is a minimum, ten ton per 17 axle is the minimum, if anything it would be more . So if you' re going to wait for the fire 18 department letter anyway. CHAIRWOMAN TORTORA: We really 19 have to . That is part of the thing that we discussed before and we wanted to agree to . I 20 do apologize for the late hour . I recognize that you people have waited through several 21 hearings to be here and I apologize . Mr. DiBartolo, why don' t we let 22 some of the neighbors speak, and then we will get back and try to conclude this with the 23 letter from the fire department? MR. DIBARTOLO: That ' s fine . And 24 please let me know if I can do anything else . Thank you. 25 CHAIRWOMAN TORTORA: Someone like to speak in opposition? Yes, sir . COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878 -8047 1 150 //// 2 Chair, BOARD MEMBER HORNING: Madam ..) 3 I have to leave . (Whereupon, Board Member Horning left the hearing room. ) 4 MR. DIACHUM: My name is Ron Diachum. I lived on that property for many 5 years . Actually, when we sold it there was an agreement, repair the barns, repair the house 6 windows, whatever, and never build the house up. And all of a sudden one of my neighbors 7 goes, how do you like the motel . what? I went and took a look at it was like 8 actually looks like a motel . It 9 their I mean, if they can get awa property doing this zone business, I ' d h like to make mine, I got 17 acres, mine and my 10 mom' s, and I ' d like to build my ss too . You know, make a trailer park, summerecottages 11 something like that, cause I don' t - 12 CHAIRWOMAN TORTORA: Bed and breakfasts are permitted use in residential district . It' s not a business district . 13 not a business use . It ' s 14 MR. DIACHUM: It' s making money. CHAIRWOMAN TORTORA: As we discussed at the last hearing, ction 15 to the use of it as a bed and breakfast residential districts, in 16 the Town Board, enacted that law many, many years ago and already a legislative finding that it ' s allowable made 17 which is allowable b they' re here . y some permit . That ' s why 18 We have a number of bed and breakfasts throughout this community, but it is not a commercial use in our codes . 19 MR. DIACHUM: It ' s not making 20 money then? CHAIRWOMAN TORTORA: I didn' t 21 create the law. I didn' t write it . MR. DIACHUM: So I can make money 22 on my property too. CHAIRWOMAN TORTORO: If you would 23 like to have a bed and breakfast , apply to the Board, get a special permit, yes, you are 24 allowed to. property MR. DIACHUM: Right away, that 25 y doesn' t go through Laurel Wood . It goes to my property down North Oakwood Drive It doesn' t go to Laurel COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 • 151 • 1 2 Wood at all ' cause we tried it one time, my father tried it, and it didn' t work. Now all it 3 of a sudden it works . It goes through North Oakwood Drive and also the Main Road. There' s 4 no Laurel Wood access to that property, legally. 5 CHAIRWOMAN TORTORO: Mr. Goehringer. 6 BOARD MEMBER GOEHRINGER: Regarding that? 7 CHAIRWOMAN TORTORA: Yes . BOARD MEMBER GOEHRINGER: I think 8 the issue here is is Laurel Wood, is the second phase, is that a public road? 9 MR. DIACHUM: Now it is . BOARD MEMBER GOEHRINGER: I think 10 that' s one of the issues here, that' s still an issue that' s still unresolved. 11 MR. DIACHUM: Go through North Oakwood Drive and go to the Main Road. 12 BOARD MEMBER GOEHRINGER: I ' m just saying that that' s one of the issues that ' s 13 unresolved. MR. DIACHUM: I request, if 14 there' s a bed and breakfast there, I request a six foot fence all around my property that I 15 don' t get no neighbors roaming around my land. 16 CHAIRWOMAN TORTORA: Okay. Thank you . 17 MR. DIACHUM: My property and my mom' s property. Thank you. 18 CHAIRWOMAN TORTORA: Is there anybody else that would like to speak against 19 the application? MR. TAOIMINA: How do you do, 20 folks, my name' s Matthew Taoimina . I live at 1100 White Eagle Drive . With the 10 , 000 - - 21 what is it ten ton? Ten ton thing on the axles, when a vehicle of that size is moving, 22 that ' s going to create force . I mean, if you' re just driving slowly across the bridge 23 with ten ton axle, I can see that, if you' re moving with a fire truck with water that 24 sloshes around and creates force of its own, I don' t know if that ten ton is going to be 25 applicable in that use . So it is a danger and him saying COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 152 1 2 that well, you know, only the biggest trucks can go down, well, listen it' s going to be a 3 danger for a fireman. If they need that big truck to perform a rescue or something of 4 that nature then that bridge should support the biggest truck. 5 Other things that, if that' s all that this Board is addressing at this time, 6 there are other neighborhood concerns that we have referenced, the bed and breakfasts, that 7 there are two other accesses to the bed and breakfast, I don' t know why this gentleman 8 insists on using our access . My biggest concern is you have people coming through our 9 neighborhoods, they' re not buying into that neighborhood in any way. They have no stake 10 in it, and let' s face it, people who are coming out here to vacation, to visit the 11 wineries things like that, we don' t need people that don' t have a stake in our 12 neighborhood, driving through our neighborhood after they have been to a winery, maybe had a 13 few too many, and don' t mind driving through our neighborhood at fast speeds ' cause what 14 the heck, they' re only here for a weekend or whatever. That' s a big concern of most of the 15 neighbors, if not all of the neighbors . Other than that , if they want the 16 bed and breakfast where they are, God bless them, as long as they have safe access and 17 preferably not through our neighborhood. BOARD MEMBER GOEHRINGER: Do you 18 know if the roads through Section 2 were dedicated yet ; does the Town own them? 19 MR. TAOIMINA: I ' m not sure whether it was or -- 20 BOARD MEMBER GOEHRINGER: Does the Town maintain them now? 21 MR. TAOIMINA: They plow them, that would be true . If they do plow them, I 22 would assume they have been dedicated. CHAIRWOMAN TORTORA: Thank you 23 very much. Is there anyone else who would like to speak against this application? 24 MR. ERICKSON: I ' ll speak . CHAIRWOMAN TORTORA: Yes, sir. 25 MR. ERICKSON: My name is Christopher Erickson. I have a parcel of land COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 . 153 2 1 at 1250 White Eagle Drive . l 3 My concern is similar to Taoimina, it comes back toMr. 4 you have an access, there'good neighbors . If North Oakwood Drive if there s an access to 1///( - , why not go 5 ualtoe way and avoid the whole neighborhoodg instead of having people that have nog vested 6 interest in the neighborhood coming I don' t know how large -- this is m thrrugh. 7 meeting I don' t know how lar Y first bed and breakfast is . ge the proposed lookingHow many rooms he' s 8 for; do you have that available? CHAIRWOMAN TORTORA: 9 three bedroom bed and breakfast . It ' S a bedrooms . Three 10 MR. ERICKSON: dwelling are we lookingHow big a 11 CHAIRWOMAN at here? existin TORTORA: It ' s in the g house . The code allows , 12 by anybed and breakfasts, so the ap to five the maximum Y re not Proposing smaller bed means . They' re proposing a 13 and breakfast . ML—) that been brought htRICKSON: Thank 14 You . Has ood access; g up about a No can you avoid the whole rLaurel th wWood 15 and White Eagle Drive, one wa I mean this way it ' s a y in and one way out? 16 the first We heaCHAIRWOMAN TORTORA: That was discussed at ea have . believering, I 17 , and there was a number of with that because of the distance problemstheo 18 there were a lot, that was consideredtobe ;a lot longer. I guess the real issue is that 19 the access that the public roads, they're proposing, they' re comfortable and as much as you may not feel 20 having that traffic bed and breakfasts going through yourthe three 21 they' re permitted to do g road, public road andso because it is a 22 -- MR. ERICKSON: Okay. CHAIRWOMAN TORTORA: can' t You really 23 say, okay, we ' re going to discriminate against these people and not 24 re have access to the same road thatallw them to They' re public roads they' re You have . 25 roads . Y not private MR. ERICKSON: Okay. And the main concern obviously is the fire Anyone COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 154 1 2 that' s been to any kind of fire scene knows that if they roll equipment, and if they need 3 equipment you can' t get it in there, limited space . They might have that fire vehicle park 4 some axles on that bridge . I ' ve been to scenes where you park, you have limited space , 5 small area, and if the ladder vehicle has to get in there, it could be from Southold Town, 6 mutual aid come from somewhere else, and if you need that equipment that can' t get in 7 there, CHAIRWOMAN TORTORA: We' re going 8 to wait and hear from the fire department . This access was chosen because it is the most 9 direct access . If there is any problems whatsoever about inaccess, the Board will look 10 at other alternatives because our charge in this instance is to insure that the public 11 health, safety and welfare of the community, we will do that . 12 MR. ERICKSON: Thank you for your time . 13 CHAIRWOMAN TORTORA: Thank you. Mr. DiBartolo, I have a suggestion. We' re 14 going to write the letter to the Board, to the fire district to get their input . In fairness 15 to you, you will want some type of opportunity to respond; do you want to leave this open to 16 written comments for 'another 30 days ; is that a fair thing for everyone in the audience? 17 And, of course, you' re all welcome to come review the file and to go through any new 18 submissions ; is that fair? MR. DIBARTOLO: What we would like 19 because the fire department has not responded, your own volition, simply extend the time to 20 send the information. CHAIRWOMAN TORTORA: We are . We' re 21 going to send the letter. We' re allowing you another 30 days, however, to comment on 22 whatever they say, and as is customary to allow anyone in the audience to submit any 23 written comments if they would like to do so; is that fair? 24 MR. DIBARTOLO: That ' s fine . MS . KOWALSKI : Can we do 30 days? 25 CHAIRWOMAN TORTORA: We can' t do 30 days because we land on a weekend COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 155 1 2 MR. DIBARTOLO: There is a another ..---) comment I would like to add if I may. 3 CHAIRWOMAN TORTORA: I ' m sorry? MR. DIBARTOLO : There is another 4 comment I would like to add, if I may, in response to other comments that were recently 5 made . The question about the Laurel Wood access has been said; we went through the 6 permit application process when the bridge was built . There is no question about access, 7 that is, in fact, a public road, dedicated road. It borders right on the property and it 8 is the only full-size road available . The discussion related to the 9 North Oakwood, that the Board members are not familiar with. It' s a one lane road. It' s a 10 private street basically, private street that belongs to the members . It' s a one lane road 11 that goes all the way down to Laurel Wood, and if the fire trucks can' t get in through the 12 driveway that exists now, believe me, they will never be able to get in from the other 13 end. Because at the other end it borders right along the wetlands and there just ;- --) 14 wouldn' t be sufficient room. Besides it was mentioned at the 15 last meeting, I think we had one of the witnesses from the area, Mrs . Novak, which is 16 right on my corner that probably had complained vehemently about the trucks or cars 17 passing by. In this particular situation any vehicle will pass right behind her property to 18 get into North Oakwood, even though we believe we do have access going back with an old map 19 that existed in the Town of Southold. I have nothing further. Thank you 20 very much. CHAIRWOMAN TORTORA: Thank you. 21 I ' m going to make a motion - - I ' m sorry. MS . SCHANTZ : My name is Jane 22 Schantz . I live on Condor Court . I don' t understand or maybe I ' m just ignorant of the 23 fact whether or not if this is a special permit, is there discretionary by the Board to 24 approve or disapprove this because of the feelings in the neighborhood, or is it 25 automatically approved as long as they meet all the requirements? COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 156 • 1 2 CHAIRWOMAN TORTORA: Special Exception is a use which is permitted by law 47--) 3 providing the applicant meets all the conditions in the code; that' s what a special 4 permit is . So to answer your question, if he meets all the conditions in the code, he gets 5 a permit . I don' t have a copy of the code 6 here, but there are a number of conditions we are concerned with, and one of the main 7 concerns that we have specified in the code is fire access . That' s one of the reasons -- 8 BOARD MEMBER GOEHRINGER: Fire and emergency. 9 CHAIRWOMAN TORTORA: Fire and emergency vehicles that' s one of the reasons 10 why we are looking at that very carefully. MS . SCHANTZ : So basically the 50 11 or 70 families that are going to be part of their access, don' t get a voice in whether 12 they approve this or not? CHAIRWOMAN TORTORA: No . We have 13 listened very carefully to all of your concerns . This is a statement we don' t ever 14 want a bed and breakfast in our neighborhood, is that justification enough for us to turn it 15 down? No, it isn' t . MS . SCHANTZ : My understanding in 16 speaking to someone with legal knowledge was that a B and B, the intent of the code and the 17 law was not to put it in a private residential area . It was more of the intent to put it in 18 the main street in a big old home to revitalize the area, bring people in that will 19 walk to the stores and the restaurants . CHAIRWOMAN TORTORA: That ' s not 20 what our town code says . I don' t know who you spoke to, but believe me when I say that the 21 town codes , bed and breakfasts are permitted in R40, R80 , R200, they' re permitted in 22 virtually - - I ' m trying to think of any districts they' re not permitted in, which 23 might be a marine district, but there' s nothing in the town code which says they 24 should only be in hamlet areas or shore front areas . Maybe if there is something that you 25 feel that the town code should be changed, but I think you' ve been given misinformation. COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 157 • 1 2 I 'm trying to be as straight as I can with you so you' re not under any -- (—) 3 MS . SCHANTZ : This is why I ' m asking. I 'm quite actually ignorant . 4 CHAIRWOMAN TORTORA: Most of us were . Don' t feel bad. 5 MS . SCHANTZ : I ' ve never been a part of this before . 6 CHAIRWOMAN TORTORA: That' s okay, you' re not expected to. 7 MS . SCHANTZ : And I certainly don' t, Mrs . DiBartolo said to me one time it ' s 8 been her long held dream to have a B and B, and I certainly wouldn' t want to get in the 9 way of that . My long held dream was to move to a dead end where there' s only four houses 10 on the road, and I don' t have to worry about traffic for my children, and that' s why we 11 picked that lot . And they feel that it ' s only going to be three cars a day, but they only 12 serve breakfast, so they will be going in and out, for the beach or wineries or whatever, 13 and that is a concern to a neighborhood, which is filled with children. ',. 14 But I also don' t want to beat my head against a brick wall . If voicing my 15 opinions, and the opinions -- unfortunately a lot of our neighbors could not even come 16 because of the work. CHAIRWOMAN TORTORA: The Board has 17 taken all of your concerns into consideration, please don' t think otherwise . 18 MS . SCHANTZ : Okay. One more thing. I know a B and B is not considered a 19 business use, but with this property will there be able to ever have another country inn 20 built there? CHAIRWOMAN TORTORA: There are no 21 country inn permits in our code . It' s not a permitted use in our code . So the answer to 22 that question is no, not at this time . MS . SCHANTZ : Thank you. 23 CHAIRWOMAN TORTORA: Thank you very much. 24 I ' m going to make a motion to close the hearing reserving a decision and to 25 leave -- or rather to close the hearing to verbatim testimony, and to leave it open for COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 158 c\ 1 2 written comments until September 18th, at which time we will close the hearing. r ) 3 BOARD MEMBER ORLANDO : Second. CHAIRWOMAN TORTORA: All in favor. 4 (Whereupon, all Board Members responded in favor. ) 5 CHAIRWOMAN TORTORA: Thank you very much. 6 (Time ended: 4 : 30 p.m. ) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Page 49 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 2:00 p.m. Nicolo and Caroline DiBartolo #5254—Request for a Special Exception under Section 100-31B, to establish Accessory Bed and Breakfast Use for lodging and serving of breakfast to transient guests, in conjunction with the owner's residence at 475 Condor Court (extends off the east side of North Oakwood Rd), Laurel; Parcel 1000-127-3-6.2. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? CAROLINE DIBARTOLO: I'm Caroline. My husband and I are here. We have no one representing us. CHAIRWOMAN: Can you tell us a little about your proposed B&B? MS. DIBARTOLO: Yes, you have the site plan there. It's an acre of property in Laurel with a house and a surrounding 17 acres. We are asking to enter through Condor Ct. It's an area, Laurelwood area and we are proposing to rent 3 rooms. Basically weekends, it will be open all year round but we expect to have mostly weekend guests. Just a regular B&B. CHAIRWOMAN: I have a copy of the floor plan and maps in your file. The rooms are going to be on the 2nd floor. As far as the rooms, are you planning to put chain ladders for fire escapes? MS. DIBARTOLO: That's a requirement I understand yes. I have decks also and access to decks in each room. CHAIRWOMAN: Mr. Horning. MEMBER HORNING: You have adequate parking? MS. DIBARTOLO: Yes I have 2 areas designated for parking in the front and in the back. I believe there's 9 spaces there. MEMBER HORNING: They are not in the original survey? MS. DIBARTOLO: The original survey was drawn before we decided to do the B&B so I marked it. MEMBER HORNING: So that's basically where you are proposing your parking to be. MEMBER GOEHRINGER: I suppose I was the first to come down during the winter. I did meet your husband one day. I actually drove through. I have been the one who has been charged with the access aspect of this particular project as I had with the access with these projects all the way through, not necessarily this one, but any 280A situation. The Page 49 of 73 Page 50 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing one thing that was not done, nor am I speaking for but I am a member of and have been for 35 years and that is the MFD. It's doubtful that the MFD will be able transverse this •bridge you've constructed which I of course had no trouble driving over in the car. But the trucks today are so large in weight and magnitude that I doubt seriously that would occur which would only leave us to the point of getting access to your property over the main road access. I don't know if that access is adequate enough to support a fire vehicle. I am talking about from the tracks to your house. MS. DIBARTOLO: Did you travel from the tracks to my house? MEMBER GOEHRINGER: Yes I have. The problem is as you know that several times a year with either snow removal or the freezing and thawing of the ground and what we experienced this winter with significant thaw in the month of March there are questions that I don't want to evaluate. I think we should send a letter to the MFD and ask them if they construe it to be adequate access to the property. MR. DIBARTOLO: There is one comment I'd like to make. When that bridge was built and we got the request, of course we had to go through the DEC, we had to go through the Town Board here. One of the comments was made regarding the fire department trucks and the fact that Ray Nine who is someone most of you probably know helped build that bridge and he's in the MFD. He said listen when we have a fire problem, the fire trucks always take the shortest cut which makes sense. We have the Half Hollow next door which has access through it 3 different passages. I would think technically we don't have_any legal rights to having the fire truck come across there I think for standpoint this is what happens. So I think this should be considered because if there is an emergency that's where the fire trucks are going to go. They are going to take the easiest way to the particular location. MEMBER GOEHRINGER: The question I have is you have ROW over that ROW though- MR. DIBARTOLO: Yes we do have ROW,but it's a limited ROW. It's for personal use. It's a unguarded railroad crossing and it's not supposed to be used for commercial purposes and technically there's a supreme court order on it. It's a limited order, it's not a perpetuity and therefore it can't be considered for permanent basis. MEMBER GOEHRINGER: No one is going to stop us from going to a fire that way, but the point or question today is you're asking for access to the property through the other subdivision and that is I'm sure the nature of the reason all these people have shown up today. I'm just saying to you that I think the board should regardless of your application on Condor Ct. that we should discuss it with the chief or send a letter to him and ask him if that access through either your ROW or the Half Hollow Hills situation leading down to it assuming there's a problem getting through your ROW was construed by him as adequate access to your property and then you would have dual access conceivably. Page 50 of 73 Page 51 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER ORLANDO: I have a location question. You have a 1-acre lot surrounded by this 17 acres. Who owns the 17 acres? MS. DIBARTOLO: We do. MEMBER ORLANDO: So it's mainly wetlands and that's why- MS. DIBARTOLO: There are some areas that are hilly and wooded. MEMBER ORLANDO: But you own all that. So you enter from Condor onto your property to get through your other lot. Have you ever managed a B&B before? MS. DIBARTOLO: No. Only in my dreams for 20 years. I have friends who have them. MEMBER ORLANDO: You don't have a problem with strangers coming into your house to live and stay there. MS. DIBARTOLO: I don't have a problem with it because of the way it's screened. You don't just have people driving up to your door and asking to rent. It's done in a way that I • feel very safe. People who ask to stay in your home are people who are used to frequenting B&B's and they know what it's all about. We are dealing with people who mostly will be booking through the internet referrals from the north fork B&B association and we are probably not going to list ourselves through a telephone book, so it's going to be a very screened type of booking situation. Word of mouth probably from people who have stayed with us and like I said overflow from the other B&B's. MR. DIBARTOLO: The property that we applied for sits on 1-acre. That 1-acre sits in the middle of 17 acres that's our property also. That indicates that the house itself that will be used as a B&B is at least 600, 700' from any other house in the particular neighborhood so it's well hidden it's not disturbing anyone and there's plenty of room which means all parking will be obviously away from any particular residential area and the area that the house is on is agriculturally zoned. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? THOMAS NOVAK: My name is Thomas Novak, and I'm a neighbor of the DiBartolo's my house is just south of their property and mostly I'm going to speak about opposition and mostly it has nothing to do with the B&B itself. It has everything to do with access to the B&B. I have my own family and property concerns and also I share a common community concern with my neighbors and I'm going to speak a little bit about each. I'm going to present for the board a petition that show's the community's opposition and the reasons why and I'll read it to you. As residents of the development know as Goldenview Estates in Laurel Town of Southold we have signed this petition in order to document our Page 51 of 73 Page 52 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing opposition to the proposed use of an access road located at the end of Condor Court as an entry to a B&B hotel to be operated by Nicolo and Caroline S. DiBartolo on the DiBartolo's property adjacent to our community. This application is now being reviewed and decided upon by the Town of Southold Board of Appeals. The reason for our opposition is the DiBartolo's plan to use Laurelwood Drive, Woodside Lahe, White Eagle Drive and Condor Court the only access roads to our homes in our community to gain entry to the business. This business use would create a steady flow of vehicles by B&B guests, deliveries, hired help, etc. throughout our community and increased traffic and pose safety issues for many of the children who reside here. These vehicles will compromise the privacy of the residents who purchased or built their homes in Goldenview Estates without the anticipation that a business would ever be built using these roads to gain access to it. For many homeowners, the fact that this is a dead end community was a major consideration when they bought their property pedestrians from business will also compromise our privacy and we'feel these issues could have a negative effect on our property values. We are not opposed to the DiBartolo's attempt to operate a B&B on their property if the access road leading to the business from Condor Ct. in our community is closed permanently. I just want to give you this here then I'll continue. We have 80% of the 30 homes in our community sign that 5 of the others we couldn't contact and 1 had no- CHAIRWOMAN: Let me understand something. You are not opposed to the DiBartolo's B&B what you are opposed to is the method of access they are proposing? MR. NOVAK: That's correct. When they bought their property there was no access obviously through our community because our community was just built and they were coming from the Main Road the previous owners came from the Main Road through the more difficult path ROW. I understand you had a ZBA hearing here in 1995 in which they claimed hardship and nobody really objected to it, but then again there was only about 10% of the 30 homes actually built and people living in them at the time so if you just let me continue you'll probably get a better idea of what I'm talking about. I sent this letter to the board do you all have a copy of it? My name is Thomas Novak and wife Maureen and our 2 children reside at 655 Eagle Nest Court in Laurel town of Southold we are long time residents of Southold having moved to Laurel in 1999 after residing in New Suffolk for many years. We spent our life savings on this home and we like it the way it is. We are writing in regard to the application submitted to your office by our neighbors Nicolo and Caroline S. DiBartolo requesting permission to operate a B&B business from their newly expanded home bordering our property on the north. After receiving information about this proposal by chance and I was never approached by the DiBartolos with their intentions either through the mail, phone or in person to this day by chance by one of our neighbors and subsequently we verified it with your office my wife and I would like to convey our strong opposition to this opposition. Our strongest opposition being the use of the entry they plan on using for their business it is the access for Condor Ct. and it is a narrow dirt road that lies only a few feet from the edge of our property due to the setback requirements,placement of our well and the fact that our shy acre borders Brushes Creek on the east requiring strict adherence to the town DEC • Page 52 of 73 Page 53 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing regulations regarding clearing and preservation limits we have almost no buffer inbetween our property and this dirt'road most of it because we don't have much of a back yard most of our yard was preserved and left wooded and of course we have a 60' setback leading to that. From this road are clear views from our backyard deck home and we dine outside on our deck relax, kick back, entertain friends and family and swim in our•above ground pool. Our privacy will be completely compromised by the flow of hotel customers vehicles pedestrians deliveries and hired help that will potentially utilize this entrance to the business. When we bought and developed this property in 1999 this road had pre-existed since the DiBartolo's had received a variance for it in 1995 as told to us by our neighbors in Golden View Estates who had been first to develop the property in this subdivision created in 1986 the DiBartolo's applied for the variance to build the road originating from Condor Court a culdesac within our subdivision at the variance meeting the DiBartolo's expressed difficulties they experienced traveling to and from their home using the existing ROW that begins from the Main Road consisting of a very long unimproved dirt road that crosses through agricultural land and over ungated RR tracks the DiBartolo's appealed to a few of these first Golden View Estate residents present and at the variance hearing to not oppose to their variance for the road and the GVE residents agreed not to only after the DiBartolo's verbally agreed to limit the use of this road to residential use only at the time of that variance hearing and at the subsequent decision made by the board to approve it the residents that had yet to purchase and develop their already subdivided lots approved by the town were not there and therefore the most affected by this decision were not able to give their opposition. They didn't have an opportunity to voice their disapproval. We and the lot owners on Condor Court are examples of these lots. These lots were developed a few years later. Another strong opposition we have to this proposition is the fact that our well from which we receive our drinking water is approximately less than 40' from the existing dirt road the road we are talking about leading to what is now just a family residence. The increased traffic to and from this business increases the possibility of contamination of our water due to possible fluid leakage from vehicles which people are starting to realize that unleaded fuel permanently pollutes wells this is a recent discovery in the past 5 or 6 years. The proposition also has potential to impact wetlands that border Brushes Creek this hotel is very close to the creek and numerous cars parked there by the creek at a multidwelling site such as this will ultimately leak fluids that will seep into the ground contaminating the delicate wetlands and creek. We oppose the potential use of Laurelwood Drive ext., White Eagle Drive, Condor Ct, the roads leading to our homes for the use of this proposed business for deliveries, guests and I go on to speak about the communities concerns. Only the DiBartolos would benefit from the boards approval from this proposal many residents in our community will be effected negatively. CHAIRWOMAN: We need to correct a few things. The ZBA did not approve any access through Condor Court nor would it have any reason to. It's not something that would come up before us. This is the PB action that created your lots. The roads that were created through Condor Ct. are created through PB actions. This application that you're speaking about was never before this board. Page 53 of 73 Page 54 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Heanng MR. NOVAK: I'm talking about the application from the DiBartolo's for the dirt road that they plan on accessing their business. I'm not talking about the roads in our community. CHAIRWOMAN: You just said that we had given the DiBartolo's access through Condor Court. MR. NOVAK: Yes they had to come to the ZBA for a variance for the road. CHAIRWOMAN: It could have been the Trustees. Maybe it's under a different name, we're missing terminology or there's some confusion but if you have any record of it we'd like to see it. When I read you letter I specifically asked the board clerk to research the files for anything that resembled anything because I've been on this board since 1995 and I don't recall it and I asked the Member Goehringer who's been here since 1980. MR. NOVAK: So whatever agency, somebody had to approve a road connecting to a town road, correct? CHAIRWOMAN: Somebody did approve it apparently but it wasn't us. The only thing I really feel that this board doesn't have authority to tell anyone that they cannot use a town road. If your property if you can get to your property through 5 or 6 different ways there is no legal way that this board could restrict your access to the property through a cross town road so such a request is not possible. It's not even legal. For example I can get to my property through about 4 different roads. MR. NOVAK: I'm going to get off now and let somebody else speak who was actually at the hearing. There was some confusion as to who was running the hearing I obviously wasn't there. MEMBER HORNING: Sir could you mark on here where you live? CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? CATHY OBRIEN: My name is Cathy Obrien and I live in the same neighborhood as Mr. Novak. I'm a little confused because I was in this room and it was set up just like this it was in the evening and the matter that was discussed was access to Condor Ct. for this residence that we are speaking of. I specifically got up and spoke about my concern about opening up our neighborhood to Main Rd. because as far as I was concerned I had no access to main road and I wanted to keep it that way. My concern was that this property would become commercial and now bring all that commercial traffic through our culdesacs. I was assured that the reason for this petition whatever board it was that we were before was because of concern there was an elderly woman in this residence and Mr. DiBartolo explained that he was concerned about emergency vehicles having access to that property now I'm very confused because this gentleman was speaking about the Page 54 of 73 Page 55 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing ' fire trucks not having access over that when that was one of the reasons that was brought up I need the fire engines I need the ambulance to get to this elderly woman should she become ill and Mr. DiBartolo obviously was at that meeting, myself, Mrs. Fedun and at this point a woman who has moved from the area. So Mr. DiBartolo probably could tell us what meeting that was specifically but I do know I was in this room and it was about that petition and like I said my concern is that the neighborhood be opened up to commercial traffic. CHAIRWOMAN: Can you assist us and enlighten us about this hearing. MR. DIBARTOLO: At the time we had only access through a temporary easement so we wanted to go through Condor Court by the way to all the board members here I brought an aerial picture here to give you a better idea of what the area looks like, but basically we had a dirt driveway which went up across the RR. Condor Court was not a public road at the time we bought the property when Condor Ct. became a pubic road owned by the town of Southold our property the 17 acres that surround 1 acre borders right on that road. As you pointed out a few moments ago, it's:a public road we all pay taxes we all have a right to access and so I applied for a permit for a driveway. The lady that mentioned at the time the application took place is nearly 10 years ago I happen to have my mother living there who is very sick, she's in a nursing home in Maryland but that was mentioned only as an additional support for having a permit applied this was by the way the board of trustees were involved because it was going across that answers that question. CHAIRWOMAN: We were sitting here thinking we were all in the Twilight Zone. So the application- MR. DIBARTOLO: It was because the bridge had to be built over the wetlands. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? ROBERT NAB: Good afternoon my name is Robert Nab, I'm a resident of Edgemer Park and I appear individually and as an attorney for the EP community association to the extent that this request would require a variance from the zoning regulations of the town of Southold we would be opposed to it but I would like to reserve my right to submit written comments on behalf of the association prior to your decision. CHAIRWOMAN: Just for the record this is a permit for a special exception permit. There is no violation in terms of NYS town law this is original jurisdiction granted by the town board by special permit which as you know if you are an attorney,is presumed to be an acceptable use. MR. NAB: I would like the right to reserve written comments. Page 55 of 73 • Page 56 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Certainly. Is there anyone else in the audience who would like to speak for or against the application? AMY MILAVI: My name is Amy Milavi I reside in Laurel on 245 White Eagle Drive maybe you can enlighten me because I'm a little ignorant in some of the issues of variance and such. Since this B&B is going to be used for commercial use I don't understand how they can access that through I know it's a public road, but this is a community, it's not on the Main Road. I do have concerns I have 2 small children there's many, many children in the neighborhood. I also work under the Dept. of Health in corrections and since I've been there I've learned there's a lot you cannot trust about people I am a nurse, I'm a very trusting person but I have learned a lot and I do not wish to have people coming through my neighborhood that are not invited. I trust my neighbors, I love my neighbors and we have a very good community. This is nothing against the B&B. What I do have concerns about is I do not want people accessing through that so if this is a commercial business and if the DiBartolo's can access through the main road and it seems as if they have enough invested in their idea why not let them improve on their land so they have better access through the main road an I think that is all the community is asking for. We have no problems with them. I personally do not and I just want to keep my neighborhood safe, closed, personal and just invited guests of my neighbors and of course I know we have public people coming through making their own deliveries but these are intended for personal reasons. Like I said again they have enough invested in this and it seems like they have been going through all of this and now coming around the back to try to get this access I'd hate to see it try to go through when they have enough invested where they could probably improve on their property and go through the other side. Unfortunately their mother is not with them at this time and they are in a nursing home then the point of an emergency access is mute for that purpose. CHAIRWOMAN: There's only one thing and I know since the letters were sent out and there has been discussion that this board approved access that there is confusion. This board has no legal authority to deny them access through Condor Ct. It's a town road. MS. MILAVI: I understand it's a town road,but if it's a commercial business? CHAIRWOMAN: What this is called a special exception permit and it's a permitted by special exception by the ZBA so it is the criteria for is actually far less stringent than if it were a variance and they are not here before us for approval for access that's not even on the plate. They have access we would have no authority to say to them no you can't use Condor Ct. and as far as the commercial use in all honestly over the years yes we have heard many people who in different instances didn't feel that a B&B was appropriate in their neighborhood and many of them share a lot of concerns that I've heard today particularly your sentiments. This was a legislative founding by the town board. The town board found that B&B's should be allowed in residential districts by special permit. Page 56 of 73 Page 57 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. MILAVI: What does it take to prove that this should not be brought about? What is not going to allow this to occur? What needs to be proven or shown? CHAIRWOMAN: As I say your largest concern is the access and that's the very area that we cannot restrict. We cannot say to these people you cannot dnve over Condor Ct. We have no legal authority to do that it's a town road. They are not proposing a 10 bedroom B&B. They are proposing a 3 bedroom B&B. MS. MILAVI: How many bedrooms are in the house? CHAIRWOMAN: I could look at plans. MS. DIBARTOLO: We have 5 - 4 bedrooms and 1 unfinished room which But at the present time we have 4 bedrooms. CHAIRWOMAN: There's only so much we can do. MS. MILAVI: We wouldn't want a deli there. CHAIRWOMAN: A deli's not permitted in this district. It's not permitted at all. MS. MILAVI: That's not my point, it's commercial so if they are having commercial people coming through for commercial purposes. The issue at hand is access and you're saying it's a public road therefore anybody can use the road you just want to know if it's safe for use. CHAIRWOMAN: We are concerned with what Mr. Goehringer said but essentially the fire trucks have access to this could get access to it and we will certainly take into consideration any other concerns in that area because Mr. Goehringer is a long time fireman and has a lot of expertise in that area. MS. MILAVI: Is there another board we could speak to that would support our concerns? Trustees since it's changed from residential to commercial. -MEMBER GOEHRINGER: Don't say that it's a special permit. If for some strange reason the DiBartolo's decided to sell their property and renewal of this SE occurred with someone else and they tried to turn it into "a hotel" this board would rescind the permit. CHAIRWOMAN: This is not a change of zone, this is permitted B&B's are permitted in residential districts in our code by a special permit. It's not business zoned. MS. MILAVI: Can we oppose the special permit? Page 57 of 73 Page 58 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Of course you can. • MS. MILAVI: That's what we.are doing. SHARON VALID: My name is Sharon Valid and I live on Condor Ct. and I moved out of the Hamptons where I had cottages next door to me into this development because I thought I was safe I feel like I've been blindsighted now I'm going to have the same situation that I had when I moved out of the Hamptons I chose an area that I thought was going to be perfect for my children and I'm willing to pay the additional taxes that I paying more than when I lived on the south side and I feel this is totally unfair. I oppose.' CHARLES SILECK: I'm here solely to oppose this as well. I live at 650 Eagle Nest Ct. I purchased land back there I paid a premium for the land on account that it is a closed area we do not have free entry into the area in other words people coming and going I know 99% of the people who live in the area I feel comfortable with them. I do not want my little son who doesn't listen very well miming up and down the street one of my houses is on a culdesac and having extra vehicles increase traffic in the area I nothing personal about a B&B they are wonderful I've stayed at them and inns up in VT while skiing they have their place they do not have a place in the area which we live. CARL CREST: 920 Eagle Drive I am opposed. My fist question is when your mother was sick and you proposed the bridge to cross at what date was that bridge proposed? CHAIRWOMAN: We don't have those records because it wasn't before us. - MR. CREST: 10 years? DEIRDRE FEDUN: At least 10 years. MR. CREST: 10-15 years ago they got permission for the bridge 7-10 years and I heard Mrs. DiBartolo say this has been a 20 year dream of hers so obviously long before the mother got sick it was in her sights that she wanted to propose a B&B down the road somewhere down the road she wanted a B&B perfect excuse to get that bridge in and get traffic in there. Nothing against the DiBartolo's but I live right on the corner of Eagle Drive I have 2 young sons a lot of young children in the community a lot of families that are just having children in the community. I am totally opposed to this I mean we all had a dream moving in there that we were moving into a private community with dead end streets with no traffic the DiBartolos going in and out of there with their kids and their cars I really don't have a problem the traffic we've incurred since the building started there I have a major problem with and it's not going to stop there. The traffic with the B&B I have worked on the south fork for 30 years it's just going to get worse and worse they are saying they are going to advertise on the internet guess what not only the people that come to stay there are going to visit Condor Ct. but all the people on the website that see Condor Ct. let's go check this out this weekend we're going to be on the north fork let's go see where Condor Ct. is I even have a problem with them using 474 Condor Ct. Page 58 of 73 Page 59 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing as their address they are not part of our subdivision they cut a private road into the town road Condor Ct. which you are saying is legal and I can live with that where do they get off using 475 condor ct. put on a website and advertising to people all over Manhattan the tri-state area I don't agree and I'm totally opposed along with the neighbors and it's nothing against the DiBartolo family. If they want to access across the RR tracks I don't . .:. think we'd all be standing in front of you with the oppositions we have. I think if they'd reconsider maybe I'd be a totally different thing and I'm sure the community would be very happy to let them go about their business but the way they are going about their business not notifying anybody in the community backdooring people that's not the way to do business here. ELANOR DIACHUN: I'm Elanor Diachun from Peconic Bay Blvd. and my property adjacents Mr. DiBartolos in fact we sold them that property and when we sold that property, we went from the Main Road to the house. My mother-in-law lived there for over 85 years I've been there 35 years I went over that RR tracks so many times if it's not guarded you stop and look. Nothing happened to me and another thing is my mother-in- law, the ambulance was there a couple of times no problem because that was like a pnvate road nobody else was going to go down it and another thing is we never got notified my son owns the last lot adjacent to his he was never notified I had to have people call me and it was only in the Traveler not the Suffolk Times people buy ST not the TW. CHAIRWOMAN: Going to have to take that one up with the Town Board. MS. DIACHUN: I'm just saying we should have been notified. BOARD SECRETARY KOWALSKI: You're not adjoining. MS. DIACHUN: Yes we are. My mother-in-laws property began where ours ends on PBB. It's not adjacent to the lot in question. MS. DIACHUN: Well what's inbetween it? SCOTT MCKILLUP: I have something short and sweet. I understand this process and I agree with the neighbors that are here and I am opposed to the special permit that is-being sought. That's my opinion. I do not want a B&B. MS. DIACHUN: I just want to tell you one thing when we sold them the property they could not have 2 entrances. If they decided they didn't want to go to the blvd another entrance was supposed to be closed. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Page 59 of 73 Page 60 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing JANE SCHANTZ: I also live on Condor Ct. with my family I think people here are trying to say we weren't told we are going behind everyone's back and that's really not the way to do something. We certainly don't want to interfere with their long time dream of having a B&B but they have also not going to exploit our neighborhood to do that and it seems to me that when appropriate we could have a fire lane through the nursery or we could have a fire lane through Condor Ct. or we could have a fire land somewhere else. We don't want to interfere with you having a B&B and I think everyone has said that. The only thing bothenng us is Condor Ct. and the safety of our neighborhood and the serenity. We paid a premium to come to that neighborhood and have a quiet safe neighborhood. Maybe on your other 17 acres you are going to build motels I don't know. I don't know if you're going to sell it in 6 months to someone else. I think maybe if the folks in the neighborhood could compromise is that okay we'll work it out through the nursery or Rt. 25 for access nobody would have approached your B&B but I think most of us oppose a B&B or special permit because we don't want it in our neighborhood. CHAIRWOMAN: Mrs. DiBartolo I'm going to ask you a question. Is there any way that you and your husband to see clear to develop a compromise with the community and work with the community on this? MRS. DIBARTOLO: First of all I don't think we have a choice because I don't think our ROW is legal for any use other than our own use. We can have guests come through it and there's one thing I want to say it keeps being referred as a private road it is not a private road it is my driveway that I access from the culdesac. I'm not classified as Golden View Estates but my property adjoins that culdesac it's my driveway just because it happens to be 1/8 of a mile long driveway I don't think that classifies it as a private road, it's my driveway it's right there my property ends right at it. I didn't have to get special permission to come through there and make it a road and you know I belong to the neighborhood and they said I didn't notice them. I sent the neighbors a personal letter and invited them to my house. Some of them came I wasn't required to do that by the town rules I sent out the notices return receipt requested to the people who I was required to. When they read it in the paper I got a little note in my mailbox saying we don't want our neighborhood commercialized we want our children to be able to play in the street safe now each person here owns an acre of property they have plenty of room for their children to play and they play in my culdesac in front of my driveway and I allow them to and I did- CHAIRWOMAN: What I'm hearing is there will be no compromise. MRS. DIBARTOLO: They don't want the traffic for their children- CHAIRWOMAN: The attorney asked for an opportunity to address the points of law regarding a special permit and of course the board is going to grant him that. Page 60 of 73 • Page 61 April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. DIBARTOLO: We don't have legal access over that road so there is no choice there is only one access. CHAIRWOMAN: I don't think there's a choice. There's limited access by the court order, right Jerry? There is limited access not because of this board it's because of a Supreme court ruling. Up to 5 bedrooms. MEMBER GOEHRINGER: Please remember this is not commercial if it doesn't work out we'll pull the permit. We'll have another hearing and we'll pull the permit we've done it before so don't ever consider it to be. In 1995 there was no indication that this was anything other than a personal residence and now all of a sudden it's becoming a B&B. MEMBER GOEHRINGER: Their property is contiguous to Condor Ct. there was no access granted because they own the property contiguous to it. If they didn't own that and it was a ROW to the bridge yes access would have had to be granted. MR. DIBARTOLO: We'll address anything that the fire department requires if anything is required secondly what we're asking is consistent with what the town has done with other B&B's on residential streets we're not asking for anything different than has been done previously. CHAIRWOMAN: Sir? Was that property always adjacent to the culdesac at Condor Ct. or has there any land transaction since the property was originally surveyed and since that access bridge was put in? I don't know if you can answer that. CHAIRWOMAN: I don't know. BOB GAMMON: My name is Bob Gammon and unlike my neighbors I don't live on Condor Ct. I live at 70 Woodside Lane in Laurel which is the development just before theirs. I have 2 questions for the board. One if you have not the authority which you have just said you have special facture or special permit that will allow them to do this. What are we all here for? CHAIRWOMAN: You have a right to comment on the SE permit. However that does not include the question as to whether or not they are allowed to have access over Condor Ct. MR. GAMMON: and I have known each other for quite some time MEMBER GOEHRINGER: That was a long time Bob. Page 61 of 73 • Page 62 April 17,2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. GAMMON: Gerry eluded to the fact that this is a special use permit and you as a board have the right to pull the permit at any time. CHAIRWOMAN: If you have grounds. MR. GAMMON: What constitutes grounds? That's the first question and how often is this looked into to see there's no violations of whatever is permissible? CHAIRWOMAN: For example do you remember Ocean City? MR. GAMMON: Yes. CHAIRWOMAN: That was a special use permit just like this is we had conditions on it hours of operation, parking, number of people everything they didn't comply with it, we held a public hearing we pulled their permit it was as simple as that. MR. GAMMON: Also does this B&B go under the ordinance of the Health Department? CHAIRWOMAN: Not under 5. MR. GAMMON: I'd like to know why not. I'm an apple farmer on Manor Lane. Before I could sell my pies and process foods I had to get a special permit from the agricultural and HD so I complied with all the sanitary regulations. Now they are going to run a B&B, you mean there's not going to be any supervision in there for the kitchen facility because they are going to supply the people food. CHAIRWOMAN: The only food they are supposed to be supplying is breakfast. • MR. GAMMON: All I have to do is provide 1 candy apple or 1 pie and I have to pay $200 a year for that permit. Now they are supplying food to the public like everybody else. CHAIRWOMAN: I understand what you are saying I just don't have your answer it's governed by the SC Board of Health. MR. GAMMON: I'm going to have the town look into that and the reason I'm suggesting that is because in fact that the town could be held liable issuing this permit. Without a health permit to go along with the special permit. If you understand everybody's so sue conscious now so I'm just suggesting you look into that facet of it. CHAIRWOMAN: Board members would you like to adjourn or close this? MEMBER GOEHRINGER: I think it should be closed I think the gentleman from Edgemere Park said he would like to add some further information regarding it. EP is not Page 62 of 73 Page 63 • April 17, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing contiguous nor adjacent to any of this property but we are certainly welcome to it as long as he gives it to us in the next 2 weeks. CARL CREST: If there was Another entranceway obviously the entrance through Condor Ct. is going to be a problem. I want to put it on record that I am completely opposed to - the B&B. DIEDRE FEDUN: My name is Diedre Fedun. When I bought our property and one of the pieces we looked at was wetlands which you can't build on wetlands. I feel like I'm being blindsighted that this driveway or what have you. So to not have further traffic which MEMBER GOEHRINGER: 5 bedrooms. CHAIRWOMAN: What is before us is for 3. They cannot change or amend that without coming back here. What I would like the audience would like we will close the hearing but leave it open for written comments for 30 days. Does that seem fair to everyone? Just address it to the ZBA and that way if you have extra points or thoughts that you didn't think of today it will give you plenty of time to do it. I'm ignorant to the way of SE,have we been officially opposing this special permit now? CHAIRWOMAN: Everything you have said is in the record and will be in the record for the special permit. I'll make a motion closing the hearing to verbatim testimony and we will except comments for the next 28 days in writing. PLEASE SEE MINUTES FOR RESOLUTION ***** Page 63 of 73 1 • ! k' APPEALS BOARD MEMBERS �,���Q$�FFO(,�►�; Southold Town Hall Lydia A. Tortora, Chairwoman ; c 53095 Main Road Gerard P. Goehringer ; ti rt t P.O. Box 1179 George Horning ;O .F Southold,New York 11971-09: Ruth D. Oliva ;#40 0. it ZBA Fax (631) 765-9064 Vincent Orlando 1 '00101. Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD June 24, 2003 a 6 if, 45u.lar/4-(6-4 David S. Desmond, Esq. Van Nostrand &Martin 53 Broadway P.O. Box 307 Amityville,NY 11701 Re: Application of Nicolo and Caroline DiBartolo#5254 (1000-127-3-6.2) Dear Mr. Desmond: This will confirm that the Board of Appeals, by Resolution adopted at its June 5, 2003 meeting, • reopened Application #5254 for a public hearing to be held at the Board's August 2003 Regular Meeting. By Resolution adopted at our June 19, 2003 meeting, the Regular Meeting dates for the remainder of 2003 were revised, and the August Regular Meeting is now scheduled for August 21st instead of August 28th. This public hearing is scheduled to start at 2:00 p.m. By August 1, 2003, the applicants should furnish the Board of Appeals with an original and six sets of a Certified Engineer Report attesting to adequate access, safety and stability of the new bridge construction for use by fire trucks and other emergency vehicles, with coordination of the Certified Report between the applicants and the Mattituck Fire Department. Enclosed is a copy of the Legal Notice for the August 21, 2003 meeting, which may be circulated at this time as required under Chapter 58 of the Town Code,but not later than itily 1St Thank you. Very truly yours, 41111 ydia A. Tortora Chairwoman Enclosure cc: Mr. and Mrs. Nicolo DiBartolo T- 0-`t- I ✓ VAN NOSTRAND & MARTIN 0�l ATTORNEYS AT LAW 53 BROADWAY P.O.Box 307 TEL 631-264-0303 LERoY VAN NOSTRAND,JR. AMITYVILLE, NEW YORK 11701 FAX 631-264-0314 HuMMERT 0 MARTIN,JR. 1959-1989 THIS NUMBER MAY NOT BE WILLIAM C.MORRELL USED FOR SERVICE OF PROCESS JOANNE ALLAR-ALBERTSEN OR UI1GA71ON DOCUMENTS DAVID S. DESMOND October 20, 2003 . , - Lydia A. Totora OCT 2 1 2003 Chairwoman, Board of Appeals Town of Southold , t'� rr s �.6 P.O. Box 1179 Southold NY 11971-0959 Re.: ZBA SE #5254 Bed & Breakfast Accessory Use (DiBartolo) Dear Ms. Totora: I am writing to thank you and the other Board members for your diligent and thoughtful review of the DiBartolo's application. I would also like to mention that it was a pleasure to deal with the Board's secretary, Linda. I was able to readily communicate with the Board, obtain clear and prompt responses to my questions, and was advised of all actions being taken and considered by the Board. On behalf of my clients, I thank you. Very truly yours, VAN NOSTRAND & MARTIN 4111C a; A 61: David S. ►esmond, Esq. DSD:jk . . . . . . .. cc.: Mr, 'and,Mrs. DiBartolo, :; ,; , . • r :t • APPEALS BOARD MEMBERS OSOfFO4C #. Op Southold Town Hall Lydia A. Tortora, Chairwoman o 53095 Main Road Gerard P. Goehringer ; y Z , P.O. Box 1179 George Horning ;O .Le % Southold,New York 11971-0959 Ruth D. Oliva ;y�J� a0i'�i' ZBA Fax(631) 765-9064 Vincent Orlando = 1 �;�'' Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD October 17, 2003 Fax 264-0314 14-4('-‘6 1/4.0 3Q m David S. Desmond, Esq. Re: ZBA SE#5254 — Bed and Breakfast Accessory Use (DiBartolo) Dear Mr. Desmond: Enclosed please find a copy of the Board's determination adopted at its October 9, 2003 meeting regarding the above application. Please be sure to follow-up with the Building Department for the next step in the zoning review and application process. A Certificate of Compliance is also required before operating the Bed and Breakfast accessory use for guest occupancy in the applicant's home, and possibly other department or agency approvals if construction activities are proposed. An extra copy of this determination should be made available to the Building Department at the time of submitting maps and any other required documentation in the next code review step. Very truly yours, Ly is A. Tortora Chairwoman Enclosure Copy of Decision 10/17/03 to: Building Department Mr. and Mrs. Nicolo DiBartolo _m /0/,%3 /^ P.O. Box 325 Laurel, NY 11948 Also copy to: Mrs. Jane Schantz (opp.) --,1L fa//,/o3 Cal Y9/ Wre ,QGo ^a/ay) ( 3 ofi o dam, - 7777-7-7-7.7 /03 OCTv 3 2003 tik,0 5 RANSMITTAL WITHOUT COVER LETTER DELIVERED `/- /2003 TO ZBA OFFICE FROM: dres(i ✓1P 5 �� 40'1,13Io RE: i7.5--&--4,14 ri✓'� Q ee�.r�vn ev17r���( Ads9,44zt-4 ac,v14.,4 cyyty • lt-4•,_ -4 if • , .414-1(4& l 4i A/ / • / iii i / Yi 7 A • 446t.e_al..1 " ' u/-15-1/Lit ‘40, , Lir j--)11df/LIA444 , 01111MINIENT • A AziT„,,,,, p ;47 -79uM:tj 9 / V' . .4 F qk .. •' J f I ' 1 i. 1111' r... 4_.' .� I �r i: ,r,1i re -r_ . ir r {r :ilk. r 1, . r..+� t W L. , '. , , Pir TMlilla I er . ti • 4 r ' � t .. • a 1• +. 1 ' f i IMO t, _ I. i','Ii Ir r .11 > ...Limeiani jiaiiiiimoomm,_-_-_- LL.- -....... . ..,:.--.- -- .... =, i If r 1 r - 5. - .•r `' ! r *�r7: ice, i t I y — • {J : r r' i - `a, "r I S'•- _Ly 1..m.,..'� i 1 1 Ae` I: , 1. ,� 09/30/2003 16 41 FR?; 6312640314 1 Z002/002J �\VIse VAty NOSTRAND (gr MARTIN ATTORNEYS AT LAW �� 53&CAMAY P.O.&x 307 TEL 631-264-0303 u(tov VAN NOSrOAND,JE. AM17Yv]LLE, New YORK 11701 FAX 631-264-0314 HUMBERT O.MAnrrx,JR.1959.1389 Tits Ht aSit NAY Not es WILLIAM C.ModtteLL UM)P9F SERVICE OP hlOCES JOANNE Au.AI-P.t.BE11TSEN as LITIGATION DOCUMENTS DAVID 5. DESMOND September 30, 2003 John A. Keogh, Secretary R� . t q I �� "' Mattituck Fire District 41 e, e P.O. Box 666, Pike StreetC T 1 2003 Mattituck NY 11952-0666 __,C\--)" Re.. DiBartolo Bed&Breakfast—File No. 5254 L...,.........,.„_,_:.!-L!,2,,,, ,-,,4i.,,,..s 475 Condor Court,Laurel,NY Dear Mr. Keogh: Mr. & Mrs. DiBartolo have advised me that a Chief f the Fire District visited the DiBartolo's premises on Friday and indicated that the Fire District would like to perform a test-run with a fire engine entering the premises from Condor Court. As you know,Mr. & Mrs.DiBartolo have no objection to having the Fire District perform this exercise and welcome the opportunity to show the Fire District that the access from Condor Court is safe. Kindly, advise of the date and time that you expect to perform this test-run so that my clients can be present to observe same. I would also note that my clients have removed the fence column at the beginning of the driveway to make the entranceway 16 feet in width. If you have any questions please feel free to contact me. Very truly yours, VAN NOSTRAND & : ' TIN mo-., 1 -_ Davy D'sniond, Esq. DSD:jk Cc: Zoning Board of Appeals Attn: Linda--Via Facsimile— 765-9064 Mr. &Mrs. Di Bartolo .-1t9 VAN NOSTRAND & MARTIN ATTORNEYS AT LAW 5 P.O. Box rn P.O. 07 TEL 631-264-0303 P LERoY VAN NasAND,JR. AM17'YVILLE, Box NEW YORK 11701 FAX 631-264-0314 HUMBERT 0.MARTIN,JR.1959-1989 THIS NUMB MAY NOT BE WILLIAM C.MORRELL USED FOR SERVICE OF PROCESS JOANNE AI AR-ALBERTSEN OR LITIGATION DOCUMENTS DAVID S.DESMOND Via Facsimile—298-8841 And Regular Mail September 24, 2003 John A. Keogh, Secretary Mattituck Fire District P.O. Box 666, Pike Street Mattituck NY 11952-0666 Re.: DiBartolo Bed & Breakfast—File No. 5254 475 Condor Court, Laurel, NY Dear Mr. Keogh: • The Clerk of the Zoning Board of Appeals has advised that the Board is waiting for a further response from the Fire District to our submission of September 15, 2003 which was copied to your office. As you may recall, we supplied the Zoning Board of Appeals and the Fire District with the engineer's certification as requested by the Town's Fire Inspection. It is requested that your response be submitted as soon as possible so that the Board can make a determination at its meeting on October 9, 2003. Your attention to this matter is appreciated. Very truly yours, VAN NOSTRAND & MARTIN David S. D mond, Esq. DSD:jk Cc: Zoning Board of Appeals Attn: Linda—Via Facsimile—765-9064 Mr. and Mrs. N. DiBartolo c (g)n ,p911 ° Uu VAN NOSTRAND & MARTIN v ATTORNEYS AT LAW 53 BROADWAY P.O.Box 307 TEL 631-264-0303 LEROY VAN NOSTRAND,JR. AMITYVILLE, NEW YORK 11701 FAX 631-264-0314 HUMBERT 0 MARTIN,JR. 1959-1989 THIS NUMBER MAY NOT BE WILLIAM C.MORRELL USED FOR SERVICE OF PROCESS JOANNE ALLAR-ALBERTSEN September 15, 2003 OR LITIGATION DOCUMENTS DAVID S. DESMOND n is psi. ^Fii Lydia A. Tortora, Chairwom �.en _ Town of Southold Zoning Board of Appeals SEP 1 6 2003 53095 Main Road Southold,NY 11971 ZONING E'.Ot1RD OF APPEALS Re: DiBartolo Bed & Breakfast File#5254 475 Condor Court, Laurel,NY Dear Chairwomgn Tortora, On behalf of the DiBartolo's I am submitting the following documents for the Board further consideration: 1. Engineer opinion letter certifying that the bridge on the-premises is capable of safely supporting a modern Class A fire engine and that the curves in the driveway are designed so as to allow safe passage of a modern Class A fire engine. 2. Fire Inspection Report made by Robert Fisher, Fire Inspector of the Building Department dated September 10, 2003. 3. Raymond F. Nine Sand and Gravel letter dated September 12, 2003. 4. Gian Mario Mangieri letter dated September 15, 2003. I am pleased that the Town Fire inspector has provided guidance on the certification needed as concerns the bridge and driveway. I trust that the Engineer's opinion letter properly addresses the request made by the Fire Inspector for providing safe access from Condor Court for emergency purposes. Based upon the above submission and all prior submissions in..this matter, it is respectfully requested that the Di Bartolo's application for the Bed and Breakfast be approved by the Board of Appeals. Very truly yours, Van Nos and & Martin By:/14:.A.0. er Da id I. Desmond Encls. Cc: Mr. & Mrs. Di Bartolo J. Keogh, Secretary, Mattituck Fire Department CONRAD F. POHLMANN, PE Consulting Engineer COVED September 15, 2003 j SEP 1 6 2003 Nicolo &Caroline Di Bartolo 475 Condor Court _t tes. 9OM D OF APPEALS Laurel,NY 11946 Re: Bridge over Brushs Creek and Driveway Dear Mr. and Mrs. Di Bartolo: At your request I have reviewed the existing timber bridge over Brushs Creek, which is part of the driveway from Condor Court to the house, as well as the recently improved driveway. In my review I have made the necessary measurements and structural computations of the main support member(timber 12x12) of the bridge. I have also examined several modem Class A fire trucks used by fire departments in the area. The typical modem Class A fire truck has a Ground Vehicle Weight Rating ("GVWR") of approximately 36,000 pounds with a maximum axle load of approximately 23,000 pounds, with the axles spaced approximately 14' front to back and with a width of approximately 7' 6". It is my opinion, based upon my structural computations, that the main support member of the bridge can safely carry a modem Class A fire truck as well as any vehicle with a 23,000 pound axle load with wheels spaced a minimum of 10 feet on center. This would mean that, in addition to the typical modem Class A fire truck, smaller sized fire trucks and emergency vehicles could also safely traverse the bridge over Brushs Creek. I have also reviewed the driveway leading from Condor Court to the house. Although a portion of the driveway between Condor Court and the bridge has curves, the driveway has a turning radius of sufficient width at all turns to accommodate a typical fire truck as described above. Accordingly, based upon my review of the bridge and driveway, it is my professional opinion that the typical modem Class A fire truck described above, as well as any smaller sized emergency vehicles, can safely traverse the driveway and bridge over Brushs Creek from Condor Court to the buildings located on the premises. L4411 ia2 � pF NES; O L * -v y * Conrad Pohlmann, PE r� ' 588 C9 O 435 l`iO4'N' 15 Hi wood Drive,Northport,NY 11768 tel. 631 261-8012 • 09/15/2003 09:32 631-218-1156 S.C.W.A. FINANCE PAGE 05 oil gOFFO4co , ht o Town Hall,53095 Main Road Fax(631)765-9502 P.O.Box 1179 Ov�'t�� Telephone(631)765-1802 Southold,New York 11971-0959 _'*OI igg ,f100 ` N VEF BUILDING DEPARTMENT SEP 1 6 2003 TowN OF SouTxoLD 17NT:11. cloarD OF .APPEALS Fire Inspection Report 2003 September 10, 2003 Mrs. Caroline Dibartolo 475 Condor Court Laurel, NY 11948 Dear Mrs. Dibartolo: As per our discussion on September 9, your driveway will be required to meet the requirements specified in the paragraph below. This also includes the front gate and bridge. All lots improved with a building or structure must ensure that access is at least fifteen (15) feet in width and at least fifteen (15) feet in height, subject to approval by the Building Inspector for residential structures. In addition the bridge shall be certified, by an engineer, as to being capable of safely supporting a modem Class A fire engine and the curves in the driveway designed soto allow the safe passage of the above mentioned fire apparatus. If you have any questions or the required modifications are completed, please contact me at the above office. You truly, • i Robert Fisher Fire Inspector DiBartolo-03-09-1 127-3-6.3 Page 1 rt 07/15/2003 09:32 631-218-1156 S.C.W.A. FINANCE PAGE 03 RAYMOND F. NINE SAND& GRAVEL 85S New Suffolk Avenue P.O. Box 1401 PhoneMatiuFmox. 1)1ck NY 98-8828 7:71; �2003 September 12,2003 QP'gPPEALS Lydia A.Tortora,Chairw an Zoning Board of Appeals Town Hall Southold,N.Y. 11971 Re:Nicole and Caroline Di Bartolo 0254 Dear Chairwoman Tortola: I have beta requested by Mr.And Mrs.Di Bartolo to confirm my part in the coustmetion' and use of a timber bridge one the Di Bartolo's property crossing Brushes Creek. I em a local contractor with ova 30 years experience handling and driving heavy equipntatt and trucks,including fire trucks for the Mattituck The Department I.personsdly worked on the bridge handling the required filling of material at both ends of the bridge. Aller completion of the bridge,during construction of the driveway,I drove my dump truck with over 20 tons of material several times safely and without difficulty across said bridge. I have also driven heavy equipmexd with attached trailer through the entire hag*of the driveway prior to its recent improvements. I hope this will assist you in your deliberations regarding the Di Bartolo's application. Sincerely, .14„4„.. Raymond F.Nine r ' ' It r 1957 L CiCEAA(-- ' .,-el ,_ . ,,if' -tutc- L ,L(.-Jc--' cr.e.... fp._ -- : - - _ SEP 1 6 2003 . - SALES.ORDER • • • NAME: /` 1' Tb • SHIP TO: 01riti,,E.,4.,i•' ! ADDRESS: , ADDRESS: - I CITY,STATE,�P U u P CITY,STATE,ZIP ORDER NO. DEPT. 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Ir--- v t P... 0200; RE DIFOAM® 51540 - - ✓ , 1/4r -- GAP , : VAN NOSTRAND & MARTIN ATTORNEYS AT LAW 53 BROADWAY Box307TEL 631-264-0303 P.O.P LEROY VAN NOST7tAND,JR. AMITYVILLE, NEWW YORK 11701 FAX 631-264-0314 HUMBERT 0 MARTIN,JR.1959-1989 THIS NUMBER MAY NOT BE WILLIAM C.MORRELL USED FOR SERVICE OF PROCESS JOANNE ALLAR-ALBERTSEN OR IIIIGATION DOCUMENTS DAVID S.DESMOND Via Facsimile—765-9064 And Regular Mail • September 4, 2003 Lydia A. Tortora, Chairwoman Town of Southold Zoning f= ?•..i •Board of Appeals 53095 Main Road SEP - 8 2003 Southold,NY 11971 Re.: DiBartolo Bed & Breakfast File#5254 4f�T��;,.,r' s:-° eY: � ;I 475 Condor Court,Laurel, NY Dear Ms. Tortora: On behalf of Mr. and Mrs. DiBartolo I am writing in response to the Mattituck Fire Department's letter of Augtigt'29, 2003 concerning the issue of access of the Mattituck Fire Department to the above Prior to the Fire Department issuing its'letter of August 29, 2003;1 had written the Fire Department advising'them that the DiBartolo's have retained a aew engineer to review the driveway and bridge and provide a certification that both are safely accessible for the Fire Department. I had requested that the Fire Department refrain from commenting until that could be provided to them. The engineer's report is expected by September 6, 2003. Upon receipt of the engineer's report, we will provide same to the Fire Department and Zoning Board of Appeals and request that the Fire Department reconsideftheir comments based upon the engineer's report- and the inlproveriients made to the driveway allowing for the fire trucks to safely enter and exit the premises from Condor Court. Lastly, I would note that the Fire Department's request of August 29, 2003 for a covenant for clear passage via the Route 25 access from the DiBartolo's, the Town and Long Island Railroad as a condition to their approval is.both highly unusual and improper. I am unaware of any building code or regulation that would require such a covenant or that grants authority to the Fire Department to grant such approval. I believe the Fire Department has Overstepped its bounds in this matter. In fact,`their'conduct in commenting on the driveway is inconsistent with their earlier letter to the Zoning Board at the time the bridge over the creek was being constructed. At that time, the Fire Department was asked to comment to the Zoning Board of Appeals and issued this statement: V v VAN NOSTRAND 6i MARTIN Page 2 Lydia A. Tortora, Chairwoman September 4, 2003 "The Board of Fire Commissioners has decided that since Mr. DiBartolo or a member of his family has supplied the department through a phone conversation with directions down the existing right of way to his home that it would be inappropriate to act on your letter. It is the Board's position that the owner of the property is responsible to supply access and not that of the Board of Fire Commissioners." - This letter is consistent with the law, as there is no authority for the Fire Department to "approve" or"disapprove" of a driveway in connection with the within application. Concerning the access via Route 25, the Fire Department's condition is also suppositious. The right-of-way is limited and is owned and enjoyed by others and the DiBartolo's have no right to unilaterally place a covenant on the right-of-way. In addition, if the rights granted in that right-of-way are diminished or terminated the premises would lose the use of the bed and breakfast. This result would be both precipitous and unjust. Accordingly, the uninterrupted and unabated use as a bed and breakfast can only be accomplished by access via Condor Court. Certainly, the DiBartolo's share the same concerns of the Board in providing safe access to the premises by the Fire Department in case of an emergency. As stated earlier,the Zoning Board and the Fire Department will be provided with a report that shows that the Fire Department can access the property from Condor Court and traverse the driveway and bridge in a safe and fast manner. Should you have any questions, please feel free to contact me. Very truly yours, VAN NOSTRAND & MARTIN • 40' Davis . D-:mond, Esq. DSD:jk cc: Mr. and Mrs. N. DiBartolo J. Keogh, Secretary, Mattituck Fire Department 601 , MATTITUCK FIRE DISTRICT PO BOX 666, PIKE STREET MATTITUCK, NEW YORK 11952-0666 office (631) 298-8837 mattituckfd@peconic.net fax (631) 298-8841 commissioners JAMES D.ROACHE,Chairman John A.Keogh,Secretary Martin L.Griffin,Vice Chairman Barbara Dickerson,Treasurer Norman A.Reilly,Jr. RECEIVED Timothy McGowan Greg N.Tyler SEP - 2 2003 ZONING en APPEALS August 29, 2003 Mr. Nicolas DiBartok). 475 Condor Court Laurel,NY 1194$ Dear Sir: The Board of Fire Commissioners of the Mattituck Fire District have reviewed the access to your property:from Condor Court addfromRoute. 5flatidhave concluded that access from Route 25 would be-the,only Vs/ay that they can respond to an emergency in a safe and fast planner. They would approvethisRonte 25 acceg you would artatige.a:Coyenant fora clear passage through this area year round. Upon receipt of this covenant from Southold Town and from the Long Island Rail Road the Board will send their written-approval. Very truly yours, John A. Keogh, Sect. Mattituck Fire District copy to:•Southold Town Planning Board•.; : • 's• Southojd-Town Zoningt13oard:pfAppeali:{ ••• • f ' • • : • • \ .r41,416 01J,' )/'09 VX .1 °‘‘ • Lydia A. Tortora, Chairwoman Southold Town Board of Appeals Thomas Novak AUG 2 0 2003 655 Eagle Nest Court Laurel,NY 11948 - 519_,4.,S August 19, 2003 -" Dear Ms. Tortora, I am writing to request that all prior written and verbal opposition that has been submitted by my wife,Maureen, and myself, Thomas Novak, regarding the proposal of a Bed and Breakfast on neighboring property owned by Nicolo and Caroline S. DiBartolo , be included in the new hearing# 5254,that is to take place August 21,2003,during the Southold Town Board of Appeals meeting. ' We have written oppositions on file prior to the first Public April 17th hearing regarding this proposal,.and written and verbal opposition that was submitted during.the April-17th hearing. -. _ Thank you for your attention to this matter. _ . Sincerely, , Thomas Novak • ;_ 4 fi l' \ EScxBA.CHERec o 11 M ENGINEERING, PC. AUG 6 1 9 2043 `%�ofp------.%t- Pr) o, August 17,2003 Mr.Nicolo DiBartolo 475 Condor Court Laurel,NY 11948 RE: Traffic Engineering Study Dear Mr. DiBartolo: In response to your request, I have undertaken a traffic engineering study of your proposed bed-and- breakfast facility. This report summarizes the findings of my study which included a review of your application to the Town of Southold Board of Appeals, a site inspection of your property and local roads, traffic generation projections, sight distance and visibility analysis, review of parking adequacy,and assessment of local roadway capacity. Attached is a copy of my professional qualifications. Please note that I have been recognized as a traffic expert by the Zoning Boards in the Towns of Southampton, Brookhaven, Islip, Smithtown, Huntington, Oyster Bay, Hempstead and North Hempstead, as well as by numerous local Village boards. I have also testified as a traffic expert in Federal and State Courts. Project Description It is my understanding thatou and your wife have applied to the Town of Southold for a special exception permit to operate a bed-and-breakfast at 475 Condor Court in Laurel, in accordance with the provisions in the Town Zoning Code.The property,which is approximately 17,acres, is located in the A-C District,and the building will provide your primary residence,as well as three guest rooms. Local Roads The driveway to your property is directly off the cul-de-sac at the eastern end of Condor Court, a local road, approximately 28' in width, developed with 4 other homes. In order to travel out of your general area, known at Goldenview Estates, drivers would also use White Eagle Drive, Woodside Lane and Laurelwood Drive, in order to reach Peconic Bay Boulevard. All of these roads have an asphalt pavement, and the posted speed limit in the area is 30 miles per hour. Some of the intersecting side streets are controlled by Stop signs. In total, there are approximately 52 single family homes which are served by these local roads, which have very ample capacity to handle the existing residential development and your proposed bed-and-breakfast facility. Traffic Generation Based upon my experience and research, it is my professional opinion that your proposed bed-and- breakfast will be a very low traffic generator.Your personal residence plus the three guest rooms will generate less traffic than four single family homes, not only during the peak traffic periods, but also over the course of an entire day. According to research compiled by the Institute of Transportation 532 Broad Hollow Road •Melville,NewYork 11747 • Phone:631/249-8822 • Fax:631/249-4925 • www.eschbacher.com -2- AUGUST 17,2003 Engineers in its widely-recognized 1997 publication "Trip Generation, Sixth Edition," one single family home generates one trip during the morning peak hour and one trip during the evening peak hour, and a total of 10 trips during the entire day.These trips include a variety of purposes, including travel to work, shopping, school, doctors, etc., as well as trips associated with mail/package deliveries, household maintenance and visitors. Many of these trip purposes will not apply to bed- and-breakfast guests. Furthermore, the trips will generally be off-peak. For example, the morning peak hour traffic consists primarily of local residents traveling to work or school. But during that time, the bed-and-breakfast guests (who are vacationing) are not in a rush to awaken and leave, and instead enjoy a leisurely time at breakfast.Also,they generally tend to leave and remain out for most of the day,thus limiting their back-and-forth travel,unlike the residents of single family homes. In all probability, each guest will have, at most, three round trips per day, or 6 total daily trips, which is less than the 10 daily trips for a single family home. These trips will not create any congestion whatsoever on the local roads. Sight Distance The driveway to the property is located at the end of the cul-de-sac on Condor Court. Motorists entering and exiting the driveway have clear visibility and unrestricted sight distance. Parking Your application indicates that 6 parking spaces will be provided, exceeding the requirements set forth in the Zoning Code. These spaces are located entirely on your private property and off the street, and it will not be necessary for drivers to back onto a street or highway. These spaces will be very adequate for the proposed use, and will not result in a spillover of parking onto other streets in the area. Conclusion Based upon the results of my analysis, it is my professional opinion that approval of the proposed bed-and-breakfast facility will not generate significant traffic volumes or create traffic safety problems in the local area. I recommend that the Board of Appeals grant the special exception permit. Very truly yours, ESCHBACHER ENGINEERING,P.C. 4144 407/ Robert M.Eschbacher,P.E. (23084) ,ESCFIBACFIER ENGINEERING, P.C. QUALIFICATIONS ROBERT M. ESCHBACHER. P.E. Education Bachelor of Engineering Degree,Civil Engineering, Magna Cum Laude,1973,Manhattan College Master of Science Degree,Civil/Transportation Engineering, 1975,Northwestern University Licenses Professional Engineer: New York(#055979);New Jersey(#24GE03275300) ,Societies Institute of Transportation Engineers National Society of Professional Engineers New York State Society of Professional Engineers American Society of Civil Engineers Transportation Research Board American Planning Association New York Planning Federation National Parking Association Awards/Honors Manhattan College Civil Engineering Award U.S.Urban Mass Transportation Administration Graduate Study Scholarship Tau Beta Pi,National Engineering Honor Society Chi Epsilon,National Civil Engineering Honor Society Engineering Achievement Award,Long Island Engineers Joint Committee Engineer of the Year Award,Suffolk County Professional Engineers Society Consulting Over 28 years experience in the study,analysis and design of site development, JExperience transportation and roadway projects throughout Long Island and the New York metropolitan area for government agencies and for private sector clients. Teaching Manhattan College;Adjunct Instructor,Graduate Program(1976-1978) Experience Nassau Community College;Visiting Lecturer,Civil Engineering Technology(1977-1978) Miscellaneous Long Island Transportation Management,Past Chairman,Board of Directors NYS Association of Traffic Safety Boards,Past Division Chairman American Society of Civil Engineers Long Island Branch,Past President Long Island Association,Transportation Committee Nassau County Professional Engineers Society,Past Director Suffolk County Professional Engineers Society,Past President Consulting Engineers Council Long Island Chapter,Past President Design Professionals Coalition of Long Island,Past President 532 Broad Hollow Road •Melville,NewYork 11747 • Phone:631/249-8822 • Fax:631/249-4925 • www.eschbacher.com • Robert M.Eschbacher,P.E. Exnert Testimony Federal/State Courts Town of Huntington Zoning Board Town of Smithtown Zoning Board Town of Brookhaven Zoning Board Town of Oyster Bay Zoning Board Town of Babylon Zoning Board Town of Islip Zoning Board Town of Hempstead Zoning Board City of Long Beach Zoning Board Town of North Hempstead Zoning Board City of Glen Cove Zoning Board Types of Projects Completed Site Development Protects: - Shopping Centers - Marinas - Housing/Condominiums - Gasoline Service Stations - Office Buildings - Industrial Development/Factories - Hotels - Universities/Colleges/Schools - Fast Food Restaurants - Zoning Variances/Special Use Permits Studies: - Traffic Circulation - Traffic Mitigation - Trip Generation - Transportation Control Measures - Traffic Capacity/Level-of-Service - Bus/Transit Systems - Computer Model Forecasting - Master Plans - Parking Supply&Demand - Environmental Impact Analyses - High Occupancy Vehide Lanes - Pedestrian Circulation - Transportation Demand Management - Regional Ridesharing Programs Design: - Site Development - Roadways - Traffic Signals - Parking Facilities - Signs/Pavement Markings - Bus/Railroad Stations - Intersections Previous Clients Government Agencies: - NYS Dept.of Transportation - Village of Bayville - NYS Thruway Authority - Village of Farmingdale - NYC Dept.of Transportation - Village of Freeport - NYC Parks Department - Village of Garden City - NYC Economic Development Corporation - Village of Great Neck - Long Island Rail Road - Village of Great Neck Plaza - Nassau County Planning Department - Village of Hempstead - Nassau County Public Works Dept. - Village of Kmgs Point - Suffolk County Public Works Dept. - Village of Lynbrook - Town of Huntington - Village of Munsey Park - Town of Islip - Village of North Hills - Town of Hempstead - Village of Old Westbury - Town of North Hempstead - Village of Port Washington North - Town of Smithtown - Village of Rockville Centre - City of Long Beach - Village of Russell Gardens - City of Glen Cove - Village of Thomaston Private Sector Clients: - Attorneys - Environmental Consultants - Architects - Schools/Universities/Churches - Engineers - Developers - Planners - Civic Associations - Landscape Architects "`;\k\ £ECEIVED AUG 12003 August 1, 2003 ZONING B®AP:c or APPEALS Lydia A. Tortora, Chairwoman Zoning Board of Appeals Town Hall, Southold,N.Y. 11971 Re:Nicolo and Caroline Di Bartolo#5254 Dear Chairwoman Tortora, In addition to recently submitted information, enclosed are original and six copies of completed work order with corporate seal. Sequential pictures starting from the entrance and leading to the house showing completed work are also enclosed.. Thank you for including this in the file. Sincerely 7146 icolo and Caroline Di Bartolo cc:Mattituck Fire Dept. 1839 1,... . c, v CV . ^ ��� 1�� SALES ORDER NAME: Nt---4.k [Li t,,,�' ,E 1 '' SHIP TO: Lia c ADDRESS: Lv�,/�� /� C01.4-4C ADDRESS: CITU,STATE,Zt CITY,STATE,ZIP - - ORDER NO. • DEPT. BUYER: SOLD BY: WHEN SHIP: TERMS: HOW SHIPe DATE: • • C i- e4Jir is Uti /4-911 ' /14171rjt -'14..fr:420 C-47-"Ye° rip.)). .1 . . . . . , , 2 _Co C_ - O�w 4- ir IA. - s 3 el ` - u_7,, ) K ? f- , 1- 5 -per 0.0) 6 v-c„,...,,ke._ . r2.A...„......Q;) . . , 7 /7-(Ze -41:2 , - • 8 . to - `$6' -:e s ot-'.S) 02,1% . rt- INV V1 , . ' . 12 - 19r Q y GQ ; 14 Is j e....,:r.I2j iivt_ 1), . • n 1 a 1LA/Nt/"?-1.1f."'"/ - F YY ,/'i"/ '• 20 ; 23 ;t r' J`Cr;,IJ rt �+�t�4� rr _ - 24 - 25 .• ; , ,1 I AUG 1 -2001, 1 2s , • • �� „p1:0o1`R®IFa i. 5L540 , 'rl IlliII - A, . I 11111 Picture 082 Picture 083 Picture 084 Picture 085 Picture 086 r ^ a xv. 1 Picture 087 Picture 088 Picture 089 Picture 090 Picture 091 40 ti* Picture 092 AUG 12003 se, (A/ _ (ct WEIGHT . `K. =` LIMIT {. 3 TONS NARROW BRIDGE j M . —or' ,i, 4. ' ' ..: .Y .. BRIDGE ... .. • ..... . . . 13.. .. ( e; rP/} l��vp l,�¢y,�E4, r ,rte 111 /�' w JUL ��s 31 2003 July 30,2003ZOi 0' QPPEA Lydia A. Tortora, Chairwoman Zoning Board of Appeals Town Hall, Southold,N.Y. 11971 Re:Nicolo and Caroline Di Bartolo#5254 Dear Chairwoman Tortora; In accordance with your request, enclosed is certified engineer report on our bridge over Brushs Creek(original and six copies.)It certifies to support"axle load"of ten(10)togs. Also enclosed are copies of photos we recently took of the Peconic Bay Blvd, Laurel and Bridgc Lane , Cutchogue bridge signs which indicate load capacity of five(5)tons and(3)tons respectively. Peconic Bay .Boulevard is a heavily used two lane road regularly used by the Mattituck fire department apparatus. We have also cleared the driveway,after inspection and advice by the Chief and Asst Chief of the Mattituck Fire Department, making it compatible to width,height and other requirements of the Fire Department. A copy of the Engineer's report was provided to the Fire Department at their last district meeting. Since then,we have attempted to contact the Chief and the Commissioners in an attempt to _'` obtain a letter from them confirming the adequacy of the fire and other emergency access,but to no avail as of this date. We will continue our attempts to obtain such documentation. However,.we believe the Engineer's report and other data we are providing meets your request to provide an appropriate emergency access. We also request that Board Member Goehringer revisit our premises so that you can have independent verification of the driveway changes. We recognize.that:this has been a difficult application process and appreciate your efforts and that of the Board. Sincerely ,&ee,4 /f , Q� icolo and C..oline Di o o cc:Mattituck Fire Dept. L. :_-„ LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER P O. BOX 162 GREENPORT, N.Y. 11944 (631) 477-1652 July 28 , 2003 To whom it may concern: Re: Bridge on property of Nicholas DiBartolo 475 Condor Court, Laurel ENGINEER REPORT The bridge on the property of Nicholas DiBartolo at 475 Condor Court, Laurel spans Brushs Creek is 20 feet long and 12 ' feet wide, with four 12" x 12" x 20 ' stringers each supported by a pile in the center of the span: The bridge is designed to support an axle load of 10 ton at a speed of 5 mules an hour. . Sincerely, . ,./tAiA, %;;;:2 Lawrence M. Tuthill, P.E. tpF NEW) �Qa rU 91— c, � sj Er � cE < r '''. '.i.,-, + ai- , ur 2 Cai 'n<0 032254-1 �t1 AgoFESSI� ' z_ t. ECEIVED JUL 3 1 2003 ZONING BOARD OF APPEALS May 1G 03 i09: 06a p. 1 — .. - . 7X 1' UL L i 1 - it 1' • 7 \-i —4(4.1-4,..i.,..,..,1....6u.,...... cl.,.....c ..c.„..„__, r I _ , )- A • ..) , ..,. . . ,, CO ---kc,_\t \1c,....): :2)..----Zz.., ... May16 04" 09: 06a p. 2 ' 05/16/2003 08:39 631•= --1156 S.C.W.A. FINANCE. PAGE 02/02 May 14,2D03 Zoning Board of Appeals Southold,New York Attention,Lydia A.Tortora, Chairperson Re:DiBartolo#5254 Dear Chairperson Tortora, • Regarding recent communications. A MATTITUCK FIRE DISTRICT-CHIEF HANUS JR. The opinions of Chief Hanus Jr.on behaff of unknown"residences"are opinions by an individual who did not provide any specific documented requirements or professional qualifications.The Board of Rre Commissioners did not sanction the opinions and no apparent physical inspection was done.Hes not responding to an official inquiry of your board.He is merely using official letterhead for a private opinion,which if not illegal is unethical conduct. No permission was requested to enter the premises for such inspection. The legal entry on our application relates to Condor Ct.The bridge mentioned was built by a licensed New York State Professional Engineer, Larry Tuthill who also performs professional services for the Town of Southold. Because of the fire chiefs comments, I spoke to Larry Tuthill today and he verified the bridge was built to allow passage of fire trucks, utility and other heavy vehicles. In fact utility trucks like od and propane tank trucks use it to make regular deliveries in all kinds of weather. Ray Nine,a contractor from Mattituck who assisted in the construction of the bridge drove a fully loaded sand truck weighing 22 tons over it. Larry Tuthill asked that I inform Board Member Gerry Goehringer,who commented on firematic accessibility,that the 12"piling and the double sets of 12X4 CROSS BEAMS ARE PROPERLY SET FOR FIRE TRUCK TIRE TRACK AND AXEL CONFIGURATION Incidentally,Ray Nine who drove the 22-ton truck over the bridge is an officer of the Mattituck Fire Dept with tong tenure. Eight years ago,when I applied for the bridge building permit, I requested such an assessment from the Fire Dept. They prudently refused to make an assessment citing possible legal liabilities.The letter Is on file in the Trustees'office es part of the wetland permit application related to the bridge. • B THE NOTIFICATION ISSUE The proposed B&B Is at tenet 400 feet from the nearest house.We went beyond the steps indicated by the application process to notify everyone that might be affected.We had an open house--the invitation asked that anyone could bring any other neighbors who might be interested.We believe we have complied completely with the process. C. THE ISSUE OF NEGATIVE INPACT This is a non-Issue both financially and esthetically as shown by the experience in recent and past operation of B&B's in similar residential neighborhoods in Southold. It'a part of the positive character of this town. D. INTERFERENCE WITH A LEGAL PROCESS Since the first hearing a harassment process has been initiated. Children playing at the driveway entrance have chanted a"no B&13"chant repeatedly at friends and family members Nay :1 6 O3i 09:O6a P• 3 05/16/2003 08:39 631- -1156 S.C.W.A. FINANCE ' PAGE 01/02 • visiting my house.This past week a complaint was filed with the code enforcement office that our wrought iron fence and gate are over four feet No one noticed this In the eight years it's been up. We will,of course,address this with the appropriate office. My wife and I wish to re-emphasize to all the board members that despite the harassment and all the effort to paint a bleak negative impact picture of a B&B,we intend to operate it in the most unobtrusive manner possible,with the least impact on the neighborhood,following the highest standards of quality B&B's. keeping with the character and traditions of this township. Thank you for your consideration. Nick and Caroline Dl eartolo • We ask that this letter from the Fire Dept. be considered improper,non-responsive and disregarded. ' s^ ` � S— � . t., , ,,,dv \ . _,,,5.iN.. _ . Y! r•i' . c m . . ()\ VAN NOSTRAND&MARTIN , n 53 Broadway-P O. Box 307 Amityville,NY 11701 ' �y�j 631-264-0303 5 li�I ce 631-264-0314 o I a"' P i , Ail Si May 15, 2003 4 Linda A. Tortora, Chairwoman Southold Town Board of Appeals 53095 Main Road , P 0 Box 1179 Southold,NY 11971-0959 Re Request for Special Exception under Sec 100-31B to establish Accessaory Bed and Breakfast • 475 Condor Court, Laurel,NY, SCTM# 1000-127-3-6.2 BOA No 5254 , Dear Chairwoman Tortora. I are submitting this letter on behalf of the DiBartolo's and in response to written comments received by the Board on the above matter concerning proper notice to abutting property owners • With respect to the claim that the DiBartolo's have not furnished the required notice because the lots owned by the DiBartolo's (tax lots 6 1 and 6.2) are merged, please be advised as follows. The DiBartolo's submitted the application with respect to tax lot 1000-127-3-6.2. This lot is 40,000 square feet. The abutting lot owned by the DiBartolo's is 17 acres in size (tax lot 6 1) Pursuant to Town Code Art. II Section 100-25 (C) (1)an exception to the merger doctrine applies when the nonconforming lot has a minimum size of forty thousand(40,000) square feet. In this instance since the subject parcel is 40,000 square feet and the adlouung parcel owned by the DiBartolo's is 17 acres the properties are not merged. Accordingly, the notice sent by the DiBartolo's was precisely what was required by the Town Code. • I trust this information will assist the Board in making their determination as concerns this matter \ , . Very truly yours, Van Nostrand,&Martin !fid : Desmon•, s' :ret0C , • Commissioners John A.Keogh,Sect. John C.Harrison,Chairman • Barbara Dickerson,Treas. John M.Divello Eiti\‘ ‘) Walter Kosianowski bi)4AW4)1(dt George Lessard,Sr. G.Thomas WoodhuB December 13, 1995 A < .41e)5 \r-k" rtj-C6' 7)0 Mr. Albert Krupski, Jr., President Or, 43 Board of Town Trustees Town of Southold Town Hall P0 Box 1179 Southold, NY 11971 Dear Mr. KrUpski; - At last nights regular meeting of the Board of Fire Commissioners your letter of December 7th in reference to the application of Nicolo DiBartolo was discussed. The Board of Fire Commissioners has decided that since Mr. DiBartolo or a member of his family has supplied the department through a phone conversation with directions down the existing Right of Way to his home that it would be inappropriate for us to act on your letter. It is the Boards position that the owner of the property is responsible to supply access and not that of the Board of Fire Commissioners. The Board hopes that this addresses your question and if they can be of any future assistance please do not hesitate to contact them. Sincerely, 111 • . eog ( S)cretary _ . . _ _ Mr. &Mrs. C. Krause 920 White Eagle Drive z( t-Al Laurel,NY 11948 May 14, 2003M/ COVE • Southold Town Hall MAY 1 6 2003 Board of Appeals 19494 -4ted 4 53095 Main Road ZONING BOED of APPEALS r Southold, NY 11971-0959 Re: Mrs. & Mrs. Nicolo DiBartolo Application #5254 Parcel 1000-127-3-6.2. Dear Board Members: My husband and I attended the April 17, 2003 hearing regarding the above request for a Special Exception for an Accessory Bed and Breakfast. Per your request, we are submitting in writing our disapproval. At another hearing before the Town Board of Appeals (Appl. No. 5030) on November 15, 2001, it was stated by one of your board members that we live in "an upscale community." With this in mind, one, of the primary reasons we purchased a lot in this development was the comfort in knowing it's use was limited to the residents and guests who live here and that it was an association controlled community. We feel our safety, property, and quality of life would be compromised by allowing transients access to this B&B at all hours of the day or night. We feel violated that our development is published on an Internet web site. Would this request be a consideration in other communities such as Laurel Links, Country Club Estates, or Harbor View Farms? Most of us pay taxes in excess of $10,000 to live in our dream homes. We urge you consider the happiness and well being of the majority of the families and not to appease the selfishness of one. Sincerely, , ,amd ,7- cubte, . Carl and Karen Krause t•• , . IAA; ) 5- ,'DO3 • L: ') ZONING $0POF OP7.1 LS 12/1:67J2-4p0A CUL A-(25-\t6 W-PL411- LOse•• tV\-SZ. Ceel . CO: a eP • ; ) 1 • - • -4 \_..t./1 ClkAr( • • F • •* 'CkLP- CL - 1:,/a±-0/Zt,4 /c1,Q,0JCS 440-1 uA,) al-g).± Lo--NO3(- Le_ Lo-Q- t)- 2-cL cx9IsclQ,,Att-cti) ittire2P-Lo-troU cL L9, -15,o/ oLLNQ± Co-e- (.04),sz_J • O- pJk -1 ± o Jck ,-L_ L± cx,A. pAA:c_sz. ckuj,2±., • . 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Q-elk)-ult -tLJN tL. _ yduu)u± 1A)-KLc,x t6-z )y-tA;v\t &cat 0A-ctseiZ.6 .;e..&±A; • $ -6 • • +,,E1-Vt G-cka-OLCYUL c,t,k,c,,tct, 3-1cw-e- p2-s-pZ. • ' • at 0AA, cLer , 401' --t4 I : C : 2s,„ "o)-e. • ' `,1.N.,...>-ttsl- - kt ' • 1,0-91k c e Li)�. >,tz. c;v , (Iiiet3Q_A)2-ctutz) iue-ccei.to))-e. 5D.ft LowLe_ -) Lot-yuh L)s)-ca 732-q- • • • zu,( :,.. , ,ivao,: A 0‘.1Lryl**, e5-11-Z)1 -t3‘.t,=0 ckyNkikAQ.A.cth.en -t-LO OL-1-12--ct"-yk • DkAi-L_ 0Q kL oijc , o - uc • - ib • e _ 2) c %*): e-„_1 L-I • ek),_) • r(b) , Fz6A:rgiz(J_ Coltzsiktk, aitx; • SENSITIVE LAND?—Environmental groups and area residents are teaming up-to fight a building proposal that seeks to erect a house and a road in the Brushes - Creek area of Laurel. - Laurel Resident Fights For 5L\-C-d \S L', -f Brushes Creek Preservation - By Michael Ebert filed roughly a week earlier on December Te-M\ACN\ \S a�3 4 by Jamesport resident Jeffrey Hallock Laurel resident Barbara Laskinvia a letter to the town trustees request- stumbled upon an unknown land 1i-reser- he an inspection on the property,with a vation case purely by accident last hearing slated for January 22. - month and now finds herself knee-deep Specifically, Hallock's project_seeks ., in a passionate battle to save some of the to construct a residence and enlarge a Ismall winding path that runs paralle- ' regions most pristine undeveloped land. _ and is-at times on top of, the wetla An area homeowner since. 1998, While specific dimensions of the path - Laskin-said she has started tonotice the slow surrender of the local environment, alteration . thea••1' to building-projects in recent years, and a io askin Said," in order to'-meet • I town co a Mild need to be felt propelled to inquire about Southold's 4. a proximately 50 feet wide to accommo- past and present conservation efforts via • date emergency and construction vehi= ■ a one on-one meeting with Melissa Spiro, `cles among other provisions. head of the towns open space committee. " While Laskin initially asked Spiro He wou • -ve to u ••ze .1- ..-- bII , questions regarding the ,town's high trees,remove environmentally sen-; overall protection efforts, she eventually sitive topsoil andh lay down crushed: inquired about the status of-a particular stones to said.cr "It'sate this new right-of-way,"-extraordi- plot of wetlands adjacent to her home Laskin likely this a- called Brushes Creek, which stretches narily disturbedwie h ... theseat will be per th for more'than a mile and is considered nently ... are not the kind of wetlands that are nestled away, among the area's foremost bucolic, they are right out in the open." untouched lands. What Laskin discov- Even more disturbing, Laskin said, ered made her jaw drop. is the fact that the same request to con- -"I started to shake," said Laskin, a struct a house and road was apprc, 'former news anchor and Emmy Award- two years earlier for the Diachun•far , -, winner for Fox Network who now heads who sold Hallock the small parcel in July - her own `media venture: "I couldn't from among their 22-acre plot. Sincea believe what I found." ' transfer of ownership took place,Hallock Upon following Spiro's suggestion to was obligated to reapply for the permit peruse Southold's extensive zoning files in the lower level of town hall, Laskin SEE Page 8 happened across a building application for a roadway and house to be erected on . i a three- to five-acre parcel of the Brush- Correction es Creek land.The application had.been , The story entitled "Postal Becomes Presiding Officer," in last • ./ • . .. . .-.. .-......- W.•••• . .1•46.111 It ,I ••• i•I t.% :Or 11=011 12"' •••••• 1 • 1111 ft( *0 .1. 41 ... / ..., .,< .. .... ,-..4. """ - I `Ili-- ...AN) 10•1,141 Z le. ••,C• 7 t•el _.,_ ;:;::: '1/4 .1.1 \ y e/',...... -"" Z "" ""`" -z ,"4 "•LE-r—-Z.—-.121.11_ — •••••:• •••i.6 At 1 \ C 111 OP/ 14.1CI.NO. , ILE SEC NO ,111•04•01S.1 1•S.I I \ ••.0 CI \• ICC SEC NO 104 LLLLLL NO 1/11•0I•004•3 4•4 ‘. 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ICI C NO.40 . '' ' " . .. ' .'— . •' '.''' '- Allak . t.lf..• _? M.N. ._ ,„...; . Z " .. ., ' ... / 'Ili." ia .. / ...1:". i \ CA ' : RECEIVED I MAY 1 5 2003 Vat /9, -2,03 A- ZONINQ BOARD OF APPEALS 2 ' ASoa-11L- Air.d„ a-o_11! 1 ,' V C4cittL24 L A - 7?ri-i gL1112-0,LIIK SCCA- /-614._ 1 (44At ,,W02AkiTed-rwir.-Lt ' 4 _,',.ti,r - ail 1d.-. .;,„__ ---re„ 48„,„4 , , Ai/ 4u4d60,Liuu4„ t " �r C lJ Q-n _ _ c.c.L3 ems. Z' -t v.r,:wilAt- (9-2, I i , • . . ,til+, 14 , -t-01/44_ 6.6),t, twuzi „u.7_ ,ci,„,Ltr.,„„00.Adt auut ‘446 . 0Littioa.4)4,6-‘..(441:20-A 4 : „J._ 10 ck,n Vilit'A.teu9 ykrAtA. 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No0 _g)< 1 r) h -a cti d s Luis h x 77-& rkno Vr-p7+ e/ -7+ r-4 _ Vra-pe VVV e . I ' � F/e74r7 TL) TrPf i YJ P -- 1A[r 3h-irr ° 1- 1/1Y17:72 /4- L'"ir -T) 6n/L__ 1Thl°0 ho 0 r4,72/- frr, nv--n-rwrri-7 7)1-"A''4r. iner-vd?-vldp4 T-wv nrr P--4-YrrIT 4719 , /// A •9/A/ 'x,/01 ,f� ?. . • —1 T47-1 - - r4 " _prAn: / , ; i �r rpm/Oro / tr_iy2._ -6" 4911;41/7___1_, >721/64.4__ "1' r,Ln/ (19 --fri779 xvrterv-rwrIpt. iv " 1 Tif&tr-r rrr_rrP 4. 1 e 5 YLA 1 )11 -rvo 4?-07 777)"0,,---ryirr r-274P62 _u_.. 072A ( -1/-15,-77 Y7141 -0 "r1° 7th �Z� I o� ire �'� ' ` 2r7-79 . 7 -1(-11-TMArON/frl V / .0147 ►1 ' ' TO ' „9--A9 07/6 .), ritr?-rd -rr;--vr -Thorvii-wr = tb \9:A/YrTh-OrCi' 1110yL2:r1-'9:/;-6-1-1-"0 rvvf\-44/7-Cil/nrinr 02, 16/ rcZfir i-r41 ' 1P"r-tS - Y ( - /, -� I • / -� 7Y7A ' � - '‘,Na(e9 frf ‘'ArlIqn0rV i 4 `' r 1' , I — 11(its) rf4j/it I 1 A Fedun Real Estate, Inc. P.O. Box 842 Main Road&Linda Avenue Aquebogue,NY 11931 RECEIVED 631-722-5000 MAY 1 4 2003 May 11, 2003 Southold Town Board of Appeals znw" �" BOARD OF APPEALSMain Rd. Southold,NY 11971 Re: Dibartolo Proposal of B&B at Condor Ct., Laurel Dear members of the board: My husband, myself, and our 4 small children live at 400 Eagle Nest Ct. in Laurel and are hereby opposed to the above proposal of a B &B. The applicants for this proposal have not been upfront and honest from day one of August 23, 2000 at which I, Deirdre Fedun was present at a trustee meeting along with other members of Golden View Estates. (Minutes attached) They stated then the reason for this bridge reconstruction was for fire access. Not for any future income producing venture. Attached(you will see where highlighted)that trustee members Mr. Al Krupski and Mr. Holzapfel would give consideration to the bridge reconstruction initially so long as Mr. DiBartolo would provide letters from the Fire Dept. and Larry Tuthill (carpenter Mr. Debartolo hired)indicating that that bridge would be built in accordance of and "adequate for the fire dept. to cross". These letters were never produced apparently if the fire dept. claims it is not passable. Mr. Krupski states on page 12,... "Usually when we grant a wetland permit ' for a function whether it is access or erosion control and the size and the scope of the project is defined by what the applicant needs,..... not what the applicant wants." Holzapfel states "My question was you have a legal right-of-way and you have no one taking that right of way away from you?" Mr. Dibartolo replies.. "No" Mr. Dibartolo had sufficient access to his property thru his right of way. This clearly was pre-meditated. P. r1.L 44,4. • Ms. Gail Wicham states on page 11 of the minutes that"... the application is to build a bridge and go across your wetlands for the purpose of accessing lot 6.2. That property does not abut Condor Ct. That is another piece of property. He is asking for a driveway to be installed on for the benefit of a property that does not abut the town road" The B&B proposal is for a property not adjacent to Condor Ct. Having been in Real Estate 20 years, one thing learned long ago was location, location, location. My husband and I purchased our property knowing that the property of wetlands immediately adjacent to Condor Ct. would clearly never be built upon due to its wetlands. Our purchase was made knowing that. If we knew we might be subjected to non-residential traffic for income-producing purposes we clearly would not have bought here. The value of Real Estate is dictated by several things. Having a B & B income producing(and traffic producing)venture in our neighborhood clearly and ultimately reduces the Real Estate property values in this neighborhood. This is unjust. We feel this whole endeavor was planned from day one and are being blind sighted here. Mrs. Dibartolo states on record in your recent meeting... "Having a B& B was always my dream". This in itself should be enough proof to show you these people are uncaring, and dishonest people. For all of the reasons listed above we ask you not to approve this B & B. Thank you in advance for your considerations in this matter.. Sincerely yours, Iteevis* Deirdre Fedun Patrick Fedun Owner/Brokers 6 4 enc. Cc: Mr. George Yakaboski, Esq. 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Lil -041 I .,-z . ...., . _.,. 41, / ' ' • ------- i I - - - ,•• -I'-I .1 - ____ IV _Z iicri r ^5:`sG c is proposed for transition ne existing concrete st:'.t)S to the ��a� d i riJ is ,7 from i: .., � proposed Umber staff:: LI X 5 f'- timber stairs are proposed to be rCConslrJCte,d athe proposed 18'X 21 timber pia.tioir;i which in-kind and place for Gi.�'.:>S �,fJ proposed 21-e reconstructed n-iti id and r'av'es. The 18'X 21' platiorm is to be supported by (24)4'X q , 4" OCA ♦ ,rt e post•• ,,Vrth a depth of penetration iration of 5'4. A 2'X 5' r,rn j'vab:d ladder Ia proposed for ices3 to and from the v.,ate'r Located. 2635 _. Laurel Yey{ MG5t1t ck SC-R/14)21-4-13 . i theal;o , with the condition that TRUSTEE Y.FL�?''��.! moved to Approve d�Js:)�IG�.•._.r, t��OCA la not used on the posts and there /a is ' - spacing on the deck. TRUSTEE a lJ.'iL i\ �s'i,`,i�)ri e."..rvOi1C='eC. !".�i. AYESC ) to a j --N-4,, o 8. Costello iJ,,77I ar'i1 (.�(';i-j"C�,of r:lj on behalf of �t '�-'t 1�.e>;b•AS- t;t'�I�r to S..� T�i{y�.3 equests �i - abl Amendment td Permit :1:�?0r1 to install 10(. k armor in front of the }.lSnC[d. PM 1� 0a Located. 21275 SoUtiCiVi�'w Ave , Southold. S TM4135-i 2 tT, TRUSTEE KRU°SKI moved to Table the application and the t33:ru 'mil i.3-'v1It bLE aQ CO M the site on !y 15, 2002. 7!" U 1 .. lC IC SrP:RS�•b c ar '�+ rL AYES ((''''cc. 2 O to ViC 7 OR .& MANY z t PA request a Waiver to ;r'st a;! 123 of 4 high black vin i '" N. ch&I ;i;K fencing with one double driveway gate Located:: 580 Basin Rd , Southold SCTMt89•1-16.7 TRUSTEE rC i ?SN moved to Approve the application ^ it the CUndilion that there is art 8" space on the bottom. TRUSTEE rE f NG seconded. ALL AYES 10 The OYSTER FACTORY requests a Waiver Ic erect a fence to protect the e ` the demolition th iildir':CJs because the Town has property pi i:.b' to and during of the Ct ,•.. instituted en unsafe building action on the properly. Located: 2835 S iipya rd Lane wast Marion. SC M#3f8- -% 1 TRUE lEE POLi iC.D . moved to Approve pprove the applicaton, TRUSTEE D!vtERrN seconded. AI AYES PE'rER & BARBARA '=" n request a One-Year Extension to Permit 45211 is doandreplace r' 4{' groin. Located. 2100 Park The C?i'i��'rVCii1{ left to la remove the 3 •}.+J Ave., ,t SCTM#123-8-8.1&8.2 1 RU,STEE F T JS ..R moved to Approve the a-pp c 1[ton, T Reiss 1!:'v KING .. t i.'tY. t seconded ALL AYt� J 12 F'.?'+.. OLO Di Ak i OLO requests a One`Yeat Extension to Permit 45207 to construct a. = -' =.r-d-t•r•+tp_od t,tr -e:-.ck-`_. t3ne,y4GaT Yl ',1 i.5.-4 ITS e--,Jtr-et� •r]rT'� [i..v7 a!'•1 C�A.JYrt -,r)LrCi• ar1. KT!.-_u�.�_.._ _jw_ _ - ____ --------7---7° c-� o..t -ct•iays �-.?r:_l C:r'-r trt.S1i-c.ti,5 s 11N!tf1 Ci iv �:t-L �:7c:?�-e "4'7J Ct5ricl'tr 1�;:'�Li.. Laurel. SC M#127-3 3 2 TRUSTEE KING moved . 7 Approve the application TRUSTEE PrIWOLA se'c'onded ALL AYES l T__4\1)2 RECEIVED Mr. &Mrs. Richard Valek MAY 1 3 2003 250 Condor Court Laurel, NY 11948 d:610 eq-fi'`i ZONING BOARD OF APPEALS Southold Town Board of AppealsI/7-�y .. Main Road Y 0 Southold NY To Whom It May Concern: For 20 years we lived next to rental cottages in the Hamptons. When we bought our house, the cottages were nicely kept with well-screened tenants. After the property changed hands some years later, we watched the value of our property plummet as the new owners neglected to maintain their property. They began to rent to less desirable tenants whose discarded cars, furniture, bedding and other items began to accumulate in their back lot, adjacent to our back yard. We never imagined we might be faced with the same possibility here. We choose Golden View Estates, knowing that the taxes were among the highest in Southold town. It offered quiet seclusion, away from traffic and strangers, a safe haven for our family. We oppose the opening of a bed and breakfast in our neighborhood. We feel it will compromise all that this development has to offer. Sincerely:_,-4t °L2'4r4j/eQ,C6241L Sharon Valek Richard Valek '1 S _- Maureen Novak 1 • — ape 655 Eagle Nest Ct. I Laurel,NY 11948 L . Tom and Maureen Novak �' 655 Eagle Nest Court ifD Laurel,NY 11948 MAY — 8 2003 Southold Town Board of Appeals May 7, 2003 ZONING BOARD OF APPEALS • To Whom it.may`concern - On April 17, 2003,we.attended a public-hearing where we expressed our opposition to the Board, now considering the specialexception requested by Caroline and Ni'colo DiBartolo, allowing commercial use of their property in Laurel, to operate a Bed and Breakfast. We had , also written a letter to you prior to that meeting, that is in your possession. Granting this special exception will greatly compromise our backyard privacy, due to the fact that the road/driveway entrance that is proposed to enter the business is adjacent to the entire length of our backyard, and lies just a few feet from our property line Our property is sandwiched between Eagle Nest Court and this driveway. We cannot understand why the Board would allow a private residential driveway that borders a backyard,to be used for commercial business entry purposes, and we will consider legal action against the Town of Southold should this exception pass. We hope that the Board uses good, sound, fair judgment with respect to our property rights and our ability to continue having the privacy we now enjoy in our backyard, and deny the use of the DiBartolo's property for a B&B. Sincerely, Tom and Maureen Novak / • `� RECEWED MAY - 8 2003 XV�^'°` C�'V y ZONING BOARD OF APPEALS 041(-- (A)44- )t9 C4dtAel•-• e.-er/d-OA-4--• . t.t-S,e4N-1 We- ----- `8� 7- Br-8 026QAL W-e - Orde W-t- , r • a./ -- _a-CatA-G(414 - -- --= �1 - - _L -- -- - - - Y Ye -P - - - - oio Ae—ke-02A -) N.,A 01,4n/ 4+ jaAILQ,ii WAAL- ,11 /MAA/tal-A I i(LZA ` � - -e- AU-3e eckAA.ir /(--/-(k..t A146a1-4_, at(2'40 7-L.ed/L /AAA-A. s 6LeUrre-f-ce Yz. ,e;t4-t-t-e-s-74,da_s2 614A-d-frik.p,a2A-e.. dt-,to /ma u,,,friai..e.t .0&;LSYked -WLe_ -- . A fie-- .e tak-e-e e " " ' , L -e&-rLs) 15 f a2-e-A-e4_, co-i442-e_ , 4.6-“4... ,,2641 (6,,a..)61, (Mit- -of Y-te_ „624-vp-Ri\- --t Cgrt4A1-- keti4-1_ o6re-t2e3,0_,attypt,exietzx _ ague_ _ • 61-4A,4 /i4(,�JA 2e Y ZD . . . .C.45Y)cie,Ga-e.o:2- .,Le-pAzi-e4-.., --Ig-0,4"..A,6 401.ze_a,44. , • 1.0-cA-1 Yett-L U5-0-cad_ Yiee_dee-e371/4, )4%. 8 ,02,s4A1) deAl d, 41- rt-1/1-? e-e5-YiAjtj2-441712-1 7C16-131-f"-- j2vIcP-6-4-"L" ____ _ e.„ �~� r��_^ ,= ~ � == ��~ g~-A~ -- A*4 ^ • __ --',_--_ ---_' re-c. oro?_ ---�� , rz-c- ' `IY7 . , _- - ~._�~`�~-� -_-'_-- - --_--__ v ^ �� Co----- - xib . � , '/ '` � �� "� ����� �/ V - " . . - -------- - - - -- --'- --- -- - . � • • r „ „ - ) -A RECEIVED MAY 7 2003 ZONING BOARD OF APPEALS SAa/2 /-461-Q1AAAC V(‘-, c7 Y-Kfiv ate„ c,)-5S - VILAgiAu6 ,i\u4rAct 5:V*() " pP\ ki\o/f\9, 7O ri- g t REC ,, ,D Qil APR 2 3 2003 WSf BOARD OF APPEALS April/19,2003 • Southold Town Board of Appeals 35095 Main Rd. Southold,NY 11971 RE: #5254 Special Exception Accessory Bed& Breakfast Dear Members: I left the meeting on April 17th with several points unclear in my mind. The meeting ran overtime, with neighbor concerns and was closed before I was able to respond to some comments made by the neighbors. I didn't prepare a written statement to present at the meeting because I felt that it was a simple matter of asking for a permit for a 3 bedroom B&B. I thought the board had all the pertinent information in front of them. The first point that I'm unclear about is , why the 28 day delay. The second point is,why the lawyer from Edgemere is involved. Edgemere is a good distance from this development. It was my understanding that the only objection by the neighbors was increased traffic and access through their streets, which are my streets also. I was given the address of 475 Condor Ct. by the town almost ten years before any of them moved to the area. I don't think that three or four extra cars going through as a result of the B&B will cause a great problem for anyone. They spoke of delivery trucks and commercial vehicles. There will be none of those. The amount of supplies I will need, will be purchased by myself or my husband. As you know,there are several B&Bs on the North Fork located in upscale residential areas where the activities of the home can be seen from surrounding homes. My home and property is totally private and can only be seen in the winter when the trees are bare. I mailed out the certified notices required by the town. In addition to that, I mailed out 20 personal letters to people on Condor Ct. and White Eagle Dr. (a copy is attached). Seven people visited. At the board meeting, they commented that they were not told. It may be necessary to change some things in my driveway to give better access to the Fire Department. Please let me know what needs to be done. I might add, that no one has commented in the past about a problem of access by the FD. Sincerely, Caroline S. DiBartolo April 4,2003 Dear Neighbors: I am having an open house for neighbors here on Friday Morning,April 11 at 10:30. Our construction is still in progress,but I would like you to see what we are doing here,and answer any questions you may have about our proposed B&B. Please invite any of the neighbors that I may have overlooked. I look forward to your visit. • Sincerely, Caroline DiBartolo • si 3-'7 -•= , Attiii-LZ-I. Y4- cdad-Lc2 etA4- 1.1CL6-u ' Ltb 0.b-AL JaLvaity-tt-e---eq._ L r:i 717 MAR 3ô3 Cian. _11" , r` s STATE OF NEW YORK: ss . COUNTY OF SUFFOLK: ROSE DIACHUN, being duly sworn, deposes and says: I reside at 875 School House Road, Cutchogue, New York. I am one of the owners of premises at 2146 Main Road, Laurel , New York ( Suffolk County Tax Map No. District 1000, Section 127 .00 , Block 03 .00, Lots 006 .001 and 006 .002 ) . I inherited this property from my husband, Leo Diachun who died a resident of Suffolk County, New York on March 28 , 1987 (Surrogate' s File No. 710 P 1987 ) . Contained on the property are a house and two barns . From my personal knowledge the house and two barns were built before 1948 and no other structures or additions have been erected since that date. This affidavit is made to induce Fleet Mortgage to accept the above representations that the structures on the premises were erected prior to zoning and thereby waive the requirement for a Certificate of Occupancy. C0U_..4.--in-v.--4A.A..,Y0 Rose Diachun Sworn to before me this 8th day of March, 1994 -////._,,ezt ,,- C/0.—e-e;"- ar Public ' MARY LOU FOLTS Notary Pubic,Maio of Now Yak No.1000958.Soft Oompbew Who clot SO,i it . 1 t •A, . n g'• 1 '}. '•e�'- 3 ,'' 1,. t s 2.IP 4�0tt `� 4. .I'�. C r �. ,i ,i,• ` 7:7 � •-Y ,- .. 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Wooa N� b - ZONING BOARD OF APPEALS OVIAJUCNIA /31 We the property owners and residents of Laurelwood Drive, Woodside Avenue, and Peconic Bay Boulevard, as members of The Laurelwood Estates Property Owners Association object to the issuance of a permit for the Special Exception under Section 100-31B, for the establishment of a Bed and Breakfast which has been requested by Nicolo and Caroline DiBartolo. Z ',Oa) %fit e 990 d Si . � 9 � atAdf mord( 377-1^ .fit,► CIA q,' • ' d 1 , . ,, SOS Lawa4k)-0-6-a -bAA;)-e__., %trai3c 4, ;y7/ , tiof 44,1_, ild C 4' IA r6 Z 11 /76 Ota s; de Lant La,oft.1 /1/4); ti N-8 � r5 e cyr-� 7Q 1Qd�5vA ,. e \...otvte Lavrd U.)09 J-0 4. #s /7 ds LS C U,o0b . NI-yKsi 0\ASAciAL IV '7-ie1404^zi /c7C(arscornd aira M)- TMS .7A-tvlfS Sfiu E 115b LiVeL IOdC p(WC, Mr .4- mrs: iZn LeH (�crl.i�.GI,n Caw I c,V o r, YLoe, 614.4_vv." 79 s 4 cNo�i9 /J''- 0. ei /kiJrd, ,,gx . /(mo oke,tt: .>. 1 'Os- - f, /- . f,/,- er 6), /? e ,# 1/7y, 0.1, e/fravz G -e_( 4))1 /19 R Ve", ...)7 ._.21-- ---> jel/J ' ,al/ s- / 4v-kitc • 4 I I" 1,47-a,e- A.)- ki e?, 4,, „4-4 ,,J.Y/ ismow . . ,,,,,,_,,,_19//9,/ 12'41/4" / l /0ti 4v,,,,, n ii Ty( . / i / \ si - 9, /010 I , 72 ,(7 sz8, Southold Town Board of Appeals Southold, NY 11971 RECEIVED • Tom and Maureen Novak MAR 2 8 2003 655 Eagle Nest Court Laurel, NY 11948-1429 ZONING BOARD OF APPEALS March 26, 2003 My name is Thomas Novak. My wife, Maureen, and our two children, reside at 655 Eagle Nest Court in Laurel, in the Town of Southold. We are longtime residents of Southold town, having moved to Laurel in 1999, after residing in New Suffolk for many years. We are writing in regard to the application submitted to your office by our neighbors, Nicolo and Caroline S. DiBartolo, requesting permission to operate a Bed and Breakfast business from their newly expanded home, bordering our property to the North. After receiving information about this proposal by chance, and subsequently verifying it with your office, my wife and I would like to convey our.,.strong, ,opposition=to this application. Our strongest opposition being theuse of the entry, ,, they plan on using for this business. It is accessed from Condor Court, and is a narrow dirt road that lies only a few feet from the edge of our property: Due to setback requirements, placement of our well, and the fact that our shy-acre lot borders Brush's Creek to the East, requiring strict adherence to Town and DEC regulations regarding clearing and preservation limits, we have almost no buffer in between our property and this dirt road. From this road are clear views of our backyard, deck, and home. We dine outside on our deck, relax, entertain friends and family, and swim in our above ground pool. Our privacy will be completely A,01840 compromised by the flow of hotel customers, vehicles, pedestrians, deliveries, and l ` hired help that will potentially utilize this entrance to the business. When we bought and developed this property in 1999, this road had pre-existed since the DiBartolo's had received a variance for it in 1995. As told to us by our yneighbors in Goldenview Estates, who had been first to develop property in this r. CD .y subdivision created in 1986, the DiBartolo's applied for the variance to build the ,Throad originating from Condor Court, a Cul de Sac within our subdivision. At the Pi'-' variance hearing, the DiBartolo's expressed the difficulties they experienced 5f71. traveling to and from their home using the existing right of way, that begins from the Main Road, consisting of a very long unimproved dirt road that crosses through agricultural land, and over the un-gated railroad tracks. The DiBartolo's appealed to a few of these first few Goldenview Estate residents present at that variance hearing, to not oppose their variance for the road, and the Goldenview Estate residents agreed not to, only after the DiBartolo's verbally agreed to limit use of this road to residential use only. At the time of that variance hearing, and the subsequent decision made by the Board to approve it, the residents that had yet to purchase and develop their subdivided lots, and that were most affected by this decision, had not been involved and did not have an opportunity to voice their disapproval. We, and the lot owners on Condor Court are our example. These lots were developed a few years later. Another strong opposition we have to this proposition is the fact that our well, from which we receive our drinking water, is approximately 40 feet from the existing dirt road leading to what is now just a family residence. The increased traffic to and from a business, increases the possibility of contamination to our well, and our water, due to fluid leakage from these vehicles. • This proposition also has potential to impact the wetlands that border the Brush's Creek. This hotel is very close to the creek, and numerous cars parked near the' creek at a multi-dwelling site such as this, will ultimately leak fluids that will seep • into the ground, contaminating the delicate wetlands and creek. We oppose the potential use of Laurelwood Drive, Laurelwood Drive Extension, White Eagle Drive, and Condor Court, the roads leading to our homes, for the use of this proposed business for deliveries, guests and other business use. Laurelwood Drive is the only entrance to our community. We purchased our home here because . the roads are less traveled by the general public, and therefore safer for our children. The residents in our community did not anticipate a continuous flow of commercial traffic to benefit one neighbor, as is proposed. 1 The fact that the DiBartolo's have completed construction on this proposed p posed business without fmal approval puzzles us. We would not think that the Town would have given the DiBartolo's pre-approval without following proper lawful procedure. Why • • • 1 , would they make such a large investment without even communicating with their neighbors? There has been none to this date. Only the Dibartolo's would benefit from the Board's approval of this proposal. Many residents in our community will be affected negatively. The Town should vote no for this reason, and for all of the reasons stated above. Thank you for your careful consideration of our oppositions in this matter. Sincerely, Thomas and Maureen Novak C)4 \AIANZ. 1\1\4) C131A ULIW-VN CQ\. °1 N‘'01/4r\2- "V" \AN\-4-4_, \I\f„Z V, 0 6 -(1 .193 k( ) \tAi. VV62-42-k r--8 OA- `I C �� U s e S \- 'N).0 \\.LV`t• cc. S "Fto-lev. Alsz— we,: ou Q.. 0^1 eiNS- \Ncoc.V. oL--) • • Nt_ K21j7‘ j RECEIVED RF('EIVED APR 1 1 2003 • APR 1 1 ?O ZONING BOARD OF APPEALS ZONING BOARD OF APPALS ATTENTION NEIGHBORS Please be advised of the following: l, .146;i:01N-i&ii64iii&eaki4, ‘ 440.1W,court i474*, *414 !•L iYMitelo-1-62.54fWettOgfIlit'k . tifidOrir* Pfr.,,'itilS Special :-F;x4tiw-40•00:*ia *(0-4.0=No ::,P,Ocwoc4M' 11 Condor malm.to,,wsKitly,*;owo ' fmtot-:P*OVIMOini7A.OV W:cis4totimow:04fi4.1100 4g:04: OtjOg',0',*-akt0f:V:2 tfatisi&iit.iii4ks,-'iff'-diipiletiLiii. . RECEIVED APR 1 1 2003 ntjotj cAyri At44sA, F4juam Unfortunately, the DiBartolo's w -- ' - ::.: . - : .. . PEALS our streets and neighborhood as the entrance to their Bed and Breakfast. In order to protect the quality of our neighborhood and to keep it safe for our children please attend this meeting to show the Town Board of Appeals that we do not want our residential neighborhood to • turn commercial. • The meeting will be held on Thursday, April 17' 9 . 2003 at 1 :40p.m. at Southold Town all® Southold Town Board of Appeals April 2, 2003 ' ' As residents of the development known as Goldenview Estates, Laurel, New York, in the Town of Southold, we have signed this petition in order to document our opposition to the proposed use of a fire access road, located at the end of Condor Court, as an entry to a Bed and Breakfast Hotel, to be operated by Nicolo, and Caroline S. DiBartolo, on the DiBartolo's property, adjacent to our community. That application is now being reviewed and decided upon, by the Southold Town Board of Appeals. The reason for our opposition is that the DiBartolo's .plan to use Laurelwood Drive, Woodside Lane, White Eagle Drive, and Condor Court, the only access roads to our homes, in our community, to gain entry to their business., This business use would create a steady flow of vehicles by B&B guests, deliveries, hired help etc., through our community, and the increased traffic will pose safety issues for the many children that reside here. These vehicles will compromise the privacy of the residents that purchased, or built their homes in Golden View Estates, without the anticipation that a business would ever be built, using these roads to gain access to it. For many homeowners, the fact that this is a dead-end community was a major consideration when they bought their property. Pedestrians from the business will also compromise our privacy. We feel these issues could have a negative affect on our property values. We are not opposed to the DiBartolo's attempt to operate a B&B on their property if the access road leading to the business from Condor Court, in our community, is closed permanently. ‘9t3 __ _ - lerw,,,,,,,,,,,4' iii,„A . -- 1 cc .'i±' .. ' s1.-.,0- (..f.,,-*- ( Mouktteo fi.e.-e,,a, . 6 55.__ aT2e, 14-e.tik- N- huAA-e-P- , .., . *., '.......e . ..A --_ -__I • 3 5:c._,e-4,s1,...iii=s477CL L.,c4 tiavt_r____ ./AF-4, • - - _____ "fr./ — "_ ' . i#,E- Alzzr er z,,,,,gi , , c6/° . . ,7-,---,--1-igrqL /1. --c.. T._OF illii,E ,thk tid# , 1:‘,1j_io , -7-i - '\J 110, L-fr_SijAih e-c•i -e &-6'6. A4' r',hid:L.4AL J _• -tx_P rttoi.. . ' - ... - -- --_ ___ i ---11-Quiy Statd _ 6.5Z_ .1., • .. . - - .' • _ . . . eied ...___ ,. . ._ .3,0P? 41° 671141, , -- Pr lOuftgbe . _ ' 4r A 11 c1 V ---•a.-- t Z 1Do eg & CT la U M.. -__ _.- ' 1"-- ‘-* _. r._-_t-tp I JC.!-C.-J. ..i-,-7;___4_-__.4a/c't! -( ' -zie./-. -. .j--- '_ Xlig M ' aS:52.... ..E At. cf.-___241-6"..........„- ...:_er. a.zse.........11 _ 267.0__Eac-LE _ ' GT. Lfa )REQ 1 .:46Aitz-z_l _ 4v, U (Zen eitt lj C- ----#. :1-- 4.- -J2 — T ,," L t4/)( -_t-X:, --Ar4:_akat, (1.Z0 While .:-.:-/i / ' ..&. ) -- ?Lik- 4i,1-0.44 4-- ____ __ i_to 6qe . - ,--tcl Yv:,atia, _.. _ _________ __,s: 4_„,,,e„Lo.2 101 .:--30.12(2, 5t0i batzetzX • , 3 so rl _. '"- L7LJOyyr_ .1-- AY, tr 4 6 A,5 � __\,...?_._(:).._. 4 3.sp C . c,T. t,Roat_ N y. 1141(4?) A)LtFa , . .. .. . . ,.. . . , . . ' , . . . . .. . ,.. , ..Alimmismompago ("7; ... . :',••.‘,.„.•.,..i:(4 '.., vi. -• V. q _ .. o -_ 015--D cm)2L e..-7-. ... 1_,..jog6L.. ! .. ... 11 I . t \ 4 \\AA . • 1 \ W * —. ,... . - __14) ‘e/ Lief ._ • .. .... Vf 355 1-0/W0K cout•r- ._ , ......,, 1....-)Ci.ii•jr< ....s‘"l , ....4.... ‘ 6. , FA ; 6 Ar..s....J : .. 1'7 1 4 .e, 1._:.. e..e 4. i 441 i." , . 1(4; 4 IZ..-75 whri-E_ el/s$0L- _c_.1-)ja.iia , 4105- 674862 412.S+ et.. __ - --. i - - . . . . , . . 6,1-fA NOTICE OF PUBLIC HEARING THURSDAY, APRIL 17, 2003 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, April 17, 2003, at the time noted below (or as soon thereafter as possible): 1:40 p.m. Nicolo and Caroline DiBartolo #5254 — Request for a Special Exception under Section 100-31B, to establish Accessory Bed and Breakfast Use for lodging and serving of breakfast to transient guests,,in conjunction with the owner's residence at 475 Condor Court (extends off the east side of North Oakwood Rd), Laurel; Parcel 1000-127-3-6.2. 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: March 24, 2003. Lydia A. Tortora, Chairwoman Board of Appeals ar/ _ 3 _ 3 FRear','crc eteci FRAIL,0 In „ � aiu . N;y, art -3 - . Boned ia.cl-.0PO,Box 61) 1-61.1-r4 ( 7— 4— 7 y 1norrtY ��'Ylccr�rc'eri 'V'C' /G - �.�5 & 144,4451- c.7-, £&r.e-/ —. FC - Yri r� YYt rS . 14_o MCLS- .Cal"2 - 56 rj �f,e %1l.QS p' CP a? - q - Sa brow ski. d° ,�,' g u� N y- 3�• c 4 `I-�a�c1. ►��c s 4-5((G 9�. h'ia i'n `, „�v 1Y� �d 1161 33 4 rz\gip Bea. s68, Lewre(' m17 L e 2 h;n to (1)Q1. - «A.c. qty 35 3_ 7 Alekti t43l4w 11/atts.er(i,.. 6 a ci.N( . 796 I A. L tr"Nt 1lil� J • blof ')„o2 . • a r s ' y u ,- �. nr-o m $ _ 0 Ut- \3\ .,' ,\ �,,i, -1(5--i, t 1 . ; (t. ft '' N� lug V_Th 3 wi , 1 -3 .t"j) ,, ,,�rj b ZONING BOARD OF APPEALS JUL 3 3 \ - 3 —C -c tO'W 1',OF:S.OUTH.OL-Dj'�IEW YORK'S'" -"' �� �1 �' Y 200 • ` } `In`ttie lUla'tterof t�e�Application of .3,,2',„,‘ „ ; f ,,w� ` ''`` °°�° mars ,i; fuu., i c,V y ; ) �,C7o `A/6Q-- _ n AFFIDAVIT ;e 0 t \ \; �; .C--10-1AV U.e�`,�/Vied '-�l 0.ei T10(1tr �' , , . - ' - = OFS ' (Name of Applicants) y • t- ; , 1 , s MAILINGS , . , . CT_M=Parce141000 \ \ COUNTY OF .SUFFOLK) i . STATE OF NEW YORK) • 2Ojjj(Al .k ,j)-4.160c461-14) residing at i7,--a17 do i''ecco^r.. okelu1/41,e_t , New York, being duly sworn, depose and say that: On the h ir day of -ikly , 200, I personally mailed at the United States Post Office in 1...4_0±€4 , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a truecopy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current ' assessment roll verified from the official r cords on file with the OK) Assessors, or ( ) County Real Property Office o,,r1-1..o 1 A_ , 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. £14i , . ,. ignature) • Sworn to before me this 3 I qday of , , , 200 3 • � /C '/' SALlYf3lADOS (Nota'aUb,IC) Notary Public,State of Nen Yak No.4799955 bualiified in Suffolk County Commission Expires June 30,20 Sa • . 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. . A 41 Y ,. P F } , f _ otoµ✓v aw.' - ---- v _ iv„ 0 D e Vkes �w(ilAd�. Y - k Y> '_: - `$asgl.04:14... e ,.a ,;.1a 110., e',",^:: under%S .tiF s Q0.7 ?=h E ':-.. ,, : - -.. 'l1ran: a o:2 9i4.4140.441.', •` 'N, ,s``•' y �,ting.;1ai i.114. x i :..�'. 9; 1• =:'taQ]LstO t1e'.; ppLLLL.•1111 �1 �..: }� U ;�) :: !"'` ir. .'of rs3*t �A' 44.01:4,,,„ ' ' ,i ;�l .y 01 7 feet the' ulkh i •e. '.'.S. hr ''iii; '•`"'airy -> :.Q" . d'` 4t)„' r . .'Yv''r �R .��,e�i?;7�i��'yiyti. 4tr...'s y!'y-,K,s. %,° ri °?:G is 'iiia' f9,', • •e.-:.; ;1%,',501.44:,....;,..;• .. . -'E9 c'S.+,'% 'zoe'1T-, ,,- p :e' `' y „ A1.:..,;::,. u.Avi ilif� �h1.t-1-1---r-. .,. i`� f.�l "•p� �Ir.,,pie• ., aw O'�.`. :8,' ' .`. 'g'i r 374.�'`�ase ' '��. '�.y"' '�"�Yr�r q't'r �•�,°��'"�'�. 'ij:'.w a ';`,:s-,t.. .p 3:", "a‘-..;•:.',..::::-, c'1'- : 9dutf.„,g_e�artx4e2. `r.. arc _ •' ''•` s o ce of isa oval;::" �„ r,,„ ,.>; n �",.!'.! ..4 P4r'K. : > r xfP740600-190-'244 uSt a: anCC ;fi"b� e on..100=244..t l.'ocate '5§i)°:.. . W.,. (u:dwelliag`'atw`!esylkianl `5' n 1-00A-al-147:10.!-,,yjry� oT feetmorn;t1-ie;front,;lof, s,. at' 1.9 _4:.,r-.Y•'1'a'.',_Q1:.:.:,`'.' `H. `.23' VI • f ,E0e`)r37riv. ; 9:#..1alit dit.vist .i :v ;:•'a Zeit•p`) . D.-3,. _ „ 3;5„:.-V0,., - �I/' Y-$ 'r , t, -'k: y.,` ...; ` D::MAG= ' ...:0.',•';'; E .q}7 _ .e :62. B4 ed <: =the' ; • ,-,,ix, .."-.; ,r ; Ati4:: •;a a n- ,S4zi., r �0[ ciofriTgo ,2;8s• art efit:,i ., ••'�•�.,',200 p 9 67.1f';s'r •ariy'al;- COUNTY OF SUFFOLK ., 3 .lit 3 nri�_'., :• @ '.ossa sb:ai}',A �.:.A� . .. r` C 04 is - STATE OF NEW YORK ss: :'.4° *' ,F' , � ,,ll .4. , :2 a •`e�`-''''r. '• Lise Marinace being duly sworn, says .'C ii..,A r 0:i�• /-7 -:i' 1i ,,..,, $,.2,2 . II P.711?, • .w Vi: ,y.c 1 ; ..,!1.,;,.....;._ ,a,-..,.1.::14,;''',." -,'J •,-frQ that she is the Legal Advertising ' ,:tips.!,...?,' ... - ;x ,,; e. ;ti:.y . _ ,' =?-y1j1Irr > , '�Iee- Coordinator, of the Traveler Watchman, '`' of i:^ -''•'•;0 ' C>° t4:;:- ti _' R I' apublic newspaper Tinted at Southold, ,y .i� .:5.�-fl T� t, a) :o s)&r printed -3 • t tif _" �j' `�'4g.'': in Suffolk County; and that the notice of ' ;'ti. ' , '0.'a a-r c a,�a sig. ''f ,, _:Yq,c, e i ' `: which the annexed is a r„ ,. p�4, r �p printed copy, has ;,4,44;.7"'_;;: ;= :,: A;a;;i.. :'-.''''.;.;04;,,,. ,,,,.1 ce` o D1been published in said Traveler ff:.,0#s' -,i �'" sir , V1 'a y,. ' y,,l�;``'= =per^ �'°� ' d ':_� r ' ' , `` Watchman once each week ,..k,. 04,i.„' aa�)��t0" _ _. 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No.UBLIC,5059984 :re�� €0s' `hep s ...p- :,:;aa a�.d 3 0';s- ': V44.'140 i'o�011:4 s Qualified in Suffolk County 24 vr.. f ;i p;2`,' ' f0-11:4pi�,' :t i s.:7,, 'V s'4' Commission expires May 06,2006 - _ :ir`i's ' i''' a a":o "fa` lei s' ,>Sq 4 ''paro6l";and0 c6111 et,.1 aG-.,C: -..` . *illi' t'r`tial-; `e it li}2�g,dnT eYle*.iiiig:'47'r`6CT ,- a_ ,,yY :e :a�t? fe'e' 2) .as sq.'ftzf;� rid viwith aseLtb at 4. 7,1,1' -.- - t' 'IIT•W •' � t:' � F wY �•'--i' I x•�' „p'IBA: �p g� C 741 .,a.i •,,: 1 01 5 -' l'eSs, n.,liDet`fEb _ - .,T:'Tt , �I: "^',; , *2 ..PJ t''.:J¢�.i� P !,+'c Y 1�.."ll��ii .t '': Co N °'f. ,0:14,6e40,.4 -2,,," ►L egi�'•,4�'0 s a re�'+cab'a} o' ��7.` "• rl °`�av';•,.r.,i - _ r c1 t -,1A3,`�i�-YSBt,.O'.: ,5' C_` '"#,#5;‘P4'..::: I�,$1 s-,.i,' t. '; g . ;P".` Qy� - `�4" +�- '111Sf:of1`C ',Q,�- �.:.i'•:c1�'@�Ao`Ptr?`o o c� .�je� ::�•�'x "Y 1 1 o', t` ' xC 49)'::Or.7,~~. CGt O1L� - - • "'''• -. 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Tvlareh-' ==2-' r tathe' t amended tear't 't�S10e •:th f ',,' i ► COf iS3p 104. �• �0 ,2003 app'licannts head of•350 Budd 675-15. , ad • Mqu's ° " CTM#104-11-12.1. Southold;•CTM#56-5=15. request a Variance under 162 for reversal of';the Building `10:40 ` a.m: MEP$. Sections 100-242A and "100- 1:30, ,m. OMNIPOINT Department's l otice of DOROTHY. AND- SUSAN 244B in their request for an COMMUpi�lICATIONS. Lessee Disapproval, or (2) alternative- U11101.#53.70. Based on the amendment to Building Permit (and GEORGE L. PENNY, ly, a Variance under Section Building Department's March #28945-Z, for deck extensions, INC Owner) #5357. Based on 100-162 for lthe location telecommunications applicants request a Variance the required 40 ft. front setback 1, 2003 Notice of Disapproval, towerat less than 300 feet from under Section -100-244 for an and 50' ft. rear setback; at 230 applicant requests:. .(1) an 'as-built' deck addition at less Wunneweta Road, Cutchogue; Interpretation of Section 100- See Legals next page/ / ' .r 111. --;`,.. .,...,'?‘,','-'.::,t,:*,...,."_','!,'!-,-,'-:.'s.,','-:.'..,'':.:',,.-1'.,t.,'.t.;.f,.i::1,-,t4!:-.7,.';'',.:. ;leAce.,,t,...,-:.-.,!',...;.:_'-.,..,,,,?,,,,optiratr,9,-,f9.e COUNTY OF SUFFOLK ,W 606k6arci*Ii.i.i.*);..-iiiWietiaiiier i3 - :,,14,•:,,-t•grf ,WilItiafrii-Ti.7.: STATE OF NEW YORK ss: 64.1 -itaftgoinhtWgollatif.tlieJo*Ir 12-..0:.SAII4-0...,,Dett41.0-1v5et04' Lise Marinace, being duly sworn, says fp..,$.0V..1.3•1101.47.,',UONEOPAI.411/,:. pr.:::-. • e.'SNIrgitf dill' Coordinator, of the Traveler Watchman, :50:95MainTWjektiek(if.raok' , 'Cfg' ".!-'9 ViliffS.MFTRii4V4-, a public newspaper printed at Southold, fUloos,7;i4)114,40-6.6-Ajoi64:-. .gpvv-.;...-,g,',..4KiPSIP'A;-:i'fili.VA which the annexed is a printed copy, has _lidigibrOfiiiti,'I'll.:=4,W4,ifI6',•55:pg4.ii•,.., -4;I.ppi,!,; kip.., t..,5-1,112,1iSikV!Stlii been published in said Traveler -:t4Iiii3.0klini,}1Vi§likigtitailiicielub.'. ',1,..941;-..!.'t#P$T-,aSSFtit'21Y.,;(ggit: Watchman once each week ;:.,:abit-..rd ...76-iitt074-04,,vievati-iii„ _:-A,4-74.,,:.45, 01-NR,4p,wig.„1)2g, ., 2003. -.'. 4iitiii 4'4,:tiall)0*.oVAM-$71YOfffi':7fi ,z,,di:,,ifi 7.111-1:01310:IffYiVir? I., , „,,11.46Ii.,..hwavisocmEastanid ..:7--...PALC51...045154546;VM..11R41.Y2fk• . — kiln .2rIlltb46,0561tiligigiiiitaiii:''''.'--,,,10.4ci-:114140.99.40-ii-a--AMY: .7 -1,5dirit-16that4001/656ifti.iig.-:,7.: '-,,,Lilpii&-.:,%),,,I4P, 4.,...Y-Fiw..T;''-`1°-,.Yitill .,..;6--fi:15,0p-..ei.a.V.Pt-0,6.0-anyor„-;,2.,1.11,;0As$4-x, .4$1,--ARgalgN,O., - v ,..„ ''.'IVA;Tar0014:90.9-.;99.4$14 .- ,44.4iffit.w..--t...,4r7r4- .11-'...-,k- -- ,:PRs•Fart..: - ,'':g4iitiii019(k8SOOkkgOditoliy.,flie-,',.-WOO-At: •••••4 sk1,9-:.'Y'air.--',101 cii No.01HA5059984 ',.,,„.„,„,r_.,.. „. . &NO.-' 19 -.OW@ 4116.tin' f;St-,;.-Rdi,(481-Siidtholt4;-- STAFVW,;-•;,,41,Of-i.-§ffttg%ligOli. Commission expires May 01,,,.rf.,.. .-!.$:!,:,',.....,..E..ti-,,,,,t,, .._.:13214..4,04,0::,e4.:;”, .0"'fittititat Appi-a-aa.i-p—riopti4;• '. .,liP,,::}4.1vP.A0ActicB*Jr.pkwe,2 #14,,,,*„ .. 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Box 1179, Southold, New York 11971-0959, on Thursday, AUGUST 21, 2003, at the time noted below (or as soon thereafter as possible): 2:00 p.m. Nicolo and Caroline DiBartolo #5254 — Request for a Special Exception under Section 100-31B, to establish Accessory Bed and Breakfast Use for lodging and serving of breakfast to transient guests, in conjunction. with the owner's residence at 475 Condor Court (extends off the east side of North Oakwood Rd), Laurel; Parcel 1000-127-3-6.2. The Board of Appeals will hear all persons, or their representatives, "desiring to be heard, and/or desiring to submit written statements before the conclusion of the above hearing. The 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: June 24, 2003. Lydia A. Tortora, Chairwoman Board of Appeals O\OSCO ELIZABETH A.NEVILLE �� � 'y � Town Hall, 53095 Main Road TOWN CLERK % o . P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER 1p1 �a�"��� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER .��� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 1 TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 14, 2002 RE: Zoning Appeal No. 5254 Transmitted herewith is Zoning Appeals No. 5254—Nicolo DiBartolo - Zonin o d of Appeals application for special exception. Also included i i ionnaire, //-Vo2— ZBA questionnaire, applicant transactional disclosure form, survey, building permit, copy of recorded deed, application for Bed &Breakfast, and plans. f Town Of Southold P.O Box 1179 oouthold, NY 11971 * * * RECEIPT * * * Date: 11/14/02 Receipt#: 2700 Transaction(s): Subtotal 1 Application Fees $250.00 Check#: 2700 Total Paid: $250.00 Name: Dibartolo, Caroline 2146 Main Road Laurel, NY 11948 Clerk ID: LYNDAB Internal ID:64084 NCJTICEFHEARINCii A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road, Southold; concerning this property APPLICANT: DIBARTOLO , N & C TAX MAP # : 127-3-6 .2 APPEAL: SPECIAL EXCEPTION PROJECT: BED & BREAKFAST TIME & DATE : THURS . AUG . 21ST - 2: 00 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 8am and 3pm . 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I ....// . • o•• ;•,,, - .- - . i • 1 6 t,p 1/ i i v / , ezre a• )9 $1/ . • • iv I; , •t• i 6 I •N 7 I 1 a i • L4,164:,. . t /I ..•., Cii• " ') t u • • ... . . ,.- • • \".. ../....• - ' ' y, .. 'el !1 ' N,,s-•••••-..X)8/7„; . of 1„.. NOTES •• '6 1° `‘ 6"a2a6D. k I ' if. q • //..-.._ . . 1.LOT WS.iiErEr2 ro 11•F OF GOLDEN VI.,E ../ESTN:15.FiLtD ; _. ,. , I: 04•RiE ROT.CO.cLerates orFici-•i. i•ii:6 N57o. ----------2.-2,•;} \\ at''' ' '‘ • - /4 ' . I ., , ,.. , *),...V ,.,Z.. - 0. - a 7,IUF F.a;,.•fAv HAD DAIA;_l_GOG:i 27•3%S. .4 .2 2 • 1. \‘‘‘Tti:rarrsocel /.. i If •• ' -, .,, 1-, - ' .3.713P.OGrZAPHY"r720M .f.UTF,CO.C:P(/./.XEIVAL 5URV_E`r . •‘' : I ... t't N‘'-.= •• ......,.. • ,•f9it3==f.' ' . .. . ' • I • . . •; 1 . '-•-• ..a /- S.:50.01.20 4./. •• . , X -s. -:.420:at:, - • i -\' ) "Al• '. . •I •..i•••',.•i,,,.,,, T DI,,c-••.4i.1-4• . ' \. . .,.- /:,:i ":': ''' ••• ' - .. , .• 1 '' -.. / • ' I• icv V n• '' ..! ,;;•i ,..; - . ..... ' . t• .. ' AMENDED,e•IV:II,1994;At..4.15.107.3../.Pf2.12Z . .. •-...., I ....._ / "... \ . . . . •'' 717• , • .1',,,. Et.-.1/44... .'"',._ .-._ Atx• -\7 ., , / • , ''• LESERV 1•10.T$•..5744.'5 . • ., : . . , !t '• . 5. `-'4. . • ..,,. . <-.. '''••••-•---•--•- •,,,,,_., .• -... . / GUAtZAVITEEC 113'PLEETmorzro,L.G.c;IV..1TL,ES.E.CLV ,.. P.isiV it,THE:0•44/4ETts : . 1 AS.SURVEV ED S .14Al2,2___ji.13(14, .._ / POLPER.11:14 ',.//41 1L'& PC. / i ,._ / , • - • ' ..._. • I . LIc.Lksic suave vo_c.'s - octEr:45.!or27.,f4.y.,... --. i I _ . A / r FORM NO. 4 '� F L� ti L t Alk TOWN OF SOUTHOLD yr,E BUILDING DEPARTMENT z13 Office of the Building Inspector Town Hall C �� .15 Southold, N.Y. , G BOAFl6.•_ A L • CERTIFICATE OF OCCUPANCY o� i0�./'�S0.9 NO: Z-29495 Sri , ' � Date: 06/04/03 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS C c.. Location of Property: 2146 MAIN RD '.9 LAUREL (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 127 Block 3 Lot 6.2 a Subdivision Filed Map No. Lot No. ck conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 5, 2002 pursuant to which Building Permit No. 28462-Z dated JUNE 14, 2002 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 SECOND FLOOR ADDITIONS & ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to NICOLO & CAROLINE DIBARTOLO of the aforesaid building. (OWNER) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 113001 01/25/03 PLUMBERS CERTIFICATION DATED 06/02/03 MARTINO PLUMB.& HEATING / , / /, Au • ize.. Signature Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT • Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 28462 Z Date JUNE 14 , 2002 Permission is hereby granted to: NICOLO DIBARTOLO 2146 MAIN ROAD LAUREL,NY 11948 for : SECOND FLOOR ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR WITH FLOOD PERMIT AND AS PER DEC AND TRUSTEES at premises located at 2146 MAIN RD LAUREL County Tax Map No. 473889 Section 127 Block 00'03 Lot No. 006 . 002 pursuant to application dated APRIL 5, 2002 and approved by the Building Inspector to expire on DECEMBER 14 , 2 %w . Fee $ 1, 089 . 40 At / "VLuthsri ed ignature COPY Rev. 5/8/02 BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING 1 SUFFOLK COUNTY CLERK 2 ( ! . 31055 3 I RE 1./PO116771)1°. RI i ..,,. �nik13 Number of pain - REAL ES A • •7Ay 17 :` .. , .4roRRENs �� EG serfai a IRAER TAX SLA OLK U;. . ---- Certificate a 1 V Prior CO 31053 " j, Deed/Mortgage Instrument Deed I Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES ' Page/Filing Fee I t._ Mortgage Amt. Handling /5_._ I.Basle Tax TP-584 4'._ 2r SONYMA Notation 2 Sub Total EA-5217(County) 5. Sob Total _511_ 3.SpecJAdd. • EA-5217(State) Z -- TOT.MTG.TAX R.P.T.S.A. na, .n� Dual Town_Dual County / „�6j T- Held for Apportionment_ Comm of Ed 3__00_ G� g l 0 __. •' I�� • ` l • Transfer Tai Affidavit Mansion Tax Certified Copy _ The property covered by this mortgage ( •+ — r.- is or will be Improved by a one or two Reg Copy _ Sub Total J- family dwelling only. (3.7 7 YES or NO Other GRAND TOTAL p ( If NO,lee appropriate tax clause on • 1Wpage a of this instrument.Real Property Tax Service Agency Verifiealiod 6` Title Company Information I t )/ Dist Section Block Lot r 1000 127.00 03.00 006.001 First American Title Insurance I Onto Company (TITLESERV) 5 40 1000 127.00 03.00 006.002 Company Name �1lIdLA TS-57445, 514-S-39578 J - _-- - Title Number iiFEE PAID BY: T Cash Check X Charge GARY M BRUNJES ESQ 138 WHALERS COVE Payer same asR&R_ BABYLON NY 11702 OR: I ldeSen✓, rnNc.. ((-c t`K Ge. A.A. P/4,wtrew, L/ S.l RECORD&RETURN TO ' it 803 • l (ADDRESSI .j Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: • (Deed,Mortgage,etc.) _ELEANOR DIACHUN and ROSE DIACRUN, ' both,Individually and as Successor The premises herein is situated in Co-Administrators of the Estate of SUFFOLK COUNTY,NEW YORK. Mary Diachun TO In the TOWN of Southold NICOLO DiBARTOLO and CAROLINE S. In the VILLAGE DiBARTOLO or HAMLET of Laurel 79415 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUME i INSTRUMENT SHOULD BE USED BY LAWYERS ONLY 1.Y.S. THIS INDENTURE,made the 25t.h day of April ,nineteen hundred and ninety-four 'RANSk'>;R BETWEEN ELEANOR DIACHUN, residing at (no #) Peconic Bay Boulevard, !AX Laurel, New York 11948 and ROSE DIACHUN, residing at 875 School House ;840.00 Road, Cutchogue, New York 11935, both Individually and Successor Co- as/administratocaa)cof the Estate of Mary Diachun late of Suffolk County, New York, File#517 A 1984 who died intestate on the 3rd day of June nineteen hundred and eighty-four party of the first part,and NICOLO DiBARTOLO and CAROLINE S. DiBARTOLO, his wife, • residing at 2146 Main Road, Laurel, New York 11948 party of the second part, WITNESSETH,that whereas letters'of administration were sued t�t(�e2pari�g the rgst part by the Surrogate's Court Suffolk County,New York on jut, 18, 1991 weir),virtue of the power and authority given by Article I I of the Estates, Powers and Trusts Law,and to consideration of TWO HUNDRED TEN THOUSAND and 00/100 ($210,000.00) dollars paid by the party of the second part,does hereby grant and • release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel,of land, with the buildings and improvements thereon erected, situate, lying and beingIInOha at Laurel, Town of Southold, County of Suffolk and State of New York, being bounded and described on Schedule A which is attached hereto. • j, i k r Page 2 of 6 TOGETHER with all right, title and interest, if any, of the pt..., the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of the decedent's death in said premises,and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individ- ually or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the distributees or successors and assigns of the party of the second part forever AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. Subject to the trust fund provisions of section thirteen of the Lien Law The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part had duly executed this deed the day and year first above written. IN PRESENCE OF. •Eleanor Diach , both Individually and as Successor Co—Administrator • of the Estate of Mary Diachun o--ei .r.a/ r Ros Diachun, both Individually and as Successor Co—Administrator • of the Estate of Mary Diachun • • • Page 3 of 6 SCRs.. A buil ALL that diand b n ce Srrtel a a °f Nete/n Lampe°yem nt' Piece B w York, •be.TOWn of herepn r be erne f NINA at l n4 bounat uthold ected/Of land wl the o being tt a Prem• concret d and des 3 my f aSe ly n the op ttier n f now of afore ng to deS�tlb set icmbed g as follows nd cand now°ng Isla armses It of Re w th•e Nott erein he Northe feetsto and formed Railroad a descri et, the"west said Polntetly f to dist s Of Co bed Nor e-orner ell east • t9p feetcOnctete •m num con, aces, It•xasSooth• the I ng•In, d sthe 11 of tho_ 740•f4 tO a mOnume.,� f2) n,37. 39, 1°Wing Fe elonana a • ° • 1 SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying { and being at Laurel, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: •''BEGINNING at a concrete monument set in the Northeasterly corner of the premises to be described herein, said point also being the dividing line of the Northwesterly corner of the land now or formerly of Rasweiler, the Northeasterly corner of the premises to be described herein, and the land of the Long Island Railroad Company; running thence along the land now_or_f.ormer].yof.Rasweiler, the following four (4) courses and distances: (1) South 37° 34' 20" East 263.31 feet to a concrete monument; (2) North 61° 17' 00" East 95.05 feet to a concrete monument; (3) South 29° 19' 40" East 517.90 feet to a concrete monument; (4) South 17° 48' 40" East 740.64 feet to the land now or formerly of T. Diachun; thence South 60° 01' 20" West along the land now or formerly of T. Diachun and the Northerly lot line of Lot 7 as shown on a certain map entitled, "Map of Golden View Estates", as filed in the Office of the Clerk of the County of Suffolk as Map Number 7770, 420.26 feet to a concrete monument and the Easterly line of Lot Number 8 on the aforesaid map; thence North 31° 54' 30" West along the said Easterly line of Lot Number 8 and the Easterly side of a recharge basin as shown on the said "Map of Golden View Estates" 173.70 feet; thence North 12° 30' 30" West still along the Easterly side of said recharge basin 138.69 feet to a concrete monument; thence { North 63° 58' 20" West along the Northeasterly side of said recharge basin and the Northeasterly side of Condor Court as both are shown on the said "Map of Golden View Estates", • 208.05 feet to a concrete monument and the Easterly side of . •'• — Lot 15 on the aforesaid map; thence North 44° 34' 10" West along the said Easterly side of Lot 15 and the Easterly side of a "Park and Recreation Area" as shown on the said "Map of Golden View Estates" 213.35 feet to a concrete monument and the Southeasterly side of said "Park and Recreation Area"; thence North 3° 29' 10" East along the said Southeasterly side of the said "Park and Recreation Area" 356.56 feet to a concrete monument and the land now or formerly of K. Leeds; thence North 34° 09' 50" West along the land now or formerly of K. Leeds 424.26 feet to the land of the Long Island Railroad Company and the Northwesterly corner of the premises described herein; thence North 46° 43' 10" East along the land of the Long Island Railroad Company 432.59 feet to the point or place of BEGINNING. TOGETHER WITH the benefits and SUBJECT TO the burden of a certain right of way to Main Road being bounded and described as follows: BEGINNING at a point on the Southerly side of Main Road, said point bearing South 47° 23' 00" West 7.03 feet from a concrete monument set in the said Southerly side of Main Road marking the Northeasterly corner of the land now or formerly of Qualls and the Northwesterly corner of land now or formerly of Sawicki; said monument also being 2,077 feet, more or less, Easterly from the Easterly side of Laurel Lane; running thence South 20° 17' 30" East, through the land now or formerly of Qualls 112.72 feet; thence South 22° 06' 30" East, still through land now or formerly of Qualls and the Page 4 of 6 • • `k k {> ,{ct�p -r3'^"' A'�`�' t h�. .Cd..;�• *�,f cf''3'xr-f�'y'd,'?rd'f,�Yd+ y .r, 'S, ' ,+tc- -.,°�`°' s:. s.>BC .a l.+f�`" 9,f-'fi,�^..�•Y' }. • of r`'', tis r: x .•« �.LtF. ,a,, land now or formerly of McCarthy 205.04 feet to the Easterly side of land now or formerly of McCarthy and the Westerly • line of land now or formerly of Sawicki; thence South 20° 17' 30" East along the said land now or formerly of McCarthy and the land now or formerly of Sawicki 758.88 feet to the Southerly line of .land of the Long Island Railroad Company and the Northerly line of land now or formerly of Rasweiler; thence South 46° 43' 10" West along the said land of the Long Island Railroad Company and land now or formerly of Rasweiler'8.66 feet to the extreme Northerly end of an arc of a curve; thence Southerly, Southwesterly and Westerly along r the arc of said curve bearing to the right, being subtended by a chord bearing South 26° 58' 50" West a chord length of 23.69 feet, said curve having a radius of 35.07 feet, a length of 24.17 feet; thence South 46° 43' 10" West, through the Northerly side -of land.now or formerly of Rasweiler 428.92 feet to the Westerly side of the land now or formerly of Rasweiler and the Easterly side of land now or formerly of Diachun; thence North 37° 34' 20" West along the said land now or formerly of Rasweiler and land now or formerly of Diachun 8.04 feet to the Southerly line of land of the Long Island Railroad Company; thence North 46°_,43' 10" East along the said land of the Long Island Railroad Company 428.12 feet to the extreme Westerly end of an arc of a curve; thence Easterly, Northeasterly and Northerly along the arc of said curve, bearing to the left, being subtended by a chord bearing North 13° 12' 50" East a chord length of 29.89 feet; said curve having a radius of 27.07 feet, a length of 31.66 feet; thence North 20° 17' 30" West through the lands of the Long Island Railroad Company and now or formerly of McCarthy 746.05 feet; thence South 69° 42' 30" West still through the / land now or formerly of McCarthy 2.0 feet; thence North 21° 33' 00" West through the land now or formerly of McCarthy and the land now or formerly of Qualls 205.0 feet; thence North 20° 17' 30" West still through the land now or formerly of Qualls 108.0 feet to the Southerly side of Main (State) .. — Road; thence North 47° 23' 00" East along the Southerly side of Main (State) Road 12.97 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed by deed dated April 11, 1935 and recorded in the Suffolk County Clerk's Office on April 12, 1935 in Liber 1808 Page 216. • • • • Page 5 of 6 ra • ` �J.. � L h 'iT'4A ki,Pi-`14e.`4_wC°01,1,"S_.11' ';1:-`f lf•V14,k". kt 5�1."T A.-B^ .r''' . �' t,3 k ah,• -r,{.�j�- I. J , Y t� '1 r�" 4: Sy'V yf"y -.. „, � � ,,,,.--.Yrf. M t .. { / t' r .� g ,.*,;SRI t� 1,'� 4't4 rot{f Syy t`�1'AR.--,,r,`4-e.4-,..,1,,,! -,, q _ , s+,• •• k ` i1 t / 11677K427 - ._. /FATE OF NEW YORK,COUNTY OF SUFFOLK es: STATE OF NEW YORK,COUNTY OF SUFFOLK - es: / On the 25th day of. April 19 94 ,before me On the 25th day of April 19 94 ,before me personally came ROSE DIACHUN personally came ELEANOR DIACHUN I 1' to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that she executed the same. she executed the same. 1 '1j ' I. A---0 Nota y is .. y Pu!. c 'l RId4ARD F.IARK �iAtA+Eta RIROIA ►►te�aryry�pu61c State al 141=001;111WYet No.ConmisTrina Aup.91,1 44 court sWieRmiti.r).%+jil • • STATE OF NEW YORK,COUNTY OF as: STATE bF NEW YORK,COUNTY OF Ra: On the day of 19 ,before me On the day of 19 ,before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn,did depose and say that he resides at No. that he is the of that he knows ,the corporation described in and which executed the foregoing instrument; that he to be the Individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate scat; that is was so that he• said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same;and that he•said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. _E111)- — /000 • •�"- cAbminiatrator'a/ltea secnoN -- I GO TITLE No. T. S 9 4 T c BLOCK - 3 LOT - 6.0001 t 6.00aI /' ELEANOR DIACHUN and ROSE DIACHUN,, COUNTY OR TOWN at46 AIA,AGRO1 (aVAAI,4*, both Individually and as Successor COUNTY STREET ADDRESS Ct, / , , Co-Administrators of the Estate of No S'ot,f-�,' • Mary Diachun TO R.teed.d.t the Rpwa of NICCLO Di RAA'ICYTO and CAROLINE S. CHICAGO TITLE INSURANCE COMMNY DiBARIJLO Rehm.by ma t. , SDWDARD FORK OF NEW YORK BOARD OF TITLE UNDERWRITERS • Distributed by GARY M BRUNJES ESQ 138 WHALERS COVE Yi;t; !. .,t'I BABYLON NY 11702 my N• ti�. Page 6 of 6 6 0 0 •1 I l OFFICE OF !ONING BOARD;OF APPEALS c 5365 Main Road P.O. Box 1179 - Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 0)1 July 1, 2003 Re: Chapter 58— Public Notice for Thursday, August 21., 2003 Hearing '4/41.4-lb Dear or / 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 August 1st: 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 or right-of-way that borders your property (please see Ch. 58 requirements enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (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 August 10th: 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 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 August 10th, 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 possible.) 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. 4) By August 20th, please file your Affidavit of Posting with our department to show proof that the sign has been posted for seven (7) days. 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 (e„o-fif Fax dl, O3/5�) 7 of-o3 ,� I. 'Revisions F 1 ,I - q•z 11-25.96 I j' L1' � 01-05.00 '� 00-23-00 J 14.N. SEE SEC.N0.125 51 _ _RI _ _ 'i' MATCH± z_ L3A(G SEE SEC.N0.125 MATCH ' caR Ira.Na FOR PCI: -� FOR PCL NO. 125.0SES 07--COI ; SEE SEC.N0. 125-03-002.3 SEE SEC.NO. 125-01-025.1 \. j kX q FOR PCL.N0. Ji--;E2.395.640.24 _ t I5.3SEE SEG N0. �•95. 49.61 rlh 5.7Afc) 125-04-021 t t� O �Q 3i4 -N- • s 5 in • 00 \ LOAfcI r,' =Iv ... 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MUy --R-_ ARE WITHIN THE F SEWER TRI0T54 NOTICE COUNTY OF SUFFOLK © E SOUTHOLD ESad NA C ae•`en Lot Ar T • a.a Murree o e,•a.ntr u. --•-- r•Ir_ t+un. -HST-- FRE w mew K us �x mFN of SECTION NO ESCRX1 � __YRed Property Tax Service Agency Y Crum/etre ^^--_ 1�Menial .s FuvNY u. -- :4; « RATER_ OtSTR7BUTCH OF ANT PORTIIN ff,TRE L.. Riverhead, IA 10 >m MACE OF 12 7 N (Arn aTner u. - -- Ab6o Markt 1n.--6.--- PAIa n REFUS'ATER stiff=calm TAX.YAP Rs PRce erten '.I Canty Center RI N Y U901' ad! 23 Bud/net 12.1 A(d or iZL Tum re.. --- Pet urmrcr ur P- Sah.ahr[Arvid We n-- nleuAraz SLOE N FEET: "ASTEINTER MOUT WRITTEN PEIIASSON OF 11E V 1'7a' -...� --^w-. . :.:+ate.•-�..:r:-. .�,.. 1 r A<cl•. ...o•u....._ --- ..�.N.r..,.,. - _ • P rum ISTRtT No 1000 REAL PROPERTY TAX SOME AOFTCY. PROPERTY MAP . "..�c..• ._e_.� • .. q.+..r ,a . n. -,---- --,..t.,,,---;.,t., 1. , _, t i - stt. a _ { JUL 3 1 2003 N;"?r APPEALS July 24, 2003 Dear Neighbor; Please be advised of the attached notice of public hearing on August 21, 2003. Caroline S. DiBartolo 631-298-5423 l JUL 3 1 2003 NOTICE OF PUBLIC HEARING THURSDAY, AUGUST 21, 2003 ,,7P7iALs 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, AUGUST 21, 2003, at the time noted below (or as soon thereafter as possible): 2:00 p.m. Nicolo and Caroline DiBartolo #5254 — Request for a Special Exception under Section 100-31B, to establish Accessory Bed and Breakfast Use for lodging and serving of breakfast to transient guests, in conjunction with the owner's residence at 475 Condor Court (extends off the east side of North Oakwood Rd), Laurel; Parcel 1000-127-3-6.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard, and/or desiring to submit written statements before the conclusion of the above hearing. The 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: June 24, 2003. Lydia A. Tortora, Chairwoman Board of Appeals • . . . I . " ,'r lf," ..-. . . . • ' • . , . • ...L..— '- —. 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Article Number (Transfer from service label) I 7.002 2 410 0002 12. 7 5 1862 J PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-154C- UNITED STATES POSTAL SERVICE First-CMail 111111 Postage&Fees USPS Permit No.lass G-10 Paid • Sender: Please print your name, address, and ZIP+4 in this box • Ae S_ 4IarlaGo en A a k 3.15- Leaere f . ((go, • Complete items 1,2,and 3.Also complete A. Signature 1 item 4 if Restricted Delivery is desired. 1a' 0 Agent • Print your name and address on the reverse X 'f�) W 0 Addressee so that we can return the card to you. B. Received by(Printed;Name) C. ate o IIelivery ■ Attach this card to the back of the mailpiece, (�— / or on the front if space permits. - 'D. Is delivery address different from item 1? • Yes 1 Article Addressed to: If YES,enter delivery address below: 0 No LA/i -- (e. di / �� roa .`1.t_ t h e1q Ud. 3. Service Type ❑Certified Mail 0 Express Mail �a,ma cat' 1, 0 Registered 0 Return Receipt for Merchandise J` 0 Insured Mail 0 C.O.D. 1/L/ 3 ,5. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 2410 0002 1275 1893 (Transfer from service label) P$L6 orm'3811i,iAug ust 2001 1 11i I i I Domestic Return Receipt - 1112595-02-M-154« UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid • USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �� t/'n � S'�� arlb Pd. /So K 3c/6 , . Laity'e. f PY1 1 -LI , i„dirt,iliilittie►ii„1,lititt,ii,t,i,lilliit,l,ithi,ilitti ►M4Ifilaiargirriggaiarimpixotriid-<KUh1:1141 1.11:1.140111Uir[sIff/0141P1 it' ■ Complete items 1,2,and 3.Also complete A. Sign.ure item 4 if Restricted Delivery is desired. X 7 /l �� ❑Agent • Print your name and address on the reverse L `� 0 Addressee _ so that we can return the card to you. Received by(Pri ted N.me) 11 . Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. ) al, a Z D. Is delivery add- different fro ' re yYes _ 1 Article Addressed to: If YES,enter delivery add 'fie III N Yhr. i7PQ (-3- Az`' ., 4 A 5 5 5- eai /� 1�02003 _ 3. Service Type a In S &1/tr.P/ ��� ❑Certified Mail ❑ Express Mail`J l /o 1 ❑ Registered ❑ Return Receipt for Merchandise / l / /1 gift ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (rransfer from service label) . 7002 2 410 0002 1275 1879 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 11 11 Postage&Fees Paid USPS Permit No.G-10 • Sender. Please print your name, address, and ZIP+4 in this box • efi_g_tol rh e `S ca18r ,lii Jo - N' . OMPLETE THIS SECTION IcieiNglI4r4r91;y1Yx• •IdIWI•1411EL4a' • Complete items 1,2,and 3.Also complete A. Si. .,ure item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse X -1/ . • • .ssee _ so that we can return the card to you. • Attach this card to the back of the mailpiece, .• Printed Name) C. Dat of Delivery iece, p or on the front if space permits. _ �_�` '� 1 VJ c D. Is de lvery address different from item 1? 6 = 1 Article Addressed to: If YES,enter delivery address below 0 No 7000it/ CP/I te- / 30'7L; Magi(' r , l� 3. Service Type 44 41" y o Certified Mail 0 Express Mail Q ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. //9 / 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 2410 0002 1275 1855 (Transfer from service label) RS Form;38111,August 2001 1 11 11 Domestic Return Receipt 102595-02-M-154C- UNITED STATES POSTAL SERVICE First-Class Mail 1 11 11 1 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • efiki 47* S a 6_6,, 3a. , °a u rel n ! !}}i I!} li ' 1 till {!i ' ! f 11111 llltli1111111 III 11 Illi lIl11 11!11 11l 1 11 1 U.S. Postal Service., n co CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.cor r +i 1a i�1Dt TRtTI , ill'AlA6 '-a Postage $ 0.37 UNIT ID: 0948 ruCertified Fee 2.30 ,,..el- N p4 a0 Retum Reclept Fee ., Po y (Endorsement Required) 1.75 O Restricted Delivery Fee erk. 4 nA A ra (Endorsement Required) •1 3 Total Postage&Fees $ 4.42 7/'1•_,_ • ru �.i r±4 Qi. Sent To L '/_ ' CI at / //o u Mtrsfr r- S`tnaet,Apt No.; orPOBoxNo. 4,�// �e _ec.r State, ;_kF r �! v PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal Service,. A Ln CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com5 I— ,;+;I!, ii,c, 5 Inc 1 A L U n..1 ra Postage $ 0.37 UNI I t• . ru L w Certified Fee 2.30 ,�•� p j o ReturnReclept Fee =Mr. J j D (Endorsement Required) TM're O Restricted Delivery Fee MI= e 00iT _ 44Z D (Endorsement Required) RJ Total Postage 8 Fees $ 4.42 17' a ` c3 Sent TO[ r1 ) o �''�yVV ,SJL,.. N Street AptNo.; � t or PO Box No.. 1 O �� k1•t�.1 City,State,ZI , I i / y 1 PS Form 3800,June 2002 e See Reverse for Instructions U.S. Postal ServiceTM 4• a- CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Ls, .!!'•,a( F1 Q L USE r g Postage $ 0.37 LIDu ll Ill J?` O Cerffed Fee 2.30 D Return Reciept Fee t ark .p. 0 (Endorsement Required) IIIMEil ere Ott O Restricted Delivery Fee , @ $(j t,, r-R (Endorsement Required) fill flJ Total Postage&Fees $ 4.42 f' 411/Z msent ro • rnr• T Ci- Z- , r- Sheet,Apt No.;�5 c /e► or PO Box No. -7 Nc.. .2,- City,Stete,ZIii,.J PS Form 3800,June 2002 U U See Reverse for Instructions U.S. Postal ServiceTM a CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) ra For delivery information visit our website at www.usps.coma ui r` trj'‘1117—Yftit (P's) A L US E ru Postage $ 0.37 tJ _ Certifiedru 0 Fee 2.30 Return Reciept Fee 1.75 7?1r"% ) CI (Endorsement Required) CP O Restricted Delivery Fee letk(Tg13O � r R (Endorsement Required) ti 4.42 Total Postage&Fees $ � ru eno ` O Srlfrett 42....ietk/raii.D. ��//li -/ • N Street,.CI d p[No., or PO Box No. City,sta zi 4. ;.,_. 1 v 2 i z PS Form 3800,,June 200.E v U SP.Rimier •fn.tr..+.,,.et.,.,¢ O U.S. Postal Service,. m CERTIFIED MAILTM RECEIPT to (Domestic Mail Only;No Insurance Coverage Provided) r-R For delivery information visit our website at www.usps.coma Ln l4 8xkL USE ru rR Postage $ 0.37 UNIT I(' f z,: ru mi Certified Fee 2.30 � O Return Reclept Fee P (Endorsement Required) 1.75 J Fi J► D Restricted Delivery Fee le . 05 r* r R (Endorsement Required) LUU�U�f Total Postage&Fees $ 4.42 0 " frs et ru ci l Sent ro/�� u t_(dhl��l-- 1_l_U IIL._. N Street,Apt No.; ,,] orPOBox No. hell) __c,._.-i_ SJ City,State, A-ma.lc4 /e- O PS Form 3800,June 2002 , ,,./See Reverse for Instructions U.S. Postal ServiceTM -- CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) '-4 For delivery information visit our website at www.usps.come 'c Lf) ;,{U1944 0 A (L ru ra Postage $ 0.37 UNIT ID: 0948 ru certified Feeo 2.30 (+s� ( O Return Reclept Fee y P In (Endorsement Required) 1.75 p7_�JC/9i p Restricted Delivery Fee I f' :4T605 �,� ri (Endorsement Required) r co ru Total Postage&Fees $ 4.42 ' �0 3 t2)A 0 Sent To Radial...46O r: ackkn) N Street Apt.No.; n `�, or PO Box No. Pio ^, 6I City,State,Z/P+4 *7er r ar 7 PS Form 3800.June 2002 ' U See ReveisQ for I str ctions U.S. Postal ServiceTM 43 CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) r-1 For delivery Information visit our website at www.usps.coma N ., ,, F: 0i J A L USE rU Postage $ 0.37 INIIT !:.,1A.: fLJ Certified Fee 0 2.30 . .-1111 1, Return Redept Fee , (/IlJI6LrB C (Endorsement Required) ,4t: 111��� 1sk O Restricted Delivery Fee C erk:� �(,()5 r a (Endorsement Required) ffUUUU11�t7777------ ru Total Postage&Fees $ 4.42 c 1• J a ILI =m ro y,„, • 0 t: in l^k rvv/�� 1.c*--Qr .s.k.i 1-�-A t fes- Street,Apt.No.; , r or PO Box No. n y 5 yit City,State,Zt --------fes--f"` T R e .,..._1,..%k. - PS Form 3800,June 2002 U See Reverse for Instructions U.S. Postal Service,. ru CERTIFIED MAIL. RECEIPT c (Domestic Mail Only;No Insurance Coverage Provided) 1-1 For deliveryli� information visit our websitea L. at www.usps.com Lf) L tEL� 11A4C D A L. (U E ra Postage $ 0.3? UNIT ID:_0948 4 O Certified Fee 2.30 ,�0 P ` rj� Return Reclept Fee D (Endorsement Required) 1.75 � co D Restricted Delivery Fee : K�8605 r-R (Endorsement Required) 2003 n- Total Postage&Fees $ 4.42 0• 1 j to" 0 Sent To YIN D �r J'1(ii ) • 1-161l_�a_l�(� �- or PO Bar No. I n /fit v (I �5..,4" Qi Ciy,State,zr�a� V "�v -9C A.. e. i /' •_ PS Form 3800,June 2002 V 'See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTr,, RECEIPT co ,a (Domestic Mail Only;No Insurance Coverage Provided) For delivery information vie visit our website at www.usps.com r- da,15,FibmC 0 A L U S E ti Postage $ 0.37 UNIT ID: 0948 nu Certified Fee 2.30 ,vs-1 kip, 0 Return Reclept Fee J C (Endorsement Required) 1.75 Herd O Restricted Delivery Fee C e r: KT8625 . A r a (Endorsement Required) 20D3 ru total Postage&Fees $ 4.42 07 > /)► t1J SCO CZ 0 ,nt o 4 • - O N Street Apt.No.; 0/-�-- / /�-�( or PO Box No. • .Ll_._- -_,_ ..3-C,LC,C City,State,Z/P+4 ,1-.._._. _ ,• )1.- //f 0 PS Form 3800,June 2002 U ti See Reverse for Instructions • • Complete items 1,2,and 3.Also cpmplete. A. ig tire`' item 4 if Restricted Delivery is desired. /f� ❑Agent Is Print your name and address on the reverse *L�, �/ Addressee so that we can return the card to you. B. Received by(-Tint=R ame) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 0 ENP - D. Is delivery ad.�i�,. .1? ❑Yes 1 Article Addressed to: If YES,enter.^ :r0. ess.-,.7. No iltr, 1-g-e2.e_-r' 'c k b. y ` 1 /D /it meq- KUPR- file, USQO c f WI e !� 'f1--_ l- _ 3. Service Type (VJ,pb n �'C/(A,IJ— ❑Certified Mail 0 Express Mail _3/14 n t (" ,I I a)-Z 0 Registered ❑ Return Receipt for Merchandise ��K*c l Z ❑ Insured Mail ❑C.O.D. r 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number — (Transfer from service label 1 i i 11 1 I l iiiii 7 0•0 2 2.; „ i , .;10: 120 il i 12 7 5 ; 18 31 E PS Form 3811;August 2001I I i. I Domestic Return Receipt 102595-02-M-1541 ii 1 1i i •i i i i 11 ii II ]ii ill UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid Permit No. G-10 • Sender. Please print your name, address, and ZIP+4 in this box • 0/91ZI9 61,e5•L'i5at /0 P6, 760x 3.:P-- -- • a:, Iiitliinlllilltiliiliitltllimiii,=sltlll,4s,ililililtl1ifil -ENDER ,'COMPLETE THIS SECTION WK•MI:11 Y[ 1 IEyFYA•11[•].fi•IffIRAlll4i • Complete items 1,2,and 3.Also complete , A.Signature item 4 if Restricted Delivery is desired. nL L 0 Agent • Print your name and address on the reverse X v' "'�'� 0 Addressee, so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, n n ,L or on the front if space permits. d r%/6�"sr• b -/-0 D. Is delivery address different from item1?/�Y 1. Article Addressed to: :) , If YES,enter delivery address belowEl: /*S'ic()1,6foee/s /' - PO•bo'6 54C, ecu\ J eiry o V / 3. Se;I•:Type V`l1 N 3� "'ertified Mail 0 Express Mail f0 Registered 0 Return Receipt for Merchandise 6 Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 2410: 000 ransfer.fro'm service label 1 1 i t ';t 2 12 7 5 s I )11111 �i li,�tt ��t „ . . . 1 i ,,ii i!t, 1PSform 38111,jAugust 2001 l l 1 I i l t Domestic Return Receipt J io2595-o2-M-154c t ilii I•II ILII 11 11111 itIll 1 UNITED STATES POSTAL SERVICE Postage First-Class& �aiI Fees,Paid '11 11 USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CgOgai h e SA 4?-ar7c to ZQ _t I • ': COMPL '1 • •M• WI[i7ZM]I•i411174:V • Complete items 1,2,and 3.Also complete . �. -Si--m� ature �� item 4 if Restricted Delivery is desired. c_, 4/ /` / i�^/�`—*"' Agent s Print your name and address on the reverse d ddre see so that we can return the card to you. B. by(Priv e) C. Date f De very • Attach this card to the back of the mailpiece, ' -7 or on the front if space permits. ( /.08 /7,,-D. Is delivery address different from item 1? YeS 1 Article Addressed to: 1 If YES,enter delivery address below 0 No k0a-NL /laGl (..1/0 At 4-c' ' 6/ foJL1t0, /1''"/. ) (ci q 3. Service Type , 1I 0 Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(_�ee)_ _ '-Yes 2. Article Number127 5 1824 (Transfer from service label) 7.002 2 410 0 0 u 2 PS Form 3811,August 2001 i I i , ; Domestic Return Receipt' 1 I 1 11 ! I I 1)W02595-02-M-1540 UNITED STATES POSTAL SERVICE .,• )NO PM _____ o , .,, _ • Sender: Please print • :!'f , -ddress, an1a-ir,-t;Isbox • efrAo( t y. ,br 66 r fib o 1'Q. 3X 3.26- Y I ':=COMPLETE THIS SECTION NoOlug»41411:1r..ya01rwailffI.laruLa:iv • Complete items 1,2,and 3.Also complete A.'Signature item 4 if Restricted Delivery is desired. / / uAge ■ Print your name and address on the reverse X ❑Ad.,.s-•• so that we can return the card to you. .%_ - C. Dat •ire. IN Attach this card to the back of the mailpiece, ./ • - / or on the front if space permits. . D. Is delivery address different • item 1? 0 es 1 Article Addressed to: If YES,enter delivery address below. 0 No • Cf 0.N\ W\c. u111� P D. An 3 g J C ( , _ n 1 Y` 1 . 3. Service Type 0 Certified Mail 0 Express Mail I 0 Registered 0 Return Receipt for Merchandise q�� 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) I 7002 2410 0002 1275 1886 PS Form 381 1,August 2001 Domestic Return Receipt 102595-02-M-1940 UNITED STATES POSTAL SERVICE First-Class Mail • Postage&Fees Paid •11 11 USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Oahe)/ e S. Oil14srcit,Jb yi19.4 • Complete items 1,2,and 3.Also complete . • 'Signature item 4 if Restricted Delivery is destred. /f(o 0 Agent • Print your name and address on the reverse I. „� / 0 Addressee so that we can return the card to you. g ec{by(Printed Name)' •-te of Delivery ■ Attach this card to the back of the mailpiece, ` IL or on the front if space permits. ♦ , D. Is delivery address different from item 1? 0 Yes 1 Article Addressed to: If YES,enter delivery address below. 0 No /1-iellt.4167Pea/dC-- ' - '44/ Vti4 /c 3. Service Type ��/��7IP1 Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes r 2. Article Number __ 1 (Transfer from servicelobi j !i j 70021 2 4l10"0 2 2 2 12 7r 5 13:8:5:. 8 , PS Form{ 3811,August E yuunie,}nc Meturn Receipt 102595-02-M-1540 111 1 1.1.-r14;4112.'5-1 1 1 11 1 1 1 1 1 111 1 1 'y •. p UNITED STATES POSTAL ac First-Class Mail ay .� — Postage&FewPaid USPS -_—-- ' r-- - `Permit No.G-10. - G n, • Sender: Please8r me, addressrend ZIP+4 in this box • 6,41_4;4 je rReA ,;___.__ 314/,0 4'h c7 ,`1Ear;ala "0. k 3.25 laar.e/1 741 ii-98 , r.U...7 I,„II„ IliIIIIII„I1„I,II,,,I,II,,,I,I,I,1,,,I,I,I,I,Ii,,,I ZONING BOARD OF ,rPEALS • - TOWN OF SOUTHOLD:NEW YORK ---------------------x In the Matter of the Application of AFFIDAVIT ( (thntJto( goo-To(O OF SIGN it (Name of Applicant) POSTING Regarding Posting of Sign upon 'fT` Applicant's Land Identified as AUG 1 9 2003 000- a.r-) - - 6, Z COUNTY OF SUFFOLK) ,.f, OF APPEALS STATE OF NEW YORK) I �a�i h x.13 is residing at Lel 5 CO h C1,6 �Oc�v-VJ Lc , New York, being duly sworn, depose and say that: On the I-XII- day of P-u9u-s t , 200 3 I personally placed the • Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing dot , , ich heaqta d t was shown to be 0 (Signature) Sworn to befor# me this I ak day of (k r , 2003 ,;, NotBcMELANIE V.BROWN Notary Pt� , e d Now Yak • �1 r- No.4905712 Qua6Aod M 9utloit Caurty ,'. (Notary Pubic) CanmbsionEctresOct.19, aro S , *near the entrance or driveway entrance of my property, as the area most visible to passersby. 4' • • , I RECESE® ZONING BOARD OF APPEALS • APR 1 '1 2003 TOWN OF SOUTHOLD:NEW YORK -----------------------------------------------XOF APPEALS In the Matter of the Application of ZONING soAao ei4RD VISCD IO q- khe �� CJI IU OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 2L7- 3 - D_ COUNTY OF SUFFOLK) STATE OF NEW YORK) em-h0Irhe •�+ aCur-t° v residing at f7, �Ih dog Cou.tr. LLL kr e.L , New York, being duly sworn, depose and say that: On the 1 day of A? L , 2003, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, Alich date w s own to be (Signature) Sworn to before me this /7441 day of Arc,' ( , 2003. AMY F.WIPPERT • t Notary Public,State of New Yodt No. V14 (Notary Pal ) Qualified i S n Suffolkolk County Commission Expires April 13, 2 00 7 *near the entrance or driveway entraece of my property, as the area most visible' to passersby. U.S. Postal Service,. -' CERTIFIED MAILTM RECEIPT ru (Domestic Mail Only;No Insurance Coverage Prw_Jed) n For delivery informationnf� ttvisit our websitepat www.usps.coma r- ✓ r if�f�'tili'ST$T 1746 U S ru Postage $ 0.37 UNIT ID: 0948 0 Certified Fee 2.30 mark O Return Reclept Fee POS 0 (Endorsement Required) 1•?5 Here D Restricted Delivery Fee Clerk: KHC22C ra (Endorsement Required) ru Total Postage&Fees $ 4.42 03/27/03 ru Sent Toe '_lbi,lu___Var__s_er- or POBox No. , U, i)C (�� ... 1. tri City, Z/I' � ' / 7 PS Form 3800,June 2002 (/ U See Reverse for Instructions 141•I4: . •wair,'fi.-9xarr.7d— C -0 .1 n.. .. • ■ Complete items 1,2,and 3.Also complete 4 I item 4 if Restricted Delivery is desired. _��1'► 0 Agent ���� 4 0Addressee ■ Print your name and address on the reverse ,,, - , so that we can return the card to you. _-I..'-eceiv by(Printed Name) L C. Date of Delivery ■ Attach this card to the back of the mailpiece, /)► ASIA r,n "S-- 2K or on the front if space permits. 4 �\1 k 1`.A/i1� D , D. Is delivery address different from item 1? 0 Yes 1 Article Addressed to: If YES,enter delivery address below 0 No , , 3. Service Type ❑Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number i (Transfer f„ „rom servicer, „label) , i 7002 2 410 0002 1274 6264 'PS'Fo'rm 381 1,August`200111 i 1 t t 1 Dornestic Return Receipt 102595-02-M-1544 UNITED STATES POSTAL SERVICE 111 11 11 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name/ address, and ZIP+4 in this box • 14rc rVirs, gek_ b r lar O /o ,kQce r A / M2/9 w 111 • RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK APR 7 2003 In the Matter of the Application of APPEALS ZONING BOARD OFa IDAVIT /1/c0 /u w-�19fZ���'ne S liteuhlz&o OF (Name of Applicants) MAILINGS CTM Parcel #1000- ------ --- is �� 3= G- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, GI:Pane S. br residing at 6C75 C -neZo r , New York, being duly sworn, depose and say that: On the o?? " day of fh , 200 , I personally mailed at the United States Post Office in ).c 1 ti^e/ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a truecopy 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 ( ) Assessors, or ( ) County Real Property Office (ci , 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. (222- oc- Zef4-air—t4 (Signature) Sworn to before me this day of , 2003 PATRICIAateofNotary Public, tNew YCIsk No.01C05017852 Qualified in Suffolk County _ (Notary Public) Commission Expires Sept 13, ygpJ 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. )4Cdit a-OCIOW (1)Gial_e_r1/410 lar1 6 a4.1-QQ&Rvac_. • ir;71 ( 31 • 76• . k, fe\-- -•)\- - H-Glack-)1/4-) <?s- • • MI:03 c,1");7•T ;NY watlr,oe,d s?.; 003 i _ Atinuo3 Matt?. "? E I icif.Z _ . OFFICE OF ZONING BOARD OF APPEAL. 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(c Town.Southold.nv.us or Pau la.Quintierltc Town.Southold.nv.us Jessica.BoperATown.Southold.nv.us (631) 765-1809 fax (631) 765-9064 March 24, 2003 Re: Chapter 58 — Public Notice for Thursday, April 17, 2003 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before March 29th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a cover letter and a copy of your survey (or map flied with this application) showing the new construction area, or map with details of your request to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office 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) )3efore April 9th: Please make arrangements to pick up the sign poster, for posting at your property for seven days commencing April 9th; 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 board, please contact us. 3) Before April 11th, please either mall 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 possible.) 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. 4) On April 17th, please file your Affidavit of Posting with our office to show proof that the sign has been posted for seven (7)days. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff P.S. Please be sure to pick up the poster between Apr. Alm and 9th, between 8-11:30, or 2:00-3:30. Thank you. I • '1)) 0 , FOR OFFICIAL USE ONLY CHECKLIT FOR NEW PROJECTS y' ✓/ LABEL APPS #y ASSESSORS CARD (7 COPIES) NAME - j.,a . / CTY. TAX MAP (7 COPIES + 1 ) CTM # INDEX CARD (ATTACH OLD) TOWN ./� LIST ALPHA BOOK /,/ RESEARCH ALPHA COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION d1463 q!ISP ?Irk Gt-t,at jtv,a) rvtp. eLf3F -- -,-0' 4.4,7 e� cal a is. CLi, o. talc 03 /1o.dt ca_ I f/�-e9 tea' 050 3--ea r < z'S ,f' _ rx4-y q/2/014..i,fzu e w:1 TOWN OF SOUTHOLD PROPERTY RECORD CARD M — i ( A o o - /j '7 4 3 -- 6.a OWNER STREET a 1 4 c,„ VILLAGE DIST. SUB. LOT ,\1 rco ID 4 Caro n s • ' . . -b ` r--Fo10 . ria•;n .QC- _ . . .O u ,, e_- // 1 b-esc t-i b ed FORMER OWNER N 'r •E" ACR. )---)4 a y / �!�',1 ;a 1-1I I G1c H� (-(a yy ?p.�I-Jr 1 4/ ' S / W - - TYPE OF BUILDING - ' _Mar 1 iochu1) )/I CI r bia 4i c--1 27-1,7 Y1 >x) ,a, ..., K.. - .. -V. �- Qr ., .. _RES. _ SEAS. . _. VL. /F RM COMM. GB. _ MICS. Mkt. Value -LAND - IMP. TOTAL DATE REMARKS - . - - _ a rc.ti - :S7.-0-7-'0 .. ._ - -a Q--v I 4,, '? 6----0 / /9 4/aS-1G4-1-11 X07 a 7- a cidiu!��E64:- 47) Ur eg r'tt�//""c7 4 w 0`1 I Di t0o , 50C> ��<�> mo Q. 3/2,-; •71 r (a f) r . BP-�k .: ES,'-[(0 ,— arid., t ions/o The1v .2)(>6E).. , 8.(ko .Pam.. . . . . �91goc�. . . 2_/U.(7_44:03. . AGE BUILDING CONDITION _ , NEW NORMAL BELOW ABOVE FARM Acre VLA.. R., . Value TillableQ FRONTAGE ON WATER - Woodland FRONTAGE ON ROAD Meadpwlat 4, ^ ^ DEPTH House Plot BULKHEAD Total —Qd DOCK •► . . _ . , • , viimmow. - "_ _ ,r COLOR ffro w7 TRIM �l/ / �� ti . rs taw — 1�► �1 -r- ' a� k, i__, ., IF', ,,,, 4 it, _ __, l ... _ _ a , e{ L /b L � , � • k �j c S§yy , � 1 y ,,� y��r, h '+r k4< __ o2 If .�,� w arf ` st¢ $`�. s"��Ea r*� c_,+t`y .. r / -,e-�r� M. Bldg. _. 4 8.< . r 3.2- c /, ;', ,�/,L 42, .2 /�7S ,2/s'6 _-_... ._ .. . `\ tension y e, X y X 26 =2 o _. Extension I : \ Extension �'�., __-- ---. - 4 5$z 5 OV•l4'- ,=.. Foundation Bath dA e Dinette f II IIIIIIIIIIMIIIIIIIIIIIIIIIIMI Basement u Floors ! } _ K.- • Porch IIIIIIWAIIIIIIMIIIIIIIIII Ext. Walls 166drvfr►er nn JJ;IA �i � �Interior Finish o lc, LR. Breezeway IIIW Fire Place _ 04 e Heat d m DR. Garage IIIFAIIIIIIIIIIIIIIIIIIIIIIIIII Type Roof --, Zi le Rooms 1st Floor BR. Patio - - Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway Total , • a � � � �Y c.e t .y �y��� �� ....4-,,-;:.•.e.;....-.011. .+ '� 7 X+r sr rt�, i 4��V�� 3' d eSi I�,,,,,,t,/,,..:-.,-.,:••,..,;.,,,,,, r 1 f 1;r. — • ? nay• r8' ��' r 't': ir�rP z `' &i�°,.4.••,, ,`�r _ - ' ; ,w� m �> ,4y d '^� 1`,L t J� , r.. .. ad 4 0,4\....4 . 1°,4'-':A..: ;:470,•''' v v ', 47Try _ COLOR47 a l{9 i �•; rn.1 A ,.�y "r �` it t` °,r K4� ^ —.4,--N., link•=y��i 't , �Y st !psi ` .�v y� v • , `�...4,....•4•:....—..,,,,,--,... v `-m..... 'Aar j: rye;: 1.1. is _ 1 r I f�t'�� - • 'YI!v� • J - 1 c t , nom• 1 j 4J`jpp. I = q _.u:= ;`:is: Y. W.......0 4- TRIM es 11) �� _ y�G { _ ter' `-t� i I ` J! . . a4V4.-4-j/. '�T {f�1��7iII��l11����l�li �,+.;!. w.......1/4„.„,........: ,...t,...::.. . ....,: h�,;x v 4f c + � , ye-i-c wvx- 127-3-6.2 3/03 ' • - I I I I I I - 1st 2nd M Bldg Cr �3 __ �� ��° BZo�� Foundation Fin. B. Bath Dinette - ��, x J I 7�{�} �3 FUL COMBO Extension Basement PARTIAL Floors Kit 3 K S - `7 SLAB Extension Ext Walls CeQQ� Interior Finish L R ` Extension ��z'7Xrl�. . Fire Place �t<S Heat D R .o ®��`� { T � 5�q� Woodstove BR 4 � // 8x27 '-'.2-47) Porcty &moi 1cp x2�_ Z4! Dormer Baths ` Dec((k// 7 X 17 e. •;i\ cksiFam. Rm. ✓ Garage \3 x 2.5' -_- 3 '2S- �� I ��y - 1zIgli 49,trttle fi x t 0 1 S O 0 (>2. 8 c-z - 21g Pool vt%u�°. toZ"ret1 ') S O _ _ �1 .�-rc7 / t 613-4, , a .,ora\ a _\, SURVEY OF PROPERTY o SITUATED AT ,ZpO °o LAUREL O/DjBpk' �,�OLO Fp 1 1\ N 01,0 s wpmTOWN OF SOUTHOLD cpROL1N !. SUFFOLK COUNTY, NEW YORK r "; \ S. C . TAX No. 1000- 127-03- 6. 2 v 1 SCALE 1 "=201 N '� ,,, `� NOVEMBER 22, 2000 \ } liti JANUARY 16, 2001 REVISED PROPOSED ADDITIONS Y o I I \Is, ' ij, \ x ,12 'U, T1T / ' \ I. y AREA = 40,000.00 sq. U. Z \ onl aF „P 0.918 ac. l \ , tity .r u O 0 41Wv If�. .1 MKooc n'1oo-- - C NOTGS B0.1Lx ro r �� r � ' � Bac p+C�� \ -Y,-. _ Y ELEVATIONS ARE REFERENCED TO N.C.V.D. 1929 DATUM �O P. • 1 Q � D'45 oipm °P � EXISTING ELEVATIONS ARE SHOWN THUS q EXISTING CONTOUR LINES ARE SHOWN TAUS' \ � a. tq% D J1m2.0 r+v' [m r rl FIRST FI naP I I \' Q J 7i 4'^ Y3 vv �\ -c I 7S i lc Ilyijj A _, '10 C %0 .\ 141 \- t \1 4: \ 11m1 rlar.r 6 bA I I. NA1A a LI tg 1\µ Xjel‘ 1 t— n I ' - qqq MO 7, I V ! A 1 app E, o \. I� \ \ a5- % }a . o roF.l ® , 1` cm �.y���pyOo0 / X42, r �AOC Hi,,,,, �- \ , m 200'p0 \ ' AAA \y i U— CP -I ' UNAUTHORIZED O THISU SURVEY ALTERATION VIIOLLAnoN OFTlau C. t'1 SECTION 7209 OF THE NEW YORK STATE Ln CP LAW COPIES OF THIS SURVEY IAAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR I EMOOSSED SEAL SHALL NOT OE CONSIDERED CI h] i0 SE A VANEDIAUC COPY l\ ONLY TO hLL PERSON FOR WHOM THE SURVEY � CERTIFICATIONS INDICATED HEREON SHALL RUN N „ L„ IS PREPARED, AND ON HIS BEHALF 10 THE O MT'r'tn p TIRE COMPANY GOVERNMENTAL AGENCY AND O lJl PMB 0([ LENDING MSTIiIITION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING IHSTI- tO TU1ON CERTIFICATIONS ARC NOT TRANSFERABLE ,�. �.�Qe 1� N/0/ ARp �1, �' THE EXISTENCE OF RIGHTS OF WAY 1 p p Ar AND/OR EASEMENTS OF RECORD, IF p ANY. NOT SHOWN ARE NOT GUARANTEED. a cAR°L1NE PREPARED IN ACCOR, +E WITH THE MINIMUM yyy AS ESTABLISHED STANDARDS USE IN TI I '1NEWINYORK STATE LAND Joseph ,1/'y �}L y�E IIyyptigl ,�y DT IDE DI ALR AND IV.J ^lY W 1 , C Y uY`.YfE TE .V W.1° TITLE ASS9Cl$DON---- =-- ' Land Surveyor EDGE op cPEI:K �.,, l - - _ Title Surveys — Subdnismns SAe Plans — Consfruclion Loyd �__� _.,______\\ \\,I - ti / PHONE (637)727-2090 Fax (631)727- 112] �.. __ OFFICES LOCATED AT MAILING ADDRESS IJ Y S. Lic. No 49669 1380 ROANOKE AVENUE P O. Box 1931 RIVERIIEAD, New York 11901 Riverhead, New York 1190)7965 I . '1' a" imasmooriarat ti0 0 0_ o 0G aZ J W SURVEY OF PROPERTY 'o\ I SITUATED AT °�°° ' ' ' LAUREL F LO 12° °� 0/Dj$AR�ARTOLO CO / ! , TOWN OF SOUTH O LD N LINE s D I / ' IN \ \, SUFFOLK COUNTY, NEW YORK GAR �' ` � ` S.C. TAX No. 1000- 127-03- 6.2 / . • l ,Lt' 121\ t SCALE 1 "=20' N �V1' \ / / w V", NOVEMBER 22, 2000 Y p ^ , 1 r '" A `"� '" JANUARY 16, 2001 REVISED PROPOSED ADDITIONS 55 7 m O P' 11 012 / �A — >i ,'\ N 1 2I10 I f m. K / ty'' ' / `°" '-',\ 'N m a AREA = 40,000.00 sq. ft. \ 0.918 ac. ti I l I I I � ( 1' �- ' , r � , m Z N./ I / / I I / W pJ`'� 9 \ o "� / / GONG" N/ , 44'/ c,„ m , ‘ / 1 s / x ----11„, I / ! I - 71 . ,_,00vo,„1.6.0? E / \ , 't rI/ „,cy- •� a,,K o r NOTES: CO,. �' I H � \ TONGVD. 1929 DATUM! / iti,l0C- 323 74 �P.ocNo ,P \ Z\ EXISTING CONTO0 EXISTING TURNLINESE AREWN THUS: 5 SHOWN THUS, U. Q x / r # n` ` n �\ \ �� F.FL. - FIRST FLOOR 5 LA I ^ I I �� `�- .1y01 0' 04Do ;l`! M CM ,`�' 401 ,,, ,<5 �---, / v�h \ O >J \ /,4 , �,I l , "407,,:kri, ___,,,,,-, _:/ of 30, 1 \ �a I , gFZ',� 1/ '6Q -V abk I I \ \ �i /� It �` ` �)� if) 'O GIm 1 2,5, I % a oR q' 1010,444 a __------ . �'� cm T 0RL I w r'�►P '-J 11\1 . — o i t'1 ,-, ._ �0� i --_____ , T;/1 t�o —'_`.- ----- —� L.L 4 1 ---- -— I to~ , p \ 3a �o Q tiF�9� }'5 . N CD Po2. \ 1 L > \ O I � \ 1 } Op O+. F Face \ } }. 'pp• •O o„,„ , N `-'' . Ff,VCfDf os).. \ 1 a \ o \ 'N I J )' �,,' ' N 1/ \ � �s. N, J \20 00 qtr% ti 13 N s N C, • N UNAUTHORIZED ALTERATION OR ADDITION Ti) '� IN I \ N� TO THIS SURVEY IS A VIOLATION OF ]+ )- SECTION 7209 OF THE NEW YORK STATE \ N EDUCATION LAW. N COPIES OF THIS SURVEY MAP NOT BEARING b THE LAND SURVEYOR'S INKED SEAL OR , EMBOSSEDSEAL SHALL COPY. BE CONSIDERED TO BE AAUD TRUE C23 \ ') �� CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE N w Un TITLE COMPANY, GOVERNMENTAL AGENCY AND O 4q7'14)•p LENDING INSTITUTION LISTED HEREON, AND OG INSTI- ?39 O� TO THE ASSIGNEES OF TUT10N. CERTIFICATIONS TARE NOT HE INTRANSFERABLE. 0, ' S 2-9- 1 ° Vd , N/1/AgTO T0L0 THE EXISTENCE OF RIGHTS OF WAY S �2' 1 NICOLO DIBDIBAR ORD, IF ANYY/OR, NOT SHOWN TARE S FNOT CGUARANTEED. OLIVE CAR PREPARED IN ACCORDAN E WITH THE MINIMUM STANDARDS I FOR TITLE AND • JRV PROVEDYS AS DSADOPTEDD Joseph . 'n e n FOR SUCH USE BY TH. NEWYORKANDADOPTED PLAND V TITLE ASSOCI,0 7 6 .a 2 , :;:;, Land Surveyor EDGE OF CREEK (� v^:�tJ il, 4. ss ". I * ,�� c`7 Il Title Surveys - Subdivisions - Site Plans - Construction Layout \ `.t�-,. `0 ,„„ -i PHONE (631)727-2090 Fax (631)727-1727 / v� .' °"% OFFICES LOCATED AT MAILING ADDRESS N.Y.S. Lic. No. 49668 1380 ROANOKE AVENUE P.O. Box 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 , f 9(1—P�1 ) dr r't'41.E.I.EL 'Ofi''M-',IIr•'', 4tr dki413 ,/tYttill c .-,,..., Y...a .!, ....:y.,r •,,„.f.,,. ir..,,,, ..4.. ,,,,,,, , , ixotAlmintresta., ,,,xgat:t 0 t,, ,sat,„Nsnam,m7rA,c1,. ...ra.a,t,; ;:,,z,:i.,1 ,1 ,.1,:x i.,,,,,11:„,y,,..,.:.,:::,,,..:„.,,,,,d:,22/, ,,,,ii•;•,,,,,,,;. •'..(Cf,lial'ff..="1",7:t."AiT.-""tritl•=4"'."2n=1"..t.'"r.l.t=122.==.154/Y-,,,IttrItr••:-.r.i'vntrati:•,,,,--itts•tT,N•ievri4I'',"•"1,0,00fri re'in'tr,nr'0,,=1t4:1=11.1.11=da=a1=ZICKUP.'"rTECCrit341 .:.a." "D"Ir.fir.14,1.1EZILM:1:, ...11,e'r:K.:;';n:.1.".:":'MMisn'c;l17,:qr,f"PV!,:•1,04",t.'":i".M,,,q,,I.•••!..;2...,••..1.,,....,... .,..........;,.:.......:. . . . . „ ., . ..taUtitlf.vo..., ali Cl...!A 4411.P.AV•foir410 ta,r...,.41••••••r•I....v..,.irr rd..• ,.. .. • / II / .. .. . •‘ ! / • ! • ., i i 20 General .1,Tote::••! ., , N. 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ROLL-UP GARAGE 0) . , 1 1.1..":7-_"-Z..7'..i __, :;.:. .. :.11-----f> i <1---1 r r'• .:, •,..7.:._ Th,... • .: , . ..._, , ...... , , .... .... 0 : , , DOOR EU Zi C) 4-10.11 i EXIST EXIST, i 1 . J 31_011 ! ,, 0 *-1 w . = I :. (d s.,,, 41, , ,, , .' ,_1.1.. < <I 0 , 1! .1 .....,...., 11 - ‘I- tti , , t ! ;• .•;);_Oil ; :,„„ • 151-8" 511 17'-4" i , J 61-0" ! . 201-2" -;-!._ I 0011-11: <3.) " i' • I . , / I • , .,. \-::::••,• ' I 1 • L/./ ':).- •- . / / .• z . • • (I) ••,. k..1 ill1YER1' ,:i!" <- cst • . . , . •.•-• ..-z •, ; 0 . ., i 6" • ! , X •••-•-• • / "gl(1.1!_. 1 cq r-103 \, . .... . 1 :: •• ", , I • (t) 0 REMOVE ALL PLm UMBING i•--. - • 1‘-i)t-..:VY • I „ 1 • cn • . 0 EXISTI.L1.5 . , : _I - Fix-ruRE-..s. CAP ; i. • .1_. . :. I - 1. \tr•HRKI ' -1 " ' I.- , (Nt tt.,-41 , , •, , •• . 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