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HomeMy WebLinkAbout5472 '7 1 jy LATHAM,TWOMEY, Jl A3IIAliI, SgdE L & KELLEY, LLP ' ATTORNEYS AT LAW THOMAS A.TWOMEY.JR. 33 WEST SECOND STREET EAST HAMPTON OFFICE STEPHEN B. LATHAM P. O. BOX 9398 20 MAIN STREET JOHN F.SHEA, III RIVERHEAD, NEW YORK 11901 EAST HAMPTON,N.Y. 11939 CHRISTOPHER 0. KELLEY (631)324-1200 MAUREEN T. LICCIONE DAVID M. DUBIN 0 TELEPHONE: (631) 727-2180 SOUTHAMPTON OFFICE R EDWARD REALE FACSIMILE: (631) 727-1767 51 HILL STREET i PETER M. MOTT SOUTHAMPTON,N.Y.11968 SUZANNE V.SHANE (631)28T-0090 JAY K OUARTARARO1 www.SUYOIk(aw.com JANICE L. SNEAD PORT JEFFERSON OFFICE MARTHA L. LUFT 105 MAIN STREET JANE DiGIACOMO Email address: mtinnegan@suffolklaw.com PORT JEFFERSON STA.,N.Y. 11776 (631)928-4400 OF COUNSEL Direct tax: (631) 727-2385 KENNETH R LAVALLE BAY SHORE OFFICE JOAN C. HATFIELDA ONE EAST MAIN STREET, ALICIA SHEEHAN O'CONNORA Ext. 233 BAY SHORE,N.Y. 11706 SUITE1 (631)665-8300 ANNE MARIE GOODALE PHILIPD. N HAUPPAUGE OFFICE DENISE R. SCHOEN 400 TOWNLINE ROAD LAURA I. IND HAUPPAUGE,N.Y. 11788 MARTIN D.. FINNEGAN° (631)265-1414 TRACY KARSCH PALUMBO February 4,2004 BRYAN C.VAN COTTo BAPERIK J. BURGOS" C NY&LA LL.M.IN TAXATION A A NY d CT BARS NJ,&PA EARS Ruth D. Oliva, Chairperson * NY,NJ'BARS ARS Zoning Board of Appeals Town of Southold Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RE: DCE/Deroski Land Holdings, LLC SCT M: 1000-136-100-20 Dear Chairperson Oliva: Please be advised that our client, DCE Land Holdings, LLC has decided to withdraw their application for a Lot Line Modification and related variances at this time. We will, therefore, not be appearing at the scheduled hearing of this matter on February 26, 2004. Thank you for your consideration. ��'�—� V;:fy tr iy,.)yours, ar ' lI. Finnegan MDF:yq • cc: Robert Deroski eN FORM NO. 3 rtiS NOTICE OF DISAPPROVAL DATE: August 18, 2003 AMENDED: September 5, 2003 RENEWED: December 19, 2003 c ..a© 4n".- TO: Twomey, Latham, Shea&Kelly A/C DCE Land Holdings LLC 33 West Second Street Riverhead, NY 11901 Please take notice that your application dated August 18, 2003 j' For permit lot line change at Location of property 2725 Harbor Lane, Cutchogue County Tax Map No. 1000 - Section 136 Block 1 Lot 20. 21, 22, 24.1 Is returned herewith and disapproved on the following grounds: The proposed lot line change to these non-confo ming parcels in the Residential R-40 District, is not Permitted, pursuant to Article IIIA Section 100-30A.3., which states: "No building or premises shall be used and no building or part thereof shall he erected or altered in the Low Density Residential R-40 District unless the same conforms to the reuirements of the Bulk Schedule and of the Parkin. Schedule, with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires that such parcels measure no less than 40,000 square feet in total size. Following the proposed lot line change, parcel one (which currently measures 36,839 square feet)will measure 30,604 and parcel two (which currently measures 32,437 square feet) will measure 38,672 square feet. This Notice of Disapproval was amended on September 512003, to take out the waiver of merger at the request of the applicant who does not wish to ask for a waiver of merger at this time, with respect to the rear portion of parcel 2. _ y e ,gla3 . orized ;ignat, re CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Onlyc/---� Fee:$ Filed By: Date Assigned/Assignment No. ✓ \�7 Office Notes: 9 'It 9, 03 �L 0 Pc- Parcel Location: House No. 2725 Street Harbor Lane Hamlet Cutchogue 20, 21, 22 (Parcel 1-26,839;Parcel 2 SCTP,I 2000 Section136 Blockl Lot(s)24 1 Lot Size 32,437) Zone District R-40 I (WE) APPEAL THE WRITTTIN DETERMINATION OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s): ilcF T.and Hol ding, LLC/Rnhart T Darnski Revocable Trust Mailing Address: 2835 Harbor Lane, Cutchogue, New York Telephone: 734-6633 1737 f NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Martin D. Finnegan, Esq. Twomey, Latham, Shea & Kelley, LLP Address: 33 West Second Street, P.O. Box 9398, Riverhead, New York 11901 Telephone: 2 _ :a I—) Please specify who you wish correspondence to be mailed to, from the above listed names: C Applicant/Owner(s) a Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 8/18/03 FOR: 0 Building Permit. O Certificate of Occupancy 0 Pre-Certificate of Occupancy O Change of Use 0 Permit for As-Built Construction Other: Lot line modification Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article TTTA Section 100- 30A Subsection 3 Type of Appeal. An Appeal is made for: ® A Variance to the Zoning Code or Zoning Map. O A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code, Article Section 0 Reversal or Other A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No. Year . ` 1 Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: See Exhibit "A" (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: See Exhibit "A" (3) The amount of relief requested is not substantial because: See Exhibit "A" (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See Exhibit "A" (5) Has the variance been self-created? ( ) Yes, or ( x) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART 13, E. •n next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Othe- t,. lease .roceed to the si+mature and notary area below. C- Signature o. • • •,- lant or Authorized Agent rn S oto before me this (Agent Authorization from Owner) ota •ubiIc) BRYAN C.VAP.COTe sreotry Rebbe,Save of New Yo-1/4 02VA5C77332 Qualms! 723A App 9/30102 p��..M1�[�,� ERs!1E1 Stehlk Cowf?y7_ Cemmiss.er Expires May 5, TOWN OF SOUTHOLD ZONING BOARf OF APPEALS X In the Matter of the Application of DCE Land Holdings, LLC and the Robert J. Deroski Revocable Trust X MEMORANDUM OF LAW OF DCE LAND HOLDINGS, LLC IN SUPPORT OF APPLICATION PRELIMINARY STATEMENT This Memorandum of Law is submitted on behalf of DCE Land Holding LLC., ("DCE") and Betty R. Deroski as Trustee of the Robert J. Deroski Revocable Trust ("Deroski") for a modification of the Lot-Line currently existing between the applicants' respective properties. DCE is the owner of the parcel identified on the Suffolk County Tax Map as No. 1000-136-1-20 (hereinafter referred to as Lot 1). Deroski is the owner of the parcels identified by Suffolk County Tax Map No. 1000-136-1-21, 22 and 24.1. (hereinafter referred to as Lot 2). As depicted on the attached survey map, Lot 2 was initially comprised of sub-lots 21 and 22 only,however, those lots have merged with sub-lot 24.1 by operation of law. For the reasons set forth below, DCE and Deroski submit that the variance sought should be granted. STATEMENT OF FACTS As depicted on the attached Map, Lot 1 is currently comprised of sub lots 99-105. Lot 1 is improved with a single-family dwelling. Lot 2 is comprised, in pertinent part, of sub-lots 93-98. Lot 2 also includes sub-lot 24.1 by merger. The existing Lot-Line between Lots 1 and 2 bisects sub lots 98 and 99. With this 1 application, DCE and Deroski propose to move the existing Lot Line from its current location to the line bisecting sub-parcels 100 and 101. (See attached map). The subject parcels are located in the Low Density Residential (R-40) Zoning District where parcels are required to be no less than 40,000 square feet. However, the majority of the neighboring lots are substandard with most being one half acre or less. Lots 1 and 2 are also substandard within the R-40 Zone. At its current dimensions, Lot 1 is 36,839 square feet. Lot 2, as a result of the merger, is currently 32,437 square feet. If the modification is approved, the resulting Lot 1 will be 30,604 square feet leaving Lot 2 larger at 38,672 square feet. As such, a variance of 23.5% is needed for Lot 1 to effectuate the Lot Line modification. The applicants request a variance from the requirements of Article IIIA of the Southold Town Code, Section 100-30A.3 which provides: "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full". Specifically, the applicants seek a variance from the Bulk schedule which requires that any such parcel be "no less than 40,000 square feet in total size". A Notice of Disapproval reflecting these requirements was issued to the applicants on August 18,2003 and amended on September 5,2003. 2 ARGUMENT THE APPLICANTS HAVE SATISFIED THE REQUIREMENTS FOR THE ISSUANCE OF THE REOUESTED AREA VARIANCE Pursuant to Section of the Southold Town Code and Section 267-b of the Town Law, the Zoning Board of Appeals must consider in determining whether to grant an application for an area variance whether the benefit to the applicant by grant of the requested variance outweighs the detriment of the health, safety and welfare of the neighborhood or the surrounding community. When the conducting the weighing analysis set forth above, the Board is also charged with considering the following five factors: 1. Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by grant of the area variance. The applicants submit that the grant for the requested variance will not create an undesirable change in the neighborhood nor a detriment to the value of nearby properties. The relief granted by the applicants is simple and straight forward. The applicants seek only to move the lot line between Lots 1 and 2 resulting in a de minimis change to the dimensions of each lot. As for Lot 1, the proposed modification will result in a parcel measuring 30,604. square feet. Since Lot 1 is improved with a single family dwelling, the modification will result in a lot which is more conforming with the character of the existing neighborhood where most lots are approximately one-half acre in size. Conversely, the resulting Lot 2, which is vacant land, will become substantially 3 conforming in the low density residence R-40 zone. The applicants can perceive no detriment to any nearby property if the variance is granted. 2. Whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance. Although the existing lots are already substandard and non-conforming, in light of the current zoning classification, the applicant cannot effectuate the proposed lot-line modification in the absence of the relief requested from the Zoning Board of Appeals. 3. Whether the requested area variance is substantial. The requested area variance is in no way substantial. The variance requested for Lot 1 from the 40,000 square foot requirement is 23.5%. As for Lot 2, the dimensions will actually increase to a size within 3% of the required square footage. 4. Whether the requested area variance will have an adverse impact on the physical and environmental conditions of the neighborhood. The requested variance will in no way have an adverse impact on the environment and will, in fact, improve the physical conditions of the neighborhood. The applicants submit that the modification will bring the improved Lot i into conformity with the neighboring lots which are for the most part, half-acre lots. In addition, the modification will cause Lot 2, which is now vacant to be more conforming within the R-40 zone. Since no construction is contemplated on Lot 2, the applicants perceive no immediate environmental impact. 4 5. Whether the alleged difficulty was self-created. While the applicant concedes that the low density residential district was created before they took title, it is submitted that the issue of self-creation is not determinative here. In light of the de minimis relief requested, the applicant submits that the issue of self-creation should be disregarded by the Zoning Board of Appeals. CONCLUSION The applicants respectfully request that the requested variance for Lot 1 from the bulk schedule requirements be granted and the that the lot line modification be approved. The applicants submit from a planning perspective, the modification of this lot line will serve the dual purpose of maintaining the character of the surrounding community where creating a substantially conforming lot in the low density residential zone with no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Dated: December. 18, 2003 Riverhead,New York O L A T`b M, SHEA & KELLEY,LLP. Attorneys ^o• Appl cant BY: 1TIN D. FINNEGAN 33 West Second Street O. Box 9398 erhead,NY 11901 (631)727-2180 5 • PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): DCE Land Holdings, LLC I. If building is existing and alterations/additions/renovations are proposed: N/A A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size:_ Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: N/A Dimensions/size: • Square footage: II. If land is vacant: . Please give dimensions and overall square footage of new construction: Dimension/size: N/A Square footage: • Height: Ill. Purpose and use of new construction requested in this application: N/A • IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): None V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. • 7/02 Please note: Further changes,after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (7654802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes f No B. Are there any proposals to change or alter land contours? C Yes at No C. 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? N/A 3) Is the property bulk headed between the wetlands area and the upland building area? N/A 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If not applicable, state `n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? S9 Apxhib}L !ryes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel vacanr and/ctrnc+„ros and proposed use same Authorized Signature and Date PROJECT I.D. NUMBER SEOR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name • DCE LAND HOLDING, LLC DCE DEROSKI Lot Line Modification 3. Project location: Municipality County Southold Suffolk. 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) 2725 Harbor Lane, Cutchogue, NY, at intersection of Harbor and Oak Street 5. Is proposed action: ( )NEW ( )EXPANSION ( )MODIFICATION/ALTERATION N/A 6.Describe project briefly: • Movement of Lot Line which now lies between. sub-parcels 98 and 99 to the line between sub-parcels 100 and 101. 7.Amount of land affected: , Initially: acres: Ultimately: acres .85 Lot 1 .70 acres / Lot 2 initially .74 ultimately .89 8.Will proposed action comply with existing or other existing land use restrictions:( )YES ( )NO If No,describe briefly: • The lots are substandard in the R-40 Zone but conforming with surrounding lots. 9.What Is present!and use in vicinity of project: (describe): i)Residential ( )Industrial ( )Commercial ( }Agricultural ( )Park/Forest/Open Space ( )Other • 10.Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,('rederal,State or Local)? ( )YES (IX) NO If Yes,list agency(s)and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( )YES ( X) NO If Yes,list agency(s)and permiUapprovais: • 12. As a result of proposed action,will existing permit/approval require modification? ( )YES ( X) NO If Yes.list agency(s)and permit/approvals: I certify that the information provided above is true to the best of my knowledge Applic='- 7 upon-it-. at-: Twomey, Latham, Shea (Si Kelley, LLP Date: Y: Martin D. Finneean Signature; /// If the actio in" the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessrr r • _ A9'PI.[CANT • ,r€tANSICTIONAI, DISCLOSURE FORS • 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_ • OUR NAttEr DCE Land 'Holding, LLC (Last name, first 'name, middle initial,- unless you are applying in the name of someone else oc - - other entity, such as a company. If so, indicate - the- other pers on'e or company's name. ) - NATURE OF APPL.ICAT.tON_ (Check all that apply. ) Tax grievance Variance • • Change of one - • Approval of plat . Exemption from plat or official map lot line modification Other ' - (IC ,other,` name the activity. ) Do you personally (or through your company, spoune, 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- "nueiness interest" means a' business, including a partnership, in which the town officeror employee has even a partial ownership of (or employment by) ' -a corporation in which the town officer oremployee owns more than 5% of the — • shares- YES NO X • If you answered 'TES," complete the balance or this -form and - -date and sign share indicated- Name of person-eonpLoyed by the Town or 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 hie or her sponse, sibling, parent, or child is (check all: that apply) : Al the owner of greater than. -5% of the shares or the corporate stock of -the--applicant (when -th e•applicant . ie a corporation) ; - o) 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 or the applicant; or, ' D) the actual applicant. • • -DESCRIPTION OF RELATIONSHIP • • . Subm! tted this It-- day or6.Q� i�?:_ 2003 Tracy Karech Palumbo - - rotary P o!ic, S:a.z of New Yor • k No. 02PA5o87274 j�'-._c _.—.._ Qualified in Suifo!k County 20QT I t. e Betty R. Deroski as Trustee of the . slot. ves February 98, _-_-_ __._._ Gpttamts, P ---Robert .J. Derosk� Recovable Trust AUTHORIZATION I, Betty Deroski, as co-trustee of the Robert J. Deroski Irrevocable Trust, hereby authorize Twomey, Latham, Shea & Kelley, LLP., to act as my agent on the property at SCTM # 1000-136-1-21,22, 24.1 in Southold, New York and handle all necessary work involved in the lot line modification process with the Southold Planning Board. BETE DEROSKI , F.21 to before me this [[ ii a.y of September, 2003. otarrisk FNN N No . -ublio,State of Naw TOM " No. OWF16056707 County Quioned SAires Marchtiotk 26 20 Commission Exp TWOMEY, LATHAM, SHEA & KELLEY, LLP ATTORNEYS AT LAW THOMAS A.TWOMEY,JR. 33 WEST SECOND STREET EAST HAMPTON OFFICE STEPHEN B. LATHAM • P. O. BOX 9398 20 MAIN STREET 'i. JOHN F.SHEA, III RIVERHEAD, NEW YORK 11901 EAST HAMPTON,N.Y.11937 CHRISTOPHER D.KELLEY (631)324-1200 MAUREEN T. LICCIONE ''. DAVID M. DUBIN0 TELEPHONE: (631) 727-2180 SOUTHAMPTON OFFICE P. EDWARD REALE FACSIMILE: (631) 727-1767 51 HILL STREET PETER M. MOTT SOUTHAMPTON,N.Y. 11968 • SUZANNE V.SHANE (6311 287-0090 '.. JAY P.OUARTARAROT www.suffolklaw.com JANICE L.SNEAD PORT JEFFERSON OFFICE MARTHA L. LUFT 105 MAIN STREET JANE DiGIACOMO PORT JEFFERSON STA.,N.Y 11776 (631)526-4400 OF CUNSEL KENNETH P. LAVALLE BAY SHOPE OFFICE JOAN C. HATFIELDA ONE EAST MAIN STREET,SUITE 1 • • ALICIA SHEEHAN O'CONNOR0 BAY SHORE.N.Y. 11706 ' (631)665-8300 ANNE MARIE GOODALE • PHILIP D.NYKAMP HAUPPAUGE OFFICE DENISE R.SCHOEN 400 TOWNLINE ROAD LAURA I. SGUAZZINA HAUPPAUGE,N.Y.11788 MARTINFINN PAL (631)260-1414 TRACY KARSCH PALUMBO Vq)JvP BRYAN C.VAN COTT. ERIK J. BURGOS(~ 1�/!/5/L3 O NY A LA BARS I 1- Nv.M TAXATION • December 18, 2003 ° NY'N., BARS • NY.NJ.&DC BARS • Ruth Oliva,Chairperson Southold Town Zoning Board of Appeals • Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RE: Area Variance Application for DCE/Deroski Lot Line Modification Dear Chairperson Oliva: With respect to the above referenced Area Variance Application, please find • enclosed seven (7) copies of the following: 1 . Amended Notice of Disapproval dated December 19, 2003 with the • underlying application; 2. Application with accompanying exhibit and survey map; 3. Short form EAF; • 4. Transaction Disclosure and Authorization 5. ZBA Questionnaire; and 6. Application fee $400. May this letter also confirm that,by copy of this letter with enclosures, the above has been served upon the Southold Town Building Department. Thank you for your consideration. Very 'yours, • MDF/yq MartinD. Finnegan • • Enclosures cc: Building Department o ,tf 0004 ELIZABETH A.NEVITJ.E ++ �� �'d`� Town Hall,53095 Main Road TOWN CLERK P.O. Box 1179 ifiREGISTRAR OF VITAL STATISTICStnih Southold, New York 11971 MARRIAGE OFFICER �� # ' :t Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ._a'(! ,•%,:t I Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER „ � southoldtown.northfork.net EFICE OF THE T WN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: December 26, 2003 RE: Zoning Appeal No. 5472 Transmitted herewith is Zoning Appeal No. 5472 of DCE Land Holdings LLC/Robert J. Deroski Revocable Trust by Twomey, Latham, Shea & Kelley LLC for a variance. Also included is: Letter of Transmittal dated December 18, 2003; Project Description; Applicant Transactional Disclosure Fo++u; ZBA Questionnaire; Short Environmental Assessment Form; Notice of Disapproval dated September 5, 2003, amended December 19, 2003; letter of authorization; and survey. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/24/03 Receipt#: 55307 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 55307 Total Paid: $400.00 Name: DCE, Land Holdings LLC 2725 Harbor Ln Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID:84426 TOWN OF /4001 - /3oi - L. .20 6 //_ /s. OWNER STREET il 4N - VILLAGE DISTRICT SUB. LOT* 97 z //®2,e, FORMER OWNER N E ACREAGE zr �U i -rt I S W TYPE OF BUILDING � p 1„ arJ4/+QY " Tc , F72.1 1 s -WC` RES. ,40 SEAS. VL. FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 1/4.5 66 _ 37d d V cid 6-4164, C`,_„ - a, SEC .w35 ,tuO EactAa DarAS&f. D cop . 7 0 Lf O 0 (a GOO -3 a` /6 C IS-70r)- �I 917 i p OZ" r'C-.), -4)1)c--E anct HotorgP P Ili - / 0 4ec' 6" re ,' 7, /4' , .v 7l tP (J 4e -et.' (6" %1� �;'ifn. 7y;',,"t�'�g� � '0 \' \` ,c,\ -�c�_ �� , 1 ‘., AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillc.. e 2 DOCK Tillable 3Im /0 2- c.M. 74; f Woodland ¢i .5 1� w 9 Swampland - r st 7 7 3rushland /° louse PIS �. 47 lft • ,- ' ' ) ill,t e 4' L it 1 ��� ' r. T.,tal i ' ■-_ - r ■ __ _ tl III%l I // ill _ IJ. P k t3� I I Iii V 1 I I Iii I . v __ V. Bldg. Cn 1/04^� �I I Foundation I .r, Bath xtension c�. m ` ` Basement 2�i f=loors 1}'y e L _ -xtensionPo !/ 1 Ext Walls Interior Finish - Exte Fire Place 7,f 0. _ IHeat cr,-ig41,• �;�SS- / !t) / i t7 / g ' ( �a 1 Porch Roof Type qG�d 4,.9 Porch Rooms 1st Floor 3reezeway Patio Rooms 2nd Floor ----� Sara e t . ,j tr, DrivewayDormer 3. B. , ( Lo- etTOWN OF SOUTHOLD PROPERTY RECORD CARD on -736-- -e OWNER STREET --' .- VILLAGE DISTRICT SUB. LOT4k ea 43/yiA 9i tebeAr+ 0, 14,:i e i . 7) i i 1.---' 'Nte-Aro. k-4: ezp----rets_ ,') d ik i-- r? c:' :4 ?..- e., .,t 09 o 4? v .C., ,,,,746 Le,/fe,,,,e,-*.e-it A 71, .-) v. FORMER OWNER D.ertikt N E ACREAGE 0 JAL_ CA 360 .#4 i Cr Jet:*VI bi.tenle'6 4 ettriel S W TYPE OF BUILDING JD° 19- 7; y ke/so?? :ES. 2/ 62..,. SEAS. VL. FARM COMM. IND. CB. MIST' . Est. Mkt. Value ,./ LAND IMP. TOTAL DATE REMARKS 64/7i sork-va lEt (YG u/i 474//7/9/71- 7;),fre/56)6 /6 41 ))ile)0- 14, Z 047314 0 0 6 0 0 )946 Co /1/2-Y77 ....ie. .9„,vat5 oo 7), >ant.). /. --De 1 0 8 XI (9'et A i /, se I 000 3 00 v 3 Q 0 1 113o I ; 1-;cp +ii.,:hAiecic a 1,a re.,itz rnr - ,_- -' --- •() °' el 1)1'5 " “ I / i c... -'c,i..li_ipo 42 ,-,...2C 7 -/26"-vc-xs i ' , 3/4/e(e, ._. rc) t#-- Li4-ca 3 1.6 Y-4c.icc-cyt ,--:-.,-roifa ..ac `.79tC)(er- .), 41- n it,ifs AGE BUILDING CONDITION l it" acc 1- isi <9 a I) (a[37'?? - hP 170S-'7- Se ce-,s ,m-i-ortce_ b/a ,L-c-' )139 5/ NEW NORMAL BELOW ABOVE FRONTAGE ON WATER N/C314i1) Farm Acre Value Per Acre Value -- FRONTAGE ON ROAD / a? 7A.. 6;1 _.5.- o (} S- 'illable 1 BULKHEAD illc., , 2 \I-7: :1S 912_,(4 -2-91 'i DOCK , J i 'liable 3 j:c.//70 ` 13P'/I0/5--e c_R_e_ptsbx-170,s-- ) tip , , Voodland 57/ $ )0,-, - -, 00.40 s P7057j I warnpland ___ -- CP/el ../3P (2.;, 1 01 R„ r (aces-tt aohcoci) W, \0 rushland LS -3 g % )- I ' I/5)/(77, -13)w 0 .). 25-7 rk7 1/0•0-r_Crt."ri -it c2 A I I r-i __, N\i'-‘. 1 IC) louse Plot / ?A7 B ?' c. 1.4 r-7 F f i (A9±4.),(,/,,,,5 , 3.C; '7 ) _ ____ --ifio_sk-i. -ft 6ermici' etano - Co-----rvi,e-4,es, ) ID c*al (107 3/I i 60007(064,2 m (' fllith, (1?1; ' Q4 Pi p 1/2 ces: 9 / --(,imo ), , you --“si- ,(- ,..,../......_ _ , ,, I H- -h- I I I C _ I L � � _ IIIi �-- r-I i 1- -I- I -Cr 1- L ,_.+ _ , T- a _ � + �� • Bldg. Foundation � � e_. fBath tension — — Basement Ldoors I — tension --- -- Ext. Walls Iinterior Finish j -- tens H ---- Fire Place � — -- 4-- eat — — Porch Roof Typo Porch —I - Rooms 1st Floor ,ezeway — Patio Rooms 2nd Floor rage Driveway I Dormer HJ j y / 000 , /34 . a TOWN OF SOUTHOLD OROPFRTY RECORD CARD ii_ i< OWNER STREET VILLAGE DISTRICT SUB. LOT e yer- e/ J?an-j L , D yi a7 e v a. rt.hA. (9$ A J *E e N / `, V i C I? o y Id e 7 _Q c°�t e _ FORMER OWNER N E ACREAGE � VJt� r S W TYPE OF BUILDING 6, r4y , e, SFy) RES. SEAS. VL. FARM COMM. IND. CB. /MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS `111 !J-"V i.56-6) Zee vo G//7 Sudrajo.f,_ (o„, / 'i%(,V )/9 %o,k_,lsab h S 0ih»er inrc4 (,��( ,} X 76 9 q y . ///2-y,77 a l '7� / /j L 87313 / V U 8U Q & / J vpf/ 1-? .Sd K(` .,,n,u no.._Th,h-6ev r'a J7 e.y.0 S tai 1.`7, &->J) • 3e, 1/2/43c C., O6Y1 Ca IFF if S pc.4Y4c(5 Pe'Y l AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD jr& { f 7 a d f Gj- 0— 3 Tii4able 1 BULKHEAD Tili,.,(e 2 DOCK Tillable 3 Woodland Swampland Brushland Houselot i° - -- Total 1. _ —.tee.-- n I T = 11. 1 I :1. I1 I r 1 ji ' T TI _ 1 1 11 IFl I _ -' I , 1 11 I� _ 1 ._, A. Bldg. Foundation I Bath — ' :xtension I Basement (Floors ixtension Ext. Walls Interior Finish I 'xter 1 Fire Place Heat Porch I Roof `type 7 E� " AI" 2 9;1 y 2 5 I, Porch Rooms 1st Floor 1 — 4eezeway Patio Rooms 2nd Floor iarage 2‘ y l V : ‘2 7 l') S t1,2_ Driveway Dormer zip _ . TOWN OF `100 - i6 ® /—2> l OWNER STREET-2t. -7, (:)..., J,-) VILLAGE DISTRICT SUB. LOT 9�s - 77-® 9 0 'f° '_ TVI t t - t" Ai," 'AKA / f- ,Yca k"• Aoki /_ w % 4 a el if "r -_ FORMER OWNER N E ACREAGE d lftS S W TYPE OF BUILDING RES. 3/ SEAS. VL. FARM COMM. IND. CB. s"""- MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS KV/5 27 / 2,/,y ,„ riX M1 , ei...lig; 'p ee,diA ,e, ;tad 06 e� C j /)Fh,r,,r.7. e 7ys,d' a 7/z. /) ` es j, 3 4 )'( 7 / iC r sa cee t, ( 1 j_, L.?e o,;._ , 7a /1/4. a/c a/c#(Zit,' ',3 d°'i f (> 9ls/2 6 0 /a b l a 0 h// 7 i i ,) /'4°A:.c uS eg (41c) /.,• de3osri!; 9e /a 3ensf, a / /3 49f Jc9 ao- Lia€9,367a/7r,a/ ros y” 74 ,raiski - anorceLeres AGE BUILDING CONDITION 0 M\-\1 -1 \,-. 1�4 c �I ACC.17 /cid i 2 Ieqp NEW NORMAL BELOW ABOVE FRONTAGE ON WATER l Farm Acre Value Per Acre Value FRONTAGE ON ROAD 75 4 ,; z bum, / L Tillable 1 BULKHEAD Till_ ,e 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot Total ■ 1 1-11 - j if 1 L L I_L II -I-_. 1 i M Bldg. I j Foundation Both i Extension Basement Floors I Extension Ext. Walls Interior Finish Extt. on Fire Place Heat Porch Roof "Type Porch Rooms 1st Floor I Breezeway Patio Rooms 2nd Floor Garage Driveway Dormer 0. B. ' )1 9 .4 :)., 0 eel , to Afa 1 , TOWN OF D PROPERTY RECORD CARD _1"o > '34 _/W a L 4J /S OWNER STREET . `6 ,. jJ VILLAGE DISTRICT SUB. LOTS 79— yy �� �., • '_ j y ?fr- e '9<a e s .- =s �- • A e2 �- �i d b^,- Zan �? .4„,,f d e �uo q "� v � '°"e� FORMER OWNER N E ACREAGE 5.c-resift!' C ` , S W TYPE OF BUILDING 6 r r 6, eCe J-7, :ES. '"1/O SEAS. VL. FARM COMM. IND. CB. MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS/73d6/-2 , c , b fa area-eros, �'1.LO /gooa � l� {/ /1./ /,/-`'/79 c ,c-✓A°C;%/= o#,& �' 404 v),“e/ /31xf'• , /f5'7 6 0 0 r 0 <) m>), S 00 VA? ( co 1172.v ss4_(..4NP.�r,_DG. > 6:PPC( ! 7D /o-. DCC°-S1 % '... e - �7f 6O0 4 6` 03 3i °0 i F// .?'" ;7ar �'1 • / �— 1-fr® 4,2Potr°oma -ca47-45 I -M : AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD bis- o O 6" 0"0 'illable 1 BULKHEAD )llo_.a 2 DOCK 'illable 3 -"-- — _ Voodland wampland rushland louse PIor 'otal IN-MI _i_ ', T I _a -- _ o ...�-a,.._..m. .. _- I ' - -- _ - I I r 3y_ f � _� II A. Bldgs Li n 7 y / a "1.5 r r. Foundation c.e,".in.-� Bath 1 Lxten -- „yr sion q 6._/, II, sBeent J Floors (...,,,tlifr#4_ i - xtension I Ext. Walls Interior Finish a, cA- xte, y Fire Place / Heat L' F,tgaS A0.1 "- / 40 1 t a _ t q- o r. Porch) Roof Type Porch Rooms 1st Floor __ reereway I Patio Rooms 2nd Floor israge 949. eway Dormer Co. ,i,-,4r J APPEALS BOARD MEMBERS - Southold Town Hall 53095 Main Road Ruth D.Oliva,Chairwoman P.O.Box 1179 Gerard P. Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 Vincent Orlando ZBA Fax(631)765-9064 James Dinizio http://southoldtown.northfork.net BO.- OF APPEALS TOWN MEMO TO: Planning Board FROM: Ruth Oliva, Chairwoman, Zoning Board of Appeals DATE: February 3, 2004 SUBJECT: Request for Comments - Presently, the Board of Appeals is reviewing the following applications for a February 26, 2004 public hearing: NAME Z:iA# DISAPPROVAL VARIANCE PLANS PREPARER DATE/S DATE OCE LAND 5472 8/18/02 LOT SIZE VARIANCE N/A N/A HOLDINGS 9/5/03 DUE TO PROPOSED 136-1- 12/19/03 LOT LINE CHANGE 20,21,22,241 OF 2 SEPARATE LOTS TOWBEE 5492 1/26/04 MULTIPLE USES ON N/A N/A 63-2-30.1 I i 77,070 SQ FT The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code. Your comments regarding this pending application are requested. By way of a copy of this letter, the applicant is requested to submit a current site plan to your Department, if it hasn't already been submitted in a pre-submission review. Thank you. Enclosures, BD NOD, ZBA application cc: Martin Finnegan, Esq. 727-1767 Abigail Wickham, Esq. 298-8565 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 26,2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN !-OARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 26, 2004, at the time noted below (or as soon thereafter as possible): 10:40 a.m. OCE LAND HOLDINGS and ROBERT J. DEROSKI #5472. This is a request for a Variance under Section 100-30A.3, based on the Building Department's August 18, 2002 Notice of Disapproval, amended December 19, 2003, concerning a requested lot line change to reduce Parcel 1 with a merged area of 36,839 sq. ft. to 32,437 sq. ft., and to increase Parcel 2 with a merged area of 32,437 sq. ft. to 38,672 sq. ft. Location of Property: Eugene Heights, 2725 and 2855 Harbor Lane, Cutchogue; CTM 1000-136.03.20,21, 22, 24.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809A Dated: January 27, 2004. Board of Appeals Ruth D. Oliva, Chairwoman By Linda Kowalski NoTicE oF HEARING A public hearing will be held by the Southold Town Appear Board at Town Half, 53095 Main Road, Southold, concerning this property: NAME : OCE HOLDINGS 5472 MAP #: 136# 2O , 21 9 22 ' 24s1 APPEAL: LOT SIZE VARIANCE PRO JECT= LOT UNE CHANGE DATE : TFIIJRS . FEB . 26 2004 10:40 AM If you are interested An this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD - TOWN OF sO11°TIiOLD 765-109 HARBOR (50') LANE 22"8 ASPHALTIC CONC. PAVMT TOWN MAINTAINED • LIL122 NO7'58'5014 GUY 291.37' 0U R 0O 3871' } 's,s0 9rygq O N ON C' O wrr ^ 18.0' tri Nprn % WELL o y ti ENCLOSED ♦0- S. 1 PORCH --'-,_ 130 9' 5 3' P 1�� �i01 g S1O�ap 10 DWELL. FR n G °A o 17; X2725 30,603.6 s.f. W \ G� 8 37. 541' 154' y60• er CELLAR / ENT. LAND N/F OF \ Or, 6eI SCOTT USSEL Sot, �N / N X98 \ II VACANT b1 \N \ 0e,9 \ \ 100 101 102 103 104 105 CONC 06 107 108 109 110 111 Q� B , 99 323' I I92 bw \ \ \ ✓ N 0 a. G' FR. GARAGE © \ b G 12 32.3' r MO F9 AT coati \ `06 \ 'W '0: SOT58'S0"EZ \ \ \ r• 10.252 A'MGMFD O.L. MON FOL -- MON 01'8 237.00' V sjt °r 37.00' /. _ _ >f z FR x x R ED pJ 9 SHED - T LD 200.00' s SHED \ f0 \ \\ 89 I�88 87 86 85 84 83 82 81 80 79 s' \ r.2 I I I O. 'Po. err \ x \ DWELL 4 JI O/ 9 o `F ry \ 6,5 FRAME BLDG - i 5� 5�' LAND N/F OF / LAND N/F OF �JOJ � yLFy ��. / .NNi MARGARET OTHEN JAMESNb RRY BERT' HENN JOSEPH KOZEL LAND N/F OF 22' SCOTT RUSSEL 0 Cr / v:>)� . / ��'(• l ` / FR GARAGE rRAME FRAME • FRAME FRAME SA / n DWELL DWELL DWELL DWELL. DWELL LL rC, w I 0 O > N m 0 Z S0758'50"E 135.14' TOTAL AREA BEFORE LOT LINE CHANGE OAK (50') STREET LOT 1 36,839 S.F. OR 0.85 ACRES LOT 2 32,437 S.F. OR 0.74 ACRES TOTAL AREA AFTER PROPOSED LOT LINE CHANGE LOT 1 30,604 S:F: -OK-8.70 ACRES LOT 2 38672 S.F. OR 0.89 ACRES LOT ZONING R-40 OWNERS ROBERT J. DEROSKI, 2855 HARBOR LANE, CUTCHOGUE, N.Y. SUFFOLK COUNTY TAX MAP NUMBERS BEFORE LOT LANE CHANGE LOT 1 S.C.T.M. 1000-136-1-20 LOT 2 S.C.T.M.# 1000-136-1-21,22 & 24.1 AREA. TOTAL AREA 69,276 S.F. OR 1.59 ACRES PROPOSED LOT LINE CHANGE SURVEY OF: LOTS 88 TO 110 INCLUSIVE CERTIFIED TO: ROBERT J. DEROSKI; MAP OF EUGENE HEIGHTS FILED: AS #856 SITUATEDOCT.AT: CUTCHOGUE29, 1928 TOWN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORKfir' Land Surveying and Design Cl�'W'w M a/0yd2 P.O. Box 3, Mettituck, New York 11952 FILE I-237SP SCALE: 1"=30' DATEJULY 11, 2003 Phone (631) 298-1688 Fax (631) 298-1588 N. V S. MC N0 50227 p"Lyyining Lb. record. of Robert 1. e.nneny XS ��• ( FORM NO. 3 X /1 N fr,Qct3 ce,x21:.b/, ?V'X' l ,. (P NOTICE OF DISAPPROVAL �'� 0 d fyr DATE: August 18, 2003 AMENDED: September 5, 2003 TO: Twomey, Latham, Shea&Kelly A/C DCE Land Holdings LLC 33 West Second Street Riverhead, NY 11901 PIECE!VED SEp _ Please take notice that your application dated August 18, 2003 5 2003 For permit lot line change at zpn►ttic; 9 0.4o APp its • Location of property 2725 Harbor Lane, Cutchogue County Tax Map No. 1000 - Section 136 Block 1 Lot 20, 21, 22, 24`1 Is returned herewith and disapproved on the following grounds: The proposed lot line change to these non-conforming parcels in the Residential R-40 District, is not permitted, pursuant to Article IIIA Section 100-30A.3., which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires that such parcels measure no less than 40,000 square feet in total size. Following the proposed lot line change, parcel one (which currently measures 36,839 square feet) will measure 30,604 and parcel two (which currently measures 32,437 square feet) will measure 38,672 square feet. This Notice of Disapproval was amended on September 5, 2003, to take out the waiver of merger at the re s nest of the applicant who does not wish to ask for a waiver of merger at this time. Autht- zed Signa ure CC: file, Z.B.A. r'ORM*NO. 3 NOTICE OF DISAPPROVAL 6Y%-<-1.--k7/43 DATE: August 18, 2003 4- TO: Twomey, Latham, Shea&Kelly A/C DCE Land Holdings LLC 33 West Second Street Riverhead, NY 11901 RECEIVE Please take notice that your application dated August 18, 2003 g 2Q03 AUG 1 For permit merger determination and lot line change at ZONING sci F r°aPE/�L8 Location of property 2725 Harbor Lane, Cutchogue County Tax Map No. 1000 - Section 136 Block 1 Lot 20, 21, 22, 24.1 Is returned herewith and disapproved on the following grounds: The proposed lot line change to these non-conforming parcels in the Residential R-40 District, is not permitted, pursuant to Article IIIA Section 100-30A.3., which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires that such parcels measure no less than 40,000 square feet in total size. Following the proposed lot line change,parcel one (which currently measures 36,839 square feet)will measure 30,604 and parcel two (which currently measures 32,437 square feet) will measure 38,672 square feet. In addition, SCTM# 136.-1-21, 22 &24.1 have merged pursuant to Article II Section 100-25 which states; Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. 44 , - uths. zed atture CC: file, Z.B.A. TOWN OF SCUTHQLD BUILDIN( RMIT APPLICATION CHECKLIST BUILDING DEPARTMENT , Dc :have or need the following,before applying? TOWNILALL ' -- Board of Health SOUTHOLD,NY 11971 3 sets of Buildmg Plans TIL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y S.D.E.0 Trustees Examined ,20 Contact: Approved ,20 Mail to Disapproved a/c Phone Expiration ,20 Building Inspector pC� d1n AUG 15I I) t APPLICATION FOR BUILDING PERMIT lJ Date August 14, 2003 BLDG OFP-1 , TOWN 01- SL; THOLD INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in wnting, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and m building for necessary inspections. DCE LAND HOLDING, LLC. (Signature of applicant or name,if a corporation) c/o TWOMEY, LATHAM, SHEA & KELLEY, LLP. P.O. Box 9398, Riverhead, NY 11901-9398 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Owner by attorneys Twomey, Latham, Shea & Kelley, LLP. Name of owner of premises DCE LAND HOLDING, LLC. (As on the tax roll or latest deed) f applicant is a corporation, signature of duly authorized officer a r( (Name and title of corporate officer) Builders License No. n/a 'Plumbers License No. n/a Electricians License No. n/a Other Trade's License No. n/a • 1. Location of land on which proposed work will be done: 2725 Harbor Lane Cutchogue House Number Street Hamlet County Tax Map No. 1000 Section 136 Block -4°4 Lot 20 Subdivision n/a Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy single family dwelling b. Intended use and occupancy lot line modification; transfer sub-parcels 99 & 100 to Lot 21 31. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work lot line modification (Description) Estimated Cost Fee 1 (To be paid on filing this application) 15. If dwelling, number of dwelling units n/a Number of dwelling units on each floor If garage, number of cars 6. If-business, commercial or mixed occupancy, specify nature and extent of each type of use. n/a 7. Dimensions of existing structures, if any: Front n/a Rear n/a Depth n/a Height n/a Number of Stories n/a - - ----- --- Dimensions of same structure with alterations or additions: Front n/a par n/a Depth n/a Height n/a Number of Stories .s/a., 8. Dimensions of entire new construction: Front n/a Rear n/a Depth n/a . Height n/a Number of Stories n/a -- total 36 839.4 sq.ft n/a n/a 9. Size of lot: Bx>i Rear Depth 10. Date of Purchase 02/04/02 Name of Former Owner Margaret M. Friis 11. Zone or use district in which premises are situated R-40 12:Does proposed construction violate any zoning law, ordinance or regulation? YES X NO Lot Area 13. Will lot be re-graded? YES NO X Will excess fill be removed from premises? YES NO X Cuttcho 906 c/o 727-2180 14. Names of Owner of premises DCE Land Holding,Address g Phone No. ( ) LLC. Name of Architect n/a Address Phone No Name of Contractor n/a Address Phone No. • 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. ; b. Is this property within 300 feet of a tidal wetland? * YES NO X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: - COUNTY OF Suffolk) Martin D. Finnegan being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Attorney (Contractor,Agent, Corporate Officer, etc) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 'of' . .:THAM, SHEA & KELLEY, LLP. day of 20 Notary Public BY: ignature of Applicant /RTIN D. FINNEGAN, ESQ. . Attorneys for DCE LAND HOLDING, LLC. f 17 1 1 ,. OFFICE OF ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax (631) 765-9064 January 26, 2003 Re: Chapter 58 — Public Notice for Thursday, February 26, 2004 Hearing(s) Dear Sir or Madam: Please findenclosed 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) By February 9th: Please send the enclosed Legal Notice, with both a cover letter including a contact person and telephone number, and a copy of your survey filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of land (vacant or improved) surrounding yours, including land across any street, railroad tracks, or right-of-way that borders your property (please see revised Town Code Ch. 58 enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (765-1937) and 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. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, name and address's noted, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By February 17th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for at least seven (7) days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The hearing will be delayed 2 months if your property is not posted properly. Please also deliver your Affidavit of Posting to our office-on the day of the hearing. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff OFFICIAL USE ONLY ,. ,,, - .-1 villiii7 DCE HOLDINGS (FINNEGAN)5472 GG . ' ' LOT LINE CHANGE 136-1-20,21,22,24.1 Checklls for new projects: 2725 HARBOR LANE CUTCHOGUE CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY , ' CTY TAX MAP 8 CPES — NEIGHBORS CIRCLED AND #'S WRITTEN \\ SOIL & WATER LTR: PARCELS ON LI SOUND — Mail ASAP B COORDINATION MEMO: ANY COMMERCIAL/SUBDIVISION PROJECTS • Include: ZBA app, NOD, & BD app (S drive ZBA, memos)— interoffice ASAP f . SIGN —2 IF MORE THAN 1 FRONT YARD MAILINGS: INCLUDE COVER LTR, SIGN, AFFS SIGN PSTG & MLG, CHAP v'''' 58, LEGAL NOTICE - COPY OF ALL BUT AFFS & 58 IN FLDR RT / LABEL: (4) INCLUDE NAME, AGENT, TM#, ZBA#, ZONE, MBR'S INITIALS, PROJECT, VARIANCE, ADDRESS —top/front fldr, checklist sheet, 1st pg. appl ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON FLDR RT SIDE ,/ INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR RESEARCH PRIORS — INDEX CARDS, LASERFICHE, — 6 CPES OF DEC (1 d RT SIDE FLDR) - CPE INDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR / INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS ✓ CARD, CTM, ALL OTHER CORRESPONDENCE �N COUNTY PLANNING LTR: for parcels located within 500' of RT 25, CR 48 or bay, sound, or estuary. Enclose ZBA app, decision, survey/map & NOD UPDATED: NEW INFORMATION: 01/27/2004 10 43 FAX 6317272385 TWOMEYLATHAMSHEA&KELLEY f�001/001 _v�_• i ;n: LH �.it/b'�' a la F'i�ii� I ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 FAX Email: Linda.Kowalski(7Town.Southold.nv.us Jessica.B geraTown.Southoldwnv.us tht?.//southoldtown.northfork.net TO: MARITN FINNEGAN PFCEWVED FAX #: 727-1767 JAN 2.7 2004 DATE: 1-27-04 ZONING BOARD OF AF+w` PAGES: 0 to follow APPL OF: DCE HEARING; Thursday, February 26, 2004 TIME: 1:15 PM RE: Please let me know if you are available at the above date and time for a ZBA Public Hearing in the big meeting room located at Southold Town Hall. Thanks, Jess YES i >c �- NO I ZBA fax # 765-9064