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HomeMy WebLinkAbout5589 6 =v, • ROZAKIS, T&A(H. ROSENBLUM)5589 JD 5(1 — APPEAL BD LTR RE: LOT -- _____ S 445 DOGWOOD LN SHLD 54-5-29.1 R40 e9 00 g cr �i(lUo U/J©ro-�c . 42- qi , -,, , '') V66 —_, 1 -'4 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 Vincent Orlando Tel. (631) 765-1809 James Dinizio, Jr. Fax 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: Elizabeth Neville, Town Clerk FROM: Ruth D. Oliva, ZBA Chairwoman DATE: October 19, 2004 SUBJECT: Request for Refund of Filing Fee The application noted below is returned to the applicant's attorney due to lack of jurisdiction as submitted. A full refund is requested to be issued to Thomas Rozakis, 585 Dogwood Lane, Southold, NY 11971. ZBA File No. 5589 —T. Rozakis (D. Victoroff Property). Refund Recommended: $600 Thank you. Encls. cc: Accounting Department (w/ paid receipt dated 8/16/04) ``� V IIP 7)c. (11 ELIZABETH A.NEVILLE ® t Town Hall, 53095 Main Road TOWN CLERK d3 P.O.Box 1179 REGISTRAR OF VITAL STATISTICS ‘O .. $ Southold, New York 11971 MARRIAGE OFFICER A� ®�/ Fax-(631) 765-6145 RECORDS MANAGEMENT OFFICER '=•o®1 `{►����� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ''-.....�''� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 785 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 4,2004: RESOLVED that the Town Board of the Town of Southold hereby authorizes a full refund of $600.00 to Thomas Rozakis, as his application to the Zoning Board of Appeals is out of their jurisdiction. Elizabeth A. Neville Southold Town Clerk NOV 8 2004 I0#1 OFFO�,� =; ' APPEALS BOARD MEMBERS �� p�® e® Southold Town Hall Ruth D. Oliva, Chairwoman Citis_ - *A: 53095 Main Road Gerard P. Goehringery z P.O. Box 1179 %Lydia A. Tortora0 Prt � Southold,NY 11971-0959 Vincent Orlando ?' pl-,i Tel. (631) 765-1809 James Dinizio,Jr. �1fig *-00° Fax(631)765-9064 ,,,, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD October 19, 2004 Helen J. Rosenblum, Esq. 1287 East Main Street Riverhead, NY 11901 Re: Appeal Request (by Rozakis) —Victoroff Premises Dear Mrs. Rosenblum: As a follow-up to our secretary's conversation with you last month, this will confirm that in review of the above submission, the request to appeal agency correspondence during that proceeding is not accepted as a basis of jurisdiction. As you know, the Board of Appeals issued a written determination, filed August 27, 2004 with the Town Clerk concerning this property. Your documentation is hereby returned, with a full refund of the filing fee, as submitted, returned under separate cover. Thank you. Sincerely yours, Ruth D. Oliva Chairwoman, Ends. r • r APPLICATIO 0 \ OUTHOLD TOWN BOARD OF APPEALS For Office Use Only q j� Fee:$ Filed By: Date Assigned/Assignment No. \ 'v Office Notes: ROZAKIS,T&A(H. ROSENBLUM)5589 JD APPEAL BD LTR RE: LOT 445 DOGWOOD LN SHLD 54-5-29.1 R40 Parcel Location: ase No.4-15 Street 131)9000d (-0--0C- Hamlet SNAThold SCTM 1000 Section 91 Block 5 Lot(s)19,(1.55 Lot SizA` I8 59aZone District• I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: rItu le. I(9 c a0O Applicantfewne {s):Thonflas + {inn fh k Meat Lit Wo....aUinf . Mailing ,I ���,r Address: l 2�Ci QI �►� StreetjJ I� l vcr. ►R.r✓0a, N) [Igo' Telephone: (0-31 — +Z,— 10 I 0 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. ' Authorized L�� ^ _ Representative: I kioi T 20 ' 1 . _ Address: L2aEast I V a Str i- 2-i vu- /i-a , Q•Lf. L lq!0 Telephone: 1 0( p 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: p - • ❑Building Permit 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy • D Change of Use 0 Permit for As-Built Construction Other: ►a 1._'i I XL i. r M _ t ' 412' . . 1 ti' K 41 AV +(nad- (Of i$ I•arllt C :Wed • Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- 2.1.! Subsection Type of Appeal. An Appeal is made for: ❑A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. --41]Interpretation of the Town Code,Article Section t 0012.V rs Reve sal r Other, [Peet 4;i1-0011 '� ' 3 loi• iSnlr� meq L.4zY �Lt�l� I A prior appeal❑has❑has not been made with respect to this property UNDER Appeal No.533'4 Year 3.n03 . 01/41---. - , kJ v aA MiCe tiLVIAVY Pe u Peitr\) u\ t,' i1FFOL4 • Town Hall,53095 1vTain Ron? CP,.. • •• �+` 1 Fax 631 765-9502 T?.[i BOX 1179 _T•if '6:1 ��'r� Telephone(6311 765-1802 Southold,New York 11971-0959 ''� BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: The Southold Town Zoning Board of Appeals FROM: Damon Rallis,l' .. r N$ + + e Michael Verity,Chef 'sp' t JUN 2 3 2004 DATE: June 16,20042 REGARDING YOUR RE C.." t BOARD OF APPEALS Project- Victoroff Location: 445 Dogwood Lanee.Southold,NY SCTM4100--Section 54•Block 5 -Lot 29.1 &55 We have reviewed the letter,dated May 25, 2004, from Helen J. Rosenblum,regarding the legality of this merged lot. The building department,upon its review,determined the property to be a legally created lot. As with any application for a new dwelling, our review process includes a determination as to whether or not a lot is legally recognized and or merged. Since it was not on the Notice of Disapproval issued to the applicant,it need not be addressed. } t J HELEN J. ROSENBLUM ATTORNEY AND COUNSELOR AT LAW 1287 EAST MAIN STREET RIVERHEAD, NEW YORK 11901 (516) 727-1010 FACSIMILE- (516) 727-5524 54655 MAIN ROAD SOUTHOLD. NEW YORK 11971 (516)765-5252 FACSIMILE(516) 765-5969 • August 12, 2004 Hand Delivered Chairman Ruth Oliva and Members of the Southold Town Zoning Board of Appeals Southold Town Hall Southold,New York 11971 Re: Application of Debra Victoroff 445 Dogwood Lane Southold,New York SCTM 41000-54-5-29.1 & 55 Dear Chairman Oliva and Members of the Board: As you may remember, the undersigned represents Ann and Thomas Rozakis as well as other immediate neighbors to the above-referenced parcel. Enclosed please find an executed authorization allowing me to act as the Rozakis' agent in this matter. This parcel was recently granted a variance which has not yet been reduced to writing. It has been and remains the position of the Rozakis' and mine as well that this is not a legal building lot as it does not meet any of the criteria set forth in Section 100-24 of your Zoning Code. If it does not meet any of those criteria, it is not a legal building lot; if it does, it is. On June 16, 2004, your Building Department issued a written determination that the lot is legal; a copy is enclosed herein. Their position is absolutely unsupported by any reasoning or explanation as to how they arrived at that conclusion. The next step I must take is to request that you review their determination. Towards that end, I am enclosing seven(7) copies of an application for an interpretation together with a check in the amount of$600.00. 16, Chairman Oliva and Members of the ZBA Application of Victoroff Page Two August 12,2004 If this application requires additional information, I will be happy to supply it. I think,however, it is fairly straightforward and that you have all necessary surveys and so forth in your file. Enclosed is a copy of a single and separate search which I believe was run at the request of Ms. Victoroff at the time she purchased the property in 2002. Please advise when this matter will appear on your agenda so that I may present , what we consider to be the salient facts. Thank you very much. • Sin erely, • HELEN J. ROSENBLUM HJR: Enclosure cc: Mr. and Mrs. Thomas Rozakis Mr. James Fitzgerald Ms. Debra Victoroff TownP.O OfBox Southold4111 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/16/04 Receipt#: 2220 Transaction(s): Subtotal 1 Application Fees $600.00 Check#: 2220 Total Paid: $600.00 Name: ��20.kt c kc cA S c 5-Dogwood Lane Southold, NY 11971 Clerk ID: BONNIED Internal ID:99556 ::4'1:1.1711: 1 .7-F:•J Iii_ �Townn,o Soufili.oid-i.BA1,. ,/., i t`( App. Name, O Tax,Map- --',0 File No. + -C7 II sEQi._ r Board Membirrr James Diniz'') ' - , ,,, io% u. d I - 'El Uh iste i �4.: i :Search: I i� Hearing-Time: 112:)0:)0PN ,. .i Other ':1 � i �,-. File Number:15589 1., Tax Map`j54.-5-29.1 i I App. ,Name: ROZAKIS,THOMAS &ANN ___ I Received,,Date: 8/13/x4 Tot. Fees: 0.t�O 1 . „:2,--7, ._.. . :._-J- e• `l � -71 Date:forwarded to Town.Clerk.," 8 13 04° i •Hamlet Southold Type: Residential Zone: R-40 li Status:',[Incomplete FAction: Other I - ° °Meet'ng Dates : Building Dept. i Location: 445 DOGWOOD LANE I Meeting Date3_ND Date 11 -II B _ ,Hearing,gate 1. ' ND`Date°2 i Short- APPEAL JUNE 16, 2004 LETTER FROM BUILDING __ , � Desc.:, r - i. - DEPT; also see ZBA decision 7/1/04 under #5334. Hearing Date 2 i,ND bate 3l ,Copy i :. I ° . ri e i Hea �ng.Date 3 - � ND Dat 4 i�; . . I.i -Hearing pate 4` NI Date 5 i 1, ., $600 fee returned by TC Nov 2004; Lack of ; L , I''Notes. , 'urisdiction, i } Hearing:pate 5 ND Date 6 - ' . i Action Date: - , .ND Date 717-77, ® f r 10/19/04 .1[11 1,Ari CAPS NUM° i - ped=Develo 'by the Southold Town Data Processing Department) , t r r= OFFICIAL USE ONLY -"-ROZAKIS, T&A(H. ROSENBLUM)5589 JD APPEAL BD LTR RE: LOT I 445 DOGWOOD LN SHLD 54-5-29.1 R40 LABEL (4) —— — CTY TAX MAP (8) NEIGHBORS CIRCLED (RED) AND TAX#'S WRITTEN ASSESSORS CARD (7) PULL NOD FROM BD — 1 ON FLDR RT SIDE RESEARCH PRIORS (6) INDEX CARD— MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR SOIL & WATER LTR: PARCELS ON LI SOUND— Mail ASAP PB MEMO: GET COMMENTS FROM CHAIRPERSON (COMMERCIAL / SUBDIVISION / LOT LINE /SCENIC BYWAY) INSPECTION PACKET SIGN (S) MAILINGS: CVR LTR, SIGN, AFFS SIGN PSTG & MLG, LN COUNTY PLANNING LTR UPDATED: NEW INFORMATION: OAL-7 C-,Y11/211-1-41.1-t 11 16_6, - no "414.,Z to/ ,F - +.4 — roll ."4 � % zafr 0„_R_. jeAr: i: 4110- 1 OFF/Q. 4110 APPFUA�i S RDARD MEMBERS ���p\ O`; Southold Town Hall Ruth D. Oliva, Chairwoman ���_� Gyp% 53095 Main Road Gerard P. Goehringer % y P.O. Box 1179 Lydia A.Tortora0 Southold,NY 11971-0959 Vincent Orlando • ".1'%' ;_' f4 *„.0 Fax Tel. (631) 765.1809 James Dinizio,Jr. : * * ` . Fax(631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS . TOWN OF SOUTHOLD October 19, 2004 Helen J. Rosenblum, Esq. 1287 East Main Street Riverhead, NY 11901 Re: Appeal Request (by Rozakis)—Victoroff Premises Dear Mrs. Rosenblum: As a follow-up to our secretary's conversation with you last month, this will , confirm that in- review of the above submission, the• request to appeal agency correspondence during that proceeding is not accepted as a basis of jurisdiction. As you know, the Board of Appeals issued a written determination, filed August 27, 2004 with the Town Clerk concerning this property. Your documentation is hereby returned, with a full refund of the filing fee, as submitted,.returned under separate cover. Thank you. Sincerely yours, Ruth D. Oliva Chairwoman Encls. Town Of Southold P.OBox 1179 3 • Southold, NY 11971 * * * RECEIPT * * * Date: 08/16/04 Receipt#: 2220 Transaction(s): Subtotal 1 Application Fees $600.00 Check#: 2220 Total Paid: $600.00 Name: Victoraff, Duero 445 Dogwood Lane Southold, NY 11971 Clerk ID: BONNIED Internal ID:99556 • 67-43 Cooper Avenue Glendale, NY 11385 August 10, 2004 Zoning Board of Appeals Town of Southold Southold Town Hall Southold, NY 11971 To Whom It May Concern: Please consider this our authorization for Helen J. Rosenblum, Attorney at Law, to be our agent for all matters before the Southold Town Zoning Board of Appeals concerning the Application of Debra Victoroff concerning premises located at 445 Dogwood Lane, Southold, New York, SCTM# 1000-54-5-29.1 & 55. Thank you very much. Yours truly, Tho as A. '.sz. Ann Rozaki ',,F• el OfF014'41% ELIZABETH A.NEVILLE ® ; Town Hall, 53095 Main Road TOWN CLERK P.O.Box 1179 rry REGISTRAR OF VITAL STATIST_ICS � Southold, New York 11971 MARRIAGE OFFICER 4 ®� ° Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER ®� �►�, i� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER .�,,..•• southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: August 19, 2004 RE: Zoning Appeal No. 5589 Transmitted herewith is Zoning Appeals No. 5589 - Ann and Thomas Rozakis -Zoning Board of Appeals application for variance. Also included is letter from Helen Rosenblum dated August 12, 2004 authorizing her to act on behalf of Ann and Thomas Rozakis re: application of Debra Victoroff(two pages); Memo from Building Department dated June 16, 2004; application to the Zoning Board of Appeals (two pages); copy of single and separate search stamped July 29, 2003 (seven pages) and letter authorizing Helen Rosenblum to act on behalf of Thomas and Ann Rozakis. R \ { HELEN J. ROSENBLUM ATTORNEY AND COUNSELOR AT LAW 1287 EAST MAIN STREET RIVERHEAD, NEW YORK 11901 (516) 727-1010 FACSIMILE: (516) 727-5524 54655 MAIN ROAD SOUTHOLD, NEW YORK 11971 (516)765-5252 FACSIMILE(546)765-5969 - --- " • AUG 1 3 2004 ZONING BOARD OF APPEALS • August 12, 2004 Hand Delivered Chairman Ruth Oliva and Members of the Southold Town Zoning Board of Appeals Southold Town Hall Southold,New York 11971 Re: Application of Debra Victoroff 445 Dogwood Lane Southold,New York SCTM#1000-54-5-29.1 & 55 Dear Chairman Oliva and Members of the Board: As you may remember, the undersigned represents Ann and Thomas Rozakis as well as other immediate neighbors to the above-referenced parcel. Enclosed please find an executed authorization allowing me to act as the Rozakis' agent in this matter. This parcel was recently granted a variance which has not yet been reduced to writing. It has been and remains the position of the Rozakis' and mine as well that this is not a legal building lot as it does not meet any of the criteria set forth in Section 100-24 of your Zoning Code. If it does not meet any of those criteria, it is not a legal building lot; if it does, it is. On June 16, 2004, your Building Department issued a written determination that the lot is legal; a copy is enclosed herein. Their position is absolutely unsupported by any reasoning or explanation as to how they arrived at that conclusion. The next step I must take is to request that you review their determination. Towards that end, I am enclosing seven(7) copies of an application for an interpretation together with a check in the amount of$600.00. Itt Chairman Oliva and Members of the ZBA Application of Victoroff Page Two August 12, 2004 If this application requires additional information, I will be happy to supply it. I think, however, it is fairly straightforward and that you have all necessary surveys and so forth in your file. Enclosed is a copy of a single and separate search which I believe was run at the request of Ms. Victoroff at the time she purchased the property in 2002. Please advise when this matter will appear on your agenda so that I may present what we consider to be the salient facts. Thank you very much. Sincerely, Jd, A 3 i HELEN J. ROSENBLUM HJR: Enclosure cc: Mr. and Mrs. Thomas Rozakis Mr. James Fitzgerald Ms. Debra Victoroff