HomeMy WebLinkAbout5418 _ -
'St
tH
•
vips
•
(40S- - • A el
6L{a eft_ sitaiiros 4-09A4i56d- Love
If, '
N
1
` '�•//ISI_�-
,'�''S�FF° it
APPEALS BOARD MEMBERS ,� O C
��O�' �G Southold Town Hall
Lydia A. Tortora, Chairwoman c y� 53095 Main Road
Gerard P. Goehringer P.O. Box 1179
George Horning
O .F Southold,New York 11971-0959
yNI,O��� ZBA Fax(631) 765-9064
Ruth D. Oliva Chairwoman if ,
Vincent Orlando _ ,a•'. Telephone (631)765-1809
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD RECEIVED 9-1,--6.-ef
Q-`,30 /in
DEC 1 2 2003
' outhold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 4, 2003
Appl. No. 5418. JEFFREY FORCHELLI
Property Location: 405 Lake Drive, Southold; Parcel 80-3-16.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without an adverse effect on the environment if
the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 11,630 sq. ft. parcel has 60 ft.
frontage along the north side of Lake Drive, variable lot depth of 195.05 feet and 200.80
feet, and 59.47 ft. frontage along a basin, in Southold. The property is improved with a
one-story frame house situated 42.5 feet from the southerly front lot line facing Lake
Drive.
BASIS OF APPLICATION: Building Department's April 17, 2003 Notice of Disapproval,
amended August 4, 2003, under Sections 100-242A and 100-244B, in its denial of a
building permit application concerning a proposed addition at less than 10 feet on a
single side yard and lot coverage in excess of code limitation of 20%.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on November 20,
2003, at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a 234 sq. ft.
addition Oat the southwest corner of the existing house at 5 feet from the westerly side
lot line, at its closest point, and with a total lot coverage of 21 percent.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
Page 2—December 4, 2Gvo
Appl. No. 5418—Jeffrey Forchelli
1000-80-3-16
1. The applicant wishes to update the architectural design of the front of the summer
home and to place a 234 sq. ft. extension maintaining the same side yard at 5 ft. and 5.2
ft. variables at its closest points. The height of the addition will not exceed 11/2 story
height and is proposed to enlarge a bathroom and relocate a bathroom, adding 116.62
sq. ft. over the code limitation of 20%, for a total of 2450 sq. ft. for building areas. The
existing lot coverage is 2216 sq. ft. After a review of the survey and elaboration of facts
in the record, it was determined that the grant of the variance application would not
produce an undesirable change in the character of the neighborhood or a detriment to
nearby properties.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. The 5 ft. addition with wrap around
at the front of the house fills in the front corners, and the architectural features in the
front of the home will be updated architecturally. The front addition will blend into the
setbacks of the house, presently 42.5 feet from the front lot line. The new addition will
conform at 44 ft. from the front lot line.
3. The variance granted herein is not substantial because the amount of relief is
approximately 120 sq. ft. of building area for the side yard requirement and for the 1% lot
coverage over the code limitation of 20%.
4. The difficulty was self-created when the addition was planned and designed without
conformity to today's setback and lot coverage code requirements.
5. There is no evidence that the grant of the relief will have an adverse effect or impact
on physical or environmental conditions in the neighborhood or district. The lot to the
west is unimproved. An addition at this southeast corner of the house will allow the
easterly side yard to remain open and unobstructed for emergency purposes.
6. Grant of the relief requested is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of an addition, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Tortora, seconded by Member Goehringer and duly carried, to
GRANT the variance as applied for, as shown on the plan May 13, 2003 survey
plan prepared by John C. Ehlers, L.S.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, and
Orlando. Absent was Member Hornin . his Resolptio duly adopted (4-0).
Ruth D. Oliva, Chairwoman 12//( /03
Approved for Filing
0 -) 85
1 \ \
2 us your name, please?
MR. MOTT: Jim Mott of Southold,
3 M-O-T-T.
4 CHAIRWOMAN OLIVA: Thank you. Our
next hearing is for Jeffrey Forchelli. It's a
5 request for a variance for a proposed addition
at less that ten feet on a single side yard
6 and lot coverage excess of code limitation of
20 percent at 405 Lake Drive, Southold, and
7 Miss Moore.
MS. MOORE: Good afternoon. I
8 want to begin with responding to a letter that
you have in your -- before I start, I'm sorry,
9 I have the green cards that came in, so I want
to make sure I submitted them (handing) .
10 I want to give you a little bit of
background here because every effort was made
11 to avoid this variance at least to the side
property line. The vacant lot, known as Lot
12 6, Mr. Rapp, who you received a letter from
earlier today, and I thank you for forwarding
13 it to me, he's voiced his objection and made
some statements in the letter that I want to
14 respond to and I want to include exhibits into
your record.
15 This lot, Lot 6, Mr. Rapp had
sought to get approval to construct a house on
16 this property, and as with any parcel that
doesn't have public water, needed to go to the
17 health department board of review for
separation of sanitary from the neighbor's
18 wells. That resulted in a hearing at the
board of review where the two property owners
19 across the street, across from Lake Drive,
Mrs. Forchelli, who is the owner of this
20 parcel, with her husband and the parcel to the
west, which is Mr. Pinkum, they all objected
21 to the development of this property and
actually offered at the hearing to purchase
22 the property from Mr. Rapp and keep it as --
sterilize the property, and ultimately it
23 would become, it would be eventually lot line
changes would be pursued Forchelli and Pinkum
24 would do a lot line change and reserve a right
of way for the two property owners across the
25 street, essentially you would end up with
nondevelopment, sterilization of this
November 20, 2003
86
1
2 property.
Through the board of review
3 hearing, I guess the board of review ignored
the objections of the neighbors, a lawsuit in
4 Article 78 ensued and the court ultimately
ruled that the board of review should have
5 considered one of the issues be it that the
neighbors had offered fair market value for
6 the property. So it was remanded back to the
board of review, and during that period of
7 time there were contracts that were actually
prepared, that's how I originally knew about
8 this property. A contract prepared by --
excuse me, Forchelli agreed to pay for all
9 preparation and contract payment of the
transfer tax. There would be no expenses to
10 Mr. Rapp, including there would be no broker's
commission. It was a sale with 100 percent of
11 the proceeds going to Mr. Rapp. After the
contracts had been prepared, Mr. Rapp
12 rescinded the agreement to sell the property,
and that's where it stands today. Still
13 Mr. Rapp is the owner of the property and
Forchelli, actually realizing that this could
14 go on for some time, made an application to
this Board for renovations to his house that
15 would necessitate the variance for the side
yard.
16 The actual variance that is before
you is to maintain the existing setback of the
17 existing house. In addition, the wraparound
or the bay window in the front is again, less
18 than the front yard, the established front
yard of 42.5. I also provided you a survey
19 that the stoop or the steps have now been
included, that would not have been considered
20 lot coverage or setbacks, but rather than have
any confusion about when this building permit
21 was issued we had that submitted to you in the
interim.
22 This is a very straight forward
application. It's an old home in Braden
23 Shores. This is a well-established community.
The setbacks have been established for many
24 years and the owner is doing a relatively
modest renovations, a dormer on the second
25 story and the renovation on the first floor
and the need for the additional --
November 20, 2003
Zi
1
2 CHAIRWOMAN OLIVA: Excuse me, this
is a one story?
3 MS. MOORE: Well, it doesn't have
the dormers upstairs, so they're popping out
4 two window dormers. So I believe the height
of the building is staying pretty close to
5 what it is, but the dormers are going to be
considered an expansion up.
6 I believe I did submit the front
elevation for you. It appears that the roof
7 line remains the same, but I could confirm
that. I don't believe that there is a
8 variance with respect to the height of the
roof. Everything will stay within the 35 foot
9 limitation.
For the record, here is the
10 contract for the purchase of the Rapp
property, and here is the decision remanding
11 the case back to the board of review with my
client's cover notes, so.
12 BOARD MEMBER GOEHRINGER: The
board of review then subsequently they made no
13 ruling then because they were really
interested in the sterilization?
14 MS. MOORE: No, actually, what
happened was there original ruling was to
15 grant the variance to Rapp to install the
sanitary system at less than the 150 foot
16 setback required. That decision was
overturned by the court and remanded. So the
17 status of the board of review I don't know
whether it's -- it's been remanded whether or
18 not they continue the hearing, I don't believe
they've continued the hearing.
19 BOARD MEMBER GOEHRINGER: Thank
you.
20 CHAIRWOMAN OLIVA: Mr. Horning.
BOARD MEMBER HORNING: No
21 questions, in fact, I've got to go.
MS. MOORE: Goodbye, Mr. Horning.
22 (Whereupon, Mr. Horning left the
hearing room. )
23 CHAIRWOMAN OLIVA: Mr. Goehringer.
BOARD MEMBER GOEHRINGER: Was
24 there at any time any thought of just trying
to increase that side yard, or was there
25 always just the time of maintaining the side
yard?
November 20, 2003
88
1
2 MS. MOORE: Where it shows 13 feet
right now I believe is the bedroom, and see
3 where it says "proposed addition" with an
arrow, it has a 13 foot line? I assume you're
4 asking me about the five foot setback.
BOARD MEMBER GOEHRINGER: Right.
5 MS. MOORE: Where it says 13 or
subsequently where it says 19.16, that area
6 there, that corner I believe is the bedroom;
so they're enlarging the bedroom, and they are
7 having it meet up with the existing footprint,
which shows as a 5 by 12 pop-out. So that
8 was -- again, this a relatively modest
renovation given the homes that you've been
9 seeing in the renovations that have been
occurring routinely in the town.
10 BOARD MEMBER GOEHRINGER: At all
times it's been maintaining?
11 MS. MOORE: Yes. I mean, the
five foot setback was the proper setback at
12 the time; that was the conforming setback.
This lot, I mean, it goes to the bulkhead; if
13 it were just 1, 662 square feet less, we'd be
meeting the setback requirements. You've seen
14 a lot of these type of applications where the
difficulty arises and the 10, 000 to 20, 000
15 square foot lot size.
BOARD MEMBER GOEHRINGER: We're in
16 single side yard and lot coverage.
MS. MOORE: Yes, single side yard
17 and lot coverage.
BOARD MEMBER GOEHRINGER: Which is
18 one percent only.
MS. MOORE: Right. It's 21
19 percent total. Do you have a question, Mrs.
Tortora?
20 BOARD MEMBER TORORA: I was
looking at the map but I was looking at it
21 upside down.
MS. MOORE: Okay.
22 CHAIRWOMAN OLIVA: Mrs. Tortora.
BOARD MEMBER TORTORA: Now that
23 I 'm looking at the map right side up.
MS. MOORE: The renovation is
24 where it says existing is the bedroom now.
It's enlarging the bedroom, providing a closet
25 in the bedroom, and there's a new bedroom, the
front bedroom with a closet. So that's what
November 20, 2003
89
1
2 the addition is.
BOARD MEMBER TORTORA: And
3 otherwise could be accomplished by utilizing
any of the other areas that would not require
4 a variance?
MS. MOORE: No.
5 BOARD MEMBER TORTORA: In other
words, the deck area in the rear.
6 MS. MOORE: What about the deck
area in the rear?
7 BOARD MEMBER TORTORA: You can't
make these types of additions?
8 MS. MOORE: No, that's probably
where the kitchen is. I don't have the whole
9 layout of the house but my guess is the
kitchen's in the back. The bedrooms are in
10 the front.
BOARD MEMBER TORTORA: This is
11 going to be a one-story addition?
MS. MOORE: No, I believe that
12 there's -- well, the picture that I have, the
elevation, shows two windows on the top floor
13 that are dormer windows. I looked at the
house, the windows were there but at this
14 point I can't visualize whether those two
little windows were there or not.
15 CHAIRWOMAN OLIVA: I don't think
so.
16 MS. MOORE: You don't remember the
windows? I can't recall. I wasn't really
17 paying attention to the windows.
BOARD MEMBER TORTORA: I remember
18 one, I can't remember the other one.
MS. KOWALSKI: One story with
19 dormers then is that what you're saying, Pat?
MS. MOORE: I'm saying it shows on
20 the survey, the one story framed house, but
the picture shows the two windows. So I would
21 imagine it's either getting the second story
or half story to provide the dormer, or it's
22 got them there.
BOARD MEMBER GOEHRINGER: Both dog
23 house dormers on are on the assessor's plan.
MS. MOORE: Thank you. So they're
24 there already so the renovation is just the
first floor.
25 BOARD MEMBER GOEHRINGER: The
reason why, Miss Moore, is probably because
November 20, 2003
90
1
2 they probably have to bring a little bit of
the roof line down to encompass a part of it
3 so the water doesn't become a sleuth slay
between this whole new addition.
4 MS. MOORE: Okay. And eventually
we hope that everybody will agree on the
5 purchase of this lot, then there wouldn't be a
need and the variance would be limited because
6 the property line will have been increased,
the side property line.
7 CHAIRWOMAN OLIVA: So
Mr. Forchelli would like to buy it?
8 MS. MOORE: It's not just
Forchelli; it's Forchelli, Pinkum and the two
9 property owners across the way. The contract
I have varies. I think the price had been
10 upped, let me see if I have my notes, there
had been counteroffers up to 340, and Mr. Rapp
11 reneged, so. And they're not that far apart
if he believes that the appraised value is 400
12 with a broker, then the offer is not too far
away. I hope that they'll go back to the
13 bargaining table.
CHAIRWOMAN OLIVA: Is there anybody
14 in the audience who would like to speak for or
against this application? Any other questions
15 from our from Zoning Board? If not, I'd like
to --
16 BOARD MEMBER TORTORA: Did we get
a letter on this to --
17 MS. MOORE: That's how I knew
about it. It got faxed to you today
18 apparently, and I received it, thank you very
much, that way I could respond to it.
19 CHAIRWOMAN OLIVA: If there are no
other questions, I will close this hearing and
20 reserve decision until later.
BOARD MEMBER GOEHRINGER: Second.
21 CHAIRWOMAN OLIVA: All in favor.
(Whereupon, all Board members
22 responded in favor. )
23 CHAIRWOMAN OLIVA: Our next
application is for Douglas and Lydia Defeis,
• • * i
"...,,'S-_, =111
•/ .,:l.
1 Yr% —POO .
ttLiriz
. I • ‘
.a
.I
, 4J4
..;-....4,A,;I .
i
r5pi\t rG -
r-'
--rsiq-c-A-12.--&-- E9
_.5174.4
.
; 1T___ -
ptA"
I f 1101- -. ..--
P.I, \\ f- ,,,,
„„
,
i., /
,
% ...,_. •,_-__;
. ,
• 11 .„;
' ..„
ill ...... •
„........„ .
Ao : - 44--
;
0 . ,' .4 •/
.r-
4 'A
A
-....zda .
,
,,.......„.„....„...,__... •.,„.. ,f111111111111e
ir
-- —- -
1 .• Elea 5 r Algr .11L--
1.„
I
; -
a.. I-
__ -
......,,,' - .
_
' 4
. \
—144E1Z—K .,--A"4- _ CM:CRE:C::QE=T :VSE-
ARC4-1 PL-L.a.
01Arr HP L.-t, t••1 `1
•
p 3—C7—0 3
liPaOr°41t7IP4,
r,4 ANN SC ""A\o‘
•'w `Fil•
0 .
iv ..
• i.
, :
f
/ ' ' 9' I it* If
.. •
AUG 5 2003
1 1 ,
N A.
*s 414,a 23 40J
N:f.ILOP tilito,
1.....-'-',,,,...
----,...,
44)
:'• e
Ile'
e
- /ft a--4'.5 A •
/ --* ...... .'
1 r--,_
.
!W--i... IT . •
i
.7
____ _ _
1..: _....._
.
_
__ __.
._____._ __ __ _ .
.......___
..---.----
-... ....._..-......—_ ------..-.
-
... __. .
—-•-
_.-.—....-... .- -.----
- - ..---.-------.---......._
.... Alkh.. .
................ ....*.e. .............mo
• ..•73(...PA ............91/11111011 '•,• -.
• 6. ...-.
_ ..—..--..
-_-.-
-
Ir.
.--777..=_ •
-.—
k. ri ..._.
....i__
___„__ Un _ •••••••.--"''"...----"'
_--•
--.... _
". —--..---.--.---....
I.. . : • -71".• •• •• .' •- ii-— " -i-
. . ...,' . ... .... ,
)
...
1 r/L 0 Po 5 g p APoiTI 6 4 . .
, . cr Atfir,;:••
- .14
. FOV • - • JO iN
RCI-46 4L-L-( 1-by a€NONSC
....% vr-
-.of.
0.570 610. At i i .
SOUTH T1010
,. 3 .1
Mrs
•
FORM NO. 3
• NOTICE OF DISAPPROVAL
DATE: April 17, 2003
AMENDED: August 4, 2003
TO: Mark Schwartz AIC Forchelli ---
PO Box 933 w
Cutchogue,NY 11935
AUG 5 2003
Please take notice that your application dated April 17, 2003
For permit to construct additions and alterations to an existing single family dwe1Tirig-at= '`SQF
--..._..M�
Location of property 405 Lake Drive, Southold,NY
County Tax Map No. 1000 - Section 80 Block 3 Lot 16
Is returned herewith and disapproved on the following grounds:
The proposed construction to this non-conforming single family dwelling, on a non-conforming 11,630
square foot parcel in the R-40 District, is not permittedpursuant to Article XXIV Section 100-242A
which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a non-conforming building containing a conforming use,provided that such
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
The existing single-family dwelling notes an existing single side yard setback of 5.3 feet. The proposed
addition will maintain that setback. In addition, the proposed construction notes a total lot coverage of
+1- 21 percent.
Therefore, the proposed addition is not permitted pursuant to Article XXVI Section 100-244, which
states that non-conforming lots, measuring less than 20,000 square feet in total size, require a
minimum single side yard setback of 10 feet and a total lot coverage of 20 percent.
This Notice of Disapproval was amended on Au.ust 4 2003 to correct an error in lot covera•e.
t .rized`"Signa ure
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Department.
1
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
For Office Use Only
Fee $ !"— Filed By P ,f Eq _ Date Assigned/Assignment No 5---v1 s-, /S/,3
FORCHELLI, JEFFREY(MOORE) 5418 RO
3 r
ADDN—SIDE YARD SB& LOT CVRG
-
405 LAKE DRIVE, SHLD 80-3-16
Parcel Location: House No.405 Street Lake Drive Hamlet Southold
SCTIVI 1000 Section 80 Block 3 Lot(s) 16 Lot Size 11,662 Zone District r-40
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED:
Jeffrey D. Forchelli by Mark Schwartz, Architect
Applicant/Owner(s):
Mailing 330 Old Country Road, P.O.Box 31, Mineola, NY 11501 a .
„..7
Address:
1 ,,�-
Telephone: 516-248-1700 NIP, 5 , i
NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract Mee.,etc ji
Patricia C. Moore ESq. `` I
Authorized Representative:
51020 Main Road, Southold NY 11971
Address:
Telephone: 631-765-4330 fax 765-4643
Please specify who you wish correspondence tO be mailed to, from the above listed names:
❑ Applicant/Owner(s) ( Authorized Representative ❑ Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR:
ffBuiiding Permit
❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy
❑ Change of Use
❑Permit for As-Built Construction
0
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article XXIV Section 100- 242 Subsection A
.2"'(4'7 Cov 'e4 e )
Type of Appeal. An Appeal is made for:
lit A Variance to the Zoning Code or Zoning Map.
❑ A Variance due to lack of access required by New York Town Law-Section 280-A.
❑ Interpretation of the Town Code,Article Section
❑Reversal or Other
A prior appeal 0 has 51 has not been made with respect to this property UNDER Appeal
No. Year
Reason for Appeal Continued
Zoning Board of Appeals
re : Jeffrey & Rosaria Forchelli
Pursuant to Town Law section 267b-3 the Southold
Town Zoning Board of Appeals is to analyze and assess
the personal benefits anticipated by the applicant
against the potentially deleterious effects that a grant
of the relief requested would have on the health, safety
and welfare of the effected neighborhood or community.
In performing this balancing test, the Zoning Board is
charged with the responsibility to consider the five
factors enumerated in Town Law Section 267b-3 (b) . The
variance should be granted for the following reasons :
1 . No undesirable change will be produced in the
character of the neighborhood or a detriment to nearby
properties, if the variance is granted.
The addition to the existing residence is along the
landward side of the house, maintaining the pre-exiting
setbacks . The addition will be in character with the
area, as it will update the architectural design of the
front of the house . The additional is proportioned to
the size of the existing house and does not create an
overwhelming addition to the adjacent property. The
change in the lot coverage will be undetectable to any
observer.
2 . The benefit sought by the applicant can not be
achieved by some method, feasible for the applicant to
pursue, other than an area variance . The existing house
is located on a pre-exiting undersized lot in the Raydon
Shores subdivision. The addition maintains the existing
and established setbacks without increasing the "height"
of the structure . The lot coverage is exceeded with the
addition by only 234 Sq. Ft . , the house is
proportionateley sized for the property, however, as a
summer home the existing deck provides the largest
living area and results in greater lot coverage .
3 . The area variance is not substantial The
application of the balancing test weighs in favor of the
grant of the variance . An existing bedroom will be made
larger and bathroom relocated, this can only be
accomplished with a variance .
4 . The variance will have no adverse effect or impact
on the physical or environmental conditions in the
neighborhood or district . The expansion is on the
landward side of the existing house and will not affect
the yacht basin, roof runoff will be retained on site
and results in a de minimus change to the square footage
of the existing structure.
5 . The alleged difficulty was not self-created. The
addition is being made to an existing structure which
was constructed with 5 ' side yard setbacks . This side
yard setback will be continued.
6 . The variance requested is the minimum variance
practicable given the personal benefits anticipated by
the applicant . The addition will be both consistent
with the size, shape and height of the original
structure.
We respectfully request that the appeal be granted,
together with any further relief that is deemed
necessary and reasonable .
s zla- ture
State of New York )
) ss
County of Suffolk )
Sworn to this - Tyday oFi9�G' �v_3
Notary Public
MARGET C. OWSKI
Notary Public,State offNew YOfk
No. 4982528
•
•
PROJECT DESCRIPTION
(Please include with Z.B.A. Application)
Jeffrey D. Forchelli
Applicant(s)
I If building is existing and alterations/additions/renovations are proposed.
A. Please give the dimensions and overall square footage of extensions beyond existing building.
Dimensions/size maintaining existing setbacks 5' side yard
Square footage 234sqft
B. Please give the dimensions and square footage of new proposed foundation areas which do not
extend beyond the existing building:
Dimensions/size: 5 x 19.16 and 16' x 8'+/— see survey
Square footage. 234 sq.ft.
II. If land is vacant:
Please give dimensions and overall square footage of new construction
Dimension/size-
Square footage.
Height.
III. Purpose and use of new,construction requested in this application:
enlarge existing bedroom and relocate bathroom
IV Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s)
map of Reydon Shores subdivision
existing residence nonconforming
V Please submit seven(7) photos/sets after staking corners of the proposed new construction.
7/02
•
UG
20
Please note: Further changes, after submitting the above information, must be placed in writing and may
require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed,
please contact our office, or please check with Building Department(765-1802) or Appeals Department
(765-1809) if you are not sure. Thank you.
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME. Jeffrey D. Forchelli and Rosaria Forchelli
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company If so, indicate the
other person or company name )
NATURE OF APPLICATION (Check all that apply.)
Tax Grievance
Vanance X
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
If"Other",
name the activity.
Do you personally, (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relationship" includes by
blood, marriage, or business interest `Business interest" means a business, including a
partnership, in which the Town officer or employee has even a partial ownership of (or
employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares
YES NO X
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold.
Title or position of that person.
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the
space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply).
A)the owner of greater than 5%of the shares of the corporate stock
of the applicant(when the applicant is a corporation);
B)the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C)an officer, director, partner, or employee of the applicant; or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted ism yJuly 2003
Signatur
Print Name Fns 41/2-774.
�1c}) 0� cu, PATRICIA C. MOORE
�I Sf
4\ ��NL Attorney at Law
Dq 51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
November 21, 2003
VIA FACSIMILE and
FIRST CLASS MAIL
Board of Appeals
Town of Southold
P.O. Box 1179
Southold, NY 11971
RE : Jeffrey Forchelli
Premises : 405 Lake Drive, Southold, NY
Dear Linda:
This is to confirm our telephone conversation, wherein I
advised you that the Forchelli residence is l% stores and the
only increase is the first floor addition as discussed at the
hearing. The roof line will remain the same .
If you have any questions or require anything further,
please do not hesitate to contact me .
Very truly yours,
P'ric'ia C. Moore
PCM/mm
OV-20-03 09 :31 AM AL&FRITZ 1 352 597 2224
vM i , ; �l�x�� X, 03
Si . A Ak T 3to.N4L • ,k4s /- datik%).() --R4cs2Ifek
& nstcsok.
.0.1- 1&.y % k4A4,a, owkw,c.,
�1Aai�'J� 6M\ �u�C� ,`'��. t . t5 At 4-t3 fie.
�qc �4A. &Q.,,, s--t, ��.e�' t9� Qc1� A�. M S&ftl�.a'�IQ
c�h �cp4A, o. sk, tMR Qs it, ft0 1y•fiv -F e
uv.xe4 t
Okix) tit CiN1S&D.A •
�� to ►Na4nr tO Q& C 4)tzkr‘k
$ Nrelle‘ 4LIMU.� � �+cei. cos 0RcQ �t - 1/403)) �k�A � � ` ' qk1305 � �. is� �,ra � �. � �
3 191.3a "tn.' 1' %3 cil- r'()
Mrk)l) rr 91 Xn kaz0) remikieu
tz --J5ilk s- 034. 3 PK#L\s k-Ak_tokIJi espr _
t44101(\vtio 014. rrwd.sx. sQ�on o,
lezkv\di * kksee(PO.g_ (INk.“1_ otkkk, voAL 1).,4 csesa AtzTh
%sss). wIsaisuo ) ct,A,,&& . veva,
N(Or 4#cp ‘15.84,5
ikip fir, 4. ir,.) '
•
Z) (1 tit,NwctsviN 4 , a,tR53 (QQA. .%& k . C.,-altilk5. , SRPP‘gt\IN.5 ,
&Iti‘taislt Qfkl\fo -% eRzoS) e.... 14sL, e41‘oksmtie,,, --(N-
C 4 I 71(kE& K14. tAC)4A))15*V fi\tril VAVS"kfC4.eiM , tCD -
- O�su` *\atksa:L. _ . . ., SIN Qass tig7Ay :fit. U.)e`
i,,,,_
_L
%„,,„ ,ek.5
QO�� trt�!' , (4)1304'S}! Ct1 w0.s 9t�aQ�(Ute4\C7\klASas `OLQ\COr) ) 4 c&sly\t,, NstAtSZ. , q-avic%30 ,5 Ri
� l�` 1:41.7
purcSnesz. .
1 352 597 2224 P. 02
NOV-20-03 09 :32 AM AL&FRITZ
5r, oW *EA) s1a G'w:MsT �4, OA •�;���atr3r' upas
ncpwQi?6n
QJ �aAafas � h�C C°an,
\y ci �,ccn - � xva9 xs�•1:
�Rw 5Q914, kJge W„).0)1.9��A ce \s��ana4P. mnskn Uvo'*-1r4tot oto. oa S' ue 9a
Claistc1L, LokaziAtAk- tioets
itft. vieUves tst LotAkdaed fziCk ��
(3)0Na�mQ ibt\ 9 He��ae s — kui � v,
-443r Likr 411. 60) k6ert, ‘GOA)
!;i; slUilf&vck d.51.0;t9- ,avS- d�o.ipik)e,
&c 9a s9anst 'm�r. ' �d,Q;�,, " �9Q � W114k.
‘clit1;•)r Qttkz o�nQu�r sew_ Qr� 9A;b
wdZa (134. 8o do -Os
1smc+��t-Y moti
%'‘4. OAr � ii2A) k4otCgt�19 rtnafl
tz) V143 � MC` 5 imAccw,„ a
*wile
eszaxcy tit cisi .yx.t4 cvAih, .
��v9 416cIdNWak
it1);‘)_tlq Q. 5,44)7
11/20/03 THU 13:50 FAX 5162481729 FCSMCC la 001
FORCHELLI, CURTO, SCHWARTZ, MINEO, CARLINO & COHN, LLP
COUNSELORS AT LAW COUNSEL
JEFFREY D.FORO1FIi1 310 OLD COUNTRY ROAD OQlA RAR7 BiUNSEL
DONALD
V SC FO.P.C: ['�J�r �j2 P.O.BOX 31 WILLIAMS.COHN
DONALD JAY SCHWARTZ �' "�� (/ HON.JOHN J.FLANAGAN
PETER IL�� LIINEO[A,NEW YORK 11501 JANET GANR)
TERENCE E.SMOLEV,P.C. -, G��3 FACSIMILE:(51�24S-1729516) 100 ANTHONY I SABINOOANI
JOSEPH F.CARLING(Mired) /
PETER ALPERC 901k/di . of COUNSEL
JOHN V TRRRANA 425 BROAD HOLLOW ROAD,SURE 315 ARMANDP COUNSEL
BRIAN R.SAHN MELVILLE NEW YORK 11747 ROAN DP D'A ATO
BARBARA SHAHEEN ALESI TELEPHONE:(631)622.5400 TA,IEPLU
ILLO
ANTHONY B.BARTON FACSIMILE:(631)6225 )
456 'WINK1E STOLE]MP
F BUZZELL
JAMES RICCA WEB SITE:fan=coo ASSOCIATES
JAMES E.CANTANNO E-MAIL.info(BfesmCEcom
RICHARD k BLUMBERG
WARREN F.ARTHUR
WILLIAM F BONESSO PLEASE RESPOND TO:MINP.OLA El JAMES A BOGLIOLI A BOLLACI
ANDREW E.CURTO MELVILLE 0 HAROLD R. BOLLA I
STEVEN G.GOBBLER DIANA ANTANO
JOHN C.FARRELL
JUDY L SIMONCIC AARON GERSHONOWITZ
WILLIAM G.GOODE
LAUREN HARNICIC
ROBERT T.REIMAN
FAX COVER SHEETS
TO: Patricia Moore. Esq, FAX NO: 631-765-4643
FROM: Jeffrey D. Forchelli. Es.01:0 FILE NAME:
DATE: November 20. 2003 FILE NO. :
SUBJECT:
NUMBER OF PAGES (INCLUDING THIS FAX COVER SHEET) : 10
IF YOU HAVE ANY QUESTIONS OR PROBLEMS REGARDING THIS TRANSMITTAL, PLEASE
CONTACT KAREN ADLER (EXT. 203) .
COMMENTS:
He agreed to accept $325, 000.00.that was a net figure. He did not
have the obligation of a broker or the expenses of finalizing a building
permit application.
De
� �� � V
r
trona E� \-jCiL � G��� �
-1
Thu doormats accompanying this fez tsaneosioa coatait :kp
ivim- Pb.
information is intended only far the use of the iadieidt
an are not the
iateeded ssotpiant, you are hereby notified that any reli+ tly prohibited,
and that the doctorate should be r+atarned to this fie I i fas in arms,
please notify us by telephone inrediately so that no can
11/20/03 THU 13:50 FAX 5162481729 FCSMCC 1002
FORCHELLI, CURTO, SCHWARTZ, MINED, CARLINO & CORN, LLP
COUNSELORS AT LAW
JEFFREY D.FORCHELLI 330 OLD COUNTRY ROAD COUNSEL
ANTHONY V.CURTO,P.C. GQdA RAID BJTfi[MJS
DONALD JAY SCHWARTZ P.O BOX 31 WILLIAM S.COHN
PETER R.MINED MINEOLA,NEW YORK 11501 HON.JOHN J.FLANAGAN
TERENCE E.SMOLEV.P.C. TELEPHONE:(516)2484700 JANET GANIO
P R LpE P.CAMINO� dJ FACSIMILE:(516)248 1729 ANTHONY J.SAEINCI
OF COUNSEL
JOHN V.TEERANA
SAN R-SAHN 425 BROAD HOLLOW ROAD,SUITE 315 ARMAND P.
BARBARA SIL1f63®i ALBBI MELVILLE,NEW YORK 11747 ROBERT A.MELILLO
UMP
ANTHONY B.
JOSEPH F.BUT.BARTONART TELEPHONE:(631)622-5400 LESLIE N
JAMES RICCA
FACSIMILE:(631)622-5456
JOHN M.SIOLPI
JAMS B.CANTANNO
ASSOCIATES
WARREN S AATHUR RICHARD A.ILUMBBRG
WILLIAM F.BOWIES° WEB SITE fCbalcc mm
OGOW
ANDREW E.CUM E-MAIL:u,foOf6HAROLDmcc.com IAMBS A. E
STEVEN 0.GAMER
2. BOLLAQ
AQ
JUDY L SMMJQC DIANA R FAIVT/111D
AARON GERSOCNOWITZ
PLEASE REPOND TO:MINEOLA 0 JOHN C.FARRELL
MELVILLE° WILLIAM G GO LAUREN ODDEE
ROBERT T.REIMAN
July 16,2003
Board of Review
Suffolk County Department of Health Services
220 Rabro Drive
Hauppauge,New York 11788
Att: Robert Farmer,Hearing Officer
Re: R10-98-0108
Property of Frederick Rapp
n/s Lake Drive,298 feet do Reydon Drive
Southold,New York
SCTM#1000-80-3-15
Dear Mr. Farmer:
The above matter was adjourned up to and including July 31, 2003, in order to
finalize the agreed-upon settlement. Contracts were sent to me by the Seller's attorney and they were
distributed to all three purchasers in order to have their independent counsel look at them. That was
being done. As represented at the hearing,the property would be added to the
the single and separate status discontinued. 1acent parcels and
Yesterday,I received a letter from Wayne Bruin indicating that his client,Frederick
Rapp, had reneged on the agreed settlement. Mr. Rapp's actions constitute nothing less than a
shameless attempt to grab more money than was offered and agreed upon. To refresh your
recollection,he was offered and agreed to accept$325,000.00,which is 50 times what he paid for
the property.
In view ofthe outrageous shenanigans of Mr.Rapp,and his ability to sell the property
for 50 times what he paid for it,there are no equities in law or in fact in support of his application
before you. It must be denied.
Yours truly,
JEFFREY D. FORCHELLI
JDF/ka
cc: Wayne D.Bruyn,Esq.
11/20/03 THU 13:51 FAX 5162481729 FCSMCC Q4003
-
FLx O
SHORT FORM ORDER INDEX NO.25206-2001
2&2 PR —8 ll56 SUPREME CO(RT-STATE OF NEW YORK
EDY1 = F R'3 .TERM, PART XIV-SUFFOLK COUNTY
•
CLE5A Or
PRESEN'1 UFFULK CC,IHTY
Hon.WILLIAM L.UNDERWOOD,JR.
ORIG.RETURN DATE: 12/07/01
In the Matter of the Application of FINAL RETURN DATE: 02/01/02
MTN.SEQ.#:001-MOT J)
FRANK MEDULLA,GILBERT E.PINKHAM,DORIS
E.PINKHAM,GUSTAVE L.MUELLER,ELIZABETH PLTF'S/PET'S ATTOR EY:
A.MUELLER and ROSARIA FORCHELLI, FORCHELLI,CURTO,SCHWARTYZ,MINEO,
CARLINO&COHN,LLP
Petitioner(s), BY: JOSEPH F.BUZZELL,ESQ.
330 Old Country Road
for a Judgment Pursuant to Article 78 of the Civil P.O.Box 31
Practice Law and Rules, Mineola,New York 11501
-against- DEFT'S/RESPATTORNE'k:
ROBERT J.CIMINO,ESQ.
SUFFOLK COUNTY DEPARTMENT OF HEALTH Suffolk County Attorney
SERVICES,CLARE B.BRADLEY,COMMISSIONER BY: THOMAS D.LUCIANO
OF SUFFOLK COUNTY DEPARTMENT OF Assistant County Attorney
HEALTH SERVICES,SUFFOLK COUNTY H.Lee Dennison Bldg.
DEPARTMENT OF HEALTH SERVICES BOARD OF 100 Veteran's Memorial Highway
REVIEW,and FREDERICK RAPP, P.O.Box 6100
Hauppauge,New York 11778-0099
Respondent(s).
O'SHEA MARCINCUK&BRUYN,LLP
BY: WAYNE D.BRUYN,ESQ.
Attorneys for RAPP
250 North Sea Road
Southampton,New York 11968
Upon the following papers numbered 1 to,60 read on this petition fpr awn Article 78
Notice of Motion/Order to Show Cause and supporting papers 1-5;Notice of Cross Motion and supporting papers ;
Answering Affidavits and supporting papers 6-56;Replying Affidavits and supporting papers 57-58;Other 59-60 ;
(.,,. ..` .. . .... _. .. . . .., ..)itis,
ORDERED that the petitioners Frank Midulla,Gilbert E.Pinkharn,Doris E.Pinkham,
Gustave E.Mueller,Elizabeth A. Mueller and Rosario Forchelli's application,pursuant to
11/20/03 THU 13:51 FAX 5162481729 FCSMCC 1004
Midulla v Suffolk County, eLal.
Index No.: 25206-2001
Page Two
CPLR Article 78,for a judgment annulling the determinations of respondents Suffolk County
Department of Health Services ("SCDHS"), Claire B. Bradley, Commissioner of Suffolk
County Department of Health Services,Suffolk County Department of Health Services Board
of Review and Frederick Rapp is granted solely to the extent that this matter is remanded to
Suffolk County Department of Health Services Board of Review for further hearing and
consideration as set forth below:
Respondent Frederick Rapp is the owner of a vacant and undeveloped parcel of land
located on the north side of Lake Drive, 298 feet east of Reydon Drive, in Southold
Township, Suffolk County,New York. The petitioners herein are each owners of property
located in the immediate vicinity of the subject parcel. On or about July 28, 1998, En-
Consultants,on behalf of respondent Rapp filed an application with respondent SCDHS for
approval to build a single family residence on the afore described parcel. By letter dated
May 7, 1999, respondent Rapp was advised that the application did not conform to the
requirements of the construction standards set forth in Article 6 of the Suffolk County
Sanitary Code; that is, that the distance between the sanitary systems and shallow private
wells be at least 150 feet. The application proposed a sanitary system 84 feet from a private
well located on petitioners Gustave and Elizabeth Mueller's property. A Board of Review
variance for non-conformance with those standards would be required prior to approval.
11/20/03 THU 13:52 FAX 5162481729 FCSMCC @005
Mldulla v Suffolk County, eIaL
Index No.: 25206-2001
Page Three
A hearing on the application was held before the respondent Board on June 28,2001.
Testimony of Roy Reynolds,a professional engineer,Robert E.Hermann of En Consultants,
on respondent Rapp's behalf,and petitioners Gilbert Pinkham,Frank Midulla and Gustave
Mueller was heard and considered. A Report of Findings and Recommendations was filed
on August 3, 2001. By way of a 3 to 0 determination, the respondent Board granted the
applicant' request for the variance and found that"given the separation distance and the
direction of groundwater flow,approval of this project will not have any substantial adverse
effect."
"In article 78 proceedings, 'the doctrine is well settled, that neither the Appellate
Division nor the Court of Appeals has power to upset the determination of an administrative
tribunal on a question of fact;' * * * 'the courts have no right to review the facts generally
as to weight of evidence,beyond seeing to it that there is substantial evidence.'(Cohen and
Karger,Powers of the New York Court of Appeals,s 108,p.460; 1 N.Y.Jur.,Administrative
Law,ss 177, 185;see Matter ofHalloran v.Kirwan,28 N.Y.2d 689,690,320 N.Y.S.2d 742,
743, 269 N.E.2d 403 (dissenting opn. of Breitel,J.)). 'The approach is the same when the
issue concerns the exercise of discretion by the administrative tribunals[34 N.Y.2d 231].The
courts cannot interfere unless there is no rational basis for the exercise of discretion or the
action complained of is arbitrary and capricious.' (Cohen and Karger,Powers of the New
York Court of Appeals,pp.460--461;see, also, 8 Weinstein-Korn-Miller,N.Y.Civ.Prac.,
11/20/03 THU 13:52 FAX 5162481729 FCSMCC 1006
•
Midulla v Suffolk County, eaal
Index No.: 25206-2001
Page Four
par. 7803.04 Et seq.; 1 N.Y.Jur., Administrative Law, ss 177, 184; Matter of Colton v.
Berman, 21 N.Y.2d 322, 329, 287 N.Y.S.2d 647, 650--651, 234 N.:E.2d 679, 681). The
arbitrary or capricious test chiefly'relates to whether a particular action should have been
taken or is justified** *and whether the administrative action is without foundation in fact.'
(1 N.Y.Jur.,Administrative Law,s 184,p. 609). Arbitrary action is without sound basis in
reason and is generally taken without regard to the facts. In Matter of Colton v. Berman
(Supra,p. 329,287 N.Y.S.2d p. 651,234 N.E.2d p.681)this court(per Breitel,J.)said'the
proper test is whether there is a rational basis for the administrative orders, the review not
being of determinations made after quasi-judicial hearings required by statute or law.'
Where, however, a hearing is held, the determination must be supported by substantial
evidence(CPLR 7803, subd. 4); and where a determination is made and the person acting
has not acted in excess of his jurisdiction, in violation of lawful procedure,arbitrarily,or in
abuse of his discretionary power,including discretion as to the penalty imposed,the courts
have no alternative but to confirm his determination (CPLR 7803, subd. 3; Matter of
Procaccino v. Stewart,25 N.Y.2d 301,304 N.Y.S.2d 433,251 N.E.2d 802; but see Matter
ofPicconi v.Lowery,35 A.D.2d 693,314 N.Y.S.2d 606,afd 28 N.Y.2d 962,323 N.Y.S.2d
703, 272 N.E.2d 77). Rationality is what is reviewed under both the substantial evidence
rule and the arbitrary and capricious standard. (Matter of 125 Bar Corp. v.State Liq. Auth.,
24 N.Y.2d 174, 178,299 N.Y.S.2d 194, 197-198, 247 N.E.2d 157, 158--159; 1 N.Y.Jur.,
11/20/03 THU 13:52 FAX 5162481729 FCSMCC W007
Mldulla v Suffolk County, eta
Index No.: 25206-2001
Page Five
Administrative Law,s 184.)" (Pell v.Board of Education, 34 N.Y.2d 222, 356 N.Y.S.2d
833, 839-840 [1974]).
Section 760-609 of the Suffolk County Sanitary Code provides in part as follows:
A. Variances and Waivers. The Commissioner of the Department of Health
Services in his discretion, and upon recommendation of the Board of Review, may
grant or deny a variance or waiver from the specific sections of this Article after an
application requesting such relief is made and supporting evidence has been presented
to the Board of Review. The Commissioner may grant an application only if the
variance or waiver will be in harmony with the general purpose and intent of this
Article to protect groundwater, drinking water supplies, surface water and other
natural resources, and public health, safety and welfare.
1. The determination whether the variance or waiver will be in harmony with the
general purpose and intent of this Article shall be made upon findings relating to the
following criteria:
a. Whether the use is in general conformity with this Article;
b. Whether the uses of groundwater, surface water, and drinking water
supplies will be impaired,taking into account the direction ofthe groundwater
flow;
c. Whether the application of the proposed variance or waiver to other parcels
within the same groundwater management zone will unreasonably impair
groundwater,surface water, and drinking water supplies;
d. Whether the application conforms to a comprehensive groundwater
management plan;
11/20/03 THU 13:53 FAX 5162481729 FCSICC @008
Midulla v Suffolk County, et.al.
Index No.: 25206-2001
Page Six
e. Whether granting the proposed variance or waiver will adversely affect the
design of an adequate on-site water supply and/or sewage disposal system,
taking into account soil conditions, depth to groundwater, direction of
groundwater flow,and site specific physical conditions;
f. Whether the amount of sewage flow from the project based upon sewage
flow design criteria will adversely affect groundwater, surface water and
drinking water supplies;
g. Whether the application can be modified so that the project will not violate
the Sanitary Code;
h. Whether an application for a variance or waiver to another municipal entity
would obviate the need for consideration of the application before the Board,
and if it would,whether such application has been made and ruled on;
i. Any other factor which the review Board in its discretion deems necessary
to consider in order to determine whether the granting of a variance or waiver
will be in harmony with the general purpose and intent of this Article,
provided that the application is given notice of additional factors and
•
reasonable opportunity to present evidence to the Board with regard thereto.
A review of the record clearly indicates that the respondent Board considered the
criteria set forth above in making its determination. The petitioners' contention that the
determination of the respondent Board was not supported by substantial evidence is without
merit. The testimony and exhibits adduced at the hearing established the facts necessary to
sustain the granting of the requested variance. The decision of the respondent Board
11/20/03 THU 13:53 FAX 5162481729 FCSMCC W009
Midulla v Suffolk County, et.al.
Index No.: 25206-2001 _
Page Seven
specifically notes that the direction of groundwater flow was the"dispositive factor"and that
the approval of the variance "would not have any substantial adverse effect" on the
environment or public health. In reaching such conclusion,the respondent Board considered
a report of Fredrick S. Keith,P.E. which indicated that the groundwater flow was towards
the surface waters to the north and would not present a risk of contaminating the well on the
Mueller property to the south. Subsequent to the hearing and prior to its decision, the
respondent Board referred this matter and consulted with Sy F. Robbins, C.P.G. of the
Suffolk County Department of Health Services's hydro geologic staff. After review,
Robbins confirmed the applicant's assessment and determined that, given the separation
distance and direction of groundwater flow,the arrangement of cesspools in relation to the
nearby wells would be protective of public health.
The record does not,however, indicate that the respondent Rapp demonstrated that
he would suffer significant economic injury if the variance sought was not granted. On
February 5, 2001, the petitioners offered to purchase the subject property at a "fair and
reasonable value". The respondent Board in its Report of Findings and Recommendations
specifically rejected the petitioners' argument that economic hardship to the applicant must
be considered in a Sanitary Code variance application. We disagree. (See, Bennett v. The
Board ofReview of the County ofSuffolkDepartment ofHealth Services, 158 A.D.2d 520,
551 N.Y.S.2d 284, [2'd Dept. 1990]). Economic hardship is not the sole criteria,but must
11/20/03 THU 13:54 FAX 5162481729 FCSMCC Ij010
Midulla v Suffolk County, et.al.
Index No.: 25206-2001
Page Eight
be considered in conjunction with those specifically set forth in section 760-609 of the
Suffolk County Sanitary Code. Notwithstanding our decision, an offer by neighboring
property owners to purchase the subject property is not,in and of itself, grounds to reject a
variance application but is only one factor to consider.
Accordingly the petition is granted solely to the extent that this matter is remanded to
the respondent Suffolk County Department of Health Services Board of Review for hearing
pursuant to the directions set forth herein.
Submit judgment.
Dated: April 2,2002
HON.WILLIAM L. UNDERWOOD,JR.
J.S.C.
CHECK ONE: _ FINAL DISPOSITION 7 .NON-FINAL DISPOSITION
/11)0/03 9-0Aaca.' 2)OC
THIS FORM CONFORMS TO THE RESIDENTT A T r rINT-rn A ^ ^ -�-- —
jointly prepared by the Real Property Section of the NYS Bar erty
Law of the Ass. of the Bar of the City of NY and the Commits :iation.
QC-+
1-13
WARNING: No representation is made that this form of ith
section 5-702 of the general obligations la\ YC1 ,�s
�I
NOTE:FIRE AND CASUALTY LOSSES ANI n Pro �ti
This contract form does not provide for what h2 (20-1)c 5 Dss
or condemnation before the title closing. Unles
Section 5-1311 of the General Obligations Law
Purchaser responsible for fire and casualty loss e
the title closing.
Vacant Land 1
CONTRACT OF SALE made as of Ju
FREDERICK FRANCIS RAPP, residing at:
Address: 7499 Birdland Crescent, Spring Hill,Florida 34607
Social Security No.:# hereinafter called "Seller" and
ROSARIA FORCHELLI, as Nominee, residing at: _
mg.. 0111 p,rocham rr:s p,r.lchart) ! 6/9 1'nve tier, anc4 ("'r
Address: do Jeffrey D. Forchelli, 330 Old Country Road, P.O. Box 31, Mineola,New York
11501
Social Security. No.:#s: hereinafter called "Purchaser".
THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Premises. Seller shall sell and convey and Purchaser shall purchase the property, together
with all buildings and improvements thereon (collectively the "Premises"), more fully described
on a separate page marked"Schedule A", annexed hereto and made a part hereof and also as:
Street Address: Vacant Land, North side of Lake Drive, 298 feet east of Reydon Drive,
Southold, New York
Tax Map Designation: 1000-80-3-15
Together with Seller's ownership and rights, if any, to land lying in the bed of any street or
highway, opened or proposed, adjoining the Premises to the center line thereof, including any
right of Seller to any unpaid award by reason of any taking by condemnation and/or for any
damage to the Premises by reason of change of grade of any street or highway. Seller shall
deliver at no additional cost to Purchaser, at Closing (as hereinafter defined), or thereafter, on
demand, any documents that Purchaser may reasonable require for the conveyance of such title
and the assignment and collection of such award or damages.
1
2. Personal Property. This sale also includes all fixtures and articles of personal property now
kitchen cabinets, mantels, door mirrors, switch plates and door hardware, Venetian blinds,
window treatments, shades, screens, awnings, storm windows, storm doors, window boxes, mail
box, TV aerials, weather vane, flagpole, pumps, shrubbery, fencing, outdoor statuary, tool shed,
-- - • - - _ -- • - . • . . e • . . . _-. ._ •_ . . .. .
excluded below. VACANT LAND-
3. Purchase Price. The purchase price is THREE HUNDRED TWENTY FIVE
THOUSAND AND 00/100 ($325,000.00) DOLLARS
$325,000.00
payable as follows:
(a) On the signing of this contract, by Purchasers' check payable to the Escrowee (as hereinafter
defined), subject to collection, the receipt of which is hereby acknowledged, to be held in escrow
pursuant to paragraph 6 of this contract(the "Downpayment"): $ 32,500.00
including deposit
payment of which Purchaser shall assume by joinder in the deed: $
(c) by a purchase money note and mortgage from Purchaser to Seller: $
(d) balance at Closing in accordance with paragraph 7: $292,500.00
4. _ • • . - - - -. - . . • - • :_ . _. _. • .. • . .
•
3(b)-aboam
• . - -- - - • - •• - - .- - - - - - - - , • - • • ..• .. . -- -
(b) To the extent that any required payments are made on the existing mortgage between the date
by the existing mortgage will be made between the date hereof and Closing.
assigned, and in that case Purchaser shall pay the amount in the escrow account to Seller at
Closing.
2
(d) Seller shall deliver to Purchaser at Closing a certificate dated not more than 39 days before
Closing signed by the holder of the existing mortgage, in form for recording, certifying the
amount of the unpaid principal, the date to which interest has been paid and the amounts, if any,
defined in Section 271 a of the Real Property Law("Institutional Lender"), it may, instead of the
certificate, furnish a letter signed by a duly authorized officer, employee or agent, dated not more
than 30 days before Closing, containing the same information.
(e) Seller represents and warrants that (I) Seller has delivered to Purchaser true and complete
and(iii)the existing mortgage does not contain any provision that permits the holder of the
mortgage to require its immediate payment in full or to change any other term thereof by reason
of the sale or conveyance of the Premises.
5. ' ,, •- - - - - -- • -- -•- - •• - •- •• - •_ - •: t: •
- - - - - -- . - . . - - - " . • -•t: - , •- , • - . •:. - - •• - - - -- -
•
recording tax, recording fees and the Sellers' attorney's fees in the amount of$ for its
greater than per annum and the total debt service thereunder shall not be greater than $
mortgage, the excess be paid to the holder of such purchase money mortgage in reduction of the
thereunder and that the holder thereof will, on demand and without charge therefor, execute,
(*) be in the form annexed hereto.
6. Downpayment in Escrow. (a) Seller's attorney ("Escrowee") shall hold the Downpayment
for Seller's account in Escrow in a segregated bank account until Closing or sooner termination
of this contract and shall pay over or apply the Downpayment in accordance with the terms of
this paragraph. Escrowee shall (not) hold the Downpayment in an interest-bearing account for
the benefit of the parties. If interest is held for the benefit of the parties, it shall be paid to the
party entitled to the Downpayment and the party receiving the interest shall pay any income
taxes thereon. If interest is not held for the benefit of the parties, the Downpayment shall be
placed in an IOLA account or as otherwise permitted or required by law. The Social Security or
Federal Identification numbers of the parties shall be furnished to Escrowee upon request. At
Closing, the Downpayment shall be paid by Escrowee to Seller. If for any reason Closing does
not occur and either party gives Notice (as defined in paragraph 25) to Escrowee demanding
payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such
3
demand. If Escrowee does not receive Notice of Objection from such other party to the proposed
payment within 10 business days after the giving of such Notice, Escrowee is hereby authorized
and directed to make such payment. If Escrowee does receive such Notice of objection within
such 10 day period or if for any other reason Escrowee in good faith shall elect not to make such
payment, Escrowee shall continue to hold such amount until otherwise directed by Notice from
the parties to this contract or a final, nonappealable judgment, order or decree of a court.
However, Escrowee shall have the right at any time to deposit the Downpayment and the interest
thereon with the clerk of a court in the county in which the Premises are located and shall give
Notice of such deposit to Seller and Purchaser. Upon such deposit or other disbursement in
accordance with the terms of this paragraph, Escrowee shall be relieved and discharged of all
further obligations and responsibilities hereunder.
(b) The parties acknowledge that, although Escrowee is holding the Downpayment for Seller's
account, for all other purposes Escrowee is acting solely as a stakeholder at their request and for
their convenience and the Escrowee shall not be liable to either party for any act or omission on
its part unless taken or suffered in bad faith or in willful disregard of this contract or involving
gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally agree to
defend, indemnify and hold Escrowee harmless from and against all costs, claims and expenses
(including reasonable attorneys' fees) incurred in connection with the performance of Escrowee's
duties hereunder, except with respect to actions or omissions taken or suffered by Escrowee in
bad faith or in willful disregard of this contract or involving gross negligence on the part of
Escrowee.
(c) Escrowee may act or refrain from acting in respect of any matter referred to herein in full
reliance upon and with the advice of counsel which may be selected by it (including any member
of its firm) and shall be fully protected in so acting or refraining from action upon the advice of
such counsel.
(d) Escrowee acknowledges receipt of the Downpayment by check subject to collection and
Escrowee's agreement to the provisions of this paragraph by signing in the place indicated on the
signature page of this contract.
(e) Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any
dispute as to the disbursement of the Downpayment or any other dispute between the parties
whether or not Escrowee is in possession of the Downpayment and continues to act as Escrowee.
7. Acceptable Funds. All money payable under this contract, unless otherwise specified, shall
be paid by:
(a) Cash, but not over$1,000.00;
(b) Good certified check of Purchaser drawn on or official check issued by any bank, savings
bank, trust company or savings and loan association having a banking office in the State of New
York, unendorsed and payable to the order of Seller, or as Seller may otherwise direct upon not
less than 3 business days notice to Purchaser;
(c) As to money other than the purchase price payable to Seller at Closing, uncertified check of
Purchase up to the amount of$1,000.00; and
(d) As otherwise agreed to in writing by Seller or Seller's attorney.
S. Mortgage Contingency. The obligations of Purchaser hereunder are conditioned upon
4
•
• , - • - - _ _ - ••••:.• - • - -. e. •, - 1 . - - , - , - -•. - ' - - -- - -
expense, of$ or such lesser sum as Purchaser shall be willing to accept, at the
exceed for a term of at least years and on other customary commitment terms,
whether or not conditional upon any factors other than an appraisal satisfactory to the
information regarding Purchaser and members of Purchasers family, as required, (c) pay all fees,
a .•
•
all requirements of such commitment(or of any other commitment accepted by Purchaser) and
issued on or before the Commitment Date, then, unless Purchaser has accepted a commitment
.
further rights against, or obligations or liabilities to, the other reason of this contract, except that
I. .
. . ..
• ..
reason of the contingency contained in this paragraph.
9. Permitted Exceptions. The Premises are sold and shall be conveyed subject to:
(a)Zoning and subdivision laws and regulations, and landmark, historic or wetlands designation,
provided that they are not violated by the existing buildings and improvements erected on the
property or their use;
(b) Consents for the erection of any structures on, under or above any streets on which the
Premises abut;
(c) Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or
highway;
(d) Real estate taxes that are a lien, but are not yet due and payable; and
(e) The other matters, if any, set forth in a Rider attached.
10. Governmental Violations and Orders.
(a) Seller shall comply with all notes or notice of violations of law or municipal ordinances,
orders or requirements noted or issued as of the date hereof of closing by any governmental
department having authority as to lands, housing, buildings, fire, health, environmental and labor
conditions affecting the Premises. The Premises shall be conveyed free of them at Closing.
Seller shall furnish Purchaser with any authorizations necessary to make the searches that could
disclose these matters.
5
(b)All obligations affecting the Premises pursuant to the Administrative Code of the City of
New York incurred prior to Closing and payable in money shall be discharged by Seller at or
prior to Closing.
11. Seller's Representations. (a) Seller represents and warrants to Purchaser that:
(i) The Premises abut or have a right of access to a public road;
(ii) Seller is the sole owner of the Premises and has the full right, power and authority to sell,
convey and transfer the same in accordance with the terms of this contract;
(iii) Seller is not a"foreign person", as that term is defined for purposes of the Foreign
Investment in Real Property Tax Act, Internal Revenue Code ("IRC") Section 1445, as amended,
and the regulations promulgated thereunder(collectively "FIRPTA");
(iv) The Premises are not affected by any exemptions or abatements of taxes; and
(v) Seller has been known by no other name for the past ten years, except: NONE
(b) Seller covenants and warrants that all of the representations and warranties set forth in this
contract shall be true and correct at Closing.
(c) Except as otherwise expressly set forth in this contract, none of Seller's covenants,
representations,warranties or other obligations contained in this contract shall survive Closing.
12. Condition of Property. Purchaser acknowledges and represents that Purchaser is fully
aware of the physical condition and state of repair of the Premises and of all other property
included in this sale, based on Purchaser's own inspection and investigation thereof, and that
Purchaser is entering into this contract based solely upon such inspection and investigation and
not upon any information, data statements or representations, written or oral, as to the physical
condition, state of repair, use,cost of operation or any other matter related to the Premises or the
other property included in the sale, given or made by Seller or its representatives, and shall
accept the same "as is" in their present condition and state of repair, subject to reasonable use,
wear, tear and natural deterioration between the date hereof and the date of Closing(except as
otherwise set forth in paragraph 16(f)), without any reduction in the purchase price or claim of
any kind for any change in such condition by reason thereof subsequent to the date of this
contract. Purchaser and its authorized representatives shall have the right, at reasonable times
and upon reasonable notice (by telephone or otherwise)to Seller, to inspect the Premises before
Closing.
13. Insurable Title. Seller shall give and Purchaser shall accept such title as any reputable
title insurance company conducting business in the State of New York shall be willing to
approve and insure in accordance with its standard form of title policy approved by the New
York State Insurance Department, subject only to the matter s provided for in this contract.
14. Closing, Deed and Title (a) "Closing" means the settlement of the obligations of Seller and
Purchaser to each other under this contract, including the payment of the purchase price to Seller,
and the delivery to Purchaser of a Bargain and Sale Deed with Covenants against Grantor's
Acts in proper statutory short form for record, duly executed and acknowledged, so as to convey
to Purchaser fee simple title to the Premises, free of all encumbrances, except as otherwise herein
stated. The deed shall contain a covenant by Seller as required by subd. 5 of Section 13 of the
Lien Law.
6
(b) If Seller is a corporation, it shall deliver to Purchaser at the time of Closing (i) a resolution of
its Board of Directors authorizing the sale and delivery of the deed, and (ii) a certificate by the
facts showing that the transfer is in conformity with the requirements of Section 909 of the
Business Corporation Law. The deed in such case shall contain a recital sufficient to establish
compliance with that Section.
15. Closing Date and Place. Closing shall take place at the office of O'SHEA, MARCINCUK
& BRUYN, LLP,250 North Sea Road, Southampton,New York at 10:00 A.M. on or about
July 15, 2003.
16. Conditions to Closing. This contract and Purchaser's obligation to purchase the Premises
are also subject to and conditioned upon the fulfillment of the following conditions precedent:
(a) The accuracy, as of the date of Closing, of the representations and warranties of Seller made
in this contract.
(b) The delivery by Seller to Purchaser of a valid and subsisting Certificate of Occupancy or
(c) The delivery by Seller to Purchaser of a duly executed and sworn affidavit(in form
prescribed by law) claiming exemption for the sale contemplated hereby, if such be the case,
under Article 31 B of the Tax Law of the State of New York and the Regulations promulgated
or if such sale shall not be exempt under the Gains Tax Law, Seller and Purchaser agree to
shall deliver to Purchaser(I) an official return showing no tax due, or(ii)an official return
.. . . : - - - - - - . - ! --- - - - - - • - . • . - -
•
may be assessed or become due after Closing, and/or execute any other documents that may be
. . .. .
thereof. The provisions of this subparagraph (c) shall survive Closing.
(d) The delivery by Seller to Purchaser of a certification stating that Seller is not a foreign
person, which certification shall be in the form then required by FIRPTA. If Seller fails to
deliver the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on such
certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10%
thereof(or any lesser amount permitted by law) and shall at Closing remit the withheld amount
with the required forms to the Internal Revenue Service.
(e) The delivery of the Premises and all building(s) and improvements comprising a part thereof
•• . .. •• - .. • -. •_• ': •, vacant and free of leases or tenancies, together with keys to the
Premises.
(f) All plumbing (including water supply and septic systems, if any), heating and air
. . .
7
. . • .
• " •• -
(g) If the Premises are a one or two family house, delivery by the parties at Closing of affidavits
in compliance with state and local law requirements to the effect that there is installed in the
Premises a smoke detecting alarm device or devices.
(h) The delivery by the parties of any other affidavits required as a condition of recording the
deed.
17. Deed Transfer and Recording Taxes. At Closing, certified or official bank checks payable
to the order of the appropriate State, City or County officer in the amount of any applicable
transfer and/or recording tax payable by reason of the delivery or recording of the deed or
mortgage, if any, shall be delivered by the party required by law or by this contract to pay such
transfer and/or recording tax, together with any required tax returns duly executed and sworn to,
and such party shall cause any such checks and returns to be delivered to the appropriate officer
promptly after Closing. The obligation to pay any additional tax or deficiency and any interest
or penalties thereon shall survive Closing. Purchaser shall be responsible for paying any
applicable New York State Transfer Tax.
18. Apportionments and Other Adjustments; Water Meter and Installment Assessments.
(a) To the extent applicable, the following shall be apportioned as of midnight of the day before
the day of Closing: (i) taxes, water charges and sewer rent, on the basis of the lien period for
which assessed; (ii)fuel; (iii) interest on the existing mortgage; (iv)premiums on existing
(vi) rents as and when collected.
(b) If Closing shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon
the basis of the tax rate for the immediately preceding lien period applied to the latest assessed
valuation.
(c) If there is a water meter on the Premises, Seller shall furnish a reading to a date not more than
on the basis of such last reading.
(d) If at the date of Closing the Premises are affected by an assessment which is or may become
payable in annual installments, and the first installment is then a lien, or has been paid, then for
the purposes of this contract all the unpaid installments shall be considered due and shall be paid
by Seller at or prior to Closing.
(e) Any errors or omissions in computing apportionments or other adjustments at Closing shall
be corrected within a reasonable time following Closing. This subparagraph shall survive
Closing.
19. Allowance for Unpaid Taxes, etc. Seller has the option to credit Purchaser as an
adjustment to the purchase price with the amount of any unpaid taxes, assessments, water
charges and sewer rents, together with any interest and penalties thereon to a date not less than
five business days after Closing, provided that official bills therefore computed to said date are
produced at Closing.
20. Use of Purchase Price to Remove Encumbrances. If at Closing there are other liens or
encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash
8
balance for the purchase price to pay or discharge them, provided Seller shall simultaneously
deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens
or encumbrances of record,together with the cost of recording or filing said instruments. As an
alternative Seller may deposit sufficient monies with the title insurance company employed by
Purchaser acceptable to and required by it to assure their discharge, but only if the title insurance
company will insure Purchaser's title clear of the matters or insure against their enforcement out
of the Premises and will insure Purchaser's Institutional Lender clear of such matters. Upon
notice (by telephone or otherwise), given not less than 3 business days before Closing, Purchaser
shall provide separate certified or official bank checks as requested to assist in clearing up these
matters.
21. Title Examination; Seller's Inability to Convey; Limitations of Liability. (a) Purchaser
shall order an examination of title in respect of the Premises from a title company licensed or
authorized to issue title insurance by the New York State Insurance Department or any agent for
such title company promptly after the execution of this contract or, if this contract is subject t o
accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions
thereto to be delivered to the attorney(s) for Seller promptly after receipt thereof.
(b) (i) If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with
this contract, or Purchaser has other valid grounds for refusing to close, whether by reason of
liens, encumbrances or other objections to title or otherwise (herein collectively called
"Defects"), other than those subject to which Purchaser is obligated to accept title hereunder or
which Purchaser may have waived and other than those which Seller has herein expressly agreed
to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same and to
close title without abatement of the purchaser price, then, except as hereinafter set forth, Seller
shall have the right, at Seller's sole election, either to take such action as Seller may deem
advisable to remove, remedy discharge or comply with such Defects or to cancel this contract;
(ii) if Seller elects to take action to remove, remedy or comply with such Defects, Seller shall be
entitled from time to time, upon Notice to Purchaser, to adjourn the date for Closing hereunder
for a period or periods not exceeding 60 days in the aggregate :. • _ _•_ _ ._ _ _. _
• _ I . _•. _ ' • . • _ _ -. _• , • . . - . _ , and the date for Closing
shall be adjourned to a date specified by Seller not beyond such period. If for any reason
whatsoever, Seller shall not have succeeded in removing, remedying or complying with such
Defects at the expiration of such adjournment(s), and if Purchaser shall still be unwilling to
waive the same and to close title without abatement of the purchase price, then either party may
cancel this contract by Notice to the other given within 10 days after such adjourned date; (iii)
notwithstanding the foregoing, the existing mortgage (unless this sale is subject to the same) and
any matter created by Seller after the date hereof shall be released, discharged or otherwise cured
by Seller at or prior to Closing.
(c) If this contract is canceled pursuant to its terms, other than as a result of Purchaser's default,
this contract shall terminate and come to an end, and neither party shall have any further rights,
obligations or liabilities against or to the other hereunder or otherwise, except that: (i) Seller shall
promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and, unless
canceled as a result of Purchaser's default or pursuant to paragraph g, to reimburse Purchaser for
the net cost of examination of title, including any appropriate additional charges related thereto,
and the net cost, if actually paid or incurred by Purchaser, for updating the existing survey for
9
the Premises or of a new survey, and (ii) the obligations under paragraph 27 shall survive the
termination of this contract.
22. Affidavit as to Judgments,Bankruptcies, etc. If a title examination discloses judgments,
bankruptcies or other returns against persons having names the same as or similar to that of
Seller, Seller shall deliver an affidavit at Closing showing that they are not against Seller.
23. Defaults and Remedies. (a) If Purchaser defaults hereunder, Seller's sole remedy at law or
in equity shall be to receive and retain the Downpayment as liquidated damages, it being agreed
that Seller' s damages in case of Purchaser's default might be impossible to ascertain and that the
Downpayment constitutes a fair and reasonable amount of damages under the circumstances and
is not a penalty.
(b) If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled
to at law or in equity, including, but not limited, specific performance.
24. Purchaser's Lien. All money paid on account of this contract, and the reasonable expenses
of examination of title to the Premises and of any survey and survey inspection charges, are
hereby made liens on the Premises, but such liens shall not continue after default by Purchaser
under this contract.
• . .
do so on their behalf or by the Escrowee, by registered or certified mail, postage prepaid, or
• - • -- •• - - - - - • --•• - , • --- - - - - _ - • - - --- -
•
• . •• e. e moiling the same
shall-be-void,
27. Broker. Seller and Purchaser each represents and warrants to the other that it has not dealt
with any broker in connection with this sale other than NONE. Seller and Purchaser shall
Closing, or if Closing does not occur, the termination of this Contract.
28. Miscellaneous. (a) All prior understandings, agreements, representations and warranties,
oral or written, between Seller and Purchaser are merged in this contract; it completely expresses
their full agreement and has been entered into after full investigation, neither party relying upon
any statement made by anyone else that is not set forth in this contract. (b)Neither this contract
10
nor any provision thereof may be waived, changed or canceled except in writing. This contract
shall also apply to and bind the heirs, distributees, legal representatives, successors and permitted
assigns of the respective parties. The parties hereby authorize their respective attorneys to agree
in writing to any changes in dates and time periods provided for in this contract. (c) Any
singular word or term herein shall also be read as in the plural and the neuter shall include the
masculine and feminine gender, whenever the sense of this contract may require it. (d) The
captions in this contract are for convenience of reference only and in no way define, limit or
describe the scope of this contract and shall not be considered in the interpretation of this
contract or any provision hereof (e) This contract shall not be binding or effective until duly
executed and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC
reporting requirements, if applicable. This subparagraph shall survive Closing. (g) Each party
shall, at any time and from time to time, execute, acknowledge where appropriate and deliver
such further instruments and documents and take such other action as may be reasonably
requested by the other in order to carry out the intent and purpose of this contract. This
subparagraph shall survive Closing. (h) This contract is intended for the exclusive benefit of the
parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of,
and shall not create any rights in, or be enforceable by, any other person or entity.
Paragraphs Numbered "29" Through"38"
Hereby Constitute A
RIDER TO CONTRACT OF SALE
29. No Representations by Seller- Buyer to Take As Is. It is expressly understood and
agreed that the Seller has not made any representation as to the physical condition or operation of
the subject premises, the zone classification of the premises, the uses to which the premises may
be put, the taxes affecting the premises, or any other thing or matter relating to the subject
premises, except as herein otherwise provided. The Seller is not bound by any statements,
representations, or information that may have been given to the Purchaser by any person
pertaining to same, unless specifically set forth herein. The Purchaser expressly acknowledges
that he has made a thorough inspection of the premises and is familiar with the size,
configuration, and condition of the realty and Purchaser agrees to accept the same in its present
condition. No representations have been made regarding whether or not the subject premises
comply with any state, federal or local laws and/or regulations of whatever nature, and no
representations have been made regarding potential earnings of any business of any kind on the
premises.
30. Acceptance of Deed. The acceptance of the deed by the Purchasers shall be deemed to
constitute full performance of every agreement and obligation of the Sellers and no agreement,
representation or warranty shall survive delivery of the Deed unless such survival is specified in
writing.
31. Notices. (a) All notices, demands and requests (hereinafter collectively called "notices")
which either party is required or may desire to give to the other under this contract shall be in
writing, and shall be given to the attorneys only and may be given by mail, fax or personal
delivery.
11
(b) Notices mailed as aforesaid shall be deemed to have been given or served for all purposes
under this contract upon receipt. Any notice by either party to the other may be signed by the
attorney for the party giving the notice. Notices given by fax shall be deemed given upon
electronic confirmation generated by the sending fax machine.
32. Sellers Not Bound. The submission of this contract does not constitute an offer and the
Sellers shall not be bound until the contract is fully signed by all parties and delivered to the
Purchaser.
33. Invalidity of Provisions. In the event that any term or provision of this contract or the
application thereof to any person or circumstance shall,to any extent, be invalid or
unenforceable, the remainder of this contract and rider, or the application of such terms or
provisions to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this contract and
rider shall be valid and be enforced to the fullest extent permitted by law.
34. Governing Law &Venue. The law of the State of New York shall govern the
interpretation of this contract and rider. Venue,with respect to any action or proceeding
commenced as a result of this contract and rider, shall be in Suffolk County.
35. No Assignment or Recording of Contract. This contract may not be assigned or recorded
by the Purchasers without the written consent of the Seller. Purchaser shall have the right to
assign this contract to the owners of the adjacent properties to cause the merger of title of the
premises or a portion thereof with the adjacent lots so as to eliminate premises being considered
as a separate building lot. Neither this agreement nor any note or memorandum thereof nor the
contract of sale pursuant to which this agreement is entered into, may be recorded in the Suffolk
County Clerk's Office and for breach thereof, Sellers shall be entitled to an injunction to
discharge same from the record and Purchaser. Purchaser shall be liable for all costs of such
proceeding, including reasonable attorney's fees.
36. Community Preservation Fund Tax. The Purchaser shall pay at Closing the Community
Preservation Fund Transfer Tax in the amount of two-percent(2%) of the consideration(after
deducting the first $75,000 exemption for vacant land).
37. Conflicts. If any of the terms of this Rider conflict with any of the terms of the contract to
which it is annexed, the provisions of this Rider shall control.
38. Withdrawal of SCDHS Application/Non-Buildability. For and in consideration of the sale
of the premises, Seller shall withdraw and abandon his pending application to build a single
family dwelling before the Suffolk County Department of Health Services Board of Review and
Purchaser agrees that no buildings and structures shall be erected on the premises, except
12
additions to existing dwellings and customary accessory structures if the premises or portion
thereof is merged or used in conjunction with the adjacent lots. This provision shall survive
delivery of the deed and closing of title and may be incorporated into a Declaration of Covenants
and Restrictions to be recorded in the Suffolk County Clerk's office. Seller and Purchaser shall
also execute a stipulation discontinuing and settling the Article 78 proceeding in the matter of
Midulla v Rapp, Suffolk County Index No. 01-25206.
IN WITNESS WHEREOF, this contract has been duly executed by the parties hereto.
FREDERICK FRANCIS RAPP, Seller ROSARIA FORCHELLI,Nominee,
Purchaser
S.S.# S.S. #
Attorney for Seller: Attorney for Purchaser:
WAYNE D. BRUYN, ESQ. JEFFREY D. FORCHELLI, ESQ.
O'SHEA, MARCINCUK& BRUYN, LLP FORCHELLI, CURTO, SCHWARTZ,
250 North Sea Road MINEO, CARLINO & COHN, LLP
Southampton,New York 11968 330 Old Country Road, P.O. Box 31
Ph: (631)-283-7007 FAX: (631)-287-9480 Mineola,New York 11501
Ph: (516)-248-1700 FAX: (516)-248-1729
Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance
with the provisions of paragraph 6 above.
WAYNE D. BRUYN, ESQ.
Contract of Sale
PREMISES
Title No.#
District: #1000
Section: 80
FREDERICK FRANCIS RAPP Block: 3
Lot: 15
County: Suffolk
-TO- Street Number Address:
-Vacant Land-
ROSARIA FORCHELLI, As Nominee N/S Lake Drive, 298 ft. E/O
Reydon Drive, Southold,New York
13
Schedule "A"
rriffORIVIMMWO
w ALL that certain plot, piece or parcel of land, situate, lying
and being in the Town of Southold, Suffolk County, New York, and
shown on Map of Re-Subdivision of Block "F" of I'iap of "Reydon
Shores" at Bayview, L.I. , N.Y. , which re-subdivision was made by
Lewis N. Waters, L.S. , of Oyster Bay, L.I., N.Y., September 2nd,
1936 and which said map was duly filed in the office of the Clerk
of the County of Suffolk at Riverhead, New York, on the 7th day of
October, 1936, as Map No . 1215, and which said lot is more particul-
ary designated as and by the lot number six (6) on said Re-Sub-
division Map.
TOGETHER with the right to use for bathing, boating and fishing all
that portion of beach lying in front of Sections A and B as shown on a
certain map made July 22nd, 1930, by Daniel R. Young, P.E. and L.S.
entitled "Map of Reydon Shores, Inc. , Bayview, L.I ., N.Y., in the Town
of Southold, Suffolk County, New York" and filed in the office of the
Clerk of Suffolk County, Riverhead, New York, on July 1st, 1931, as
Map No . 631, in common with Reydon Shores, Inc. and with others who now
have or may hereafter acquire rights in the same, subject, however, to
such reasonable rules and regulations with respect to the use thereof,
as the said Reydon Shores, Inc. may from time to time put into effect.
TOGETHER with a right of way over the roads, highways, streets and
lanes shown on said Map of Reydon Shores, Inc. , above referred to and
over a road or highway known as Reydon Drive, which runs through other
property of the said Reydon Shores, Inc. , said right to be in common
with Reydon Shores, Inc. and with others who now have or may hereafter
acquire rights in the same, but it is expressly understood and agreed
that the Reydon Shores, Inc. reserves to itself, its successors and
assigns, the title to the land lying within the bed of all of said
road, called Reydon Drive, and the right to make improvements and to
lay, erect and maintain water, gas, electric and telephone systems
thereon and thereunder, in all of said roads, streets, highways or
lanes as shown on said map.
TOGETHER with all the right, title and interest of the party of the
first part herein, of, in and to that portion of the bulkhead lying in
front of and adjacent to that portion of the bulkhead lying in front
of and adjacent to the premises herein conveyed.
BEING the same premises conveyed to Manuela Fernandez by deed dated
October 9 1936 and recorded in the Suffolk County Clerk's Office on
October 14, 193b, in iber 1887 of deeds . e t pag , an after
conveyed by Manuela Fernandez to Manuela 'er e2and sathiTea
,� ,, •,,,_-i T„i__ op lny, an(I rrsr.nrClnr1 in thr Suffolk
FROM : MarkSchwartz,AIA-Architect PHONE NO. : 6317344185 Jul. 22 2003 07:29AM P4
SURVEY OF LOT # 5 N
MAP OF P x-5UDDNISION OF BLOCK "
F
1 OF MAP OF REYDON SHORES w e I
I FILED WITH SUFFOLK COUNTY - MAP # 1215
I SITUATE' BAYYtE1 yacht _ ba sin s
TOWN: SOUTHOLD --
SUFFOLK COUNTY, NY /ii
3LRVEYED 05-13-09
I SUFFOLK COUNTY TAX• �� �_____�` -.S79o4 ,_
1000-00-5-* �,M..a ��0$h$/ ----- _ _
,~ --`/ ,$9.47• -
CERITOZO TO % ,- _ ,:..,`— -
CEY rmr•r---,,
/alRlk -
p
I
1 /
, ,i eL•n e /
O rL•.o
AP).
'MP
I g
I ' te 43.
EL•70
I /
'./C)0 F/owe.
�
p� . /p
as
•
& /+ 4
i
•L .` V �z
.tc1V/
�— `//• �Oa=fie
r EL-O.i 00 ` aE 8
eL.na/ C-.7--i♦ - •� `F'ea/z
4eydon/ . n. r1.,,,
l
O' /
/ w111111111 6t.,.7 /
of
I_.22. p . -
I Five _
y r.1.•ii Q- exrsa NG HQVjg AREA.1565 5i
EXISTING DECK AREA• 631 S.F.
PROPOSED ADDITION =234 6F.
4
CF NEW y TOTAL =2430 S.F.
e 54% LOT AREA - 11662 5.F,
V -''1 TOTAL COVERAGE PORGCNT=21}I
NOTES * L x 1 t
o• MONUMENT ».M...^- 4.‘
",.°41.5S..
o PIPE 4g
ARRA= n062 5P OR 0.21 ALS __- -?:ti JOHN C. EHLERS LAND SURVEYOR
ELEVATIONS REFER TG MSL 146VD'2.1 --_lam_:•
,��•.-
;a_».-::z 6BASTMAII4STRPEf N.Y.S.uC.tlo.So202
GRAPHIC SCALE I`- ZO' .:�RWERI RAD,N_Y_11901
�" 369•48E PrX69-8287
sN �G ::::=:.�.: REPARp tmc6OTRO303-17D.Fro
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
November 12, 2003
Southold Town Zoning Board of Appeals
Ruth Oliva, Chairwoman
Southold Town Hall
53095 Main Road
Southold, NY 11971
Re: Forchelli
1000-80-3-16
Dear Chairwoman and Board members:
Enclosed please find 7 copies of an updated survey which includes a stoop in the
front for access. The stoop does not change the lot coverage calculations (previous
survey with 21%lot coverage and enclosed survey is 21%lot coverage). This updated
survey was used for the neighbor notices.
If you need anything further please do not hesitate to contact me.
Very try yours,
Patricia C. Moore
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971-4616
Tel: (631) 765-4330 AUG 5 2003
Fax: (631) 765-4643
OAPPEALS
August 5, 2003
BY HAND
Southold Town Zoning Board
Southold Town Hall
53095 Main Road
Southold, NY 11971
Re : Rosaria Forchelli
Premises : 405 Lake Drive, Southold, NY
SCTM # 1000-80-3-16
Dear Ladies/Gentlemen:
Enclosed please find the original and six copies of the
Variance Application with attachments . Also enclosed is my
client' s check payable to the "Town of Southold" .
If you need anything else, please do not hesitate to contact
me .
Very t9uly yours,
— atricia
C. Moore
PCM/mm
Enclosures
ROSARIA FORCHELLI
5 Danton Lane South
Lattingtown, New York 11560
Re: Application of Rosaria Forchelli
Premises: 405 Lake Drive, Southold,New York
SCTM#1000-80-3-16
I, ROSARIA FORCHELLI, the owner of the above premises, do hereby authorize
Patricia Moore, Esq., to execute and file any and all applications with the Town of Southold to
enlarge the existing one-family house on the above property.
ROSARIA FORCHELLI
Sworn to before me this
21St day of July, 2003
\ 011blk / / • -..,
it ima-AA .._
I P .lic ;'OS 0,'N...
n
JEFFREY D.FORCHELLI G '.` ,
NoGvyN. 02F0 195 New
York , X 20 s
00
Qualified In Nassau i, y,.
Commission Expires July 81,
.,
', '
,J
APPEALS BOARD MEMBERS Southold Town Hall
Ruth D. Oliva, Chairwoman 53095 Main Road
Gerard P. Goehringer P.O. Box 1179
Lydia A.Tortora Southold, NY 11971-0959
George Horning Tel. (631) 765-1809
Vincent Orlando Fax 765-9064 (alt. 1823)
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
December 12, 2003
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: Appl. No.5418 —Variance (Forchelli property)
Dear Mrs. Moore:
Enclosed please find a copy of the findings and determination rendered by
the Zoning Board of Appeals on December 4, 2003.
When returning to the Building Department for the next step in this
building/zoning review process, please provide their office with an extra copy of
the enclosed determination and, if applicable, the amendment to the maps to show
conformity with the Board's decision.
Thank you.
Very truly yours,
Linda Kowalski
Enclosure
Copy of Decision 12/12/03 to:
Building Department
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 08/07/03 Receipt#: 6961
Transaction(s): Subtotal
1 Application Fees $400.00
Check#: 6961 Total Paid: $400.00
Name: Forchelli, Jeffery D
405 Lake Dr
Southold, NY 11971
Clerk ID: LINDAC Internal ID.80689
,�o# ct �FFO��-co;
ELIZABETH A.NEVILLE ��ihGy`1� Town Hall, 53095 Main Road
TOWN CLERK �� p P.O. Box 1179
W3 Z $ Southold, New York 11971
REGISTRAR OF VITAL STATISTICSi
MARRIAGE OFFICER G 4 $ Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER /O�\?'4f Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER =0'� ���al,l' southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville, Southold Town Clerk
DATED: August 8, 2003
RE: Zoning Appeal No. 5418
Transmitted herewith is Zoning Appeal No. 5418 of Jeffery D. Forchelli by
Patricia C. Moore for a variance. Also included is: letter of transmittal dated
August 5, 2003; letter of authorization; Project Description; Applicant
Transactional Disclosure Notice of Disapproval dated April 17, 2003, amened
August 4, 2003; survey; and plans.
TOWN OF SOUTHOLD PROPERTY RECORD CARD A4— /cD—
OWNER —�--- -- -,--- -
STREET 205FVILLAGE DIST SUB LOT 5
reosr l creheJ kola_ 6rAfe-- ,o(4.410 /ci 5" 2e cton Shore. ,Bloat F
ACR. REMARKS
a�7
TYPEOF BLD.
PROP. CLASS
/5/Tal /*/ : '�dc ,& it c:z1 0 —
LAND IMP. TOTAL DATE //107-L.1 i a :' rie4 t TDrcke/h - 43/a/boo lir
gGSC, 5:500 ✓/2//03 — —
CID TC-11
FRONTAGE ON WATER ‘eooD TILLABLE
FRONTAGE ON ROAD WOODLAND
DEPTH MEADOWLAND
BULKHEAD HOUSE/LOT
– -- I TOTAL
t 17.144.
COLOR
TRIM
11
M. Bldg Foundation C B Bath
Dinette
FULL
Extension Basement CRAWL Floors Kit
SLAB
Extension Ext. Walls Interior Finish L.R
•
Extension Fire Place Heat D.R
Patio Woodstove BR.
111
Porch Dormer Fin B
r - _
Deck Attic
Breezeway Rooms 1st Floor
Garage Driveway - __ Rooms 2nd Floor
OB
Pool
I i
OFFICIAL USE ONLY
FORCHELLI, JEFFREY(MOORE) 5418 RO
ADDN -SIDE YARD SB & LOT CVRG
405 LAKE DRIVE, SHLD 80-3-16
Chec st for new projects:
CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY
L , AGENT, TM#, ZBA#, ZONE, MBR'S INITIALS,
PROJECT, VARIANCEINCLUDENAME, ADDRESS —top/front fldr, checklist sheet, 1St pg. appl
CTY TAX MAP 8 CPES — 2 W/NEIGHBORS CIRCLED AND #'S WRITTEN (1
FOR APPL & 1 FOR FILE TO BE STAPLED TO RT INSIDE FOLDER)
op MAILINGS: INCLUDE COVER LTR, SIGN, AFFS SIGN PSTG & MLG, CHAP
J58, LEGAL NOTICE - COPY OF ALL BUT AFFS & 58 IN FLDR RT
ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON FLDR RT SIDE
t/ INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR
/ RESEARCH PRIORS — INDEX CARDS, LASERFICHE, — 6 CPES OF DEC (1
RT SIDE FLDR) - CPE INDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR
\h PB COORDINATION MEMO: ANY COMMERCIAL/SUBDIVISION PROJECTS
( include: ZBA app, NOD, & BD app (S drive ZBA, memos)
iINSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS
CARD, CTM, ALL OTHER CORRESPONDENCE
0 SOIL &WATER LTR: PARCELS ON LI SOUND
W
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:
R1 J i/03 1 DI ID 2,2-1 sd YitacaP., q /?j 'f eyc ^
P-g2,,, f i Ens ,.. .., -4
Subject - 1000-80-3-16
1000-80-3-15 Frederick Francis Rapp
7499 Birdland Crescent
Spring Hill, FL 34607
1000-80-3-17 Jean M. Rotert
231 Canterbury Drive
Ramsey, NJ 07446
1000-80-4-4 Mr. and Mrs. Gus L. Mueller
390 Lake Drive
Reydon Shores
Southold, NY 11971
1000-80-4-29 Raydon Shores Property
P.O. Box 1693
Southold,NY 11971
Ct'" x,-P-1 ► COUNTY OF SUFFOLK
ROBERT J GAFFNEY
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
December 29, 2003
Town of Southold
Zoning Board of Appeal
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-community impact(s). A
decision of local determination should not be construed as either an approval or a disapproval.
Applicant(s) Municipal File Number(s)
Droege,Madeline* 5186
Schlussel,Murray(Estate of) 5259
Rubinow,Laurence and Betty Ann 5386
Brown, Karen 5411
,-Forchelli,Jeffrey 5418
Cheska,John and Kathy 5423
Sogoloff,Dimitri and Helen** 5426
Rodin,Charles and Barbara 5433
Pagano,Joseph 5434
*Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with
applicable variance criteria.
**Premises should be encumbered by appropriate developmental restrictions,particularly as set forth by the
Z.B.A.
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G.Newman
Chief Planner
GGN:cc
G:\CCHORNY\ZONING\ZONING\WORKING\LD2003\DEC\SD5186.DEC
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. -4TH FLOOR ■ P 0 BOX 6 100 ■ (5 16)853-5 190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER(5 16)853-4044
APPEALS BOARD MEMBERS Southold Town Hall
53095 Main Road
Ruth D.Oliva,Chairwoman P.O.Box 1179
Gerard P.Goehringer Southold,New York 11971-0959
Lydia A.Tortora Telephone(631)765-1809
George Horning ZBA Fax(631)765-9064
Vincent Orlando http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
December 22, 2003
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following decisions, applications, surveys, tax maps, building
disapprovals, and related information for review pursuant to Article XIV of the Suffolk
County Administrative Code; within 500 feet of:
R— STATE OR COUNTY ROAD
W —WATERWAY (BAY, SOUND, OR ESTUARY)
B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND
ZBA NAME ACTION REQUESTED R W B
5186 DROEGE, M ACCY WIND TURBINE — LOC. & HEIGHT X
5259 SCHLUSSEL, M NEW DWELLING — FRONT SETBACK X
5386 RUBINOW, L ADDITION — FRONT YARD SETBACK X
5411 BROWN, K ADDITION — SIDE YARD SETBACK X
5418 FORCHELLI, J ADDN — SY SETBACK & LOT COVERAGE X
5423 CHESKA, J ADDN — LOT COVERAGE X
5426 SOGOLOFF, D DECK— BLUFF SETBACK X
5433 RODIN, C 2N0 STY ADDN — FRONT PROP LINE SB X
5434 PAGANO, J NEW DWELLING — FRONT YARD SB X
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Jess Boger ID
Enc.
cc: ZBA Staff
LEGAL NOTICE
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, NOVEMBER 20, 2003 PUBLIC HEARINGS
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, NY 11971-0959, on Thursday, November 20, 2003, at the
time noted below:
1:40 p.m. JEFFREY FORCHELLI #5418. This is a request for a Variance under Section 100-244, based on
the Building Department's April 17, 2003 Notice of Disapproval, amended August 4, 2003, concerning a
proposed addition at less than 10 feet on a single side yard and with total lot coverage in excess of the
code limitation of 20%,at 405 Lake Drive, Southold; Parcel 80-3-16.
The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or
desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier
than designated above. Files are available for review during regular business hours. If you have questions,
please do not hesitate to call (631) 765-1809.
Dated: October 28,2003. By Order of the
Southold Town
Board of Appeals.
1
e444 osis
� A111111 01' IIIIIIIII
-s . ' 4IP-4.':: 1 -#01 ni, ,,
„ , , 6-edirimik i , III
i , .
mottaiNg , NE -7- .
,, .
=aa:� .
iIIIL' F'
I EN=
ME 3 L.i,
1- j ffid
i
� � _ _ 11 I i i I 11
M. Bldg.
25.7 1%0' _
Y 1-Y 70 •) , Foundation Mil Bath /
Extension (/ y
i s►, d K.1.1 = ! �.d MINN= Basement R Floors P7/v `--
•
Extension 1 �' '( / 1V (3.--% ' Ext. Walls c v �
Y '-” Interior Finish ,s )`1
Extension ! O _ `'
<7 di Fire Place Heat C 1 �'
I
��G,� -41
a../-0,44,1 lq-
1"�� ` •
6 qg Porch Roof Type
1111 134, Porch Rooms 1st Floor
3reezeway E AIM Patio /o \K / q Rooms 2nd Floor
FP 4 'O1 BECIAIIIihamir`_ Driveway Dormer
J. B. 4 , l g; _, � t
Mini
nIIIIIIIIII
+*F• ,... fr.--
hi, , kr ("ii lis.,. IL-1 r---
,. CAR?
o�
Cl
STREET 05 VILLAGE DISTRICT SUB. LOT
t Apr
FORMER OW ERH 'v ( Qrr e.ex N E ACREAGE
- • # 6P ck.)
FIE if moo,
n , 1 S W TYPE OF BUILDING ,/ ii
+, .— / ' / Ii ,
r
:ES. /4 SEAS. VL. FARM COMM. IND. CB. MISC. Est. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
Ai
r 66 Q a a . e a /W '� _ : , _ i-107a p �0 h rbee ,, 3o 7.00 0
o--+ "-// 0-0 ✓ NMi s- • _ S . o l .1,,L-( � , O v
/ e5-40MIMI 3Uo 7 ,?/a Al
•� » "o oho - �} rbee
N o0 3s�Q 4 eye Q 4/1 , .7.-1j4 v
// / f I���^i t ,—(�nsfin�. i ,'onoverexs+ pak;o : Coxlv��' ,� , ' - f3�
b z /a ,5:5-00 / /3 g-3 11 �' 93 -8 P a . - ,, I �' " "'f�bi ',0
� Space- FC, ' ,Ora
NEW NORMAL BELOW ABOVE FRONTAGE ON WATER 1 '` oa 7
Farm Acre Value Per Acre Value FRONTAGE ON ROAD
"illable 1 BULKHEAD
'illable 2 DOCK
'illable 3
Voodland
wampland
rush land
louse Plot
'ota 1
10:10 a.m. CARL AND amended August 4, 2003, con- kl 49
ELENA PATCHKE#5428.This cerning proposed new deck con-
is a request for a Variance under struction at less than 100 feet
Section 100-33, based on the from the top of the Sound bluff COUNTY OF SUFFOLK
Building Department's June 27, or bank, at 1305 Soundview EW
2003 Notice of Disapproval, Avenue Extension, Southold;
LiseSTATE MarOFinacNe, beingYORK ss:
duly sworn, says
concerning the "as built loca- Parcel 50-2-18.1.
tion" of the hot tub structure in 1:20 p.m. MR10N >nN that she is the Legal Advertising
an area other than a required #5420. This is a request for a Coordinator, of the Traveler Watchman,
rear yard, at 95 Shore Lane, Variance under Section 100-
Peconic; Parcel 86-1-4.17. 30A.3, based on the Building a public newspaper printed at Southold,
10:20 a.m. HOWARD AND Deparment's February 21,2003
LISA D VIDOFF #5424. This Notice of Disapproval, for the in Suffolk County; and that the notice of
is a request for a Variance under reason that the proposed addi- which the annexed is a printed copy, has
Section 100-239.4B, based on tion will exceed the maximum been published in said Traveler
the Building Department's June code limitation of 2'/2 stories.
20,2003 Notice of Disapproval, Applicant proposes to convert a
concerning; a proposed swim- cupola for accessible space, at foWatchman once each week
ming pool at less than 75 feet 360 Ruch Lane, Southold; r ( woekt uccesday ,o
from bulkhead, at 1015 Parcel 52-2-22. coin e ing o the day of
Kimberly Lane, Southold; 1:30 m.
Parcel 70-13-20.6. DA1yIF LF HFL ePH ND +Il/ /'}')f . -- ., 2003.
10:30 a.m. CHART E qND - #5430.
BARRAR RODIIv This is a request fora Variance
#5433. under Section 100-242A, based • I Aa,/4.
This is a request for a Variance on the Building Department's
under Section 100-30A.3,based August 14, 2003 Notice of
on the Building Department's Disapproval, concerning pro-
August 8, 2003 Notice of posed additions at less than 35
Disapproval, amended feet from the front property line
September 8, 2003, concerning at 42300 C.R. 48 (a/k/a Middle Swo to before me this. .....day of
a proposed second-story addi- Road or North Road), Southold;
tion and alterations at less than Parcel 59-4-2.3. ����y1/ 2003.
50 feet froth the front property 1:40
line, at 70 Strohson Road, FORCHELLI #5418. Thim. JEF
Cutchogue; Parcel 103-10-16. request for a Variance under
10:40 a.m. J & C HOI D Section 100-244, based on the
S, Contract Vendee Building Department's li�
(Owner Doll)#5419.Applicant 2003 Notice of Disapp oval, Notary Public
IS
requests Variances under amended August 4, 2003, con-
Sections 100-30A.3 and 100- cerning a proposed addition at
239.4A, based on the Building less than 10 feet on a single side
Department's November 7, Emily Hamill
of Disapproval, yard and with total lot coverage NOTARY PUBLIC,State of New York
002Notice oSapp con, in excess of the code limitation No.OlHA5059984
amendedcerning a Augustsed 6, 2003,
of a- of 20%, at 405 Lake Drive, Qualifiedioinx ares May County
new dwelling with setbacks. (a) Southold;Parcel 80-3-16. Commission expires 06,2006
at less than 50 feet from 1:50 p.m. D GLAL AND
front property line and LZ' A DEFEI #5438. This is
(b) less a request for a Variance under
withthan 100 feet from the top of the Section 100-244B,based on the
Sound bluff, at 590 North View Building Department's August dwe an existing single-family
Drive, Orient; Parcel 13-1-5.1. 25, 2003 Notice of disapproval, dwelling. Location of Property:
10:50 a.m. RIT H RD and amended September 3, 2003, 855 New Suffolk. Avenue,
NANf` #5422. concerning a proposed front Ivlathtuck.
Applicants request a Special porch entry exceeding ed sq. ft. The Board of Appeals will
Exception under Section 100- hear all persons, or their repre-
30B 1 in size,at less than 35 feet from at each
desiring to be heard
( ) to establish an the frontproperty
Accessory Bed and Breakfast Cedar oit rivlinee at 1st, at each
incidental to their ownershipWest, to submit hearing, and/or desiring
residence of the existinSouthold;
2:00 Id, Parcel 90-�1-3r. Each = .utenis
andingle-family home, for lodging � before the conclusion of each
g g KATHY H.E. # AND hearing. hearing will not
and serving of breakfast to not is a for a Variance under start earlier than designated
smore than four(4) casual, (ran- Section request for4B, based on the above. Files are available for
sient at 26815 Main Sectioreview during business hours.If
roomers,Cutcgue;Parcel 109-2- BuildingDepartment's August you have questions, please do
15. 6, 2003 Notice of Disapproval, not hesitate to call (631) 765-
Road,11:00 a m concerning a proposed addition 1809.
ALTER exceeding the code limitation of
TE :00 #5429. This is a coverage of this 7,528 sq. Dated: October 29,2003.
request for a Variance under ft. lot, at 1300 Mi s . Ruth D. Oliva,Chairwoman
Section 100-235A,based on the Boulevard,Southold;Parce187-
SectiBuilding De Southold Town Board of
Department's August 2-11. Appeals
5, 2003 Notice of Disapproval, 2:10 p.m. JOSEPH PA Alyp
for the reason that a new By Linda Kowalski
dwelling is not permitted when #5434. This is a request for a 1X 11/6/03 (022)
the lot does not have direct Variance under Section 100-
frontage or access to a public De244, based on the Building
street in accordance with Town Notpart
ice ent's July 16, 2003
Law Section 280-A at 1077 Notice of Disapproval.
New Suffolk Road, Cutchogue; Applicant proposes a new
Parcel 108-7-7.2(frmerly 5.2), dwelling with a front yard set-
1:00 p.m. K®REN BRD back at less than 35 feet,at 1345
6411. This is a request fora East Gillette Drive, East
Variance under Section 100- Marion;Parcel 38-4-21.
:44, based on the Building 2:20 p.m. RAYMOND NINE
)epartment's July 15, 2003 #5435. This is a request for a
iotice of Disapproval. Waiver of Merger pursuant to
applicant proposes addition(s) Section 100-26, based on the
the existing dwelling at less Building Department's August
ian 10 feet on a single side 25,2003 Notice of Disapproval,
ard, at 1300 Founders Path,
outhold;Parcel 64-4-6. amended September 8, 2003, to
1:10
.c„,,...‘,
p.m. DIMITRi AND umnerge the southwesterly
xaiz , , r,nr* #5426; 3,,q,'92„ },
ktitis` iiegrtest`fi .a.Variance # r11.,,.Io n '
Eat_ tibliiF`" -0® i.r % , ?�#pecel
Iced _ -2$9.4A, P* ori the r a PrtQr
ori the , 'dlrtg Posed Pared a.
ms's Deeemttier _:20, orf .:ft.
2 Notice of Disapproval, See Leta s next page/
uKITk, E 6F HEARIu€
A public hearing will be held by the Southold Town Appeals Board at
Town Hall , 53095 Main Road , Southold , concerning this property:
NAME : JEFFREY FORCHELLI - 5418
MAP #: 80-3- 16
APPEAL: SETBACK & LOT COVERAGE
PROJECT: ADDITION
DATE : THURS . NOVEMBER 20 , 1 :40 PM
If you are interested in 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 SOUTHOLD - 765- 1809
•
•
SURVEY OF LOT # 5 N
MAP OF RE—SUBDIVISION OF BLOCK "F"
OF MAP OF REYDON SHORES W \ E
FILED 1NITH SUFFOLK GOUNTY — MAP # 1215 s
SITUATE: BMYVIEW yacht
basin •
TO1NN: SOUTHOLD -6SUFFOLK GOUNTY, NY
0
SURVEYED 05-13-03 -- - - I
AMENDED 08-IG-03 - e
SUFFOLK COUNTY TAX # 79°TO'OSFI jr_ —
„F, E S91000-80-3-I6 nQ' 47,
fo�na --
CERTIFIED TO; a" timber bUIkhe
JEFFREY FORCHELLIE EL v as
F
EL-4 i
/2 F`
// EL--LEE
, EL =4 e,
EL= Q O
eb
lw EL=50
c s
CP) iQO
6.
EL=S4
/ /
LL F, ) ' /
L 411417416111
41411.44L = u,
De
/ 33
Ii//=U EL-7'-
• LI' Fro/ StQr, l
% me y •
/ �\ use m
•,• ?` ' N /
-`fit # `
6 / �O 6�� ��\ — _ —_u/ FL-
l/ Fri
fv/° .33, -,iv* _ • taw
/ ,,L__,,
,� w Z
o "F Eltg ,qE g ne
/ ,,'-z` - • ''Qo
/ / Lot # ° dZon
EL-P i S / �, x„ e
o / / ieii�, \ •
I sseei
v,i,
__ __
' LES l
Re 372' to O /ELEJ '4Sphg/t
ydp 6 / 8. 1
n Road DrlVe rry •
o / /
( `ot # 4
/ N� n LL // o
0 4°l�^/ /
once\O 60 00
'gy
-______.::o
Lak :,,,,, ____"-----i
i
L., D ® EL _
rive
_____ _
_ _ __
L II EXISTING HOUSE AREA = 1585 S.F.
. EXISTING DECK AREA = 631 5.F.
"•P34 S.F.
���� W yQo TOOOAPOSED ADDITION = 2450 S .F
`N,.-��: -'�S LOT AREA = 11662 S.F.
TOTAL COVERAGE PERCENT = 21 %
*
10'r.. �' *
NOTES: I!ep"_= �
NI
�Fy NO. 50`�� J
�
O PIPE
on,� SF LAND Sv
��r°��,�°.,��., o�'s - �r,r�,'1 �°� O
Nnry Ye. b�nr,c� ,
AREA = 11,662 5F OR 0.21 ACRES
rvsn -.e�
s`'''''se ,
, ns.,ereb«--=',JOHN C. EHLERS LAND SURVEYOR
ELEVATIONS REFER TO MSL NGVD '251 „crvebnerAe,rzgnrf,,,
by`nM1q'oma'°''''°-r re nr°r genasncr,ervy,n' °ptrn
6 EAST MAIN STREET N.Y.S.LIC.NO. 50202
New Ynrk SL°:e A.,s°ci°ti°n of V�rof°ssrenol
GRAPHIC SCALE I"= 20' Lnr�ey°r= =,n r„n°"' RIVERHEAD N.Y. 11901
e°me�erzen s°r h enr me, Bey rs overnman
and°n his ben°If to the h[ie company,ymemmen- f
agency and lenbrng Ins.utien nsieb hereon end 369-8288 Fax 369-8287
— 'ne°'Sg''''s or'ne ienm g ns�r�r,r en er,rf c°- REF.\\Hp server\d\PROS\03-170.pro
rens r°n,ferene �..�r,rrenz
•
_ _— -_ -- __ _ _ ___ —_ - .0i 11.31,06.4 Wb ServerWPF05`03-110un J'
•
.11,
11
SURVEY OF L 5 N
MAP OF 1RE-SUE12 IVI5I ON OF BLOCK "F"
OF MAP OF REYDON SHORES w , E
FILED WITH SUFFOLK COUNTY - M • . 5 s
SITUATE: n .., Y
��4Y1�IEW 1 , .. '' acht ba51n
TOWN: SOV I I LD w" $ tioo
SUFFOLK COUNTY, NY
SURVEYED 05-13-03 Q
SUFFOLK COUNTY TAX # "'7J°40'O�'11 II -_---- __
1000-80-3-I6 ,, . _ /E3= 4 o E
nail i --<��✓9•�/7'
.p.t7p TO: Found L� -
CER1T I.D EL=4 0 —��T/B\4(7
timber �`—
JEFFREY FORME-L K =4 bulkhead
/
E5=4I 0 /
Ci -34
LL-46
w % � w
EL=so o O
EL=5o �y
• ca se[� c
ti " F ` V
o�
V
EL=54
411•1144411%\11417111;
' )e
c jc, 4414%
0 78 i
33,
4) -,0 2
I/ EL 70
• ry 'r / St
Q or •
s- Floor�e yo
N ��• \ bse m /
;-. -- A 1/ 41:?:9;
7 - , J /
Lot # V. /S����� � N U eL=, •
\.� azr ,�
O/ 33, 5• qb, •
NN Ei_=b 5 \ \ Flood
�° / y w zone
EL
al) ,AE g
!% - 1.------ •/
, / % / �ot # S_`� 1 �, 'X,zone
/ ,
Reyoo� to O „, i �Sp Q/t / FL n2
n Roq �r/v vs •
d - / e Cot # 4
--, 1 I //
r O
/o N,
° tr
4IrL `' / /
wooq
F ° 6 / �� , 0
en e\° 0• /,—, D e - -----------_ 1.--- _
�'Y
/ 0
ni
La k,
tilt/ tL=101 -------_._
e
EL=II-4 EXISTING HOUSE AREA = 1585 S.F
EXISTING DECK AREA = 631 S.F.
Of NEW PROPOSED ADDITION = 234 S.F.
4P•<G �rC�p TOTAL = 2450 S.F.
,p ...! "rip- - LOT AREA = 11662 S.F.
TOTAL COVERAGE PERCENT = 21 %
x .,4�
*
- l* r .NOTES: / 1...,
■ MONUMENT 4 J M:
5011
O PIPE ,.,° ., `"y ''•
LAND OP-
I AREA = RES
11,662 SF OR 0.2-1 AC
ELEVATIONS REFER TO MSL CRSS '2q ''''''.�''''' ,I.,Mcrisii4.,',' "".V''''''JOHN C. EHLERS LAND SURVEYOR
NGVDGRAPHIC, -'-,` '' °`'-°r- 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202
G 5G_ AL E 1"= 20' f
-,",:CN<, RIVERHEAD,N.Y. 11901
—9,,- «„--,-- „ 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\03-170.pro
• --___ _ _-____ _._- -. ---- 7/23/200 0.31.233*+ WV 1.nwV1P703103-Mao 4
OROM : MarkSchwartz,A IA—Archi t PHONE NO. : 6317344185 May. 15 2003 06:33AM P2
FORM NO. 3
f
NOTICE OF DISAPPROVAL
DATE:April 17, 2003
TO: Mark Schwartz A/C Forchelli
i r PO Box 933 ` r.�
iit
Cutchogue,NY 11.935
i! . tliftilt
j,
lease take notice that your application dated April 17,2003 ,
For to construct additions and alterations to an existing single family dwelling at G �, ,
ti' tt''
ffi it ' =='L, cation of property 405 Lake Drive, Southold,NY 0O�)
1 1 M1 ;.
/
County Tax Map No. 1000- Section 80 Block 3 Lot 16 , , ,
/
Is returned herewith and disapproved on the following grounds:
The proposed addition/alteration to a non-conforming single family dwelling, on a non-conforming
11.630 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-
242A which states.,
"Nothing in this article shall be deemed to prevent the remodeling,reconstruction or
enlargement of a non-conforming building containing a conforming use,provided that such
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
The existing single-family dwelling notes an existing single side yard setback of 5.3 feet. The proposed
construction will maintain that setback.
Therefore the •ro•osed addition is not •ermitted •ursuant to Article XXVI Section 100-244 which
states that non-conforming lots,measuring less than 20,000 square feet in total size,require a
minimum single side yard setback of 10 feet.
Total lot coy-._:, •llowin! the .ro.osed construction is+1- 18 .ercent.
41
air
" o ",ed Si? -cure
CC: file,Z.S.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Department.
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: April 17, 2003
AMENDED: August 4, 2003
TO: Mark Schwartz A/C Forchelli
PO Box 933
Cutchogue,NY 11935
Please take notice that your application dated April 17, 2003
For permit to construct additions and alterations to an existing single family dwelling at
Location of property 405 Lake Drive, Southold,NY
County Tax Map No. 1000 - Section 80 Block 3 Lot 16
Is returned herewith and disapproved on the following grounds:
The proposed construction to this non-conforming single family dwelling, on a non-conforming 11,630
square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A
which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a non-conforming building containing a conforming use,provided that such
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
The existing single-family dwelling notes an existing single side yard setback of 5.3 feet. The proposed
add' 'I ill maintain that setback. In addition, the proposed construction notes a total lot coverage of
+ - 21 pe ent.
Therefore, the proposed addition is not permitted pursuant to Article XXVI Section 100-244, which
states that non-conforming lots, measuring less than 20,000 square feet in total size, require a
minimum single side yard setback of 10 feet and a total lot coverage of 20 percent.
This Noti _:..1 isa. s ro •• •nded on Au oust 4 2003 to correct an error in lot coverage.
• ---
Authorized Signature
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Department.
Lnei led a s s/y ulet3, 7-----�
fir?
FORM NO. 3 AUG 4 2003
NOTICE OF DISAPPROVo^;-= o :o RppEikLS
DATE: April 17, 200 I
AMENDED: Augu t 8 2003
TO: Mark Schwartz A/C Forchelli
PO Box 933 AA.
Cutchogue, NY 11935 Al `
(31903
Please take notice that your application dated April 17, 2003
For permit to construct additions and alterations to an existing single family dwelling at
Location of property 405 Lake Drive, Southold, NY
County Tax Map No. 1000 - Section 80 Block 3 Lot 16
Is returned herewith and disapproved on the following grounds:
The proposed construction to this non-conforming single family dwelling, on a non-conforming 11,630
square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A
which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a non-conforming building containing a conforming use, provided that such
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
The existing single-family dwelling notes a rear yard setback of 5.3 feet. The proposed addition will
maintain that setback. In addition, the proposed construction notes a total lot coverage of+/- 21
percent.
Therefore, the proposed addition is not permitted pursuant to Article XXVI Section 100-244, which
states that non-conforming lots, measuring less than 20,000 square feet in total size, require a
minimum single side yard setback of 10 feet and a total lot coverage of 20 percent.
T':,:i�.�tice of Disa• •royal was amended on Au•ust 8 2003 to correct an error in lot covera'e.
�,
1111
A 'o Signatufe-
CC:C: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Department.
.. FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: April 17, 2003
TO: Mark Schwartz A/C Forchelli
PO Box 933 d� --�
Cutchogue, NY 11935 RECEIVE s"
Please take notice that your application dated April 17, 2003 APR 1 8 20[-
For to construct additions and alterations to an existing single family dwellin ING BOARD OF APPcAI::
Location of property 405 Lake Drive, Southold, NY
County Tax Map No. 1000 - Section 80 Block 3 Lot 16
Is returned herewith and disapproved on the following grounds:
The proposed addition/alteration to a non-conforming single family dwelling, on a non-conforming
11,630 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-
242A which states~
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a non-conforming building containing a conforming use, provided that such
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
The existing single-family dwelling notes an existing single side yard setback of 5.3 feet. The proposed
construction will maintain that setback.
Therefore,the proposed addition is not permitted pursuant to Article XXVI Section 100-244,which
states that non-conforming lots, measuring less than 20,000 square feet in total size, require a
minimum single side yard setback of 10 feet.
diTotal lo .: - : •e, following the proposed construction, is +/- 18 percent.
1
Auth. .ze ignature
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the Southold Town Building Department.
}1 c;.).0-F►�rIN SC�~
tity.ct v MAP OF1- 1`
a �� ,I LA
'f $t.QVEYEi1 FOQ
• �. ! AGIA f 1 l `n�� tri I. 1 .! '. r \J... I i L ti..�� �.� I
r �� - 4;5, J223 4 jAT•
..L.Wr
r in fa this survey!va vloU km of TOWN
^It `` 1,-...A:
{ +r�/
ot1�9 • [!� ! T` Section 7208 o,the New Via*Mo. tCJ�`l N `:�O.L.! = 3-TOL_4J , N Y
`�S } r.Jwcation Low.
In
Ot • CC:-..spies of this survey mop not beartna
Me land surveyors toed seal oreinbossed seal sh411 not
Lpv1 LQh4G4•
�p,t... ` �� to be ae veld true oopy. wopngor�n w at- /'l 7--------
5S°4'
,1 Gw wdees tfdkaMd heron shall-,
,"��/p��r `:ii
�, S> O V Qtly to the person tor whom ME survey , Q. e'T 6 Vg4,�0 _\\-,
:; � - crewed,and on hls behalf to tho c C.)/64
j� �, , G\f
1 .4D,/ tempary,governmental ental agoccy ane ¢ ,.;.,,�� <
r..,..--
‘-)0� i - '.g lesti:Won listed hereon and w + _ !' * `
_ Va
tc a etzl;rtes at the landing in:tl- Z r ae', ID % Icn.Cuz ar.t:._s arc na transierabwe . 0 Off.
� 0 ! �l� dda.nsl G Lt.: ,rens or suGarVwnt `ptin�•L$2 6 Q1 rr
Q .P0 ' I\� ` y O LAND -',0.. s \,, .�,_-� i t .
fif.4 •In DESAPPROVAL ' ..% Et=MONO frtE NT
ci
Fizz rosE0 j/2 ru' . 1 \ o= Pi PE
1,1 t N0 5, f2 t=FCZ Th t ' OF RE•51..3801 V 1=ION ,
ONE
710 , , `! C? '�$LQ P OF 2EYDQN 514012ES``
c :• FILED ts111 e F. CO.CH.'S OFFICE A5 • 1`,
: �'�+� ) )MAPO, L215, - ,
s:,; 2� ,TALC MAP DATA: IO x - - -fc,
i titu.i. Heap t ,
dL�CiCFOP
.i 7 0 3 If rix NO.5'- - ,4575
r�� i •t r __ __ --- 4 ,iii 5U VE 'D-OCT. 7
a� i' ; `` -- - t i/' MAP AMENDED-1 EC.21�1 Re _
- 1 I/ 6 '_''
' i 0 G.0 TEED 10
r AI4 E. .-kuv A... , V► �` ' j� FIRST.`�Nt I iCAtdTITLE i t�5U! NCE WMPAi�1Y
_ - \\ �......_.....�....�.,...\ QC'LANP .19URVEVOtn - 0 am£= tP'f.1 tl►, 1,iy,
BUILDING 1 LIZMIT APPLICATION CHECKLIST
TOWN OF SOUTHOLD
BUILDING DEPARTMENT Do you have or need the following,before applying?
TOWN HALL
SOUTHOLD,NY 11971 Board of Health
TEL: (631) 765-1802 3 sets of Building Plans
FAX: (631) 765-9502 urvey Planning Board approval
Survey
www. northfork.net/Southold/ PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Examined 20 Trustees
Contact:
Approved 20
Mail to./ 4, ( ✓Cf�Gt/�4 ._--
Disapproved a/c l / pogox 933 efric6 a
Phone: - "
Expiration 20 �`3� �(� `p-�tap,
tli,
Buil.• g Inspector
DISAPPROVAL
;-CNK i 7 2003 APPLICATION FOR BUILDING PERMIT
•
Date , 20
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale.Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize, in writing, the extension of the permit for an
addition 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 in building for necessary inspections.
�i// it a
(Signature of applicant or ame, if a corporation)
(Mailing addres of applicant)
State whether applicant is owner, lessee, agent, archite engineer, general contractor, electrician, plumber or builder
Name of owner of premises L PP __ 02C
(As on the
If applicant is a corporation, signature of duly authorized officer roll or latest deed)
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
_405 LALE. P: v Ov7_ iL
House Number Street
Hamlet
County Tax Map No. 1000 Section 8 D Block 03 /(0
Subdivision lot
Filed Map No. Lot
(Name)
2. State existing use and occupancy or premises and intended use and occup i of proposed construction:
a. Existing use and occupancy S7'O La ( 4- '
b. Intended use and occupancy S471/.g
3. Nature of work(check which applicable): New Building Addition K Alteration pc
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. _
S u�2 vE y
7. Dimensi of e cisting structures, if any: Front' Rear Depth
Height V Uhl Number of Stories
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front Rear Depth
Height Number of Stories
9. Size of lot: Front Rear Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated g 4-0
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
13. Will lot be re-graded? YES NO)(Will excess fill be removed from premises? YES)(NO
14. Names of Owner ofremises Address Phone No.
Name of Architect .(1,44c �h4/4t p Address "0 00X 933 Phone No 7.� 4- 11/
Name of Contractor Address c vj"Gf f n .4.0— Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO
* IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES X NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey,to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF )
j24k SiMA.141Z_,72.__ being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the ,'LG f�l
(Contract A en orporate 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.Sworntoforemethis 20 f // f
_
otary Public Signature o A plicant
LYNDA M.BOHN
NOTARY PUBLIC,State of New York
No.01B06020932 ffolk ty
Qualified eS Marchr8.20
Termerm Expires
p.
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971
Tel:(631)765-4330
Fax: (631)765-4643
November 20 , 2003
VIA HAND DELIVERED
Board of Appeals
Town of Southold
P.O. Box 1179
Southold, NY 11971
RE: Jeffrey Forchelli
Premises : 405 Lake Drive, Southold, NY
SCTM: 1000-080 . 00-03 . 00-016 . 000
Dear Sir/Madam:
Enclosed please find four (4) signed Return Receipt cards
for the above referenced matter.
Very truly yours,
7
Patricia C. Moore
PCM/mm
Enclosures
y.. 1
.
-n ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
AFFIDAVIT
Jeffrey Forchelli OF SIGN
• (Name of Applicant) POSTING
. Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 80 - 3 - 16
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Patricia C. Moore residing at 370 Terry Lane,
Southold , New York, being duly sworn, depose and say that:
On the 10th day of Novembei 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 i lace for seven days
prior to the date of the subject hearing date, w lc ear' ate was shown to be
November 20, 2003. _.
(-' " (Signature)
Patricia C. Moore
Sworn to before me this
10th day of November, 2003 .
/)ccie ut M° ' ux�ti
(Notary Public) MELISSA McGOWAN
Notary Public,State of New York
No.4995913
Qualified in Suffolk County
*near the entrance or driveway entrance or my prope , s the area most visible
to passersby.
•i .
Nolaaila14.1M11111:101412
Dom( Mail Onl •No Insurance Covera.e Provide.
m
rs-
m
, )
•
7 Postage $ • 3
a- Certified Fee 4.3qcov 0 " q03
ostmark /
ru Return Receipt FeeHere I
p (Endorsement Required) 1 ,7S
Restricted Delivery Fee
(Endorsement Required)
Total Postage&Fees $ L . i4 2—
Ls) Forchelli
ru Sent To
Mr. and Mrs. Gus L. Mueller
Street,Apt.No., 39D Lake Drive
CI or PO Box No. Reydon Shores
r, City State,ZIP+4
Southold, NY 11971
Miliniilmmaniiismmisms Astsammzesommemnb...
1u 1I.11 .
Nyia11114•lMMIltaXi1=112
Dorn Mail Onl •No Insurance Covera.e Provided
a
La 7111111.11111111...M111111111
m31
O Postage $ c 2 K.
-O 0./...,,,,,,,„;.;
IT" Certified Fee '"�'
���� ,----Th
F,4t-
I"
fJ Return Receipt Fee ) t��`� NO Here
O (Endorsement Required) 1 J i O
Restricted Delivery Fee 003
0 (Endorsement Required)
4
Total Postage&Fees $ �. i n. -- -"°--'t .
o� \
,_,.t ro
F°IrvW i
ru Sent To Reydon Shores Pro. - . .
•'q Street,Apt.No.,
O or PO Box No. P.O. Box 1693
Oru. City,State,ZIP+4
Southold, NY 11971
T • uAILR • 1
Dom Mail Onl ;No Insurance Covera•e Provided
ru
co
Postage $ 1 37
ti
a- Certified Fee Cl, C3
Lrk
ReturnReceipt Fee
(Endorsement Required) S
o Restricted Delivery Fee
O (Endorsement Required)
Oq Total Postage&Fees $ LI. vJ
`
Ln `Fzs helli
pj Sent To
Jean M. Rotert
rl Street,Apt.Na,
0 or PO Box No. 231 Canterbury Drive
0
City,State,ZIP+4
Ramsey, NJ 07446
. JY.1)0 ..u,u.uv '0 ,,i r- iay.,r:,• rn m:I®Lm�
Dom Mail Onl •No Insurance Covera.e Provi.e•
tr) 71101111111111111.1100111.1117
-0 +
•i
m
Postage $ , 37i
.D J �1 `
t7' Certified Fee .2.3d too V
Postmark ,
(1J Return Receipt Fee Here '
p (Endorsement Required) �
Restricted Delivery Fee
(Endorsement Required)
q 4
/
Total Postage&Fees $ 'y 2-
u, Forchelli
ru Sent To Frederick Francis Rapp
Street,Apt.No.,
C3 or PO Box No. 7499 Birdland Crescent
IO City,State,ZIP+4
Spring Hill, FL 34607
•
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
x
In the Matter of the Application of
AFFIDAVIT
Jeffrey Forchelli OF
(Name of Applicants) MAILINGS
• CTM Parcel #1000- 80 - 3 - 16
x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Melissa McGowan residing at 555 Marlene Lane,
{ Mattituck , New York, being duly sworn, depose and say that:
On the loth day of November , 2003, I personally mailed at the
United States Post Office in Southold , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the official records on file with the (x) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the applicant's property.
•
J `. L Ludo MejiOtr[
(Signature)
Melissa McGowan
•
Sworn to before me this
10 day of November , 2003
i •
MARGARET C. RUTKOWSKI
(Notary Public) Notary Public,State of New York
No. 4982528
Qualified In Suffolk County
Commission Expires June 3,.tre:21.
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.
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971
• Tel: (631) 765-4330
Fax: (631) 765-4643
Margaret Rutkowski
Melissa McGowan
Secretaries
November 10, 2003
BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Neighbors
Re : Jeffrey Forchelli
405 Lake Drive, Southold, NY
SCTM# 1000-080 . 00-03 . 00-016 . 000
Dear Neighbor:
I represent Jeffrey Forchelli with regard to his property
located at 405 Lake Drive, Southold, NY. He is seeking a
variance under Section 100-244 , based on the Building
Department' s April 17, 2003 Notice of Disapproval, amended August
4 , 2003 , for the proposed addition at less than 10 feet on a
single side yard and with total lot coverage in excess of the
code limitation of 20% . Enclosed is the Notice of Hearing and a
survey.
The hearing on this matter has been scheduled for Thursday,
November 20 , 2003 at 1 :40 pm at Southold Town Hall .
If you have any questions, or you wish to support this
application, please do not hesitate to contact me .
Very tru)2y yours,
ltricia C. Moore
PCM/mm
Enclosures
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold,New York 11971
Tel:(631)765-4330
Fax: (631)765-4643
November 10 , 2003
Zoning Board of Appeals
Town of Southold
P.O. Box 1179
Southold, NY 11971
RE: Jeffrey Forchelli
Premises : 405 Lake Drive, Southold, NY
SCTM: 1000-080 . 00-03 . 00-016 . 000
Dear Sir or Madam:
Enclosed please find the Affidavit of Mailing, four (4)
Certified Mail Receipts and the Affidavit of Posting for the
above referenced matter.
I will forward the signed Return Receipt Cards to you upon
my receipt of same.
Very truly yours,
Patricia C. Moore
By: Melissa McGowan, Secretary
/mm
Enclosures
BOARD OF APPEALS
Southold Town Hall
P.O. Box 1179, 53095 Main Road
Southold, NY 11971
-Lc1111111111111 MEM, 5�((�
P6-4- NOV
TO: Si a0M MN 1111
�P
o
_ k I •I17PLETE THIS SECTION -.rip! r-T THIS 'iinr )r' -) I9'
■ Complete items1,2,and 3.Also complete lir A. S 7 w
item 4 if Restricted Delivery is desired. - ....4....../- 0 Agent
INPrint your name and address on the reverse X 1400 Addressee
so that we can return the card to you. B. Ived by(• .Name) J C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. 7/1I7-6v5-
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If Y -• •:livery address below 0 No
Jean M. Rotert SaSn
231 Canterbury Drive
Ramsey, NJ 07446
•POO
T1TiN
_�i \
Certified Mall 0 :,press Mall
,•` Registered ` -etum Receipt for Merchandise
i. ;,1..�.ii, r* A C.O.D.
4. -_-- .,--l.T.- 'ery?(Extra Fee) 0 Yes
2. Article Number
(Transfer from service label) 7001 2 510 0002 9603 4820
PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081
41. UNITED STATES POSTAL SERVICE First-Class Mail
411111 Postage&Fees Paid
N USPS
Permit No.G10
• Sender. Please print your name,address,and ZIP+4 in this box •
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Forchelli
1.3? t t 44 t 4 04 i„,ii,iilii,i„l,,,i,,,il,i„t,lt,,,,,tt,li,,,,i,iii,,,,,h,ll
`la►l,1 r xYxritrrld-tisrauugar gaits ismsioresarrllivarr
in Complete itemsl,2,and 3.Also complete J��
item iRestricted Delivery is desired. /(r 0 Agent
• Print your name and address on the reverse i 0 Addressee
so that we can return the card to you. • C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address diffe �• ? ❑Yes
1. Article Addressed to: if YES,enter delive A. No
��V lf.•\
Mr. and Mrs. Gus L. Mueller der +r+
390 Lake Drive 1 2283
Reydon Shores
Southold, NY 11971
3. Service Type j
DI Certified Mail
❑ Registered 0 Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article
(Transfer from srfromservice label) 7001 2510 0002 9603 4837
PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4081
UNITED STATES POSTAL SERVICE First-Class Mail
411111 Postage&Fees Paid
w USPS
Permit No.G-10
• Sender. Please print your name,address,and ZIP+4 in this box •
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Forchelli
• Complete esril,2,and Also complete 111, �'�� y'
item 4 if Restricted Delivery
desired.desired. / /:�<`" ;of cidti
II Print Print your name and address on the reverse s• / R' = '' ❑ .. <._
so that we can return the card to you. g ived Pti�(flame) C. Date of Delivery
• Attach this card to the back of the mailpiece, v(Z zie Zt�l11Q'lr 5 ?003
or on the front if space permits.
D. Is deliviry address different from item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: P,49.1" 1
Reydon Shores Property. ;'�'�r ��1
P.O. Box 1693 —
Southold, NY 11971
3. Service Type
®Certified Mall 0 Express Mall
❑ Registered 0 Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. miis from 7001 2510 0002 9603 4851
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-40e1
UNITED STATES POSTAL SERVICE I First-Class Mail
Postage&Fees Paid
I
11 ll 1
USPS
Permit No.G10
• Sender. Please print your name,address,and ZIP+4 in this box •
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Forchelli
_ I •I IPLETE THI E TI•N MINNI7IIMMIIIIMINNUM110121•1XU►I atm
■ Complete itemg 1,2,and 3.Also complete lip A.
item 4 if Restricted Delivery is desired. 0 Agent
■ Print your name and address on the reverse X 2,01 0 Addressee
so that we can return the card to you. B. Received. !l?.. Name C. I.te of Deliv=
• Attach this card to the back of the mailpiece, _ �1
or on the front if space permits. - 11\ A✓.
D. Is delivery address _di 1 c.m item 1? ❑Yes
1. Article Addressed to: if YES,enter delivery a.dr below: 0 No
Frederick Francis Rapp
7499 Birdland Crescent
Spring Hill, FL 34607
3. Service Type
®Certified Mail 0 Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑Insured Mall 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transfer from service label) 7001 2 510 0002 9603 6541
PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI.03P
UNITED STATES POSTAL SERVIC First-Class Mail
= �?1'��( t post •
P
8 Fees Paid
t Permit No.G-10
• Sender. Please print your name,address,and ZIP+4 in this box •
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Forchelli
OFFICE OF
ZONING BOARD OF APPEALS
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1809 fax (631) 765-9064
October 28, 2003
Re: Chapter 58— Public Notice for Thursday, November 20, 2003 Hearing(s)
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will
be published in the next issue of the Long Island Traveler-Watchman newspaper.
1) Between November 3rd and 10th: Please send the enclosed Legal Notice, CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, with both a letter including your telephone number and
contact person, and a copy of your map filed with this application which shows the new
construction area, to all owners of land (vacant or improved) surrounding yours, including land
across any street, railroad tracks or right-of-way that borders your property (please see revised
Town Ch. 58 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 November 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 November 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, when 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 November 18th, please file your Affidavit of Posting with our department to show proof
that the sign has been posted at least 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