The URL can be used to link to this page

Home My WebLink About5618 STEELE T (A WICKHAM) 83-2-10.16 5618GG ADDNS/NEW CONSTRUC/AS BL T SHED - HEIGHT & LOC 13795 OREGON RD CUT AC ,;1# 3/09/06:. - /) w(I9/../ K * 1S'3 .;l m-TO~-. ( +IDd8) APPpALS BOARD MEMBERS Ruth D. dliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 . Mailin~ Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED dO~ ~~~qCl.fY). ~..~?t-:", Sou, old Town Cled FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 9, 2006 ZB File No. 5618 - TIMOTHY STEELE Property Location: 13795 Oregon Road, Cutchogue CTM83-2-10.16and 10.18 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant has submitted a survey prepared December 12, 1995, amended April 14, 2004 by John T. Metzger, L.S. of the entire 16.77 acre parcel, including the location of their single-family, two-story home, accessory garage and swimming pool. Also shown is an (as-built) accessory storage structure and proposed barn, proposed addition to the garage, and proposed storage structure (container). The applicant has also submitted a second survey map, prepared June 26, 2002, amended July 28, 2005 by John T. Metzger, L.S. concerning 2.93 acreage, apart from the remaining acreage (farmland with Suffolk County Development Right Restrictions). BASIS OF APPLICATION: Building Department's April 23, 2003 Notice of Disapproval, amended May 20, 2004 and January 28,2005 citing Sections 100-31A(2-c) concerning a barn (building #1) proposed at 38 feet from the rear yard line instead of the code-required 75 feet. Also cited is the accessory nonconforming garage (building #2) placed in a side and front yard location, and then a proposed 16 ft. extension to the as-built garage in a side yard. (The building permit in 1996 under # 23399-Z allowed an accessory garage based on a request to built only in a rear yard location.). The third and fourth buildings are for storage in a front yard location. All construction was requested in a yard other than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on March 31, 2005, June 2, 2005, and January 26, 2006, 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: The applicant is requesting variances concerning the following: as-built 25.4 by 35.8 ft. accessory garage, proposed 16' x 25' addition to the as-built accessory garage, 8' x 25' shed, 30' by 80' accessory barn building, and as-built location of an 8' x Page 2 - March 9, 2006 . ZB File No. 5618 - Timothy Steele eTM No. 83-1-10/16 and 10.18 . 22.3' accessory shed, as shown on the survey prepared December 12, 1995, amended April 14, 2004 by John T. Metzger, L.S. ADDITIONAL INFORMATION AND AMENDMENT: During the public hearings, numerous discussions were held regarding the applicant's nonconforming locations of the storage container structures and proposed 8' by 25' shed, as well as the proposed garage extension. Adjacent landowner(s) representatives also spoke with concerns and objections to the requested variances (please see hearing transcripts for detailed statements of verbatim testimony). APPLICANT'S AMENDED SURVEY SITE MAP: On August 1, 2005, the applicant submitted an amended survey site map, dated June 26, 2002, amended July 28, 2005, by Peconic Surveyors, P.C. correcting the property boundary lines adjacent to the right-of-way, and relocating the 8' x 25' accessory shed to the eastern yard area at the rear of the dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of relief will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property contains buildings, of which only two (dwelling and swimming pool) were issued certificates of occupancy on this 2.93 acres of residential property. The applicant's residential property borders a separate, adjacent private road which provides access to neighboring dwellings under construction near the Long Island Sound. The applicant requests a variance for the as-built 8 ft. by 22.3 ft. storage container structure in a front yard. Also proposed is an accessory 30 ft. by 80 ft. barn, 28 feet to the top of the ridge (midline at 22 feet), in a location at least 38 feet from the eastern lot line and 90 feet from the northern lot line adjacent to the 50-ft. wide right-of-way as modified to be in a rear yard location. A new accessory 8 ft. by 25 ft. storage shed is also proposed, and applicant has modified the request for this shed in a permitted rear yard location at a minimum of 52 feet from the eastern lot line (instead of the original request near the right-of-way at the northern boundary line). The 16 ft. by 25 ft. addition is proposed on the westerly side of the existing accessory garage which is a front yard and proposed to be only 20 feet from a 50-ft. wide right-of-way. No buildings or structures are permitted to be located in a front yard area, as confirmed in the Building Inspector's Notices of Disapproval because they are required to be in a rear yard. The rear yard is a large area available for placement of accessory buildings as an alternative to the applicant's requests. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's alternatives are: (a) to propose an addition to a garage in a conforming rear yard location, or to locate an accessory garage building in a conforming rear yard location, rather than a front yard, (b) to locate the accessory barn and other accessory structures in the rear yard which is open area. The rear yard consists of over a half acre of available land area for alternative locations of accessory buildings. 3. The variances requested are substantial. The buildings are proposed in non-permitted yard areas. 4. The difficulty has been self-created. The garage as exists, the addition as proposed to the garage, and the metal storage container were built without written town approval. , . Page 3 - March 9, 2006 . ZB File N9, 5618 - Timothy Steele eTM No, .93-1-10/16 and 10,18 . 5, Evidence has been submitted to suggest that the requested variances in this residential community will have an adverse impact visually on the physical or environmental conditions in the neighborhood, 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 Chairwoman Oliva, seconded by Member Simon, and duly carried, to DENY the relief requested with respect to the addition to the garage and accessory container and shed(s), as applied, and to GRANT a variance with respect to the accessory barn, as shown on the survey amended July 28, 2005 by Peconic Surveyors, P,C, and shown on the elevation and length/width diagram prepared by The Tandy Farm revised 1/15/05, and to GRANT relief for the as-built location shown on the survey amended July 28, 2005 by Peconic Surveyors, P,C, of the 25.4 ft, by 35,8 ft, accessory garage (without extension), shown on the 9-26-03 diagram prepared by The Tandy Farm except that the setbacks shall remain as-built at a minimum of 20 feet from the northerly front yard lot line at its closest pOint and 25 feet from the northerly front yard lot line at the opposite corner, subject to the following Condition: That a length of screening be planted and maintained for a minimum of 42 linear feet on the north side of the existing garage, Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code, 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, Simon, and Weisman, Member Dinizio was absent. This Res io~as dut;rdopted (:-0), Ruth D, Oliva, Chairwoman /06 Approved for Filing av STEELE T (A WICKHAM) 83-2-10.16 5618GG ADDNS/NEW CONSTRUC/AS BL T SHED - HEIGHT & LOC 13795 OREGON RD CUT AC -1# ~/o9/ot:, - /) w(I1A/ I<... If; <i?3 ~ . --.--... ....- -.----rr-- 10, \0 ( +tfJd8) APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . Mailing Address: Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809' Fax (631) 765-9064 October 3, 2006 !2:LReaular Mail and Fax Transmission 298-8565 Abigail A. Wickham, Esq. Wickham Bressler Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: File No. 5618 - Variance Requests (Steele Property) Dear Ms. Wickham: Enclosed please find a copy of the determination rendered by the Zoning Board of Appeals. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Before commencing construction activities, other agency approval(s) would be necessary. You may want to furnish a supplemental copy of the enclosed at the time of submitting additional documentation requested of the Building Department. I have also furnished a copy of the enclosed to the Building Department for their records. Thank you. Very truly yours, Linda Kowalski End. . .. --~., ,............ ..............................l., 1~ W-'..L r 0",) :J.J",c. P.l FORM NO.3 NOTICE OF DlSAPPRQV AL TO: Gail Wickham Ale Timothy Steele 13015 MainRo8.d Mattituck, NY J 1952 . DATE!: , RENEWED-&-AMEND : May 20, 2004 RENEWED & AMEN D: January 28, 2005 / /--' Please take Ilotice that YOur application dated January 16, 2003 Location ofproperty 13795 Orel/:On Road. Cutchollue, NY County Tax Map No. 1 000 - Section 83 Block 2 Lot JO.16 Is returned herewith and disapproved on the following grounds: "No blllld! b;lnciDal rear yard setbac{( is 75 feet. l; ~ "". ~ The "as built" storalle container (noted as buildin" #4) is noted as beiD" in the side vard, buildin side ] addi 'on. the sed addition to the existin acces_o ht'" "e I n fed as b~lildi oermitted Oursuant to Article XXN. Section lOO-242A. w 'ch states. ...Jr"111..=l.J. ILl...) 1LI1....;:)rrl.1 .::JVUlnVLU tjU1LU.lI"l!..:, b,:jl (0::> ~::>l1c P.2 , ~, The mo yard, c.uon will xtend the accesso This permit was amended on May 20, 2004, to clarify Issues, and on January 28, 2005, to address changes to the application made by the applicant. Total lot Coveralle will be +/. 19 percent. .' ,,_ .., ," - '" "'-,.. ,,,(..~~N' . , : , : f I\, r f ~ ."'. .~.I .,/ ,,' , , ,.;;;:; " . "'. ' ~'AllthOriZ!d Si~tUf{- " '\ i , / . '. -,~,...",--""" Note to Applicant: Ally cbange or deviation to the above referenced application may require additional. review from the SOllthold TOWill Bllilding Department. cc: file, Z.B.A. r fII . FORM NO.3 \~, ~ ~S~O~ TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, NY t6 t.Q l ~ GG- TO: ~~ DATE: April 23, 2003 fY.^ vi n< RENEWED & AMENDED: May 20, 2004 .p 1\1-0 I ., STEELE T (A WICKHAtvt)~ ~2-10.16 5618GG ADDNS/NEW CONSTR~ BL T SHED - HEIGHT & LaC 13795 OREG RD CUT AC Please take notice that your application dated January 16, 2003 NOTICE OF DISAPPROVAL Gail Wickham NC Timothy Steele 13015 Main Road Mattituck, NY 11952 For permit for additions to a nonconforming accessory garage, an "as built" accessory shed, construction of an accessory shed and construction of an accessory garage at Location of property: 13795 Oregon Road, Cutchogue, NY County Tax Map No.1 000 - Section 83 Block 2. Lot 10.16 Is returned herewith and disapproyed on the following grounds: The proposed construction is not pursuant to Article III Section 100-33, which states: "]n the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R -400 Districts, accessory buildings and structures of other accessory uses shall be located in the required rear yard, subiect to the following requirements. A. Such buildings shall not exceed 18 feet in height." The proposed accessory bam (noted as building #1) exceeds 18 feet in height and is located partially in the front yard. Although the existing nonconforming accessory garage (noted as building #2) was issued a permit in 1996 (BP#23399Z), the garage was placed in the side yard, instead of the approyed rear yard. The "as built" storage container (noted as building #4) is noted as being in the side yard. The proposed storage container (noted as building #3) is noted as being partiallY in the front and side yards. In addition, the proposed addition to the existing garage (noted as building #2), is not permitted pursuant to Article XXIV, Section 100-242A. which states, "Nothing in this Article shall be deemed to preyent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, proyided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." ", . The proposed construction will extend the accessory garage from the side yard partially into the front yard. ended on May 20, 2004, to clarify issues. e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. cc: file, ZB.A. 6-- f --''--- ~ (; -t~.;f,J r-c ) 3/. ,. ~:3/31 .nJ f~~6~t~hG-. ERIC 1. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.c. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEWYORK 11952 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 63 I -298.8353 TELEFAX NO. 631-298-8565 wwblaw@aoLcom ~of ~b0r I pr>tJ March 22, 2005 +- 45 tJi; Town of South old Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 631-249.9480 TELEFAX NO. 631-249-9484 Re: Timothy Steele 13795 Oregon Road, Cutchogue, NY SCTM# 1000-83-2-10.16 & 10.18 Dear Linda: Regarding your inquiry on the Steele right of way, there is a 16 ft. utility easement along the east side ofthe property. There is no vehicular access over this easement to any property. There was a 50 ft. right of way along the North side of the property. A triangular strip that included that right of way was purchased by Mr. Corso, and the Planning Board authorized iftrelease. This was originally one of the 50 ft. East - West right of ways that the Planning Board was imposing on subdivisions in that area. There is a right of way within that strip, over the land now owned by Corso, which benefits the Modlin property. Steele has no access over this property to the North now owned by Corso, so it is not a front yard. Thank you. 001;. -1-1" RoW Is, Very truly yours, . _./L41!:L:JL Abi{ail A. Wickham .. 30/shdzbasteel AAW/cs SCDHS Ref. # R1O-9tf...OO7 , ~ '" ~ /)?~ <~~~ "-~,OO~-1.- ~ t"~~ ~ 0 ~ c1',~ ,eo"" /(p JCJO j lot:.P-' I j Wl!c/,,/,<-(\c>yJr I/'~ " "'l9_ ~ ~6i1,06' '6'"" ~:t;- ___ ___>--- I ~ -f:> ~ O~ aO~ ~ Q\~, ~<C' " c"o, ~~ ~O' " c ~ ct ~ Q\ :;' ) tN~/I ~o ~ ~ 90>. -5'..".. 00. ~ <;?~--. ," ~ ~;~~' / "'", \S' >< ..<....... ~~/ \S' .10.16 y02 0.8 nO ,';1 Iv r-0 , rl, Q' ,265.00' ':. \-..--- fi' 1 B- ~I' / /-- ..-..-' ( ,;.~ .~, .... " ,~... ~ ;.pO ~C' ....., ~ ~ q, ~ "<--, ~ x Q.;. -9-f:> ct O~ ~ " " " iJ-} \ {JY (' 'E <f: 6'25, . ~ (')'5, " ~>...,l >. 00 "- ~. . 0.0.. S. 79' -1( ~ ~ ~ '. "\. -, OJ'J5' E'. 9c9~ ';~~. " 9i:i,~~ O.~ ~, ,~ ~%>~. 'b. t'" 9--.....~ '>. " j , ~''? ", ----------.,- SURVEY FOR TIMOTHY T. STEELE & JEANNE E. STEELE A T OREGON TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y 7000 - 83 - 02 -10.16 &,70.18 Scale: 1" = 100' !JO /00 200 ~ o~ ~ '", oA: c q qt'~ "J;.- ~ ~~ ~-1tl ~:~)- ~ -9.;5 0 :.e-a o~ ~ 0 / ~- ".".~ ~ ")- ;:-/~ ~~~ ' /".~ <)~ ~ '~J-, ~~O~ ~~ ~~ ". ~uJ \ ~'~h. ~-f:>)- L-'T' It'tJ~ ~~ CERTIFIED TO' tJ'I. '" l.: '<oS?...... FIRST PIONEER FARM CREDIT, ACA """P, COMMONWEAL TH LAND TITLE INSURANCE COMPANY RH 95 0187 ~_ TIMOTHY T. STEELE .... JEANNE E. STEELE COUNTY OF SUFFOLK - FARMLAND PRESERVA nON ..:>"'- C' o. C/t-- / /")- 00 r-, 0, "-'/', <:9:') .s' u, 0"" 0"" ...('. ';/ q. 0/ r'c> if' .-;.~ o?, --5-)- ?, if' ~ -<1 *- "t-<0 <:' U'?, ~ " 58,0 1= 16.7671 Acres o I 30C /> 6'. <:: Dec. 12, 1995 ,... 12, 79fHJ (fOl.Jfltation) SBpt. 18, 1996 (final) Nov. 271./996 foor locqlion} Dec. 17,20u2 (additions) . Dec. 22, 2003 {revI5Ion5)~S APRIL 14, 2004 (additions) 49618 ANY AL TERA TJ()N OR ADDITION TO THIS SURVEY IS A \NOLA TION OF ~r:;TlON 7209 OF THE NEW YORK STA TE EDUCA TION LAW, EXCEPt AS PER ~CTION 7209-SUB()lVISION 2. ALL CERTlFICA TlONS HEREON ARE VALD FOR THIS f<IAP AND COPIf:S THEREOF ONL Y IF SAD MAP OR COPIES BEAR THE: INFRES$ED SEAL OF THE SURVE:YOR WHO~ SIGNA TURE APPEARS HEREON. ADDlTIONALL Y TO COWL Y WITH SAID LAW THE: TERM .AL TERED BY. WST BE USED BY ANY AND ALL ,SURVE:YORS UTLIZING A copy OF ANOTHER SURVE:YOR'S MAi'. TE~.~ !!.I!L.:IN2f.EC,TP1' AND BUfLDING ZONE DISTRICT' R80 ~ FIRE DISTRICP 29 SCHOOL DISTRICT' 9 OWNER TfM(}THY T. tl JeANNE e. STEELE 7/5 DEEP HOLE DRiVE MA TTITUCK, N. Y. 11952 'Ey';(JR S, p, C, 5020 909 STREET NY I/q71 , , . . rfJ 1< (" p f(f'5 t ~ . TRANSMITTAL WITHOUT COVER LETTER '0 1 DEUVERED IZOO\.frO ZBA OFFICE , (~~Q Wl{l(~LU{~~ S'T~ OC1 2004 -* 5"'lu J f' /\!ev.[ f'6Y p~fU steJe( T\f'IJ'7 FROM: RE: ~ . . T!u" T4IU1y FarHfl 13795 Oregon Road Cutcnogue. New York 11935 Tel.: (631) 734-5169 Fax: (631) 734.5174 Timothy 1: St....I.. Lu.I.U-.6. ~r~ +" :\?...+.utt. ~~,:-' ~ (,9o.<L L.. 1l \-i~kt- I:;;' It; " )~\~ .., 1.111 U,' 1/" -* 35'~~ ,. """ (~ K:- - I ~ 1 f' .9\~{, . -4- JJ I I '1 t :(~~ 2S19" ,,,ri! ~ I ~{('b )- ;2.1' 'f I' ~ ..) . ."" I ~ \,) u"~ rp.Ji /'f.,; ). ~t.i> . ~ 1 I Q) C9r~ ;z.~1S ."C I ~A't I -e.t-.lc.. I c,)..4rr.,t "'" 3Y~ {.,l'P lJQP+\.... re......~1\4. +l... $., .,.... ~ <-r-:-~ 7~/T~.~ hJTC he! Tra 1.I)JH.J !fTf...II-II_::],::!':]I C_',"::::JC:::T QC.TT C~~?_O?_~~~ .. ~.~ ~..~.."'~.J ., ~...., . . . &~ ~~, j,~1..y i=' ~a..~ ~AI\_ --a:- . . . . l!> \felt MPb . C M i ~ . TIu- T a.ndy Farm" 13795 Oregon Road Cutchogue. New York 11935 Tel.: (631) 734-5169 Fax: (631) 734-5174 Timothy T. Steele /t)-bI-(- 0 M~~ i= I'OO\J\ V. 'eW r _ -110 ~ No 1J\ ~ 3 or. Ij c ... r.a t! u. 2 + - ct .. ~ 0 it (h - 1 I I , CO> I I- I .. I I~ i ,"'" a& -l 1 l - ~ ~~ . . /Z."VI~ 1014(otf PROJECT DESCRIPTION (please include with Z.B.A Application) Applicant(s): TIMOTHY STEELE I. Ifbuilding is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimension/size: garage: permit for 14 x 2].5 30] sa. ft. Square footage: Actual built and proposed: 5 1.8 x 25.4 . 1315 sa. ft. Total Two accessory sheds 8 x 25 200 sa. ft. each Recvcling bin on existing garage 7 x 22 154 sa. ft B. Please give the dimensions and square footage of new proposed foundation areas which do not extend bevond the existing building: Dimension/size: Pro osed 18][ <;'~ go)( 30 KE.V"t"'~ . Square footage: 4.668,.... It 2.<{oo. II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: nI. Purpose and use of new construction requested in this application: a) 2 accessory sheds for agricultural use (one "as built") b) garage for residential and agricultural use "as built" c) Proposed garage for vehicles and storage IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Landscaping and large setbacks. created to maximize privacv and visual impact of neighbors. are what has actuallv created the need for the variances: specificallv a) extensive screening on West (Right ofwav) side ofpropertv b) mature cherry trees to East of garage. c) extensive screening in the northeast comer. and d) large setback of house from right ofwav and _farnTll. . V. Please submit seven (7) photos/sets after staking corners of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be place in writing and may require a new Notice of Disapproval to show changes to the initial plans. 1/ 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. .. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jf. Michael A. Simon http://southoldtown.northfork.net .. Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 October 27,2005 Abigail A. Wickham Attorney at Law Wickham, Bressler, Gordon & Geasa, PC P. O. Box 1424 Mattituck, NY 11952 Re: Timothy Steele; Appeal No. 5618 Dear Ms. Wickham: PurslJant to your letter of July 25, 2005, please advise of the status of the revised maps. Additionally, please address the Board's request for alternatives which were requested at its March 31, 2005 hearing. Thank you. RDO/jpm Very truly yours, Ruth D. Oliva Chairwoman 1'0 I r r--- J .. .. ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD. P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE III MELVILLE. NEW YORK 11747 631-298-8353 TELEFAX NO. 63 I -298-8565 wwblaw@aoLcom 631-249-9480 TELEFAX NO. 631-249-9484 July 25, 2005 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Timothy Steele 13795 Oregon Road, Cutchogue, NY SCTM# 1000-83-2-10.16 & 10.18 ~.~\ ~a'll~o~ \ __~'I1:~o \ '-ie-'l" , \ \" \ . \ \ \ Dear Linda: Please be advised that we have received the revised maps on Steele from Peconic Surveyors, but they contain one omission which I am requesting be addressed today. 30/shd::basteel cc: Pai Moore AAW/j/ --- -"""~""ED JUL 2 6 Z005 \ ZONING BOARD OF APPEALS . . #n06 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Jean Burqon of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 12th day of Januarv , 2006 Sworn to before me this 2006 l~ayof 9~ 0J~[LvJ((;{ tit'11ilfty PUBLIC.STATE OF NEW YORK No. 01.V061 05050 ~ijallli.d In Suffolk County ',,"" . '''t><", hl)l* February 28, 2008 ~ 1/3.7/ I-/(Pf-k f!..c" (I')'/~ I'll'.) LEGAL NOTICE TIlURSDAY. JANUARY 26, 2006 SOUTIlOLD TOWN ZONlNG BOARD OF APPEALS PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pur- suant to Section 2J57 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearings will be held by the SOUD-I. OLD TOWN ZONING BOARD OF APPEALS at the Town HaU," 5~5 Main Road, P.O. Box '1179, "South()ld, New York H971~0959. on 'I'llURsDAY, JANUARY26,2006: 9;30 A.M. JAMES NEuMANN #5822. A variance is requested under Secti()1l100~30A.3, bulk schedule, based on the Building Inspector's October 20, 2005 Notice of Disapproval concerning a building permit application to amend ~rmitrolo.. 31~~Z for:COnstrl1i!tioniOf,,, 8.new d\vetliQg.WJpch.Will,:exceoo the C(}(fe'limi~tiOD:"of' i~I2,~stdriisr~n)io." ~ '13:2-~a:fe"~fed~:,?f-spa~,{lbOve the "second "floor .m.id" COOe:"7COIIlpIlant stairs. at 750 Mill Road, MaUihiclc;CI'M 107-1-1. ., . 9:35 A.M. TlM'TRUJILLO and PAULA DANIEL #5830. The Appli- c~t-OwneI: requests:aSpecia1 Excep'" tion to establish anoAcc:essory Apart.;, mentwithin their existin$ single-family building as provided by SectionlOO~/'~ 3~B;subsection 13 oftbe zot\41g .cd(fe~ ' LOcation:ofProperty: 580, ,s9~<1\i~w A~~ue,l?e<:()n,i~; <;n;t7+,~-{i..,::,~" ,',," 9:40 A.M. JOHl'lon<lN'iNAWIi'l, 1'llRtOWner: MA TINE' INC}#5809. Y~ces aretequ~ted,under:~,ons 100,33 ond 100'239.4.....(1), hOsed On lbe' Building Iilspettor's October 7, 2005. Notice of, Djsa.pprovalronceming' an accessory swil:i1m.ing pool, ptoposed in ,a side, yard ~tead of thecpde-tequired front yard'ot reat yard, and in a location atiessJhanlCXffeetftom the top,QI,the bluff or ba!1kQf.the Loog Island Sound. Locatiqn of'. Pto-perty: :590 Nortp :View Drive, Orient;'9JM 13-1-5.1, ,.c9,:$9j!--' .' .... SLANDI#5816. i\:~,~. ~edund~rSection '1ll6tm, Jh. BuIlding Inspec- tor's November 7, 2005 Notice OfDis- awrovalconceming an application for a~~g:permit for a'new'switQDling pojjl. whiCh' construction will .Increase ;the, building <:overage of the lot in ex- ce&s,oftbe ,oode's.20% liinitation, at 950 Waternew Drive, Soutbold; CIM 78-7-28. '. 9:55 A.M. SUSAN ROGERS GRUN #5!n4. A variance is requ'estedunder Sdction 1()(};'239.4A(1), based on the :B!.1Uding Inspec.tor's November 15,2005 Notice of Disapproval cOncerning a buil(ijng permit a,pplication to construct an addition, for the reasonthatthe new construction will be less than 100 feet from the topof the bluffor bank of the Sound, at 57305 c.R. 48 (a/kIa.Middle Road or North Road), Southald;' CIM 52-1-6. moo A.M. PHILIP MIWT #5705. Variances are requested under Sections 100-33, 100-242, and 100-244,based on the Building Inspector's November 21, 2005 amended Notice of Disapproval concerning a proposed secOl;td.story addition and alterations to the existing one-story garage, for a recreation room and half bathroom (toilet and sink). The reasons in disapproving the build- i~g'pemtit applicatioR are tftattl\e 1leW constniction. will inorease:.tIle .~. of nonconformance when lOCated "at less than3 feet from the side lot line and less than 35 feet from the front lot line. Lo- cation of Property: 4185 CainpMineola Road;M;attituck;CfM l000~123~5-26. 10:15 A.M! GREGG and KATHI ROBERTS'#5S17. A variance is re- quested under Sections l00~243A and 100-244, based on the Building Inspec. tor's October 6, 2005 Notice of Disap- provalo!. aD application for a building permit concerning additionsandJor alterations:~o'thed~elling. The reason stated in the diSapproval is that the as. built eIu:los)Jte of an,existing porch will maintain. a nonconforming front yard ,setback, incr.easing.. the degree of non- conformance at less than 35. feet from the"front lot line. Location of Property: 2545 West Creek Avenue, Cutchogue; Ci'Mlll}-S+ 1ll:20 A.M. Gllll.I ARMINE KLEIN #5793;,~ ,v.,ance' is:tequested under Se:ctionl~231~ ,:b~d'on.the Build- . ~g InSPectOr's August 15, 2005 Notice: of ,'Disapproval concerning a request f()t !tPPtoval, of a fence shown on the 12/f3105'stirvey, as-built, prior.to recent chang;es. The fence exceeds. the rode limitation of four feet when located in the~nt yard, at 16() SoundAyenue and Sound Road~ Greenpoi1; CIM 334 35.2..Zone.Dtstrlct:. R40 Low~Density .R~e:n~htL.,:'.. .10:45 ,\.M. EDGEWATER II, LLC #58lS;,,Aypia,ncejs. requested under S~]OO~~.~.~..~ schedule, based on!the BUUdirig Inspector'sOttober 19, "200~'~~ce ()(Di~apprpval concerning a request to amend ,abuild,ingpennit, and requesting variance relief .exceed- tng tb,e variance limitations granted under Appeal No. 5330 concerning. the . height of a. dwelling which irregular ; rooflilie~exceeded 35 feet at its highest point.a,nd included Ii. bedroom designed in space ah9vethe second-floor, This variance is for a thirddesignj modifying and expanding the floor !q)ace above the second floor; exceeding.the Code limita. tion' of 2-112. stones; and modifying and adding roof. angJes' whkh exceed the code limitation of 35 feet. LOcation of Property; 6j7j5 CoR. 48 (alkJa North Road or Middle Road), Greenport; CTM 40-1-20.2. 11:00 A.M. JON and KATHLEEN MARINO #5831. A variance is teqi1est- edlinder. Sections l00~33 and 100-242. based on tbeBuilding Inspector's De- cember 14,2005 Notice9f Disapproval concerning a building permit applica- tion to construct, an addition to the existing accessory, garage. The reason for disapproving the building permit application is that the construction will increase the degree of nonconformance when construction will be in the side yard area of the existing accessory ga- rage, instead of the rear yard. Location of Property: 10105 Soundview Avenue, Southold; CI'M: 54.8-5. 11:10 A.M. TIMOTIfY STEELE #5618. (Continuation from Variances are requested under Seotions 100- 31A(2)(c) and l00-242A, based on the Building Department's April 23, 2003 Notice of Disapproval,amended January 28, 2005, concerning a build- ing permit application for the following construct, at property known as 13795 Oregon Road (right-of-way extending from the nor1:.b side of applicant's prop- erty), Cutcho~..; GIM 83-2_10.16: (a) barn (building #1) at less than 75 feet minimum principal build- ing rear yard setback, (b) additions with alterations to a nonconforming. accessory garage (building 1t2), for the reason that the ga- rage is riot entirely in a rear yard, and is extended into a front yard, and (c) two (2) accessory sheds, an as-built and proposed, referred' to as storage containet bui1din'gs.#3and #4, in a yard other than the' oode~required rear yard. 11:25 A.M. MICHAEL and HELEN REDDINGTON #5792. . Request for a Lot Waiver under Section 100-26 to unmerge vacant land identified as CIM 1000-104-2~7 .1, from the . adjacent . va~ cai1t ,land.ide'ntified.ascrM 1000-104- 2-7.2, based on t:J?e Building Inspector's AuguSt 23, ,2OQ5 Notice of Disapprova1 and its determinatiob'that the proper- ties have been merged pursuant to Sec- tion 100-25; Location of Property: Cor- ner ,of Horton. Road and Bittersweet Lane, Cutcbogue; containing 63,808 sq. ft. as merged. Zone District: &-40 Low- Density Residential. 11;45 AM. BARBARA and KIMO- NO THERMOS #5825.'K viuiance is requested under Section' 100-244, based on the Building Inspector's October20, 2005 Notice of Disapproval, amended December 8, 2005 concerning an appli~ ,catipn for a building pe~t to demolish an existing dwelling and construct a new dwelling with setbacks at less than the code requited 10' feet ()n a Single side and less than 15 on the,l),econdside yard, at 955 Sound BeacbDrive, Mattituck; CTM 99-1-19. 11:55 A.M. JAMES and KAREN HOBG#582L AVariai1eeis tequested under Section l00-31A, based on the J3uikling Inspector'S November.l, 2005 Notice of Disapproval for a ceitWeate ,of occupancy to allow the existing one- story building to be used as a principal office use, instead of an,accessoryoffice in conjunction \\1t11 qte former d,welliJig use which was removed, at .15400 Main Road, Mattituck; CfMl14-9~1. 12:05 P.M. PAT IAVARONE #5829. A variance is,requested under~on l00-30A.3, bulk schedule, based on the Building Inspector's November 1; 2005 Notice of Disapproval. concerning a building permit.under#22830Z which restricted the, USe of the attic to "non- habitable'" area. An application has been filed for a building permit for the as-built alterations which modified the non-habitable. attic area to living 'space and converted. the floor above the sec- ond story to a third story, eXceeding .the Code limitation for 2-1/2 stories. 12:20 P.M. GEORGE and EUZA- BElli IRELAND #5814. A variance is requested under Sections l00-:31A and lQO..242A, .based on the Building Inspector's 'September 26, 2005 Notice of.Disapproval concerning a requested for a building permit to ,construct an addition and as-built alterations to an existing aq:e5sory building with living space. The 'reasons for disapproving the building permit are that the addition will change the intensity of use, increas- . ing the degree of nonconformity, and the as-built addit\oils. .and . alterations are not pennitted in an accessory build- ing, and only one, single-family dwelling is permitted on a lot. A Certificate of Preexisting Use was issued 7/512001 for a single.famiIy dwellin$ and "accessory garage'with living space above.." L~ca- tion of Property: East End Road, F'ish- ers Island; CTM 4-7-3.3 (part of Lot 3). The Board df Appeals will. hear all persons, or their representatives, desir- ing to be heard or desiring to submit written statements before the conclu- sion of each hearing noted above. Each hearing will n()t start earlier than des~ ignated above. FLies are available for review during regular business hours. If you have questions.; please ,do n()t hesi- tate to cOntact our office at (631) 765- 1809, or by email:linda.kowalski@town. southold.ny.us. Dated: January 10, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN 770ti~1!1/12 I~ corr ~~~ ~ ---t ~ iN . FORM NO. 3 . TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMI'r NO. 30393 Z Permission is hereby granted to: TIMOTHY T STEELE 13795 OREGON RD CUTCHOGUE,NY 11935 Date JUNE 14, 2004 for : CONSTRUCTION OF AN ACCESSORY BUILDING IN THE REQUIRED REAR YARD AS APPLIED FOR. THIS PERMIT REPLACES BP#28456. at premises: located at 13 795 OREGON ED CUTCHOGUE Lot No. 010.016 County Tax Map No. 473889 Section 083 Block 0002 pursuant to application dated JUNE 14, 2004 and approved by the Building Inspector to expire on DEeEMBER 005. Fee $ 75.00 Rev. 5/8/02 COpy '- . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 26, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JANUARY 26. 2006: 11:10 A.M. TIMOTHY STEELE #5618. (Continuation from Variances are requested under Sections 100-31A(2)(c) and 100-242A, based on the Building Department's April 23, 2003 Notice of Disapproval, amended January 28, 2005, concerning a building permit application for the following construct, at property known as 13795 Oregon Road (right-of-way extending from the north side of applicant's property), Cutchogue; CTM 83-2-10.16: (el) barn (building #1) at less than 75 feet minimum principal building rear yard setback, (b) additions with alterations to a nonconforming accessory garage (building #2), for the reason that the garage is not entirely in a rear yard, and is extended into a front yard, and (e) two (2) accessory sheds, an as-built and proposed, referred to as storage container buildings #3 and #4, in a yard other than the code-required rear yard. 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 contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: January 6, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski ". . APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEA~S I d\ t\ /S 2- Fee: $~ Filed By:~PJ Office Notes: . For Office Use Only Date Assigned/Assignment No. SEP 2 ! 2004 Parcel Location: House No. 13795 Street Oregon Road Hamlet Cutchogue SCTM 1000 Section ~Block -LLot(s) 10.16 and 10.18 Lot Size 4 acres and II acres Zone District AlC I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED:. Mav 20. 2004 Applicant/Owner(s): TIMOTHY STEELE Mailing Address: c/o Abil!ail A. Wickham. Esa.. 1'.0. Box 1424. Mattituck. NY 11952 Telephone: 631-298-8353 Fax:631-298-8565 Note: If applicant is not owner, state if applicant is owner's attorney, agent, architect builder, contract vendee, etc. Authorized Representative: Abigail A. Wickham. Esa. Attornev Address: P.O. Box 1424. Mattituck. New York 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Please specify who you wish correspondence to be mailed to, from the above listed names: IJ Applicant/Owner(s) n Authorized Representative 0 Other: WHEREBY THE BUILDING INSEPCTOR DENIED AN APPLICATION DATED: 5/5/04 FOR: ~Building Permit U Certificate of Occupancy DPre-Certificate of Occupancy U Change of Use c6ermit for As-Built rnndrllrtinn o STEELE T (A WICKHAM) 83-2-10.16 5618GG ADDNS/NEW CONSTRUC/AS BL T SHED - HEIGHT & LOC 13795 OREGON RD CUT AC Other: Provision of the Zoning Ordinance Appealed. Indicate Article Section. Subsection and paragraph of Zoning Ordinance by number. Do not quote code. Article III Section 100-33 Subsection~ XXIV 100-242 A Type of Appeal. An Appeal is made for: d A Variance to the Zoning Code or Zoning Map. C] A Variance due to lack of access required by New York Town Law-Section 280-A. U Interpretation of Town Code, Article Section LI Reversal or Other A prior appealll has r.ntas not been made with respect to this property UNDER Appeal No. Year ,. . Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: a) The "front" yards are so large and the landscaping in front, rear and side yards so extensive that the variances impacts would be minimized, b) The two accessory sheds are temporary agricultural buildings which will not permanently impact the property or neighborhood and are screened with mature evergreens; c) While the proposed garage/agricultural storage building violates the front yard prohibition of the code, it is proposed in a "technical" front yard over 1,200 feet from Oregon Road. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: of the corner lot nature of the house and the fact that applicant centered his residence on the building portion of the lot in order to be further from the road and neighbors' view. (3) The amount of relief requested is not substantial because: a) as to the garage and proposed garge, the yards are huge, screened, and caused somewhat by the angling of the house, and b) as to the accessory sheds, they are small, temporary, screened, and actively used for farming purposes. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: extensive screening and distance from streets. (5) Has the variance been self created? ( ) Yes, or (X) No. If not, is the construction existing, as built? (X ) Yes, and (X) No. Accessory sheds are located/proposed as shown to avoid removal of large trees (see photo) b) the garage and proposed garage variances are due to comer lot rules and the reluctance to remov,~ extensive screening in the Northeast corner, which protects the neighbors more than a strict application of the Code would.. (6) Additional information about the surrounding topography and building area that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The "Front" yard of the proposed garage violation exists only because the applicant did not subdivide his house from his farm, a practice which is discouraged by the development rights program. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the chara,:ter of the neighborhood and the health, safety and welfare of the community. ( ) Check this box and complete Part B, Questions on next page to applv USE VARIANCE STANDARD. (Please consult your attorney.) Oth rwise lease roceed to the si nature and nota area below., e of Appellant or Authonzed Ag t must submit Authorization from Owner) S;lnll to before me this ~3J'~ of ~f. 2004. ,~~~ ,r Public DONNA MoGAH.oW _ MaWr I'ubIIo. .... aI N.. - No. 01MC4851418 QuIIIhd In IulIo1Il Counlr Commlll'gn IIcpIlw Aug. 18,lOOI ZBA .pp 9/30/02 , -r ift.+l I ,~l, i ,. .. '-..' <_~ ""'~ ~__,l \ ~~_ TOWN OF soU.OLD PROPERTY RECORD CARD STREET iVfLLAGE' lDISTT I ICLOO a A3~:(. (C:)I. \4 - OWNER SUB, LOT ,x,,\l vi r:J i ,...:;:' ;-'j -' .-~; REMARKS ACR. TYPE OF BLD. I ! (' + .t;Z!?,~ {" Y+S 0" WOL.( " PROP, CLASS LAND IMP, TOTAL DATE --- P'" y dt"(-'d "\t:J S / OfLS 1 ? Q(c~~k1r:-- i ~l1lUnd pool 5&::U ()~ ~~ - (] ~ ~" C>,24ac., -- FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT (4.4: ~ t ~oc . TOTAL TRIM """'" ~_""":i'-,~-' 1-,--""-""-- . -c COLOR ( ( - M.Bldg. Foundation PC Bath Dinette c. FUll Extension Basement CRAWl. Floors Kit. 5'-'. Extension Ext. Walls Interior Finish L.R. . Extension Fire Place Heat D.R. Patio Woodstove BR. . ~rch Dormer Fin. B. , Deck Attic Breezeway Rooms 1 st Floor . Garage Driveway Rooms 2nd Floor O.B. Pool . ."ORM NO. I TOWN ~p SOUTHOLD . nUTt.DUIC DBl>AIlMR'1'. TOVIf HALL SOUTUOLD, N.Y. '1971 TIlt.: 765-1802 1\"", ,",.&I u............. ....t... .t..... TS or PLANS .........'...... ................... Exzrnined.., It.,.. tt tt It .t. 19. It. MAlL TO:.... . . . . . . . . ~ . I . . . . . ^t7prt)Yed........1........,.19..... h'nale It:J. ................. .................................... nl~ ale "........~.........:. .............. .................................... .................................... ..............,... ff ................................ I!;i, "'y 61:.- !;-rl.i~11 . APPLtc~:::;~ot;:t:::~G P!nHrr [l,wL~ d - -.-C .' i':' t, ---c.----J .~. TO'!:!N <':.c' '/~ ;;010 a, 'n,t. appUaatfoa ft'UIt 1li etely filled In by typewriter or in ink IInd IUbnltted to die 1ll.111c11118 tnspector witt Mt. ot plana, acc:tn:aee plot 1'1811 to lleale. PH "cc,m:H,. to ~1.. h. Plot pI." t1-f1lll location 01 lot and of 'blfldi,.. on prmd.... ...l"tiO<lal ip to ~jolnina prtIlIiM" or Id,He roets or .....s, and aivi,. a. det"U de8llription of layout of propGlrty IlUse be rMlrl ort the dlagrlllll "hich I.. pltrt of .Is appll.Co1It ion. .c. 'n.. work COYltnKI bythfl dWl c:atfoii'i'By not bit ~nc'" belol"ll lasuance f. 1lu1141ll& "-mle. d. Upon appnnal.of this IJlPlfCft iOrt, the 1\J11dina T"'pec:tor will i_ " &.! Idlna "-mlt to the applleant. Sud. .n.it allllll be. kept on lhlI pnmi.." l1abl. for i~tion l'hrouahc.,It the worit. e. lb buildi,. shall be . occupied or wted' in "101" or In plIrt for any PlA'\108lI at_r untll . Certificate of eupaney shaU haM been grllnbtd by lkdldil~ lnel*ltor. ~.lCAnCN IS lERlllY IW8 to the a..11c1ina Dap..kt.......t for th. i._nea of" ildina Permlt purllUlltlt to the lldlEIQ Zone OrcIlnallCtl 01 d.. 'nMI olllouttlOld, "'folk County, Now York, and 0 r "PPll.cable z-.. Ordinanca. or .gutation., for the COIllItruction 01 Udinaa, -'dltlontl or alterations, or tor' . 1 or demolition, as hereIn scrfbed. The applicant ..... to ly wfth .11 8JIllUcablel_, Cll'dinanee., . Uding <<!Ode, .......1"8 c:aIe, Imd gut.tiona. alld tomlt lIUthodzad f tore 01. prtIlIillll. inri in bul1dina lor saary tiOrlll . ,I .........~. c4...... . , <&ture of He t,or D81le. if a corpo '~ ..J:~.N.'?~... .~jZ1Y...'I1?.'Z- (Maill..... .. of IIppUc:ant) . Date.. .~1~)~:i..... .19.... INSl'RUCTIOHll . · ..nt, architaet, el1llfneeT: aeneral cont actor, electric:hin, plutber "" builder, "[lI,UC:lIIlt ia a CClrp)ratiOll, sfana .....,..................................... .:s.twJ.~/~~.:l~. the tax roll or lat:eat deed) of duly authOl.'lzed oEli.,..... ...................................... ......,............................. Nane inri title of IXlrporete oftleer) ........................".,........ .................. 1ll.ll1ders Lfcenae lb. ............ ............ Pll11bere 1.icef'lM No. ..... ...,.... ........,.... Electrlch",s Llo:eDlle lb. ........ ............ OChtr TnIde'. LiceftM 1t>. ....... ......1........ Jncation of lard an lIhidt 11 ...........:........ ..~ 11cuse Ilabar Cculty Tax Hup lb. I(xx) Section , ~ will be doNi')" ~L.""""'" to.... ~............ .v.iT.ch~:),... .... F~..... Uloclr. .... k: .,..... CNlmt) ................ Pfled Mep NO. ............... &Jbdlvi.ton ....".............. I . I ..........-. Seete exlstill8 UR InS DCal[>lIIlCy a. ~.titIG use ...xl cec:uplI!ic:y .. .. \ b. Tllte.ndsc1 Illle aad 0CCU\IfIllCY ... f pnmt... and int.nd4d 11M and ocr:upency 0 propoaad oonatnx:tion. .... ~f~ i'~""""""'" '/;.;..... v.....';;..J............... ..................~.......... .. ... ~ ..(f?1,(f(J.......... ....'!:t!0::. M HAg,,,, AMl-1OQ ifrd(we 10 $:;13 .ollduq YWiIIII . ....d.. d.....d... ll~T~r:a~Oiig?tfliiiOd ",u'~:L~" I0OI ,a, uA ..1lqx3 noiIslIIlIIIoO . '" ./~ :...g~pH;~;:;.' · .I4k.':;;/ ... : '::~f,~llii~,\:. I:~ :;~:1/,I.:;~.; ",:.1';';';- . .'/:~~l:;tf~;~i;' ..._...:~,..-.. ........-........-................ ".. .......:.. ....>'.... .1, "'-'llur. of work (doeck ..hid, awl cable) I N=w lll11ldlna .......... toddl t Ion Uopulr.4........... Raa:wal ..... ........ 1~lltlon ............ Ot:l,.r We SJ, SlJ .~'C) .', ' ltatfu22Ited CDat . ~ I ... ..... ;.'" .. . . . ... ........ -J .....~. ". ......... Alteration .......... .................................. ~acrllltlon) I,. fee .................... ....'..................... 5. (to be paid on fll nil thta al'llllc:atlon) It ckoelllna. lU.ber of clwotllJna . Its ............ Iblher of. clwotllirlllllnlta I aDd, floar ................ It garag,e, ll..ld)Or of Coatlf .....~ ............................... 1 f IXlllna... _relet or mlmd 'cccupancy. specify ivItU:::tP. alItane cf 10 \ ty~ of. UlMI.......... . . .......... l.Un.....,lona of existing .t:r\llQtu~ " if &In,)'1 rront.~......:... Rear .~.............. o.pth. .................. IbJe,ht .......... ....,. .... ..... tinwr of ,Storl..,. .......... "" .... o. 0 OJllltn.tolls cf ...... Itructure vlt ~ lllCeratlllll8 or IIdcIltionlll Pront :.............. ..3.:.~AA..:.. DiQpLh ..................... I1eJaJ' ...................." a..-')I'C' .of Stories ............... Olnllnsicns of entire new conal: l:foa~ V'ront... I ............ !War........... .... Dr:ptb ...... 0"" ... . 0... ".1' I.'...... 0........... ll.pt'J., .."".............. 6. 7. 8. ,..Juhc .........................' '1t..I,i)er of Storla. . t. f ""'" ........... ~. 1(1. II. 12. Ilute of P\Jrc1181Mt .... ...... ,.... ",:., Hale Df Vol1l1ltr ~1lI.J: ",'" ..... .... ......... ..... ............ ' Zono or U84 e11.trice !n Whid. P'. r.....l'e.itu.ted ...~................~~.;~::J~...................... l1oe. 'I'roJlD8'l<1 CClIItruotlcn viol . 1117 ze'1l1na I.,. crdl~ or ntaullticl\l .. ~~~......... WIll. lct be rqrQd.:..... . . ........ '11m et.\lClI.. fill be ramved fran .... YltS Ci;;),lJlfll NIII.. of Owner or pt'8O.1IGe .... ..~~......... AddNU ...................'".~..".tt!.hone!t;). ...... 13. II,. NGae or An:hltect:, ........,...... ,'. ..... ....... ....... MIre... ....."..... " ... ... ...... .... Pt)(;Jl1G lb. ......... I~. ~ of C"ootract:or ...:.......... .................,... hklre.. ............. ....,.....,..,...PllOrle lb. ......... 10 thll property.w1l111n 3lXl feet of a tidlll WlIc1l11lC1? * ms ........... N:). *il' YltS, llClmDJl ~,' l1VltlrI' Hl\Y IE IlIlQ1ImD. ....1... laceta cl..~ly and dletlnctly 1 fron properly line.. alVII etnet I/ld. IoiHlther Interior ". COll\llr lot. I'I.OT DIAGRAM ~l1dlna., .tli.r lIXlatlna or pr'CJlOaecI, lock I'Ulber or cI...crlptlcn ecc:onJl"8 to indiCate all &It-back dlroen.ions , end IIllOlf street l'\Im!a and i..Heate ~ oJt~ SIi\'1ll 01' tllW YIlll<, ' ~.f<JL.k s.~ aXlNIY Qi' ............,.....,..,. .........,.....~~~t?~~..~... (tlalQ of Individual lIignlll& c:ontract) nl>>ve 1IOnI!d, . . . . . ~e:A/,"! lie I" ~11C1 ...,......... .O'k.... "". ,~.. "' ""1"1' ...... '" ....... o. 0..... I....... .............. ............. (C'oOI\tracty,rr.~Clllt, < I~:~porat. aWCllr. ..tc.) . n( ~ald "",..r \'Ir owners, ..,d'll1.clul)' . ~hor!:r:ed to perfon. cr 111M. I'".rntlled Lh.. ld woO<. and ~ll ...kG and rile Lhlll nw1lcotlOlll lhnl: alllltat.luntll cont :ll1lKl in thlll "I'I,LlclIlll1l1 arG hUll III !J'G IlIlI lie hia ~1. a,d Iwll,lllfj /llwI lhol the work "Ui he perCon"=ll in tl . '..mnner Ne rorth in U,. application flle<.l tI nlWl.th. lMlm LO bolllra lII! lhis ........tP. ~ ..clay of , , ...!. f KIIA:/YJ. .1wdnU dul)' """n!, d~IIO"~ ~,'ld lIB)'. lhat he IR U1e "lllll.icslIl Notary l'IJbU" ...... ... . . ...- ,<",...\ TOWN OF SOUTHOLD .CD r-+. BUILDING DEPARTMENT eeM'? TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.netlSouthold/ PERMIT NO. BUIJ.,QIj} PERMIT APPLICATION CHECKLISI ., you have or need the following, before applying', . Board of Health . 3 sets ofBuildiug Plans PllUllling Board approval Survey Check Septic Form N,Y.S.D.E.C. Trustees Contact: Mail to: Examined Approved Disapproved alc ,20 ,20_ Phone: Expiration ,20 Building Inspector fvIA'i WkNY (d-~ - ,-::-- \;~- ., .---- . , JM' \6- , APfLICATION FOR BUILDING PERMIT ~~ \ .--' Date I-IS- ,209'" INSTRUCTIONS \. ",:,\,:' a. Thi~.jlppl1Cation MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, ac:curate plot plan to scale. Fee according to schedule. b. Plot plan showing location oflot 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 inapection 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 mouths. 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 inapections. (Signature of applicant or nsme, if a corporation) DISAPPROVAL (Mailing addreas of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder t'J)tu ~ Name of owner of premises ""-'''ro-t)+t.y,.: $&..,4- (As on the tax rolJ or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's Liicense No. I. Location of land on which proposed work will be done: 1'3,95' t!)""~l"',r /?c. House Number treet c'-' ~~__ Hamlet 10'/0 ,rtJ. 3- County Tax Map No. 1000 Section Subdivision - (Name) 1000 Block - ~ "3 - 0 2- Filed Map No. Lot Lot !""\ 2. StatctexiS~ use and occupancy oft*_dises !!1ld inten. d.ed use and o~panCY l>.-)ropos~ ~~. n,' , a. EXIsting use and occupancy ...... ~ .. ~..v i. ~ =- . f'l/I~.~ b. ..........""'_'" ~.u C/, :. ~ ~ 3. Nature of work (check which applicable): New Builrlinl!: ~: gC- Addi~~~-- +-...-..1<., Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee 5. If dwelling, nmnber of dwelling units If garage, number of cars (To be paid on filing this application) Nmnber of dwelling units on each floor Depth ~' 9. Size oflot: Front Depth ~ Rear 10. Date of Purchase jyrs Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO_ 13. Will lot be re-graded? YES_NO -P- Will excess fill be removed from premises? YES_NO >( 14. Names of Owner of premises Name of Architect Name of Contractor 51 .. - Address Address Address Phone No. Phone No Phone No. 15 a. Is this property within 100 feet ofa tidal wetland or a freshwater wetland? *YES_NO.-XL * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. -- 16. Provide survey, to scale, with accurate foundaQ.on plan and distances MfRB~i 17. If elevation at any point on property is at 10 feet or below, must pro~~\f!l;L,~~IPon survey. STATE OF NEW YORK) SS: COUNTY OF ) "---['; V1<Jl)<tl.~ ~ S .p.l"'7~L-=- being duly sworn, deposes and says that (s)he is the applicant (Name of indivi signing contract) above named, (S)He is the _ t)wrver (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. . Sworn to before me thin I{., dayof 7r~ 20~ ~ 41fu. 0u4fJ (-t ~. otary lie ~of~ --" LlNDAJ. COOPER Notary Public. State of New York No. 4822563. Suffolk C<llJ1ltV .. ^ Term Ellpires Dscember 31.~O 6 t5o/I.~ C~~)\I~\./ i2e" t/Jb!OCo fU 'CHARLESR.CUDDY o^ . l' ~ ATTORNEY AT LAW A'YJ{)}J(J, p , 445GRIFFINGAVENUE Vrr" RIVERHEAD,NEWYORK . Mailing AdJres:;;: P.O, Box 1547 Riverhead, NY 11901 TEL (631) 369.S2X) FA2C (631) 369-9000 E-mail: charles.cuddy@verizon.net January 25, 2006 Southold Town Zoning Board of Appeals 53905 Main Street Southold, NY 11971 jo (~. ,.- ~ 0 !J3 S("I ~ Re: Timothy Steele #5618 13795 Oregon Road, Cutchogue Dear Zoning Board Members: I am the attorney for Martin Soja, the principal/member of Oregon Cliffs, LLC, which owns the parcel immediately to the south of the Steele parcel (SCTM#1000-83-2-1O.13). Mr. Soja has constructed a residence on that parcel and the entrance drive to the Soja's (Oregon Cliffs') home shares a common line with the Steele's parceL By this application Steele seeks area set back variances, as well as, approval for construction of an accessory building in his front yard. We oppose this application (scheduled for a hearing on Thursday, January 26, 2006) and request that this letter be made part of the hearing record. It is difficult to believe that the buildings in question must be constructed near, if not on top of, the perimeter of the Steele's parceL Without delving into the aesthetics of the metal containers there appears to be no cogent reason to place the accessory buildings along the property lines of a five (5) acre parceL The result is that lesser, undesirable buildings are placed away from the Steele home and closer to their neighbors. The variances requested do not need to be granted and based on the balancing tests set forth in the Town Law 9267-b(3) should not be granted. The applicant has created the hardship from whicb he seeks relief. has alternative locations available and is adversely impacting his neighbor" Under the circumstances the Board should deny the variances requested. CRC:ik () Enclosures r cc: Abigail Wickham, Esq. Very truly yours, C3Z4.-~ ~../.' Charles R. Cuddy i) ~ . . l,~\lot fl}~jr ~..r\ t,'il--. p. (Y \~1/ In the Matter of TIMOTHY STEELE Appeal #5618 $OUTHOLD TOWN ZONING BOARD OF APPEALS Hearing date: January 26, 2006 AFFIDAVIT IN OPPOSITION STATE OF NEW YORK: COUNTY OF SUFFOLK: LOUIS C. CORSO, being duly sworn, deposes and states: 1. I am the owner of the property which adjoins that of Timothy Steele. I submit this affidavit in opposition to the relief requested by Mr. Steele in Appeal #5618 for the reasons set forth herein. 2. Mr. Steele comes seeking multiple variances to obtain your blessing for his repeated violations of the Southold Town Zoning Code. 3. He has constructed a barn closer than minimum required setback of 75 feet. 4. He constructed an addition and made alterations to accessory garage without obtaining approval from the building department [he did not follow the terms and conditions of the permit that was issued] 5. He has placed metal storage containers which he describes as accessory sheds on his property in violation of the zoning code by placing them on his property -not in his rear yard. 6. All of this was done in utter disregard to the land use regulations that apply to all property owners in the Town of Southold. 7. Mr. Steele violates the provisions of the zoning code by operating a commercial use, a nursery /Iandscapers business, from his . . residential property. He stores nursery stock [burlap - balled trees, and other nursery stock] on his property which is offered for sale. 8. Mr. Steele has pleaded guilty to certain town code violations with respect to his use of his property. 9. I have observed the spraying of nursery stock. I have been told that nursery stock requires spraying with pesticides and possibly other controlled substances. Upon information and belief, Mr. Steele stores pesticides and other controlled substance on his property. It is my understanding that the using and storing of pesticides or other controlled substance requires licensing. The DEe requires users of such substances to be licensed by the State. Upon information and belief, Mr. Steele has no such license. 10. Mr. Steele has means, other than by seeking a variance, to place legally permitted structures on his property which consists of four acres with his residence, an additional 10.8 acres of property on which he has sold the development rights, plus a two acre building parcel. If, as he maintains, some of his structures are, in fact, agricultural structures, he can use the entire 14.8 acres to locate them. They do not have to be squeezed up to the north of his property, in violation of the zoning setback lines, and causing a nuisance and offense to his neighbors. I share the objections raised by my neighbor Martin Soja who, through his attorney, has expressed his opposition to the requested variances. 11. In utter disregard to his neighbors, Mr. Steele has placed all manner of heavy equipment and a gas tank just within our common property line. He stores his material, equipment and these unsightly metal buildings in close proximity to our shared property line. It is not screened from view and it is a nuisance. This is the common right of way for the owners along the Sound, and he must maintain the appropriate front yard setbacks according to the town code. Instead, he has shoved all of his structures up against the property line, away from his home, out of his own view. . . 12. Mr. Steele has caused these difficulties for himself, and these problems can be easily remedied by Mr. Steele in such a way that he is in compliance with the zoning code. His difficulty is self created, and can be resolved without resort to variances from the town code. 13. For these reasons, I respectfully request that Mr. Steele's application be denied in all respects. /' ..- '---;:?_~ ~--~ ..,,.~-~-, --.jl ~..""".. ... (. ,'.._.,~ ~/ "(ouis C. Corso / Sworn to before me the s;9~-{fI day of J nuary,2006 ~n _ C.-- Notary public /-----;:.:;> BRENDA L. STRICKLAND Notary Public. State of New York No.01ST6014034 Clualified in Suffolk County 1 CommiSSion Expires 09/28/200~lu . . h~ ;}j~li'~~ ~~l' lblo,rlL.)J) I \ I "l. j:P-" ~ 'f. Memo: Zoning Bo~r~ of Appeals From: Patricia C..Moore Esq. Appeal #5618 In the Matter of 'l'imothy Steele Hearing date: January 26, 2006 The adjacent property owner, Corso, objects to the application. I: Barn at less than 75 minimum rear yard required II: additions with alterations to accessory garage (bldg 2) garage is not in rear yard- extended into front yard III: 2 accessory sheds, as built, referred to as storage containers (bldg 2 & 3) not in rear yard A. Mr. Steele Cons tructed Structures wi thou t bui Idi::lg permits. On October 20, 2003 I wrote to the building inspector with a request to inspect the property and direct the removal of the 8' x 20' commercial metal storage building which appeared on the property. Mr. Steele appears to run a nursery business - he also appears to run a landscaping business- he has all the equipment used by landscape contractors. The Town has had numerous landscape contractors try to run their business from their home and they were issued violations because the business is not permitted In residential zone. Mr. Steele is not a "farmer" as he alleges- he store,,: balled mature trees and nursery stock on his property for resale and maintains heavy equipment on this property. He began his business by constructing structures without a permit. The location of all the existing structures were in violation of the zoning ordinance. The Town of Southold finally issued violations after numerous warnings to Mr. Steele and he plead guilty to building without a permit (Town Code Section 45-15) and paid a fine. He promised the Town that he would . . correct these violations. B. Mr. Steele should comply with front yard setbacks to a right-of-way Mr. Steele conducts most of the heavier activity along the residential property line. As I pointed out during the last hearing the four parcels along the north of the Steele property use the right of way as a cornmon drive. Mr. Steele has use of this right of way for his utilities and for some equipment access. The Code requires a Front Yard setback for right-of- ways: "100-13 Yard, Front" "Except, if the owner of the lot does not have the right to use or travel over the bordering street, right of way or street line shall not be considered to be a front yard." The zoning code requires a front yard setback from a right of way. All of the proposed structures were illegally constructed in the side yard, the code requires that the structures be located a minimum of sixty feet from the property line in accordance with the front yard setback. Note that Steel constructed the swimming pool, with a permit, at 60' from the right of way. Mr. Steele was therefore aware of the 60 foot setback requirement but chose to disregard the zoning ordinance when he placed the 8 x 20 metal storage container and the garage on his property. C. Metal Storage Containers are not customary accessory structures in a residential neighborhood. The storage container is a commercial structure, as it is used by Mr. Steele, is not for residential purposes. We understand that Mr. Steele stores hazardous materials associated with his landscape business in these containers. These structures are commercial storage containers used to carry loads by trailers, ship or train. Mr. Steele has not requested a use variance, as required, to permit these structures in a residential . . neighborhood. Even if the board finds that the storage containers are a permitted residential use, there is no basis for an area variance. Mr. Steele has 14 acres in which to place these structures. His placement of these structures adjacent to the neighbor's property line is so he does not see them. They are terribly offensive, a metal trailer without wheels. Not only does he have the containers but he then stockpiles his equipment a.nd supplies behind the containers and along the residential property line. Contrary to the applicant's assertions, the storage containers are not adequately screened from view. Mr. Steele uses the space between the storage containers and the north property line as a storage area for his material, equipment and a gas tank. To add another storage container to his junk pile 1S an offense to the neighbors. The existing illegally located storage container together with a second storage container and expansion to his existing gara~Je will result in a wall of structures, materials and equipment. D. Mr. Steele has not met the standard for an area var1ance. Mr. Steele has over 16 acres in which to locate agricultural structures, 4 for these acres around hiE; house and 2 acres along Oregon Road have no restriction at all. There is no basis for placina these structures five feet from the propertv line. While the structures are 1,500 feet from Oregon Road, the affected property owners are on the north and the closest structure is only 3'6" feet from the property line. If he persuades the Building Department and the Agricultural Committee that the containers on his property are legitimate agricultural structures then they are permitted on land which has had the agricultural development rights sold. Mr. Steele does not need to violate the zoning ordinance or intrude on a residential community. c ~ ~ E. The garage was located in violation of a permit issued in 1996 (BP#23399Z). He obtains no rights to an illegally constructed structure. The building permit had the location of the garage in the rear yard. My client objects to placement of any structures in violation of the zoning ordinance given the impact on him and his neighbors. There is absolutely no legal basis or justification in this case for expansion of the illegally constructed structure. Mr. Steele had more than 14 acres to determine the best location for this garage. He sold the development rights on the 10 acres after he built the garage. The professed limitations on placement of his proposed structures and expansion of the existing garage are a self created hardship. The ZBA must consider this in balancing the interest of the parties. The ZBA must not condone expansion of an illegally constructed structure due to poor planning and maximizing the payment of the development rights. F. There is a qreenhouse on the propertv with a permanent foundation, this structure is still not shown on the updated survey. We ask you to deny the requested relief. v/' . . PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 .d; ;D;f) ~)t 3}3~r 1d:0biJ.~ ill ~O: Margaret Rutkowski Secretary March 30, 2005 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Appeal # 5618 of Timothy Steele Dear Chairman and Board members: The adjacent property owner, Corso, objects to the application. These violations have been ongoing for more than one year. At the request of the adjacent property owner, on October 20, 2003 I wrote to the building inspector with a request to inspect the property and direct the removal of the commercial metal storage Container, being 8' x 20' in size. This structure was located on the premises without a permit and in violation of the zoning ordinance. The Town of Southold finally issued violations after numerous warnings to Mr. Steele and it has dragged through the Justice Court with promises of compliance. The following objections are respectfully submitted with regard to the documents presented by Mr. Steele in support of his application: 1. The survey submitted by Steele does not reflect the actual existing conditions and Planning board approved map. The 50' right of way was relocated in 1997 after a lot line change and actually runs along the south side of the adjacent parcel. Attached is the Planning Board resolution and map of the lot line change and relocation of the right of way. The four parcels along the north of the Steele property use the right of way as a common drive and Mr. Steele has use of this right of way for his utilities. The zoning code requires a front yard setback from a right of way. Not only are all the proposed structures and illegally constructed structures in the side yard, the structures should be located a minimum of sixty feet from the property line. Note that Steel constructed the swimming pool, with a permit, at 60' froIT, the right of way. Mr. Steele was therefore aware of the 60 foot setback requirement but chose to disregard the zoning . . ordinance when he placed the 8 x 20 container on his property. 2. The storage container is a commercial structure, used by Mr. Steele in his landscape business. We understand that Mr. Steele stores hazardous materials associated with his landscape business in these containers. The containers are not permi tted in a residentially zoned parcel. These struct.ures are commercial storage containers used to carry loads by trailers or train. Mr. Steele has not requested a use variance, as required, to permit these structures in a residential neighborhood. Even if the board finds that the storage containers are a permitted residential use, there is no basis for an area variance. Mr. Steele has 4 acres in which to place these structures. His placement of these structures adjacent to the neighbor's property line is so he does not see them. With complete disregard to his neighbors the containers are in full view. It should not be the neighbor's obligation to screen these containers. 3. Contrary to the applicant's assertions, the storage containers are not adequately screened from view. Mr. Steele uses the space between the storage containers and the north property line as a storage area for his equipment and a gas tank. To add another storage container to his junk pile is an offense to the neighbors. The existing illegally located storage container together with a second storage container and expansion to his existing garage will result in a wall of structures. 4. Mr. Steele has over 16 acres in which to locate agricultural structures, 4 for these acres have no restriction at all. There is no basis for placing these structures five feet from the property line. While the structures are 1,500 feet from Oregon Road, the affected property owners are on the north and the structures are only 5 feet from the property line. Moreover, agricultural structures (Barns) are permitted on land which has had the agricultural development rights sold. Mr. Steele would need to comply with the zoning ordinance (or obtain a variance in a location which does not adversely impact his neighbors) and obtain consent from the County's agricultural committee. 5. The garage was located in violation of a permit issued in 1996 (BP#23399Z). He obtains no rights to an illegally constructed structure. We will leave it to the Board to determine if the standards of an area variance have been met with regard to the existing garage built without a permit. We would request that the Board consider the impact on the neighbors and re~~ire screening and limi ts on storage along the property line. . . However, My client does strenuously object to the exnansion of this nonconforming and illegally constructed structcure. There is absolutely no legal basis or justification in this case for expansion of the illegally constructed structure. Mr. Steele had more than 20 acres to determine the best location for this garage. He sold the development rights on the 16 acres after he built the garage. The professed limitations on placement of his proposed structures and expansion of the existing garage are a self created hardship. The ZBA must consider this in balancing the interest of the parties. The ZBA must not condone expansion of an illegally constructed structure due to poor planning. 6. There is a greenhouse on the property with a permanent foundation, this structure is not shown on the survey. We ask that this structure be reviewed by the building inspector and the Board. Very tr~ yours, , ~?C \ r':. . ~.~ricia C. Moore PCM!mr Encls. ~;.' .. - I'" . . PLANNING BOARD MEMBERf;l BENNETT ORLOWSKI, JR. Chainnan WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hnll, 53095 Main Rond P.O. Box, 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 7, 1997 Patricia Moore, Esq. ,P.O. Box 483 Matlituck, NY 11952 Re: Proposed lot line change for Corso-Steele-Modlin SCTM# 1000-83-2-10.2, 10.3, 10.4, 10.5 & 10.6 Dear Ms. Moore: The following resolutions were adopted by the Southold Town Planning Board at a 'meeting held on Monday, October 6,1997: The final public hearing, which was held at 7:35 p.m. was closed. ",11 ~ The following resolution was adopted: .- J WHEREAS, Louis Corso and others, Timothy and Jeanne Steel,e, and Irvin and Maria Modlin are the owners of the property known and designated as SCTM# 1000-83-2-10.1, 10.3, 10.4, 10.5 & 10.6" located on the north side of Oregon Rd. in Cutchogue; and WHEREAS, this application which is for 4 lot line changes, is to subtract 51,020 sq. fl. from a 17.94 acre parcel and to add: 1,188 sq. fl. to existing Lot 1, 17,554 sq. ft..to existing Lot 2, 13,802 sq. fUo existing Lot 3, 18,476 sq. ft. to ,existing Lot 4, and to relocate an existing 50 foot wide r-o-w to run along the southeasterly line of the revised parcels; and WHEREAS, the Southord Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on September 15, 1997; and . . Page 2 Lot Hne change for Corea, Steele, Modlin October 7, 1997 WHEREAS, as noted in a letter dated September 18, 1997 from Patricia Moore, Mr. Corso intends to relocate the existing road to the proposed location in the . spring of 1998, and the new road will be constructed in the same manner aJ; the existing road. The new road will connect to the existing access/driveway on the Modlin property and the Modlins will continue to have uninterrupted access ovel" the proposed right-of-way; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 6, 1997; and WHEREAS,. all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore ..,. ~ RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated August 20, 1997, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. The condition must be met within six (?) months of the date of this resolution: New deeds must be filed for all parcels involved (Corso, Modlin and Steele) reflecting the lot line changes. Copies of the recorded deeds must be submitted to this office. ". Please contact this office if you have any questions regarding the above. .' Bennett Orlowski, Jr. Chairman )~ 'f;...> ene. ,....11. .....,.... ._~ct;ct:ctcC;t:c~~*~-:-; ."'~..~~~'" '-";"". :"".:: .-- l.A,. _.,,/,' lo,7TOWfl OF cnI.......ri( . . ...IlICORD "".__ 'tn70- J-..) _.~" ". .' ". ~ OWNER STREET -3 VIUAGE DIST. . r (hO ea.m t. ,:: SUB. (}W'- , '[' f'.~~ () IV I' c'l'rJ) N _ CU'iciiiJ iJ/:;~ E . SW;frroo/1!f -Czt:Boil/t' W -r 1111;1 N fI/jiJ I! . COIN.t ca. MICS. Mkt. Value q I ACR. fIi i Ilu 1- 0 :sJ.eu UlS ';1 e# fElii-V RES. I;? 0 SEAS. Od,((" S O~ J::.' 'i' 01'/ "eo ~ D FARM TYPE OF BUILDING VL. '0 /99 A6 fJOIfS lANO .J ~_p 0 IMP. TOTAL DATE .$'/ &> 0 /6 IlLU'nEA/ t:EA~ry C"1f:7- - - - ,)9 ,S'-r;I/;- Jt~-...(' /JOllA iJ" Pc ~~H-o', ,.,r'NO U-o f;J.Soo. /Vo/t) I.. 9.!N~ ,4 317 i 1 I1IIaIlIe ."- .,*, ;-'" AGJ:' ON R~ . ~4 .~ '6fli l- I. L+ Ct'6~~ ' '! t.Q,Cl:X;> ma I . , f7l~ I.$) L-Q-I- BULKHEAD .I . " II I~ Ilk' ./ .! Ie> II ~ I;' \ ,/ ( ~ 1V"f/ ? !,/ ( V V t " t V , / / I.... ""' l . I / "" ,,'" . . ,f) I.. ~ ~ .... ..... ~ - ~ 1/ :;t -- .Il ,/ .1.1' .h '" . M. 81dg. I~>()~ ':. ~t.(' 7 1/ A ,. v ~~ : .:2 ext.wIon I~ it 1/-" III? 'r/tfb J ~Lll3 , ........4". ii I If .$"0 30,"0 II... ~. I" )'9X/~" I"J> . ~ion adD Ilo<f 1/ . . . . , ext.wIon ^ / . '" . Foundation ~ /:< .I' lath I [9iOlttte Pai-ch /1./)(2/7 ~ .3 ')S'\'\.. S-nt ~'.I.t..L Floors P /AI/ K. kh Py./~~ . '//1) 1 ?~ ...( - Ext. Walls w"A.7>o~,n,.<{ I Jl1terior Finish ~e-L LR. , ...:( /.j . . . -l~ I "-.. Fire Place f/, ~ Heat . V h-- DR. - J.''J.?..h-;.~on ;1S........... r-... LfS'b "'ype Roof /. Rooms 1 st Floor BR. . Patio / ~ Recreation Room Rooms 2nd Floor FIN. B O. B. I 7,) t:- Dormer Driveway 14. ~.K4ml:.- 3.l X /J'..i't.:1 :L. ---- :rFI .,s- f n l/ . COLOR H PI Iv RA c... . J TRIM N A'frJ ~ ~L. '.H_"""lI!III .' . I.I.IIIJI.~.- I' ...",-:.",.-.- ACREAGE '" .;zil.qq( " TYPE OF BUILDING '-- RES. SEAS. Ro a J N!...!~,~ S t1Yt J::A FARM / Cu E '0 " SWill "cIlR~e~t$4Tlltf W e.. /! , ! f :-''- / " VL. COMM. LAND IMP. TOTAL DATE o. ( r ..- '-' a.c~u t< (? . .,':1 d-~aop ..1 -,.., , Ti liable 2 II Tillable, 3 ) ,/ Woodland , !.J J<~-t ....:. Swampland Brushland , ~- ~(!)7 r 0(,1) ::'01../ lYe Xl'on "- .\.('.fJ1" ;'So . ~. ~ 7-=- .::. tl- ./ ." '17 H6,lIse Plot -.-.:.,..:.............-- "',]. , 'l'Qtpl' ( , ~ . ~- '"----- -- L'I , , ~L . . IJ I 1/ ~, I - (j' I~ " I / ...., 3 / l I I~ ;0. . q /" ./ 1/ / --1111111 ,I , ~ \: . 1, . .~ ( ) J 1 I , , _)1 .:.-,~ ~ -'" -. ~ TOWN OF SOUTHOLD PRO.PERTY RECORD CARD - - -...- .-.-. - --- -..- - -- m OWNER STREET VILLAGE DIST_ SUB_ LOT . --- . ACR. REMARKS - TYPE OF BLD_ PROP_ CLASS . . TOTAL e- LAND IMP_ DATE - ____m__ - --- ---.. -- - --.-- -- . . -- FRONTAGE ON WATER TILLABLE -- -- --- ...--- -_..-- - --- FRONTAGE ON ROAD WOODLAND -- -..-.----- DEPTH MEADOWLAND BULKHEAD HOUSE/LOT - - - - -------.- -- -1____________L.- TOTAL ~ .. ! , - Ii it... l~ ... V , 1"'1' \ I'~ " " . ~. , fl'\"I . I- ~ ~ wl....~ ! .-..... . f'l-il;, ... \ ~/~ ,to ~ :.. .\~ 172' 1'1 .... - - '-~, '\I-"t I " ":.;';:y' .".'...,..-".,:.:.:,.'"- , .:. ".- ~;~~~~~:::~:'~. ~ .-. <;:-, _J.I"I. , H., , , y,":". ,...t\.."i;~\:1' II '" ~', ~.., ~-.. ..... ~...:;.:'~':i ,.-:" " ? ';i, \ '!l . ';'Q(tl~ " \f#~~'" . '. .;..., . . II . , " ~ :v . ~~...: .\~:'., -'.;,ii:;'.-. . ~':...",: j" ~ . - , " . , ' . :"f~~.,~;~;~- . . . . ,"'" . . , .' . ."... ... .,' I~N ~Ir -, . " .~. -1 -I I I I -, I 1 I I 1 f$> - \ ,13ldg. \2. 'l \'2.. '" WI 35b 5o~ Foundation Bath "3 (?.- Dinette .q~ 104 "FULe-) ~ Extension " "\(0" \1(,. Basement Floors It\v.J~ Kit. SLAB \ _Ftten1ion 212.0 ~6'0 I~~ Ext. Walls v.J~ cl.< I "Interior Finish G\2e4..~~ L.A. 112- lto ~2.0" ~ ...... I - 5" 7st; ~~~\ \~I.uete~~on lblC I'" .. 'S~ t 1001 5~5' Fire Place , 'M.. ~~, Heat D.A. .. Patio ~q~211 ... e~1 \ Woodstove BR. orch ..q lC. \2.', 4S .~ ~4 Dormer Fin. B. Deck Attic - Breezeway Rooms tst Floor Garage ~~\ \00 Driveway Rooms 2nd Floor O.B. / :1> \I:lo.r, (ff' ~, 0.\, L \...~ ,..., ~ocw\: ~ a..w. . ;. Pool 0,.0...... \ I" .L. I \ &-"" .. ,'" t-... Ac. :?u",'IC 4.00 ~\i4 ..~ ....... O/~ I. 0 J(;.r,,/ A ~..;-e.."S.'r ':.J~/vt! -, '- I' 'I) " /~' s-a..;> _ 1"0/ ~j4~i--~ ,r' 'II~ /'::.t,o~ .. aq~ \ r61<1J ... -;~4/t.i:;J/'b " /J .~. .-" c: ' ~~Q ?u. '" MATCH SEE SEC. NO. 012 ~ -----.z.-__.....>!!'E~., 1_ .., 17.0A ~ I ~l I ~i ~ ,[ ~! 10.l8 IO.U .. . .S L.O. I , " 11.12 3.U .' 7.' 7.1Al(:) COUNTY OF SlfFOL~ /0 -N- ~ \1 , '. 11.5 16.1A 13.8 37.5.1, 12 J7.9AkJ COUNTY OF" Sl)FFOlK IDf'!lO"~E:NI AJGHISJ H.7 ~... o d . ~ '.. , ~ " 30.BAlel 17.1 28.1A FOR PCLNO. 5HSEC."Il. 096-01-017.5 " ~ ~ <6;,,;:1 '0, FOR peL. NO. SEE SEC. NO. OS5-02-001,1 -LiNE ~ 1%600 - Z_.- -----~- SEE SEC. NO. 095 -ERTIES TRICTS, I~OTICC: COUNTY OF SUFFOLK Q) Real Property Tax Service Agency Count~ Center Riverheod, N Y 11901 SCALE IN 'HI: ~o . 2<10 .0' ~ I '" "" M "0 A P '" '" "<......... rolNClF SOUTHOLD SECTION NO MAI,~1ENANC[, ~L1ERHon, SALE CR DISTRIBUIIONOfANYPORTIONGFTH[ SUFfOLK COU~TI lAX W~F IS PRQIfIBIHD WITHQU7 ~RITTEN PfRMISSIOI, OF TkE REAlPROf'ERTI HX SEPVICE AGENcY. 0!4 YUAG(lJ 083 ,~. DlSTIICT I<<l 1000 PROPERTY MAP CONvtRSIONOA1E'JDc,.2G,l991 c o Office Location: Mailing Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 3, 2006 Bv Renular Mail and Fax Transmission 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: File No. 5618 - Variance Requests (Steele Property) Dear Ms. Moore: Enclosed please find a copy of the determination rendered by the Zoning Board of Appeals. Thank you. Very truly yours, Linda Kowalski Enc!. o .' t' .' o FORM NO.3 NOTICE OF DISAPPROVAL DATE: April 23, 2003 RENEWED & AMENDED: May 20, 2004 RENEWED & AMENDED: January 28, 2005 TO: Gail Wickham NC Timothy Steele 13015 Main Road Mattituck, NY 11952 Please take notice that your application dated January 16, 2003 For permit for additions and alterations to a nonconforming accessory garage. an "as built" accessory shed. construction of an accessory shed and construction of a farm buildinl! (barn) at Location of property 13795 Oregon Road. Cutchogue. NY County Tax Map No. 1000 - Section 83 Block-.2 Lot 10.16 Is returned herewith and disapproyed on the following grounds: The proposed construction is not permitted pursuant to Article III, Section 100-3HA)(2)(c). which states: "Barns. storal!e buildinl!s. l!reenhouses (includinl! plastic covered) and other related structures, provided that such buildinl!s shall conform to the vard requirements for principal buildinl!s." The proposed barn (noted as Buildinl! #1) is noted as beinl! 38 feet from the rear vard line, which is therefore not permitted pursuant to Article III, Section 100-32, which states: "No buildinl! or premises shall be used and no buildinl! or part thereof shall be erected or altered in the A-C, R-80. R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parkinl! Schedule incorporated into this chapter with the same force and effect as if such rel!ulations were set forth herein full." Principal rear vard setback is 75 feet. Although the existing accessory nonconforming accessory garage (noted as building #2) was issued a permit in 1996 (BP#23399Z), the garage was placed in the side yard. instead ofthe approyed rear yard. The "as built" storage container (noted as building #4) is noted as being in the side yard. The proposed storage container (noted as building #3) is noted as being partially in the front and side yards. In addition. the proposed addition to the existing accessory garage (noted as building #2), is not permitted pursuant to Article XXIV, Section 100-242A. which states, , - "... I o .' ,- , . o "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The proposed construction will extend the accessory garage from the side yard, partially into the front yard. This permit was amended on May 20, 2004, to clarify issues, and on January 28, 2005, to address changes to the application made by the applicant. Total lot coverage will be +/- 19 percent. cc: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the South old Town Building Department. t t APPpALS BOARD MEMBERS 0 Ruth D. dliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTH OLD Tel. (631) 765-1809 . Fax (631) 765-9064 o Mailin~ Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 9, 2006 ZB File No. 5618 - TIMOTHY STEELE Property Location: 13795 Oregon Road, Cutchogue CTM 83-2-10.16 and 10.18 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant has submitted a survey prepared December 12, 1995, amended April 14, 2004 by John T. Metzger, L.S. of the entire 16.77 acre parcel, including the location of their single-family, two-story home, accessory garage and swimming pool. Also shown is an (as-built) accessory storage structure and proposed barn, proposed addition to the garage, and proposed storage structure (container). The applicant has also submitted a second survey map, prepared June 26, 2002, amended July 28, 2005 by John T. Metzger, L.S. concerning 2.93 acreage, apart from the remaining acreage (farmland with Suffolk County Development Right Restrictions). BASIS OF APPLICATION: Building Department's April 23, 2003 Notice of Disapproval, amended May 20,2004 and January 28,2005 citing Sections 100-31A(2-c) concerning a barn (building #1) proposed at 38 feet from the rear yard line instead of the code-required 75 feet. Also cited is the accessory nonconforming garage (building #2) placed in a side and front yard location, and then a proposed 16 ft. extension to the as-built garage in a side yard. (The building permit in 1996 under # 23399-Z allowed an accessory garage based on a request to built only in a rear yard location.). The third and fourth buildings are for storage in a front yard location. All construction was requested in a yard other than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on March 31, 2005, June 2, 2005, and January 26, 2006, 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: The applicant is requesting variances concerning the following: as-built 25.4 by 35.8 ft. accessory garage, proposed 16' x 25' addition to the as-built accessory garage, 8' x 25' shed, 30' by 80' accessory barn building, and as-built location of an 8' x , , Page 2 - March g, 2006 0 ZB File NQ. 5618 - Timothy Steele eTM No. 83-1-10/16 and 10.18 o 22.3' accessory shed, as shown on the survey prepared December 12, 1995, amended April 14, 2004 by John T. Metzger, L.S. ADDITIONAL INFORMATION AND AMENDMENT: During the public hearings, numerous discussions were held regarding the applicant's nonconforming locations of the storage container structures and proposed 8' by 25' shed, as well as the proposed garage extension. Adjacent landowner(s) representatives also spoke with concerns and objections to the requested variances (please see hearing transcripts for detailed statements of verbatim testimony). APPLICANT'S AMENDED SURVEY SITE MAP: On August 1, 2005, the applicant submitted an amended survey site map, dated June 26, 2002, amended July 28, 2005, by Peconic Surveyors, P.C. correcting the property boundary lines adjacent to the right-of-way, and relocating the 8' x 25' accessory shed to the eastern yard area at the rear of the dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of relief will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property contains buildings, of which only two (dwelling and swimming pool) were issued certificates of occupancy on this 2.93 acres of residential property. The applicant's residential property borders a separate, adjacent private road which provides access to neighboring dwellings under construction near the Long Island Sound. The applicant requests a variance for the as-built 8 ft. by 22.3 ft. storage container structure in a front yard. Also proposed is an accessory 30 ft. by 80 ft. barn, 28 feet to the top of the ridge (midline at 22 feet), in a location at least 38 feet from the eastern lot line and 90 feet from the north em lot line adjacent to the 50-ft. wide right-of-way as modified to be in a rear yard location. A new accessory 8 ft. by 25 ft. storage shed is also proposed, and applicant has modified the request for this shed in a permitted rear yard location at a minimum of 52 feet from the eastern lot line (instead of the original request near the right-of-way at the northern boundary line). The 16 ft. by 25 ft. addition is proposed on the westerly side of the existing accessory garage which is a front yard and proposed to be only 20 feet from a 50-ft. wide right-of-way. No buildings or structures are permitted to be located in a front yard area, as confirmed in the Building Inspector's Notices of Disapproval because they are required to be in a rear yard. The rear yard is a large area available for placement of accessory buildings as an alternative to the applicant's requests. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's alternatives are: (a) to propose an addition to a garage in a conforming rear yard location, or to locate an accessory garage building in a conforming rear yard location, rather than a front yard, (b) to locate the accessory barn and other accessory structures in the rear yard which is open area. The rear yard consists of over a half acre of available land area for alternative locations of accessory buildings. 3. The variances requested are substantial. The buildings are proposed in non-permitted yard areas. 4. The difficulty has been self-created. The garage as exists, the addition as proposed to the garage, and the metal storage container were built without written town approval. Page 3 - March 9, 2006 0 ZB File Np. 5618 - Timothy Steele CTM No. 83-1-10/16 and 10.18 o 5. Evidence has been submitted to suggest that the requested variances in this residential community will have an adverse impact visually on the physical or environmental conditions in the neighborhood. 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 Chairwoman Oliva, seconded by Member Simon, and duly carried, to DENY the relief requested with respect to the addition to the garage and accessory container and shed(s), as applied, and to GRANT a variance with respect to the accessory barn, as shown on the survey amended July 28, 2005 by Peconic Surveyors, P.C. and shown on the elevation and length/width diagram prepared by The Tandy Farm revised 1/15/05, and to GRANT relief for the as-built location shown on the survey amended July 28, 2005 by Peconic Surveyors, P.C. of the 25.4 ft. by 35.8 ft. accessory garage (without extension), shown on the 9-26-03 diagram prepared by The Tandy Farm except that the setbacks shall remain as-built at a minimum of 20 feet from the northerly front yard lot line at its closest point and 25 feet from the northerly front yard lot line at the opposite corner, subject to the following Condition: That a length of screening be planted and maintained for a minimum of 42 linear feet on the north side of the existing garage. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. 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, Simon, and Weisman. Member Dinizio was absent. This Res io~as dj!) ~doPted (:-0). Ruth D. Oliva, Chairwoman 10 /06 Approved for Filing av APPpALS BOARD MEMBERS Ruth D. dliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTH OLD Tel. (631) 765-1809. Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 9, 2006 ZB File No. 5618 - TIMOTHY STEELE Properly Location: 13795 Oregon Road, Cutchogue CTM 83-2-10.16 and 10.18 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 further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant has submitted a survey prepared December 12, 1995, amended April 14, 2004 by John T. Metzger, L.S. of the entire 16.77 acre parcel, including the location of their single-family, two-story home, accessory garage and swimming pool. Also shown is an (as-built) accessory storage structure and proposed barn, proposed addition to the garage, and proposed storage structure (container). The applicant has also submitted a second survey map, prepared June 26, 2002, amended July 28, 2005 by John T. Metzger, L.S. concerning 2.93 acreage, apart from the remaining acreage (farmland with Suffolk County Development Right Restrictions). BASIS OF APPLICATION: Building Department's April 23, 2003 Notice of Disapproval, amended May 20,2004 and January 28, 2005 citing Sections 100-31A(2-c) concerning a barn (building #1) proposed at 38 feet from the rear yard line instead of the code-required 75 feet. Also cited is the accessory nonconforming garage (building #2) placed in a side and front yard location, and then a proposed 16 ft. extension to the as-built garage in a side yard. (The building permit in 1996 under # 23399-Z allowed an accessory garage based on a request to built only in a rear yard location.). The third and fourth buildings are for storage in a front yard location. All construction was requested in a yard other than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on March 31, 2005, June 2, 2005, and January 26, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the properly, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting variances concerning the following: as-built 25.4 by 35.8 ft. accessory garage, proposed 16' x 25' addition to the as-built accessory garage, 8' x 25' shed, 30' by 80' accessory barn building, and as-built location of an 8' x .' Page 2 - March 9, 2006 ZB File No. 5618 - Timothy Steele eTM No. 83-1-10/16 and 10.18 22.3' accessory shed, as shown on the survey prepared December 12, 1995, amended April 14, 2004 by John T. Metzger, L.S. ADDITIONAL INFORMATION AND AMENDMENT: During the public hearings, numerous discussions were held regarding the applicant's nonconforming locations of the storage container structures and proposed 8' by 25' shed, as well as the proposed garage extension. Adjacent landowner(s) representatives also spoke with concerns and objections to the requested variances (please see hearing transcripts for detailed statements of verbatim testimony). APPLICANT'S AMENDED SURVEY SITE MAP: On August 1, 2005, the applicant submitted an amended survey site map, dated June 26, 2002, amended July 28, 2005, by Peconic Surveyors, P.C. correcting the property boundary lines adjacent to the right-of-way, and relocating the 8' x 25' accessory shed to the eastern yard area at the rear of the dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of relief will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property contains buildings, of which only two (dwelling and swimming pool) were issued certificates of occupancy on this 2.93 acres of residential property. The applicant's residential property borders a separate, adjacent private road which provides access to neighboring dwellings under construction near the Long Island Sound. The applicant requests a variance for the as-built 8 ft. by 22.3 ft. storage container structure in a front yard. Also proposed is an accessory 30 ft. by 80 ft. barn, 28 feet to the top of the ridge (midline at 22 feet), in a location at least 38 feet from the eastern lot line and 90 feet from the northern lot line adjacent to the 50-ft. wide right-of-way as modified to be in a rear yard location. A new accessory 8 ft. by 25 ft. storage shed is also proposed, and applicant has modified the request for this shed in a permitted rear yard location at a minimum of 52 feet from the eastern lot line (instead of the original request near the right-of-way at the northern boundary line). The 16 ft. by 25 ft. addition is proposed on the westerly side of the existing accessory garage which is a front yard and proposed to be only 20 feet from a 50-ft. wide right-of-way. No buildings or structures are permitted to be located in a front yard area, as confirmed in the Building Inspector's Notices of Disapproval because they are required to be in a rear yard. The rear yard is a large area available for placement of accessory buildings as an alternative to the applicant's requests. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's alternatives are: (a) to propose an addition to a garage in a conforming rear yard location, or to locate an accessory garage building in a conforming rear yard location, rather than a front yard, (b) to locate the accessory barn and other accessory structures in the rear yard which is open area. The rear yard consists of over a half acre of available land area for alternative locations of accessory buildings. 3. The variances requested are substantial. The buildings are proposed in non-permitted yard areas. 4. The difficulty has been self-created. The garage as exists, the addition as proposed to the garage, and the metal storage container were built without written town approval. , Page 3 - March 9, 2006 ZB File Np. 5618 - Timothy Steele CTM No. 83-1-10/16 and 10.18 5. Evidence has been submitted to suggest that the requested variances in this residential community will have an adverse impact visually on the physical or environmental conditions in the neighborhood. 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 Chairwoman Oliva, seconded by Member Simon, and duly carried, to DENY the relief requested with respect to the addition to the garage and accessory container and shed(s), as applied, and to GRANT a variance with respect to the accessory barn, as shown on the survey amended July 28, 2005 by Peconic Surveyors, P.C. and shown on the elevation and length/width diagram prepared by The Tandy Farm revised 1/15/05, and to GRANT relief for the as-built location shown on the survey amended July 28, 2005 by Peconic Surveyors, P.C. of the 25.4 ft. by 35.8 ft. accessory garage (without extension), shown on the 9-26-03 diagram prepared by The Tandy Farm except that the setbacks shall remain as-built at a minimum of 20 feet from the northerly front yard lot line at its closest point and 25 feet from the northerly front yard lot line at the opposite corner, subject to the following Condition: That a length of screening be planted and maintained for a minimum of 42 linear feet on the north side of the existing garage. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. 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, Simon, and Weisman. Member Dinizio was absent. This Res io::as dj!) ~doPted (~-O). Ruth D. Oliva, Chairwoman 10 /06 Approved for Filing av f" ...,... ""'" -....I WILLLIAM WICKHAM (06-02) ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE III MELVILLE, N. Y. 11747 631-298-8353 TELEFAX NO. 631-298-8565 631-249-9480 FAX NO. 631-249-9484 January 31, 2005 Town of South old Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Tim Steele (Appeal # 5618) Premises: 13795 Oregon Road, Southold, N.Y. SCTM # 1000-83-2-10.16 and 10.18 Ladies and Gentlemen: Enclosed are seven sets of the following pursuant to your request: 1. Amended Notice of Disapproval dated January 28,2005. We have clarified that what was described previously as a proposed accessory garage is a barn which Mr. Steele needs for his farming operation on the premises. 2. Survey prints - the actual proposed barn size of 80 X 30 has been noted in pencil, and prior to conclusion of the matter, a final map from the surveyor will be obtained. 3. Sketch showing height of proposed barn for which variance is requested. This is the same as submitted to you with our amendment in October, '04. However, I have added the midline of the roofs. Please advise ifthere is anything further you require, Very truly X rs, AAW/dm l/shdzba Ene!. c ....... y ...: \ ~\D. \ , \ tt " '" , , / (j -z. V-D.'(j) of. 0- ,.~ ,,~ ~ ~3, /~ --Z", f)'b" ....... , " ~. t~ ~~ '-\\\ l' . / c: ,Q ..; ~ , 'l ~ 0 ~ <:. -- 1l '" ~ <:. - ,,":) C;) ~ ~ l .-- \J ,. Cr 0(< ~lbO ~ (jU' ~. \ , ~\ \ u:.' . - - \0 - . o ~.. \ '. . ' , , \ .. " 'lll ~ ", \ ..... \f' ' . \ 0': \ ~\ ~\ .r; ~ c:.~ - \ ~ o \ ~ a:> \ .) -- 8 rJI ~h . (~ l(j ! ~, ~ .; \- ~ ! tii . ' ,..1 ~ I r---' I I . ~ ~ i I ~. .- /Ir ./ .~ '. / ,,/ - ~-o y~\ , ~o \- I .'~ / ~6 \0(1) 7. A' ... ... .... "I.c:, ~ - \D o i' . ,:>/"" , . " " \.U /' ... ,0 ~ ~ ...0 // ,tJi. ~ ~. v' / \,.-/ / -- . . / NOV-10-2005 10:10 FROM:WICK~ ~RESSLER 631 2988565 - LJ-!.fi--A-/ ~:Ja~~ 1....J._ i-)~~5 &,deJ~d. 7-15 -jP 5b( [(- . II('W '" ""'" -..--.............-...---- ;;ll.: f~659064 '- ...; P.001/001 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. 13(115 MAIN ROAD. P.O. BOX 1424 MAITITlICK. LONG ISlAND NEW YORK 11952 WILLUAM WICKHAM (01i-02) ERIC ,I, BRESSl.ER ABIGAIL A. WICKHAM tYNNE M. GORDON JANr,r GEASA MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE III MELVILLE. N. y, 11747 631-298-8353 TEtEFAX NO, 631.298-8565 631-249.9480 PAX NO. 631-249-9484 Nl)vember ] 0.2005 Town of South old Zoning Board of A' pea Is 53095 Main Road, Post Office Box 1 ] 79 South old, New York 11971 Rc: Tim Steele (Appeal # 5618) Premise.,: 1~795 Oregon Road, Southold, N.Y. SerM # lOOO-8~-2.10.16 and 10.18 Ladies, Gentlemen: We request that this matter be scheduled for January or FebnI3l)'. 2006. Mr. Steele win be in Oregon on work-related business on December 15th and his presence is vital to our CfUle. At the last hearing. the Board had several questions which he had to answer, as the application centers on the operation of his farming busin.ess an.d the details ofhis property. He also must attend a computer training course in Oregon during January and will not know the date until early December. He has worked with Ii nursery company in Oregon for many years, and the company is requiring that he attend this training in order to continue the relationship. If that date conflicts with your January hearing date, we will let you know iImncdlalely. We sincerely appre~jate your consideration in this matter, as his schedule is difficult to determ.ine at this time of year and the affiliation with the nurSel)' company is vital to his financial ability to continue his agricultural operation in Cutchogue. Zba/s~a ve1J1Y yours, ~~ .~ ("", APPEALS BOARD MEMBER~' Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net .-...... ~ Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 Abigail A. Wickham, Esq. Wickham Bressler Gordon & Geasa, P.C. 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 November 2, 2005 Re: Appeal No. 5618 - Variances (Steele Premises) Dear Ms. Wickham: Weare in receipt of your reply to our recent request for the status of the above application submissions. It is noted that the last survey revision, received August 1, 2005, shows a revised property line adjacent to the 50 ft. right-of-way. The file is complete and ready for a public hearing. Please confirm whether a December 15, 2005 or January 19, 2006 meeting date will be available for the final hearing. Your reply is requested by November 15, 2005 in order that the Legal Notice may be forwarded by your office to adjacent landowners with the revised survey information. Thank you. Very truly yours, Ruth D. Oliva Chairwoman NOV-01-2005 12:02 FROM:WIC~ & BRESSLER \,. -, '"" 631 298 8565 ~:6317659064 ""-:~ -..I P.001/001 ERIC .1. BRESSLER ABIGAIL A. WICKHAM LYNNE M, GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. lJOI> MAIN ROAD. P.O.130X 14,24 MATTlTUCK, LONG 151_AND NEW YORK 11952 WILLIAM WICKlIAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE. NEW YORK 11747 631-29g-835l TEI.EPAX NO, 631-298-8565 wwblaw@aol.eom 631.249-9480 TE LEMX NO, 631.249.9484 October 31. 2005 ~__o~ .....1"]><.0 "'1',- NOV 2 2005 If 57~ ! f' Town of South old Zoning Board of Appeals 53095 MaiJ.l Roael Post Office Box I J 79 Southold, New York 11971 Re: Timothy Steele 13795 Oregon Road, Cutchogue, NY SCTM# 1000-83-2-10.16 & 10.18 Appeal No 5618 Ladies and Gentlemen: Enclosed is a copy of our letter to you dated July 29, 2005 enclosing seven prints of the revised Steele surveys. Please advise ifyoll cannot locate them in your file. Regarding alternatives, the revised maps show that the proposed storage shed has bcen relocated to the South side of the proposed barn as suggcsted by Mr. Goehringer. The applicant requests that the as built storage sbed remain in its current location. It is heavily screened with arborvitae, it is in a location eonvenicnt to the owner's agricultural operation. and is not dissimilar to other sheds in the area (j,e., Mr. Corso's sheds). This loclltion is where he needs storage for dry, non-chemical items like pots, potting soil, and stakes. To move it next to the garage would mean eliminating old growth cherry trees which he bas preserved. Moreover. the property immediately to the North (fronting 011 Ll Sound) was sold and all vegetation stripped since this application was made. The likelihood is that an expensive house with extensive landscaping will be built at this location, completely serccning the house from the road and consequently the shed. ]!:Jl[I~ Abigail A. Wickham O/.thd:b(JsMet AAWiil . - ,--. - ,..A, ___ '.f.. fr-'" .... ","J OFFICE OF ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 h ttD :llsouth oldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET ol9J'- fr ~~ FROM: DATE: RE: ()J~in/~ dr~~U7'11 ~t-.. ?e.19 yItn /1 TO: 7 I /3 12005 (p I cJ... 105 Age~da (.er (-I~ -u-p II /. ~ d:-. ~~/P cf-.-tJ U'A Y ) MESSAGE: <'>4 Correspondence or related attached regarding the above for your information, fJ~ /'7J~ .,a;r,<.G0 l~-iJ ~ Ar~J ~ A A Tf 7''l .Jd.ff7jJ I 1.1.'/..".1) ., .6~.1 1...(, . ~ y "-1' (1M Thank you. Pagesat~ched: ~. l; ~ ~ JHl"'1 .::1.1 "l::);:) 001' "'W'" :oVV' HVLU J:lU1LU1N<.; bdl '(b~ ;;I~0Z P.i c FORM NO.3 .:; NOTICE OF DISAPPROVAL .... DAT!!:, RENEWED&AMEND : May 20, 2004 RENEWED & AMEN D: January 28, 2005 TO: Gail Wickham Ale Timothy Steele 13015 MainRoild Mattituck, NY 11952 Please take notice that YOur application dated January 16, 2003 Location of property 13795 Otelwn Road. CutchollUe. NY County Tax Map No. I 000 - Section .lU Block 2 LotJO,16 Is returned herewith and disapproved on the following grounds; T e ro osed constructi n is not e mitled unuant to Artfele II which states: .!2;inciDaI rear vard setback is 75 feet. AI e d The "as bum" storal!e container (noted as buildine: #4) is noted as beine: in the side vard. . all in the side IS not JAN 31 '05 01:37PM SOUTHOLD BUILDING 631 765 9502 P.2 o The monosed construction will extend the accessory garage from the side yard. oartialiy into the front yard, This permit was amended on May 20, 2004, to clarify issues, and on January 28, 2005, to address changes to the application made by the applicant. Total lot Coveralle will be +/. 19 percent. ",.- ..... '~-'" '~t".""" ~ , , ~ , : I , f \ i , .' "- / ..1 ,/ , ..'., ''''', .... ,f' "-' "'AUtho~idSi~i- Note to Applicant: Any ch8IIge or deviation to the above referenced application may require additional review from the SouthoJd Towill Banding Department. -, H ..~,.."........." - cc: file, Z.B.A, JUL -18-2005 13: 46 FROM: WICKHAM ~.RESSLER "'" 631 298 8565 TO: 5659064 P.001'001 ;/(~ WILLLlAM WICKHAM (06-02) flUC J. BRESSLER ABIGAIL A WICKHAM LYNNE M. GORDON JANET GEASA LAW Off'ICES WICKHAM, BRESSLER. GORDON & GEASA P,C. 13015 MAIN ROAD. P.O. BOX 1424 MA TIITlJCK, l.ONOISlAND NEW YORK 11952 MELVILLE OffICE 275 BROAD HOLLOW RD SUITE III MELVILLE, N. Y. 11747 631-:198-8353 TELEFAX NO. 631.298.8565 July 18.2005 Town of Southold Zoning Board of Appeals 53095 Main Road. Post Office Box 1179 Southold, New York 11971 Re: Timothy Steele - Appeal No. 5618 Premises: 137?5 Ore~on Road, Cntehogne, New York SCfM# 1000-83-2-10.16 & 10.18 Ladies/Gentlemen: Responding to Ms. Moore's correspondence concerning the above appeal, we have made yet another request to Peconic Surveyors to ask they immediately provide our client with the map he need:s to provide thc Board with the information they requested. We have made numerous calls to Peconic Surveyors and will continue to diligently pursue this. The inaccurate characterizations of the rea~ons for tbe time elapsed in this matter and issues of code compliance are, to the extent relevant, more properly addressed at the hearing. However, please be assured that Mr. Steele has attempted to work with the Town on this matter through-out, and is most anxious to have it concluded. Unfortunately, the litigation brought by Ms. Moore's client against the Steeles in other issues has only added to the animosity in this matter. 'Z' Abigail A. Wickham AA W/dm Encl, Shthba<'.x, ceo' P. MOON:. E.~. I.--- _..-~~..._,,,,,,,,,- ...._-,-~"._-,.. ""'....._,,-,~'''->- ., - -- ( . '^ '.... 1 ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICE~ WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, p.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com 631-249-9480 TELEFAX NO. 631-249-9484 July 29, 2005 RECEIVED AUG - 1 20(15 ~~lG~ALS Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Timothy Steele 13795 Oregon Road, Cutchogue, NY SCTM# 1000-83-2-10.16 & 10.18 Ladies and Gentlemen: Enclosed please find seven prints of the revised Steele surveys from Peconic Surveyors. 'aJ~ Abigail A, Wickham 30lshdzbastee! AAW/jl r- "1 o TIt& TtUtdy FarHCI 13795 Oregon Road Cutchogue. New York 11935 Tel.: (631) 734-5169 Fex: (631) 734.5174 Timothy T. St....le Cf- 2(P~0.3 Ap~5 /,u.\.U-.6. Go.a:-L. CNrrJ. +' :\?...+'u(t. _~rO~o. l+~k.+ IS-'la" OCT 4 2004 .., '.111 1(" .,'~ 35'~;2. ,. )It. (w44 K:- I " 1 r .9,~\ 10 J> I . + i 1S'9" '1.....i! ~ I ~~C'~ )H. S ~\~ . ..- ;2.1' 'f /' ~ ..) I ~ \5 u'.~ rp'" /"f.,; 1 >- c!>t.D I ., ". Q) I ~A~ I ~~1S ~ C9c~ I ~~ c;"..~~ ^' 3r~ U,c'P Po p+l. - +l... .., $(M... ""Lo re_041\& <-r-:~ c 8 rite, r IUUIy Fa,rH(; 13795 Oregon Road Cutchogue, New York 11935 Tel.: (631) 734-5169 Fax: (631) 734-5174 Timothy T. Steele ~ ~a..Vk- ~AA_ ~ t!) \fen.. 1-tFm- b - ~ i ~ ~ . c Ij .. j:Q ~ L.L 2 + - cI ... E <;:) (b it - 1 I I , 0 I I- I .. I I~ a ,~ c . -J. I -~ M~ R.---. f ',' \ '~~ i='1'CW\ View r - 110 N. ";!-..-.r IP-~-()'1 Gei 4 2G04 I'..~ '(1 "',- , cQ - ,'0._ -' '101 -'lS'1 .~ a- ~t\_. ~ ,.. ~ \1\ ~Ji\'': '..l ~o I 2 ~'~~~f~~ l' ~-' " J -~ , c " .. - - - 00 () ... " i ~ I I I , 1 (' .....~ ~ . ...J"'" ". jtt~ ~$)-- o i-.J': ~ ~~ .0-- ,w ^ -, ,...... .?/ P H - ~t ~~ 1-. . ... - " .~ ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.e. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 63 I -298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com October 4,2004 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 .- ....,---_., . WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 63 1-249-9484 OCT 4 2004 Re: Tim Steele Oregon Road, Cutchogue, NY SCTM#1000- Ladies and Gentlemen: We enclose the following papers in support of the variance application: I. Plans for partially as built/partially proposed garage. 2. Photos and sketch for proposed barn/garage on east side of property. The building shown is an existing older barn in Cutchogue which the applicant would like to replicate. The barn reflects the North Fork character of historical barns. 3. 1<~vlS<iJ p~~lC:t- ~Io",. Very truly yours, P!j/~ 30lshdzbava Abigail A. Wickham end AA Wltb c :> /Z.<!VI~ loHlo,-/ PROJECT DESCRIPTION (please include with Z.B.A Application) [----:c: -. -. OCT 4 2004 Applicant(s): TIMOTHY STEELE I. Ifbuilding is existing and alterations/additions/renovations are prooosed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimension/size: garage: oermit for 14 x 21.5 301 SQ. ft. Square footage: Actual built and oroposed: 5].8 x 25A . 1.3 I 5 SQ. ft. Total Two accessory sheds 8 x 25 200 SQ. ft. each Recycling bin on existing garage 7 x 22 154 SQ. ft B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimension/size: Prooosed 18 J( ge go)( 30 KeV'l$~ . Square footage: 4.668 ,~. ft 2.'100.- II. Ifland 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: a) 2 accessory sheds for agricultural use (one "as built") b) garage for residential and agricultural use "as built" c) Prooosed garage for vehicles and storage N. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Landscaoing and large setbacks. created to maximize privacy and visual impact of neighbors. are what has actually created the need for the variances: sllCcifically a) extensive screening on West (Right of way) side oforopertv b) mature cherry trees to East of garage. c) extensive screening in the northeast comer. and d) large setback of house from right of way and _farm-I. V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 Please note: Further changes. after submitting the abave informalion. must be place 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 nol sure. Thank you. -.,..,....,.... c o PROJECT DESCRIPTION (please include with Z.B.A Application) Applicant(s): TIMOTHY STEELE 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: Dimension/size: garage: permit for 14 x 21.5 301 sa. ft. Square footage: Actual built and proposed: 51.8 x 25.4 . 1.315 sa. ft. Total Two accessory sheds 8 x 25 200 sa. ft. each Recvcling bin on existing garage 7 x 22 154 sa. ft B. Please give the dimensions and square footage of new proposed foundation areas which do not extend bevond the existing building: Dimension/size: Proposed 48 x 96 Square footage: 4.608 sa. ft II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: Ill. Purpose and use of new construction requested in this application: a) 2 accessory sheds for agricultural use (one "as built") b) garage for residential and agricultural use "as built" c) Proposed garage for vehicles and storage IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Landscaping and large setbacks. created to maximize privacv and visual impact of neighbors. are what has actuallv created the need for the variances: specificallv a) extensive screening on West (Right ofwav) side ofpropertv b) mature cherry trees to East of garage. c) extensive screening in the northeast corner. and d) large setback of house from right ofwav and _ farma. V. Please submit seven (7) photos/sets after staking corners of the proposed new construction. 7/02 Please note: Further changes, after submitting the above iriformation, must be place 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-/802) or Appeals Department (765-1809) if you are not sure. Thank you. c ~ --' QUESTIONNAIRE FOR FILING WITH YOUR Z.O.A. APPLICATION A. Is the subj~t premises listed on the real estate market for sale? '1Yes ~o B. Are there ao/'proposals to change or alter land contours? D Yes c:vNo C. I) Are there any areas that contain wetland grasses? No. 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond area, have you contacted the office of the Town Trustees for its determination of jurisdiction? D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (if not applicable, sate "n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (if none exist, please state :none".) Except new pool fence, approved by the Building Department and CO issued and nursery fencing. F. Do you have any construction taking place at this time concerning you premises?No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel?IO. I 7 If yes, please explain where or submit copies of deed. H. Please list present use or operations conducted at this parcel Residence/agricultural and accessory and orooosed use same 7'- z~-o';/ r-- ......... :) SEQR I PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESMENT FORM For UNLISTED ACTIONS Only PART 1- Project Information (To be complete by Applicant or Project sponsor) 1 Annlic:mt/Snonsor ? Proiect N~me I TIMOTHY STEELE 3. Project location: Municipality County I Cutchogue/Southold Town Suffolk 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) N/S Oregon Road between Cox Lane and Bridge Lane termini 1000-83-2-10.16 and 10.18 5. Is proposed action: (X) NEW (X) EXPANSION ( ) MODIFICATION/ALTERATION 6. Describe project briefly: a) One as built and one proposed 8' x 25' agricultural storage sheds b) 51.8' x 25.4' garage as built with 7 x 22' recycling bin c) 48' x 96' proposed garage 7. Amount of land affected: I Initially: 4 acres: Ultimately: 4 acres: 8. Will proposed action comply with existing or other existing land use restrictions: ( )YES ()()NO 11'00. describe briefly: I Setback/vard variances required 9.What is present land se in vicinity of project: (describe): (X) Residential ( ) Industrial ( ) Commercial (X) Agricultural ( ) Park/Forest/Open Space ( ) Other 10 Does action involved a permit approval or funding. now or ultimately from any other Governmental agency, (Federal. State. Local)? ( ) YES (X) NO If Yes, list agency(s) and penn it/approvals: II. Does any aspect of the action have a currently valid permit or approval? (X)YES ( )NO If Yes, list agcncy(s) and pennit/approvals: CO's for other structures 12. As a result of proposed action, will existing permit/approval require modification? ( )YES (X)NO ffYes, list agencv(s) and permit/approvals: I certify that the information provided above is true to the best of my knowledge Date: / /~ If the action in the Coastal Area, and you are a state agency, complete Coastal Assessment Form before proceeding with this assessment. I; ti.'. k ',' ~,I )'. . ()"c ,~...t c :r '" , " " ,~ '.',-' ~ d-~~' \ ,'I "I' . Co' " " ~ :' .. . , , ' " ;-..., 'Y ~ l' , .' r ; ~c. ~ , " , , ." ) I'" "-' TO: 7345174 -, P:2/2 JAN-1-1999 12:01P FROM: ~/ , , , APPLICANT TRANSAc.nONAL ))lSCLOSURE FOlU\1 The I own of Southold', Code of Ethic, nrohibit, conllict.,; of intcrest on the o~rt of Town offictrs ;!.nd eT1loloye~e I!!!!Ilo$e Oflhi, form j, to orovide information. which cnn alert Ihe Tvwn of ~,ible conflicb ofinterc~t nnd allnw it to lilke whatcver aClion is rlecc"Q~vllid same, YOU" NAME: STEELE. liMO IHY ANI> .1EANNf. STEEL r. - - (Lo.l name, Ii"" name. middle initial, unless yoU are applying i,'lhe name of sumeone else or olhcr entity, ~IICh as H company. If so. indico.te the nlll4~r pCDOll or eOlllpany nallle.) NATUNF. Of ArPLlCATION: (Check all tho' llJ'ply) I ax Grievance Variance X-- Change uf lone Approval ufP'at Exemption from Plat Or Offici><1 Map Olhe. W'Other" , N"mc activity: [)Q Y"u peT>unally, (or through your company. spOllse, sibli11g. p"tcnt, or child) havc a ,-elatiunship with any officer or employee ofthe Town of Soul hold? "Relationship" included by hlood, marriage, or businc," interesl, "I:\usine" inleresl" means" hus;nes>, including a parlllcrship in which the Town officer or employee has ev,'n n panial ownership uf(or ernployn1ent by) a corporalion ill which tIle Town oflieer or employee owns more rhal w. of the ,hnre.. YI:!', NO X If yo I' answ.;red::vFS", cu",!,lelc the bOl.~11ce orlhi, limn ami dale and sijl,n wherc indi""lerl. Nalne of pcrson eonployed b} Ihe 'I own of Sou tho hi: nile or position oflhal pClson: __ - -- Describe thai relation ship hetWeell yourself (lhe applicanl) and the Town uDieer or cmployee. Either check the appropriate line A through I) (beluw) nndior described Ihe relationship in Ihe 'pace provided. Ihe Town officer or emph)yec or his or her spuuse. sibling.pal-ent. or ehild is (check alllhlllll.pply): _ _ _ M The owner of ~rcater lhan 5% of .hore, of the ""rporate ,lock ofllle applicanr (when the applicant is a eurporaliun); __ ~) lh. legal or beneficial uwner of any illlereSI in II non-corpurllre enrity (when the applicant is nOT II <:urpnlarion): _ C) an omcer. direclur. partner. or employee or the applicanl; ur __ 0) rhe actual applicant. Ua:;SCRIPTlON OF RELA T10NSIIIP Sij;nnture: ~~ I'rinl Name: ~F iil[;[LE Submined thi,~J dav of S ignatur ' I'rinl Name:: liMO I JAN-1-1999 12:01P FROM: TO: 7345174 P:2/2 ~ ....... .~ APPLICANT TRANSACnONAL ))lSCLOSURE FORM The I own ofSOUl.hold'~ COlle ofElhies orohibits conniet.~ ofinlcresl on the Dart of Towll offjc~ ;!.nd eJ1\Dlove~e ID!!I!ose of Ihis form ;~ to Drovide int'orn,ation, which can aienthe Town of ~sibl~ eQl1f1iCl> of interest and allow ilto lake whatcver action is neccssa.!YJQ.n.void same. YOUR NAME: S'lliELF.. IIMOIHY ANI>.1EANNI".STEEl.r: - - (L.a.t name, first namt. middle initial, unless you are applying ill rhe name of sumeone else or olher ent;!)., "Ich as" company. If so, indicate lhe mileI' persnn or clllllpany name.) NA TURF. or API'L1CA TION: (Check alllh.t opply) I ax Grievance V uriance Change uf lone Approval of Plat Exemption from Plat Or Offici", Map Othe' w'Other" , Namc activity: .1L- - -- Do ynu personally, (or through your company. spOllse. sibling, parent. or child) haw a relatiunship with ullY officer or employee of the Town uf Soulhold? "Relation~hip" included by hlllod. marriage, or business interest. "Ilus;ness interesl" means a business, including 0 partnership in which the Town officer or employec has eVl'n n partial ownership ul'(or employment by) a corporation in which the Town oClieer or employee owns more that W. of the shares. YI:~ NO X Ifyo\1 answered "YES", cOlllplctc the balance oflhls torm and date ami silln where indicalerl. N3II1e ot'pcrson "nployed b) rhe 'Iown ofSOlllhllld: fille or POSiliol1 Oflhall'crson: -- - -- Do~crihe that relation ship hetween yourself(lhe applic3f'I) and Iht Town onicer or employee. Either cheek tbe appnlpriate line A IhrouGh 0 (below) andior described Il,e relationship in Ihe space provided. rhe T uwn officer or employee or his or her spoose, sibling, parent. or child is (check all Ihlll apply): _ _ _ ^) the uwner of b:rcater II",n 5% of shares of the "urporate. .lock oflhe applicant (wl",n the applicant is a cUrpDr.ltiun); _ 1:1) Ihe 1cgol OT beneticial owner of any illlerest in a non-corpul'llle entity (when the applicant is not a corporation); _ C) an oClieer. direetur. partner, or employee or the applicant; ur __ D) rhe aelual applicant. Ol:;SCR1PTlON OF RI':LA T10NSIIIl' ~ Si\:.lllIlure: ~~ !'rinl Nalnc:~E Sit;[LE ~ubmitted this#3 davof Signatur' - !'rinl Name:: ilMO I __.__.._____v__ "'. I..... '-' o~ ~ Q, . ... ... -::~ti:. \\ __ '--',to' \ \ {f ,\ '~\\':o. &o~ _-C0ooa' . \. \ _- I ," ( .. c '- ) '.','.. ....... ./-"'--' . ,t.., ~~'If' ~ $ .............- . . ~() tl ...... ~ ",..c:. J.ffl, · N .... . ~ !i. ~ ...... ~ -~ ~ () .' 'tl.... \$) ~.~~ ... ~ ~~v .t\t+~ '~ . ' o~~~~('< //~l~~,. ~ .v"~/ ~~\ ~ ,~ ~{;\ ' Cr-'" ~~ \ Vf:P 1,'~:'~' \O~Otf .\{~ \ +, () /": . . ~. / U'~-' ~, !~O<<C'Y ' ~'or:\ V ' ~ "~- /~~ /'^---<>'I>: . i -'>- "\, ~ l CJ) , . 0 " 0 . ~ <;: := ;:. ~ ~\O.., _ .", ii ~ ( ~~'l t"\. , ~ \l / ~. ~~~ ~;C; O~ ~/\ ~~t' / " . , \ ". -. ":j"_,<,c-",,_",""o,.,;,.. 0') ~~ 00 SV \0 ~ -1.0 , _\~ ..::r GO J , .,/ /' "I" 1 .-- ",'. -I ~.. '-.-.... JAN-1-1999 12:~lP FROM: r" - TO: 7345174 ""'" P:1/2 -- CONSENT Re: 13795 Oregon Rout!, Cutebogue, Ntw V"rk SCTM# 1000-83-2-10.16 aDd 111.18 L TIMOTllY STl:m.1:: and JE^NNI::. STEm.l:, the owner:; of the aboYl; referenced pwpel1y, consent to Wickham, Rresslcr. Gonlon & Gea~a- P.C" and their engineers, agenls. or olher contra~1.ors retained hy any of the above and any of their Il'presentatiws ancl/ur agents, to make nppl icatiolls necessary for the approval of construction of various structures and make such inquiries and suhmissions as may be requircd for approval of a variance application to thc ToWll of South old Zoning Roard of Appeals, and uny other aUlhorities or agencies having Jurisdiction over said prcn1isl:s. and for any other mailers required to obt:l..in such variance. Such applications l:lhall include all matter:; in conm;ction therewith. Oatcd: September 2;3,2004 ~~~. ~~~~;; - h=s~ 11 ',:om,'" MAY 20 '04 09:47AM SOUTHOLD BUILDING 631 765 9502 P.l c ,..., '-' FORM NO. 3 TOWN OF SOUTHOLD BL'ILDING DEPARTMENT SOUTHOLD, N.Y. TO: Gail Wickham Ale Timothy Steele 13015 Main Road Mattituck, NY 11952 NOTICE OF DISAPPROVAL DATE: Apri123, 20~~ RENEWED & AMENDED: May 20, 2004 Y 6\\'Y--\\v\ Please take notice that your application dated January 16, 2003 For permit for additions to a nODconfornUnl!: accessory l!aralle. an "as built" accesSOry shed. construction of an accessory shed and construction of an accessory IZaralZe at Locati.on of property: 13795 0re1!:on Road. CUtchogue. NY County Tax Map No.1 000 - St:ction 83 Block 2. Lot 10.16 Is returned herewith and disapproved on the following grounds: The nronosed construction is not nursuant to Article ill Section 100-33. which states: "In the AllI'icultural-Conservation District and Low-Density Residential RoSD. R-12D. R-200 and R-40D Districts. acceSSOry buildinl!s and structures of other accessory uses shall be located in the reouired rear yard. subiect to the followin1!: reouirements. A. Such buildinl!:s shall not exceed 18 feetinhei2:ht." The nroposed accessory barn (noted as buildinll: #1) exceeds 18 feet in hei2:ht and is located nartially in the front yard. Althoullh the existing nonconfonninll accessory llaralZe (noted as bllildinll: #2.) was issued a nermit in 1996 lBP#23399Z), the 2ara!le was olaced in the side yard. instead oithe aooroved rear yard. The "as bllilt" storalZe container (noted as buildinlZ #4) is noted as beinlf in the side yard. The nrooosed storall:e container (noted as buil9ing #3) is noted as beimr narti@1ly in the front and side yards. In addition. the Drooosed addition to the existing gara2e (noted as bui1dinlZ #2). is not cermitted pursuant to Article XXIV. Section 100-242A. which states. "Nothinll in this Article shall be deemed to nrevent the remodeling, reconstruction or enlulZement ora nonconfbrminll: buildin1!: containing a conforminll use. WOvidcd that such action does not create any new nonconformance Q! increase the dCll:Iee of nonconfonnance with regard to the regulations oertainine: to such boildin~s." MAY 20 '04 09:48RM SOUTHOLD BUILDING 531 755 9502 P.2 "" """'" I "-' ~ The pronosed construction will extend the accesSOry e:arae:e from the side yard oartia11y into the front yard. . This permit was amended on May 20, 2004, to clarify issues. .........., ...........1 .. r ~ ",;>' , t " i ~ ;' ." ;. (.,,\ -' ~"r~') 1/ . ~":'A~~6fiz~' ~gllat~ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. cc: file, Z.B.A. ~~ 1 \ ' . "'If!'. ,J'" r ::t ~~ yI~>\\1 '" ....... """" --I FORM NO 3 TOWN OF SOUTH OLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 23, 2003 RENEWED & AMENDED: May 20, 2004 TO: Gail Wickham AlC Timothy Steele 13015 Main Road Mattituck, NY 11952 Please take notice that your application dated January 16, 2003 For permit for additions to a nonconforming accessory garage. an "as built" accessory shed. jonstruction of an accessory shed and construction of an accessory garage at " Location of property: 13795 Oregon Road. Cutchogue. NY . County Tax Map No.1 000 - Section 83 Block 2. Lot 10.16 Is returned herewith and disapproved on the following grounds: The proposed construction is not pursuant to Article ill Section 100-33. which states; "In the Agricultural-Conseryation District and Low-Density Residential R-80. R-120. R-200 and R-400 Districts. accessory buildings and structures of other accessory uses shall be located in the required rear yard. subiect to the following requirements. A. Such buildings shall not exceed 18 feet in height." The proposed accessory bam (noted as building #1) exceeds 18 feet in height and is located partially in the front yard. Although the existing nonconforming accessory garage (noted as building #2) was issued a permit in 1996 (BP#23399Z), the garage was placed in the side vard. instead of the approved rear vard. The "as built" storage container (noted as building #4) is noted as being in the side vard. The proposed storage container (noted as building #3) is noted as being partially in the front and side yards. In addition. the proposed addition to the existing garage (noted as building #2), 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 nonconforming building containing a conforming use. provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." I'- "'"\ "'" . ""'" The proposed construction will extend the accessory gm:age from the side yard partially into the front yard. This permit was amended on May 20, 2004, to clarify issnes. ~Jl~ Auth . zed SIgnature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. cc: file, Z.B.A. . \ ;-.. "- - .... ERIC J. BRESSLER AB1GAILA. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON 8. GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com WILLIAM WICKHAM (06-02) MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 September 23, 2004 Town of Southold Building Department Southold Town Hall 53095 Main Road Post Office Box 11 79 Southold, New York 11971 SEP 2 4 2004 Re: Timothy Steele 13795 Oregon Road, Cutchogue, New York SCTM# 1000-83-2-10.16 and 10.t8 Gentlemen/Ladies: Enclosed is a copy of the variance application being submitted today in this matter, pursuant to your previous Notice of Disapproval. Please sign thc bottom of the attached copy of this letter to evidence receipt. Very truly yours, 4AWlb 30'sshdbdJ Ene!. t#~ // ,;/ 1 hi 1,/ 51;/~i:';:U;J~ - i ail A. Wickham Received on September ~O()4 Southa/d town Building Dept. ~,~~~~~11 1'- c o Steele Chronology - 1996 - house completed 9/1996 building permit issued (#23707) to construct agricultural storage building in front yard - no variance required. Structure not built 1996 - building permit issued (#23399Z) for garage to be built in rear yard Mid- 1997 - Garage built in side yard (Steele thought it was also a rear yard) and enlarged to two bays and as now existing. Relocated to avoid old-growth cherry grove and evergreen buffer at northeast comer 1997 - Sold strip at North to Corso and released any right of way over it. Lot line change from Planning Board obtained. Corso's 50 foot right of way relocated to the South along Steele's northerly boundary to make Corso's lots along the Sound deeper. * Garage as it currently exists was in current location at time of sale July 2002 - Steele applied for pool permit. Garage relocation not questioned. After construction of pool, Building Department questioned proper yard placement, realizing property contained two front yards. 2002 - Steele acquired storage container and placed behind garage to store nursery materials as agricultural accessory shed Based on neighbor's complaint, Steele prosecuted for no CO on garage and shed January, 2003= Steele applied for "as built" storage container; April, 2003 - disapproved June, 2004 - swimming pool CO issued; defined east side as rear yard Remainder of 2004 - discussions with Building Department as to which was rear yard and proper configuration of line mid-2005 - Corso sold to Oregon Cliffs, LLC for approx. $1,000,000. Shed and garage in place at time of purchase. Current proposal: Approve as built garage in rear yard Approve one bay extension of garage to house accessory farm equipment Approve as built storage shed behind garage to house nursery supplies (to be painted forest green) Approve new barn on east side of property, 80 X 30 Approve new storage shed on south side of proposed barn (moved from north side of property behind barn) J~n 26 06 11;18~ o o p. I :' ~:~,' .' ~ . <~~ ~ ,.~~~ ~ A.. q... . ~....O":" . ~~ ....<5'...,~~" '.'::;; ,..:::" / . . <C- ~" ~ "~,,, , " :. '~ O. r:f ~ '.. / '_ "" "'~~O' . " .".06' ,/ ,. <~."", . .~ -,' . C).,< . " .o<f' "' . .,>>. ::::::='-":: ~.R N;l9'.e,!.O E. .' ~ ~f W '.,8';00(. . .'-~' ~ ~ T ~.;I"";--A:...ht 0 ~ tJ.72 , ~D"'.., .,.L . ;Ii ~!e~ .~""~, ~~ . -,"'-'I'~ "'"~Jf'.....t . ~~' ;56-Z .~. ~..' ',~,. . rr ;,,,ri<, 5'~" :i~Si :....~ '. " " 'r<l<J' i'!S.6'2 ~~: ,.\ 1>1- Ei9 '..., . " '-. 02.5" E.. '"'9'.q.. 95' . I .. ~11. 69-:,1 . ' iJI ;:) ", 80.~ -"."' , ... ~ ~ ?S.O;j..i;_~""'''!1. . ..t 69.!j6.~ ..........- ',-----.c... . ...t..::. o?65.ao. _. ..-- '" -----.:::: ~ , ~ ~ ~o ~ '10. ' ' -.t:?: - ....' e' ...",~.,/fb. . _ -"'V.. .... ...... . " \ 'S".A ...... 'b. ''\ ~ ~ ~ o~ ; C,-' . ;':'ii~.~t6.?$J1).(;,es' . I I I I " ~..,~... SURVEY FOR TIMOTHY i. STEELE & JEANNE E. STEELE . AT OREGON . TOWN (}FSOUTHOLD .. SUFFOLK COUNTY, NY. . 1000- 83 - CJ2 - 10.3 I . Scaf~, 1"'''' laO' 0, _._ 109- , .. , Dec. 12 1995 . 12 1ils61fr>1x*iDrIJ Sept 18, 7996ffint1/) Nov. 27,1f196 (gor. localionJ 1::-0 ~ ~. ~.'o_-6, . . 1rv. ~, ~ "~ '~ "f.~~ ~~ 'P~~O ~ ~~ "l A:)----l .-;....'" """ . ""t..~..'!:' $..,.<e " :\. 'J'fIE~a'f'.CE:RT/F.y THAT:T/iS PLAT WAS MADE BY US . - FR€J/tt AC'T.UAL SURVEYS CONPLG,TE/j APRiL 18,1995 "AND .1'ifATALL CONCRETE.MO/tIUJi/CNTS SHOWN THUS.. . E ACTUALL't 'E:XiST. AND THEJR. POSITTONS ARE " tTLY SHO. WN' AND ALL. IJIMEN. 'S1ONI<L AND GEODEnC . '. r..~ ~COR~CT. U fJlfd::;;- . \ . srSffi~~iQr "'" , CER71F'ED TO' J FIRST PIONEER FARM CR(;[)IT, ACA COMMONWEAL TH l..AND nTLE INSURANCE COMPANY RH ~ 01 TIMQTHY T. STEELE JEANNE E. STEELE . 49618 ANYAL1ERATIONOR AD/JfTtON TO THlSSLNi'~ISA ~ATION OF SECTION 7209 OF nE 1€W YCJNr .GTATE" EDUCATlON LAI: EXCEPt AS PER SU:TJOH ,7209-S1.JBDMSiON 2. Al.1. CERTFICA'naNs HEN:rJII ARE V..u.D F"OR T1'IS MAl' AM) ~$ netf:OF Ofol. Y F ~:":':m::,.wAs"L~ S&'AL OF TH!:~1IEYOl'i ADOI:1'ItINAU. y- TO CClllrl y rnm SA.. LAW THE 1EiIoI ".6L TFRm 6r ~I~~~~~L~~~r-=-~=~w 'BIfOUfIH.T-ro-DA1F ~NOT'IN COIttI"t..WICE I17TH THE t...w. BUlLDIN< FIRE DIS SCHOOL OWNER TJItIOTHY ns OCEP MIA rnruc LOTS-ADDED cEflTlFlED SIc 01126/2006 10:41 FAX Ii Ld<2Z~ I! Ii I' j I '6b'"j I' I r.?.. I I I I l{fo2 I /. I' i: i , I , II .1 Dlot. 1000 I I S"'![:'. 83 I B1k. 02 I 1 Lot ! FIDELITY TITLE .1j!J 003 \t'."ldd~~"ll .f""'\'!IMI ___....I__.....tlt_._LI._''''__I...II_~ ........_ ~""I COnsuL~TIl1I.~__ _1_t:.IIf.'IlIIIIII~.DIID"U."1II_1' /tIl - TIllS lNDEIf11JII8. matlt the I day 01 Dec.......rll . Dmlflft!n hUrJdftd and D.i1N:t:y-slll.v.~ n BElrwEEN Ullathy T. St.a1. """ J."""" P. Steele residilll at .......- r -~..._- 1379$ DreSOl' Road. -.....-----. .....nn_..... C1ltchoauc. Rev York 11935 p3n....allJu:ofir1o1part..nd Lou.is C. CorBO, resid1n.g at 13] Mulberry St:Ret:. Rev Yarkt. NY 10013. as to In und1vl<1d thirty....n. nl.'l p.reellt iDterest; IlegiJla Cor.o, re&idlng .~ 133 ltllherry Strelll.t.. )fev Yorks h 10013, iQI to an uad1v1deil tlletlty-three (2]%) percen.t iD.te'te8ti l!Ian;lca Corso, residing at. 133 lIul.e~ Sueet, lIew turk, n 10013, as to an uud:Lrlded twe:a.ty-tbree (2m percQt 1D~.n st; e.nd Luha Corso, re"tcl1n& at l33 KtJ,lberry Street, New York. MY 10013. as to an dndivided. t'Wnty-three (23%) peTee.llt int.erest. as tenant:s in eOllllOD parIJ' of1lle.....0I\ part, WI'l'1fE55E1H.lh.u die pilr11 01 thto 1\1'101 part. in ma$idnaliol!. (If 1m dullllB Qld CJ~ valuablt t.aat.:ide""iom pa;d by .he pany .f the .......a part, duos he""'" ,..nlW l'fIoas. .nto I"" party of III. ....... pan. 1II.1a:i", or 'l.I<<'t's!1ou and assigr'l' or thr JIiIrlyof IIIf ~ plrt Iorenr. ALL, ",., ..rtai.P.... pi... or ,....1 of I..d. wilb ... build;... aod ..P............. t"""",, _rd. si....., lybie aM boint iaIiIoolCli at 0.e8.O, ln tbe T..... .f SOIItho1d. COUDty of Suff.lk and St.~e of N~ York. bounded .Dd ds&cTibed a~ follows: BEGIlOJING at . point be111g the. 5outbwe.&tt!~ly COmer of the. he~elD dA8~rt"'ed. ,arcI! l being North _8 degrees 44 minutes 00 seeodds West. 1602.13 feet fr~ tho int.J~'a.ctlon of t:lle division line of the. nor~beqeerly" line of liillld DOW or f......rl" .f J.seph Ballllahury, DO.....hy E, ltu.lr......ki. MaT)' A. Bannabur,. BUd Patrl~1. A. GildersleaYe .nd the Bouthv6&terly line of land now or formerly of Timothy T. .nd Jeanue E. Steele with ~be. ~Ortbweste.Tly aide of O~gan Road: RIIIIIlING TIIEIICE frll1ll .ald poiot of beslnn1nc. North ~B desrees 4. lIIi..ures 00 seco" Is West, 160.06 feet; THENCE North 79 d.gr..s 12 minutes 20 THESeE South loB d.gr.ss 53 minutes OU 'l1mNCE South 69 degrees 56 m:luut:es 25 sec.ond.& Wesl:, 145.17 feet to tbe poiuC or place af BEtIDING. BEING AND IIttE!mED TO BE a portion of the premises cDll'l'eysd by Deed dacad 6/14/93 rec.rded 6/27/95 ~ Libe. 11730 rp 779 in the Suff.1k County Clert's OffIca, BOBJHCT to the re.trlrtlons ot tba,Southold Tawa Z~ Code. RESERVINC the pa~ty of the fi~st part the ~18h~ to lay~ iDs~11. repair. J:'eplace aDd use util:l.tie.s wic:hiR the bO\l1\da:r1es r1&ht& of 'lay wi'th:ln tbe prQparty being eooveyed henl'll. and to CODbl!ct such u.tili.t1es. t.o tbe: adjo~ ~rDPQrty of the party of the ftrst Patti SUBJECT '0 uttllty ea.....t. ot "cord for rbe benefit of Long IsIaud LlIhtIng Coqpgny aod otb.r otI11ti... SCilconds EaSt I Eiel:Onds blot" 161.06 leat; 130.69 fe.t; T()(jFTHER ..ilh an righl. titlr and ~~I"IKI. if an)'. of ~h,' f~r1)- of the 'nt part in and 10 ilnJ .IM5 aDd reradr:; ..buUlIll' Ihe' above dt-$Cf'ibnl pnmiSl!s to .he- cmh."I' lilW~ Ih~f; TOGETHER ...hh Ihr .ppIIl'1CmIn~ ~d 1lI!! the- e!ata,- and ric,hl$ of Iht part,.. af tilt' finl ..rt iQ and t:. :yid p~iK'!i i TO ItA \ "E All!'D TO .. lOLl J tb..- pmtll:Jol:"5 hnnn Iran'~ amto the party of 111.: JIOI!\,"DItd pan, thf' h!;"ln or 5UCl"t'_)f$ and. ~ o. Ih~' ..-11",). of 1M ~ part ror~lrr. AND the pan,f of 1he nrst ID-rt COvniUIt!i _t ~e pany of lht fint pn1: ha~ ~l1' door oar ~ufFc.r.rJ a,,>1hiar whenb}' thlt Aid pl'l!mim haft btcn ellf'Qrnbem:l to all)' 'lira)" ,,-tqll"l.'I!'r. t!'Jl:~ iI."i. a'OI'\'Ald. AND th. pa"y .f lIIe finl ....t. i. compIlo_ ",i.b S..li"" IJ of Ill< Lien r....... ....._. thal 'M parl)" of t" bit part win rewi:w: tb eoI'sikrarion 10( thi", ron\~"an(1:' ilnd \\.iU J'U))d tht rieht to 1'C'Cti\'e SlU'h C'OUi<I- c-ralmrt It Ilmt fund fO bI! applMd ,,. for the purpG!ot' 01 pari.. Ihl:' cost af tht impnwll'llleDta"d..ilI ~ th(. Atnt' fil'!it 10 the paymenl of thl:' OOSt of tht improv!'fth'JIl btofore U$in,::' any part ..It~tDIiII al "'~mt fOT any nther PUrpolil!. The word "party" dQln be- aJIl!l.trued 8$ if il ftild "pa.rtw,." whc'tlt"\'n (he- J.foIt~ IIf Ihi5 inklttllU kt ll'IIait"i'll.. IN W'l1WESS WHEREOF. the' party of 1M iinl part lUll" .kll)' rxct"Uled this deal thlt'~. md yt:llr first a.botc writ1l!'11. l:'ll I?E5EllCt.ol': ~ f;Pc.t/;l!F Tl.-Jt . teele Jiii.~ - ." jc".7: p;;.lL 3 F.'ite.1s ~, 01/26/2006 11:03 FAX . . II ! I ! i I I I ! i I I I I , Lt~ I (cgb~ p. 4'b~ I I I i I Illst. 1000 I Sec:. 83 I Blk. 02 Lot , I j I I I I FIDELITY TITLE Ii!I 003 .......I.IN ""III ~ ft'f .a.-............~ _'..............-.""-'... 1""'I~Lwr--_ ........._ OOllSll.T .........". ......._ lItIS w4.......,. .1l1li............,.......... .......GEI THIS INIIJtNTUIU!, m.d. lilt /, day of hc........ , .un...... no"""" ..d MDI t,....""" . BElWEEII Tt&thy T. Steel. and Ja_ 11. Staoll 'E'esUf.. at ~._............~"": tl79S Orera IoacI .....-~-I"..n.lilIoI_..._ Cutchogue.. Rev York 1191.5 Pilrlyorthclintpilrt1and Loub C. Corso, r@If.d:ln8 at 133 ItulbU'ry StTeet. Rev York.. 1IJ 10013..s ta '" undblded fifty-two (S2%) peneat l.t.....st; 1la11Da Corso. res1dlftl ac: 133 Mu.lber-ry S~reet, Rev 'fork.. n 10013, as Co au uud~rtcled twomty-four (241) p.rce.t lnter.st. "nd IIoIl1<:a Corso. r....14i... at 133 IIulberry StraAt. lev York. JIY lQQ1;J" as to an und1vWed twentY""'four (24:U ....rcent iDt:e.l'e.'i t. .as tt:nant. f.n c~n party of Ibe _ port, WI'I'NESSE'rH. lh., lh< I1UIl' ol dl. fir.. pon. is .....id........ af .m dol.... and..n.. vaL.oble CIIIISidoQt;.,' paid by lilt party of "'" ........ port, dooo h.rob)' _ .... ........ ""'" du; piny of th.; ........d pon. lbe_, or ~l1C'(t_n Ad -ens of I.... JIN'lY of In ItCOIkl JIln rart'\'er, ALl. IN, "".i. plot, pie<< a. po.... of Iond. with 110. Iooildinp ;mcI impnn........, ...... .......... ........, Jyin}:- and beint i__ at Oreaon :Ln the: 'town. of Southold, Cmmty of SUffolk aDd St:&ta of ReV' York. hounded and desc:rlbBd. as follows: III!GIIlllIllG at a poIDt belaC tbe BOutbvestel"Ly comer of tbe bel"e1n described parcd being the follovilll 1 coursea aucl 4:lstaDeea frOlll the iDtet"sec:t:ioq of 'the cllYislo1i line of th. nort:he..~te1:'11 liae. of 1&ad bOW' Dr fot'llleTly of JOSiepb llalmabury. Dorothy l. Iluskmrakl. lfa1'Y A. ~1'Y and P"tricIa A. Gild.""l"""" ....d the 8outb".sterl) liD. of 1.EUU1 ..ow or former17 of Timothy T. aDd Jeaftm!! E. St.eele vii: hi t.he nortbvestel'l, side of Oregon Road; I. North 48 decrees 44 adDnte. DO second. W..... 1602.13 f.etl 2. North 69 degrees j6 mittn~eB 25 secoads East. 1-3.11 fee~; ll1IIlIIIJiG 11IENCE frOlD sdd point of b.glnni.... Nord, 46 delte.. 53 "'-Dutes 00 ...Ol,i. We.t. 130.69 fe.t; TIIEIIr:::~ !lQ~tb 79 decrees l'IIELfI::E Soutb 48 deg'l"al!!& ~R South 69 d~gTees plac~ of BEGIllIIllIC. 12 minutes 20 seecnds East, 53 minutes 00 secODds East. 56 adnu~~s 32 seCODd$ ~st. 150.00 feet; 103.1.~ feet; 1]~.7S teet to the poldt or BEI\Ill~ AND III1'E!lDED TO BE a por'lon of tb. pr_.s ~onveyed by De.d dated 6/14/95 recarded 6/27/95 iD LIber 11730 'P 779 ia tbe Suffolk COUd'y Cle~'. Offi... SllIlJECT to .he ......leU.... of tbe Saotbold 'room ZD01... C4>.Ioo. IUlSEl.VIJiG 'tilE pnty of the Ur.t ....rt the rl.&ht to lay, iostall. repair. repla.. a.,d "". uUnties "Ubi" the _rle. richts of way within the p~er.y bet... o..._d he....ia. lOad to ........c. wek "tUlties 00 the sdjDlnlDg proper.y af .~ party of the fIrst part. SUIlJiC! to "tUity ...--t. of record for the henefit of Lool& Island LlPtlnt Catqlany and other utlUt1o.. T(~GETHER wlfh 4111 riehl. tide alld inlC'rt5I. if aD)', of 1~ pin)" of dw 6t'Jll"rt ita and. r-. an)' tll'ttU and 'oad~ .b\lltllll: lht above drsrtibc:d pnmim to thr tftItl"r linn. tht-~f: TOGETl'U~R '...ilh Ih'l" .appadnaa~ ~ .\0 It&t- otalr and rithlli of thl! party of t:hr first part in oIUld t:. said pnmisct: TO HA VE A~D TO HOLD mr: prerniY'1i Ml'tlh I1tankld unto thr pltt"v iOf lfll' ~t!COIld 1*1. lhe- t--irs or fol.n:(M.o;nnt. and a!UiiPl" of 1m' ~rty ot the- ~nd ptln f(JfnC'r. AN n INt pan:y of the nl'S1' paM ccn"m3JW dm~ th~ party of tlltr 6r.: pilrt ha,. nut alene' 01" ~Ilff(,klt 3ft~,thi"C whfrfby thr' SilId prtftIi!iC!'5 hilw ~ efIcult1bcnd man)' w;ay ...ha.~, .... t'znopt 21'" afurocwd. ^~n the- patty I'll the fi1'St pan. in t'OUlpJiabcc .nth S~tle'R 1.1 of 1M l.i!'ll Lt."" ,"I)\namls th:a lJw:. panyof thr first pln "Iin rtttiwe tt.f coRlidaatioa for thillltOn,.~ and "ttdl hald 1~ right to I'tt'ti\'f a.am cansid- rrarinn. >>.$ o\l11'11$t fund 10 bt .pPlin( fi~llor the pu~ of pa)'itlC thl' CD$t of thr i'l'l'tpl'm'rlllQl and wiD .fIJlPh- ~". Silmt first 10 tilt paymml n' dlf ~d af the impromnmt brforr usmJ:' a'I'lY .-" I'll lb. ~ of ttlt $llme foi. iln~' m.her purposP. The .....:..d "plrtY''' shalt .. COI15itNed ti if it md .'pa"ifl" 'trhmn't'r .h. kII~ ,., Ihi... i.......1R' '" l'npIires. IN.lIfl'l1llESS WliEIIEOF,'he parlJl of tlo<> first port ......lJ. ",..-.1 lIoi, .....llh. do! ond,....fiM ob.n. wrRt'ffl_ IN Jl'JIQ,EIfCf OF; c'''.- ~;t .., "-.I..~C; -...f. . TimothY T. St..l. .) (, -/, f tz.-;& ....... .. .'1. ~.. . "- ;rJ..... .. St..le ,. 1/2006 11:03 FAX FIDELITY TITLE ,,"-"'}I'I'1N..~~_C.__"-ar-w'\M-"""'C"tqI. ~_____ t~~a"'L..lM'_~~"""~ -lIElMRUIIIUT--"" ,.....'" lit....,...., L,~ l } ~ be; p; 4b6 1000 83 02 ..... or-=- 11.0<... 1./lT, ~006 -. I fI, nDS IINDEN1lJ1lll, _ .... II ... oF 1l<I.....'~.r . _.......... lOiJulty-sevn ~I'.EN T1olothy T. Stoele _ J.......... P. Steele resi4iug at -----~.--.-------- 13795 OraBDD Raad ----..---,.......... CQtchoaue, Be. To~ 11935 pony <lr 1M fin< pan. IlIId Luba Cono. reslcli118 at 133 IIoo1beny StrMt. ..... y""k. lIev 'I, rk 10013. .... to aa ulldivWed fifty-two (52%) pereeat illterest; Resina Cono. reBidi,. at 133 Mulberry Street. _ "....k. II"" York 10011. as to "" IIIUllvi.d.. ~f....r (241) pere."t I.ntere.t; _ IloDl.ca CorlSO. residing at IS3 IIiIIlbert7 Street. .... 'I, 1'10. lev ,r.rk 10013. as to an undivW;.d I:1Rmty-f...r (24%) perteat interest. 8li t_U in COIIIIIID'D.. pony 0(." _ part, wr1Nt$$ETJI. 1IIal tItt pony .r ,he lint part, in toDOioItnldon oF Teu 00/100 ($10.00) .......... pok\ Iawf.l......, af.... Ullilal_. by !he pony ar!he _ part. lIaes btnby I'lIIII and _ WI'" .... pony or.... __ pen. tIto _ ...__ ........ aod....... of tbe party of IIIe _ part romer. ALL 6ta!........ plot. pif<r... pored oFlaDd, with.he ...1dill&i IIIId i.....". '" - -.lIkaalc.1J;Da IIIld bdJl&- at Cutchap. in the TovtI .f South.ld. Ccnmty of &offolk attd State .,; N.... y""k. hdtl& boonded aDd de..rlbed a. follow, BEGIIINING at a p<ll.nt 1081118 the .....t_sterly comar of tl.e herein dellCrlb<ocl p""""_ bdllll the follDViDg tvo c.......e. aod diat"""ea froe the illtersettinD of the divia;... 11"" of tM ....rtheast.rly U... of 1IIIld """ ar fo"",,,rl)' of Jos.ph _h".,.. Domlthy E. au.kowski. Rary A. Ilamoabu<y BUd p,.tri~ia A. Cl1l.dersleeve aM the aoutllvestet'ly ltne of 1an4 tuN or fotwerl,. Df 'rhIot:hy T.. Steele.. Jemme 1:. Sb! de with the llOnhwellterly vUe of Oregoa. had; 1. ~.rth 48 degrees 44 minutes 00 secouds Vest. 1602.13 feetl 2. Marth 69 degrees 56 minute. 25 eecoma. ~at. 27'.92 feet; IltlIiN1NC TS:"~CE frOll said pabt of besimd."ll. .orth 4S degrees 53 _tel 00 secatlla West. 103.12 feet; tll:l!;NlI:. Jlo-rt.h 79 degraes lZ minutes 20 lIel;OQ4. kst:t 150..00 feet. 'to limd U01f or f01'l:lt1:'J.y of I-:f'Vin M. Mod1i.n; tHEMCE S~th 48 d~r.os 53 minutes 00 a.cuada Eaet, 20.13 f.et; TBENCE 50rch 72 d..g~e8s 38 minutes 10 8e~OPds Bastl 138.49 feet ~o lsGd now or fo~.rly of Veronica R. Czebot.~ and ~thers; THHDCE along said lil1lll. South 48 desrees 33 miaute'l 00 seconds Eaat. 3i8.'S feet; TRIR~ Soutb 72 degrel!!l!i 38 mnutes 10 seconds lIest, 198..55 fe.et.; 'IBEliICE Soutb 69 dlll!llgl'ees 36 1I1nv.tes 25 lSec.onds li'est, 76.32 feet to the po1Dt ot" pIsce of IliGI1011NG, BEThll AlID IIITE1IIDED TO as .. portion of the p.....:Iaea <OO'IOylll by Deod datod 6/14/'" ret.rded 6/27/95 I.n Liber 11730 cp 779. 10 the Suffalk C01ltlty Clerk'e OfUte. SUBJECT to the natd~c1ml8 of the S....t...ld _ Zcnailtc Coole. RESEllVDlG the p.erty of the flX$t port tile right Co ley. inaull. r.pair, r.P1Ac'".4! r alld ...... ulill.cf.es within the ba....ariu righU of vay within $ the property heuS <101l.eyed Ioerain. end to coonect euclt ,t:U11' lea to the adJD~Il"'8 p_ty of the p.ert)' of the firolt perr. SUB.1ECT to uti ~1.,. ....._<8 of record for the hen.fit of ImIs la~ Llgbtin& Coot.s",. and otber utilities. II I OII11I'iU. I')"! 1- . o SIAl E or- NEW YOIlI< o 55.: Gowlly 01 Sullolk I, EIJW AnD r. 1l0MAINE. Clm k ollho Coullly 01 Sullolk alld Clmk ollho Supremo COlli I ollho Slalo 01 Now York in alld lor said Coullly (said Coull boiri9 a COllllol neeordl DO HEREBY CEm IFY that I havo compared Iho allnoxod copy (If : , / r fl. . I,,' / Deed L1ber 1] o(JL Pg~ ~- Rocortli3(r I.;) f"'4- 1C(11 and alld IIml ills a jusl and IIuo copy. of such oriyir!al rl A " iii ., ollhe whole thOleo!. . ~ IN TESTIMONY WHEHEOr-.1 havo hOloul1lo sol my hand and allixod \Iio soal 01 said Coullty alldCO\:I::I:i~.. .r.7'~" ~~~~:""~ .2,~~~~.i!.~ Clmk. " ,t " , f"OIlIlNo, 11)1 U.l0IMI2!I'U ., '" . ,. . '. " " -r ~..... wi ""-.. .... ..: oJ .... 1 - I ~-~ "~' 'I ~.. _~ ..~J .-~ . . -- ,;:.-- .-\ - .... /!<-Ztrd' /. - ;//<-6--6'-/ <r -- / ,~<LcL) c - '\, . . f '. ... " ( - ~ ,- ~- IJ ! - -- J r,..o"t 11a.d .fYoIY, ROi I sIde.. 'ShdL tJ ~ S+-C',d~ t\J /s of' pm pr.:se4 jOlv-ctS,e- It SCfHV'lI\ luh,~ wouJe! Ioe..... re.rroV-e",\ ^ I ~ blHloll1 pLll,n nCdjG\vcl. =='-----~ - ..,. - -- - . - -- SfeQ.lc H P'.~~ J -. II .... .... ...' ... ... ... ... ... n. .... ......... .... .. - -- I I I \ , . . T. l"HI"\ J.:~ . ~ . .~~.- - - j ....--- ,~, is OlA.t- I y\ +k V'tZ , V\ .. l....~).:..:'. ~1. t . As bUilt 'Sh-9q r . , o o ,Bfuk/ f'~.sevI bv,/~ ~ ~- ," '.... ~,;.. , OCT 4 2004 ~.- ~ t .. o o OCi <\ 2\\\\4 -.;J 1---.--.' "...., '- '~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 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: September 24,2004 RE: Zoning Appeal No. 5618 Transmitted herewith is Zoning Appeal No. 5618 of Timothy Steele by Abibail A. Wickham for a variance. Also included is: Notice of Disapproval dated April 23, 2003, renewed and amended May 20, 2004; Project Description; ZBA Questionnaire; Applicant Transactional Disclosure Form; Short Environmental Assessment Form; building permit No. 30393Z; photographs (9); letter of authorization; and letter of transmittal dated September 23,2004; {5 S U{Z\J l-'-< L'r\'\~&\ Date: 09/24/04 Transaction(s): awn Of Southold P.O Box 1179 Southold, NY 11971 "'""' -- * * * RECEIPT * * * Receipt#: 1 Application Fees Check#: 1503 Name: Steele, Timothy T 13795 Oregon Road Cutchogue, NY 11935 Clerk ID: L1NDAC Total Paid: 1503 Subtotal $600.00 $600.00 InternallD: 100813 ......... '- ~ , - LAW OFFICES ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA WICKHAM, BRESSLER, GORDON 8. GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 119S2 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com WilLIAM WICKHAM (06-02) MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 September 23, 2004 Town of South old Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Timothy Steele 13795 Oregon Road, Cutchogue, New York SCTM# 1000-83-2-10.16 and 10.18 SEP 2 4 2004 Ladies and Gentlemen: We enclose the following papers, in seven sets, for construction of:1t accessory structures; I. Copy of Notice of Disapproval dated Aril 23, 2004, and amended May 20, 2004; 2. Application to Southold Town Board of Appeals; 3. Short Environmental Assessment Form; 4. Questionnaire for Filing ZBA Application; 5. Transactional Disclosure Form; 6. Project Description and photos; 7. Survey copy; 8. Appeal fee of $600.00; 9. Copy of the tax map; 10. Receipt from Building Department (original set only). II. Consent of Owners. Very truly yours, 30shd::buva end .1AWlb Ii Wfl/ik~ Ab' il A. Wickham . , ("" "- ;"""\ '-' nded 4-10-1990 by L.L. No. 6-1990] In e gncu ura -Conservation District and Low-Density Residential R , R-120, R-200 and R- 400 Districts, accessory buildings and structures or other accessory u es shall be located in the --l required rear yard, subject to the following requirements: /'0 Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991] (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. (3) On lots containing in excess ofthirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots containing in excess of se . ousan undre nm (79,999) square feet, such buildings shall be set ba no less than twenty (20) feet from any lot line. /{ C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. [Added 12-22-1992 byL.L. No. 33-1992] ,...... - o Laura Solinger 13459 Oregon Rd. Cutchogue, NY 11935 January 9, 2006 To Whom It May Concern: I'm writing the town's planning authorities concerning the storage facilities on the Steele property near the northwest right of way that lies between our properties, I drive past them 5 times a day and barely notice them. Mr. Steele does a good job landscaping his property and I do not notice or mind this storage facility. Thanks, c ~ LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 31, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of t~li1e Town Law and Chapter 100 (Zoning,), Code of the Town of Southold, the following p blic hearing will be held by the SOUTl'ibLD TOWN BOARD OF APPEALS at the Tow Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THUR,SDAY. MARCH 31. 2005: / 10:35 AM TIMOTHY STEELE #5618. Request for Varianc~ under Sections 100- 31A(2)(c) and 100-242A, based on the Building Department's A<pril 23, 2003 Notice of Disapproval, amended January 28, 2005, concerning a buildi g permit application, at property known as 13795 Oregon Road (right-of-way extendi g from the north side of applicant's property), Cutchogue; CTM 83-2-10.16, for the following existing and/or proposed construction areas: (a) an as-built accessory shed (building #3-storag container) partly located in a front and side yard rather than a rear yard, (b) an accessory shed (building #4-storage c ntainer) partly located in a side yard, (c) farm/barn (building #1) does not conf rm to the 75 ft. minimum principal building rear yard setback, (d) additions with alterations to a n conforming accessory garage, for the reason that the garage (building 2) is not entirely in a rear yard, and is extended into a front yard. The Board of Appeals will hear all person or their representatives, desiring to be heard at each hearing, and/or desiring to sub It written statements before the conclusion of each hearing. Each hearing will not art earlier than designated above. Files are available for review during regular busi ess hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: March 7, 2005. ER OF THE ZONING BOARD OF APPEALS OF SOUTHOLD D. OLIVA, CHAIRWOMAN I' ________ '~"~~""""" .:, -: -.1or <l"! \ '" ~ ' :4:~I, ~ >'. ~ , ~~! Sl;t SEC. NO. 072 UN" ..7 - ----...'.......J .._-~-....-oz--- _~ ',-, H.I: 3../IA 13., 3MA COUNTY .OF SUFFOLK <Ot.vElOPJ.lENT RIGHTS) 1 ~ 9.1 26.-4A(~) "' .e COUNTY OF SUFFOLK !CEVS,OPMENT RICHfS.l H,S 16,IA 12 J7.9A(c) ~ I.) .64,,=,) ;"'Y';!'~: " '., :<,~t?'~:::Y~,t : 'f":!f~~.~:".,...:,.'..;o: ':', . ~, ',$ . . , .L ';:"f.' . .~ 13.7 ~o i ; j J J , " 16: lO.SAle) :J6'." 1, ~": " /> : 'l.~~. . .....' \ '{ ",S .64fe} S 1.) 0"4,(:; .,. ss,.) ')'.Ai r- '- I!~ 1/;;.6/U plrl- I~OeVJ"- . In the Matter of TIMOTHY STEELE Appeal #5618 SOUTH OLD TOWN ZONING BOARD OF APPEALS Hearing date: January 26, 2006 ) AFFIDAVIT IN OPPOSITION STATE OF NEW YORK: COUNTY OF SUFFOLK: LOUIS C. CORSO, being duly sworn, deposes and states: 1. I am the owner of the property which adjoins that of Timothy Steele. I submit this affidavit in opposition to the relief requested by Mr. Steele in Appeal #5618 for the reasons set forth herein. 2. Mr. Steele comes seeking multiple variances to obtain your blessing for his repeated violations of the Southold Town Zoning Code. 3. He has constructed a barn closer than minimum required setback of 75 feet. 4. He constructed an addition and made alterations to accessory garage without obtaining approval from the bUilding department [he did not follow the terms and conditions of the permit that was issued] 5. He has placed metal storage containers which he describes as accessory sheds on his property in violation of the zoning code by placing them on his property -not in his rear yard. 6. All of this was done in utter disregard to the land use regulations that apply to all property owners in the Town of Southold. 7. Mr. Steele violates the provisions of the zoning code by operating a commercial use, a nursery /Iandscapers business, from his . . c -.. ....J residential property. He stores nursery stock [burlap - balled trees, and other nursery stock] on his property which is offered for sale. 8. Mr. Steele has pleaded guilty to certain town code violations with respect to his use of his property. 9. I have observed the spraying of nursery stock. I have been told that nursery stock requires spraying with pesticides and possibly other controlled substances. Upon information and belief, Mr. Steele stores pesticides and other controlled substance on his property. It is my understanding that the using and storing of pesticides or other controlled substance requires licensing. The DEe requires users of such substances to be licensed by the State. Upon information and belief, Mr. Steele has no such license. 10. Mr. Steele has means, other than by seeking a variance, to place legally permitted structures on his property which consists of four acres with his residence, an additional 10.8 acres of property on which he has sold the development rights, plus a two acre building parcel. If, as he maintains, some of his structures are, in fact, agricultural structures, he can use the entire 14.8 acres to locate them. They do not have to be squeezed up to the north of his property, in violation of the zoning setback lines, and causing a nuisance and offense to his neighbors. I share the objections raised by my neighbor Martin Soja who, through his attorney, has expressed his opposition to the requested variances. 11. In utter disregard to his neighbors, Mr. Steele has placed all manner of heavy equipment and a gas tank just within our common property line. He stores his material, equipment and these unsightly metal buildings in close proximity to our shared property line. It is not screened from view and it is a nuisance. This is the common right of way for the owners along the Sound, and he must maintain the appropriate front yard setbacks according to the town code. Instead, he has shoved all of his structures up against the property line, away from his home, out of his own view. ,... '- '\ "-" 12. Mr. Steele has caused these difficulties for himself, and these problems can be easily remedied by Mr. Steele in such a way that he is in compliance with the zoning code. His difficulty is self created, and can be resolved without resort to variances from the town code. 13. For these reasons, I respectfully request that Mr. Steele's application be denied in all respects. /.....-?_.;:?'" ~--~ ._~- /.. . -.~. ~-~~ (l~ 'CC' .. OUIS . orso Sworn to before me the c!)~-ft, day of January, 2006 ~JY~7 c. Notary public BRENDA L. STRICKLAND Notary Public. Slale 01 New York No.01ST6014034 Qualified In Suffolk County / CommiSSIon Expires 09/28/200~'" , I"'" '- pi':, . ~. , '--'" '0. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------){ In the Matter of the Application of p).r II~blb b 1T'Y'l.~ 5sf.~f2p . (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as I 1000- ~3 - 2- - (o.l(p lo.{e{. -----------------------------------------------------){ COUNTY OF SUFFOLK) STATE OF NEW YORK) , -II~ S+U/o- "';d;""" 137q, (){~~ ~. tdc.~. D . , New York, being duly sworn, depose and say that: On the~daY of~, 7~ I personally placed the Town's official Poster, with the date of hearing and nature/Of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance)- facing the street or facing each street or right-of-way entrance;" and that I hereby confirm that the Poster has remained in place for seven days prior to t~~t date of the subject hearing date, which hearing date was shown to be JCln. CJ:, I '200 b . (~.ftrf retr()~ Wlu~ WUt. flOmpt/i )'"t,p~). ~ (Signature) Sworn to before me this :"i"'" <b day of J~ ,200b I .~ -----.-- AatGAu..~ ~ . NoleJv~~Qfilew'ftlttr . fkl: j2.'48!12~7t CrN'~~~~.2..f70 9 / ~---,-_.__.~--~_."_.._~~-- *near the entrance or driveway entrance of my property, as the area most visible to passersby. ~ - ---=---=----=--=.=.c""'--==------===_=--=_~_.== _-----=-= '.j i) C \,'i; . ~\ ~i V ". Steele Chronology - .:) bib t p~J ~ '1r1 f} 1996 - house completed 9/1996 building permit issued (#23707) to construct agricultural storage building in front yard - no variance required. Structure not built 1996 - building permit issued (#23399Z) for garage to be built in rear yard Mid- 1997 - Garage built in side yard (Steele thought it was also a rear yard) and enlarged to two bays and as now existing. Relocated to avoid old-growth cherry grove and evergreen buffer at northeast comer 1997 - Sold strip at North to Corso and released any right of way over it. Lot line change from Planning Board obtained. Corso's 50 foot right of way relocated to the South along Steele's northerly boundary to make Corso's lots along the Sound deeper. * Garage as it currently exists was in current location at time of sale July 2002 - Steele applied for pool permit. Garage relocation not questioned. After construction of pool, Building Department questioned proper yard placement, realizing property contained two front yards. 2002 - Steele acquired storage container and placed behind garage to store nursery materials as agricultural accessory shed Based on neighbor's complaint, Steele prosecuted for no CO on garage and shed January, 2003= Steele applied for "as built" storage container; April, 2003 - disapproved June, 2004 - swimming pool CO issued; defined east side as rear yard Remainder of2004 - discussions with Building Department as to which was rear yard and proper configuration of line mid-200S - Corso sold to Oregon Cliffs, LLC for approx. $1,000,000. Shed and garage in place at time of purchase. Current proposal: Approve as built garage in rear yard Approve one bay extension of garage to house accessory farm equipment Approve as built storage shed behind garage to house nursery supplies (to be painted forest green) Approve new barn on east side of property, 80 X 30 Approve new storage shed on south side of proposed bam (moved from north side of property behind barn) Jan 26 06 ll'l8b "'"'\ ...... p.l ,<t:.::':,' " '1":'\'f", .- ,x'. , ~ . .~~ ~ Y''';;~~ ~ . A. q., 1>~o ~ j' ~~ ....d'~~ "'" <;:.;,...,,;. ! '. . <C' " ~ "'" ':;".""~' , '" ." >t; . <# ""'- ." ~ " / ~_ " .. .~. ""'-" ~611.06',/ 'l>. ... < 'llt- '" " .'t,;. _' . '.' Clqi, .' .......". :::::::--:: ' '0 "..,... $ff.. iio.:::'.. ''7irl~!O E. .' ~::::--.-w . 9,,0<(' ..-. --0 N. ,,~~ o.--...,....,--w"ll...kt of ~ \11.12' 19.11-'. ~ :,1..,. iu ~ 50~ .ruv'~ ~ ~~ ..,-..'! _ ~~.. .~.. . ~~' .56-Z _ g.. . ,.: ~ oJ' ~ ;'.rt,,~:.' .. ~' ",.~~ . ~o $~J> . tJiP roO' ... "5. . ....l!O. , , ",..t. .!S'6'j;.- .~: ..\ ~. Ei9 '...., - " \ f{'t!J"Eo. '69'~O' .. ". 80.0:,. ___ -... < - ____ -~~ ~/, '(.'5......-- ~ J"S.O;j../;.~"'!''''j~ . / ...a.56'~_____ , -------- .' ---J..:..".,. /~ .-....____ . ,-- ...~oo. /,' >. --------=-:: ~ 1<-0 ~ '/,' "" . ~-' \. ;)~,:.; !~;'[i!~~i6.78ft-;'Cr8S' \: 2~1y ~ ~ , ~...: I I , I ,;,?"'" SURVEY FOR .TlMOTHY r. STEELE & JEANNE E STEELE . .' AT OREGON .. . TOWN (JF SOUTHOLD SUFFOLK COUNTY, NY 1000. 83 - 02 - 10.3 : ' Scale: 1".:: 100' o ._.. it19- _ I Dec. ~ 1995 Moo: ~ _ -(foundation) ~t 18, 79S8ffiMIJ Nov. 27:,I!jI96. (gar. loco/ion/ 1<-0 '::t-. ", "6 \. ~ . "So ~, ~... ~ ~. '\:,~o .~ "'i'%.. ~>- ~~~ ::~ ~~ ~<<:l0.<,e., ~~ ~ ;...()"I ~"Cl ..... . ~'?4'> . ~~ .... . .' -', 'J'fiE.~i3.r:,CERrF.y THAT:TfiS PLAT. WAS MAOE Bt" US . . FRDItt AC.T.UAL .st..Qi\IEYS COMPLE.TED APRtl. 181995 '.AND ,niATALL CONcI1ETE.MONUiiIENTS SHOWN n-IUSt. . . II ACTUA. LL \' f:XiST. AND TIIEJR. POSITIONS ARE -. CTLY SHOWN AND ALL ~L AND ""OOCTlC . . T..ft$ t'Rf:COflllf:CT. . ... .'. .... ;Jf/~Vi'iQii- . ."", CERT1F7ED TQ' , " FIRST PIONEER FARM CREDIT, ACA COMMONWEAL TH t.AND TITLE INSURANCE COMPANY RH 95 01 TIMQTH't T. STEELE JEANNE e. STEELE . 49618 AN)' AL1ElUT1ON OR ADDtTlOf./ ro THIS Sl..fi'~ 1$ A Hl;JLATION OF ~T1ON '7209 OF 11E /E1')"OR,! SrATE" EDUCATION LA',-_.._ ~Xt:EI't AS FER ~TfON -720.Sl.BJMSiON 2. Al..L GERTI"iCA/ff.J1W; ~ ARE VAJ.,O FOR THS AlA,. AND ~.s netroF CWll'" F ~:'::~~~s~~l. OF THrSU'l1lE'YOl'l ADtlI1JtWAU. Y TO COIM't..... 111m s.~ LAW THE TERN '".oW. TE"REtl 8Y'" ~I":-~~~l.~~~?-=~=~ND 'fJROUIJH.T-ltI-DA1F" AIfE" 'NOT'IN CClNPt.JANCE WITH ThE L.AW, aUILDIN' FIRE DIS SCHOOL oWi'IER TtIoIOTHY n5 DEEP MATnTUC ._-,..",.... .'~.:'.~... LOTS'A DDEa CmTJFIED ~~ 01/26/2006 10:41 FAX Ii . 1 I! i-.lfQIz~ ji I' i 160'"1 l' I iQ, i I , U,</'J I I. (. L- I' !: i , I , Ii ,I Ilist. 1000 I I S'!!I:. 83 I Blk. 02 I I Lot ,! I I I FIDELITY TITLE .1aI 003 ~l.ohJi"""\ "".III"I:!'!IIN '--...,,-IlIooII.Ok....,_.........c._,,(l "....I...~_ .......... CClIISIIW. ....wna__ _,_....IIr.'IIIII..~_...ID"IAWI..OII'T //rll THIS INDEffI1JJlI'. rn.'kllt' 1hc cby of Decem...r.. . 1Jim-lem hUddHd and D.luet:y-Se.~l n ~~EM Tlootby T. Steele and Jeanne F. Steele res:l.dins at ~...--f~---............ 13795 Dre8QQ Roil4l -......----,"1.&&.....--'1:. Cdt'choauc" Rev York 1193S p;lrt.~' at IJu:o fif1,! pa.rt...oo Lou-is C. Corso, resid1.ng at 131 Mulberry StRet. ~ Yarkt, NY 10013. as t. on m>d1vUed thirty-.... (31.') pere...t lutere.t; llegiDa Cars., fe&idIns ale 113 Mu.lbcrry Stree.t.. lIIey York.. 11 10013, il8 to an uudiv14t1d t"ellty-t:hre. (23%) percent iutensti Monica Corso, residing at 133 1Iul1lerE7 Street, Wew 'tork, n 10013, as to an u'l1.dt1rided tWO'Aty-tbree (23%) percQt ml:fI:n.9t:; oIlnd Luhs. Corso, ree.td.in& at 133 Mulberry Stre.et, New York. MY 10013. as to an Ilndivicted twenty-three (23%) pere211t int.erest, as tenants 1n eOllllOD part), .f lbt JOalad port. W''1''ES.SEI1t, thoU die pilrll al thlf: f\1'Jt part. in iMa$i~ioII. of 1m dlllla,s and olhtr valuablt CUDsick_. pa;d by lilt parto ar tilt - part. daos Iltr.by llfInlllld ........ onlo 1M party 011110 sooond pon. tho lad.., or tIol.l<<nsOfS and &ssigru of thr put,. of Cht ~ plrt ~r. ALL that CC'rtaill Plot. piu:c or pauel of land. willi re. lNildincs ad UnPl"Owmellt.. thamt, erected. sihmlt, Iyin, and brin&' ~ at O:regoD., in the TOInl of Southold, County of Suffolk and State of Me1It YDrk, bounded 4lnd 1l1l:&c:r1bed ati follows: BEGllfNING at · POillt be.1ng thlt soutbwasteJ'ly camer of the bel"eln descrt"'" parcl! L b~ing North 48 4eg~..s 44 miUbtes 00 seeonds Wes~. 1602.13 feet fr~ tho Interaectlon of ~he division linG of the ftortbeaueerly liue. of laud now or f.l"Illor1,. af JO'.ph B......oo",.. no.....hy E. ltu.I<"""kl, 1lal'J A. IIonllab,,1'y """ Patrle1e A. Gi14ercleeve .od the BouthW8&terly line of land wow or formerly of Timothy T. 4lnd Jeanne E~ Steele with ~he QOtthwes~e~ly &~de of OrBgou Road: IlIIIINING TllEllCE fr"" saId patQt of b"8inniJlS', N...tb 48 degrees 44 llIi"utes 011 .eca" Is ~est, 160.06 reet; TRENI:E N.rtb 79 degroo. TU!BCE South 48 degre.s THENCE South 6g dBgrees 56 m1Du~es 25 seconds West, plaoe of BEClllNI!II;. BEIlIG AND IN'tENDEll TO BE . portian .r the p....i... carroeyod by Ileed dated 6/1'+/95 reool'd"" 6/27/95 1ZI Liber 11 730 cp 779 in the Surrolk CaUllty Clerk's Office. SOBJP.CT ta 'he restricti.ns af the ,SOIlthald T...... ZOning Code. RESERVnwc tho pucy Df the first lIart the 'Z'i.h~ to la,.~ iastalli repaUi repUlce and ""e "tilitil!B within the baundarie. rigltts af way wIthin tile prQpar~ btinS cooveyed he~eia. aDd to CODheet SUC~ util~ttes ~o lh. a4jo~ prapntty af tb. porty .r the fint pan. SUBJECT '0 utilIty e.....nts of reCOrd fot the benerit af Long Island LiRhting ea.pany _ad Other uti11tie8. 12 Il1nutes 53 IIlnur:e.s 2D G4Conds EaSt. 161.06 feat; OD Eieconds East. 130.69 145.17 feeti feet .to tbe point or T()(iFTHER "jlh aU righi, title and "'~~" if an,.. ot du.' fAilrt}- ot the fi..lit pan i.n and 10 ilnJ $~ and reradr; ,.butlllll' the- ilbove de-,cribnl prt'ndk!s to chit' anl!;'1" Ii~" Ibd'mf i TpGETJ:lER ".hb thl' aPlMU1ftD.f\~ aqd ~l! the- l"!IIta,.. ilnd riChl1 of ehe part," af tI\t' fil"5l IM'rt IQ and I:' $il.id P-;'t1IUItS;: TO KA VE A~D TO ii()1.l J Ihlt pm."I~ h~mn <<ranted amta the party of dill.- ~!COI1d pan. rh.,. ti~f) Or ~_)fS..and ~ of Ih~- t-C1I1}- of 1M- ~ part lornu. AND th(" parlf of Ihe nrst part ~ dg,~ ~e party of lht fint P;1I1 ....1- 11(1' door .af 1.ufff'~ ~p)1hiar ........err-b). thlt Aid pn!mises haft btm ertt'Q",bend In all)' Wilt ""hall'\..,r. eo'lttpe iLl( .af<r\"A.ld. AND lb. party of lb. fi... plrl. io compI.._ ..ilb S",li... IJ 01 lht U.. I...... .....IlaltI. that ..,. parI)" ,of the- 'rlc pan will ncnn the ~tilkrarioa 'Of th1. con\"f)~ atkl ~.DI hold thlt richt kt rnti,.. SIlfh l"OMitI- C'l"illmll a. I Imt tund m IJI! ap~ .6,.. fot the purpo~ ot par!-s' rh~ mst 01 tt'lt impthn....ilebl and ..ill ~ the' NIne" firsl to the paymenl 01 tht' tost of Cht improv.nhnl btofore ~n~ any pint ..r the' toIaI af Utt 1-2Imt~'fi.- u}" other PUrpn!iIL Th~ word "party" dqll bt- QX1;.trued B$ if it mad "partit-!;.'. ~..h('"t"'\"'C"r the s..!'ft~ uf \hls indconttlTr kt n-qaif'll!i.. IN WJ11fESs WHEREOF. che plrty of IlK fil"5l part I~" duly .xrculed this dnd the day md ,~r first abo\-e writl/1'ta. r ~ PJoESEI'lC.t 01 ~ ~--~~ ...... - - Tl_1: . teele Jiji- _." jc"A ,jr;..& ~ t.'iteele 'S_ _, 01/2612006;11:0~ Lt~ I (~b'1 p, Yb4 . '. Diat. 1000 S.c. 83 Blk. 02 Lat FAX II ! [ ! ; I I ! i I I FIDELITY TITLE Iai 003 ......,.laJod"". "-~:I'IJ" ........~oIIoII...1r1kWl_(_.....-.-...._~.._....Lo.o___ ,........_ "~.~wna....._ ,..IIIII"W.........'IIIII~_II..........IIL' 'DlIISINDErn'uIlE, mod. 1M II day at Docmolo.... ,ainct.... h._.nd na.ty-ae,,,,. BElWEEII Tt&~hy T. Steele aDd Ju_ ,. 5t..l. restd:l.na cat ~-,........--......: 11795 O:repu. load ~""'1L-p_'l!f..IllIlil"" Cutchogue. Rev York 11935 parly 01 Ib, fi..., po..,..d Louh C. Cono. ro.1dfila; at 133 Ilulllorry StTOOt. _ York. 1IY 1001]. as to 8" \lIIdh1ded fifty-two (82%) pe...,.nt intoreat; 1le11lla Co...... resi,dt.na ae: 133 Mulberry S~reet, Rev torka- n 10013. lIS 1:0 au \1Dd1v1d.ed !:We..ty-four (241) percent interest. "qd IIon.a eono. residi... at I]] ""lberry Senllu.. lev York. lIT 10013. as. to ilD UDd.:I,vWed. tlnmty-four (241) ....rcent iDt:eres t. .as tenants f.n eOlDOtl pa"yof lb. _ pon. WI'I'NESStTH.lhilt dtt JIlU1y o[ ~ fi1'5' I8rt. iD amsidtrarion 01 tN dolb..." and odI.:lI" valaahle CUnsidnat." paid by .he pony or 111< ......... pan, dwo h<ftby JII'OD..... ..... ..... !be porty or 111< ........ pon. 111< heir, or ~l1('(t.wn ilnd &55iflls ot 1'- part)' of eM Itcond. part fam/ltr, ALl. <la. <<n.;. plat, piooo o. po....r ollond. with 1100 bldldilll> .... improo........ ......... .-.01, ......... Iyin'f aM bei.. i", a< 0,,"lI01l in tbe 'l.... of Sou<bold, County of SUffolk aDd State: of Nev Yort. bounded and desc:ribed as follows: IlE(;IlIIIIlIG at a poiat beiDg tbe BOIItlnresterly comer of tb. he~dn d..cribed parc:.l being tbe followilll 2 courses aad 41staDees frOllt ehe iIltersectf.OQ of the dlnsioti line of th. Dorth4!.~terly line. of laGII .ow or fOl:1lel'ly of Joaepb llaImabury. Dorothy II. Rusk<nrski. Mary &. ll.onnUury RIId Patriei.. A. GUd...sl..... ....d the $Outb~.&~erl) liD* of 18Dd QOW Dr former1y of Timotby T. and Jeanne l. Steels ~~~ the ftort~ste~17 side of Or~gon Road; I. North 48 degr.es 44 DiDdt.S 00 se.ooda W..t. li02.13 feet; 2. ~orth 69 degrees 56 .{antes 25 secDnds Easc, 145.17 fe8~; ItUllllIJiG TlIENCE from said potu of b'linoll11, North 48 d'Br... 53 B1"utes 00 ..COll is Welt. 130.69 fe.t; I TIIElaI::::~ NQl'th 19 decrees 1Z minutes 20 seconds Ea$t, mENl:::E SautQ 48 dt:gt"aE!Ei 53 lIlinut~u: 00 8ecOllds East:. I TliEl!iGE South 69 degTees 56 1&iJ:lut:es S2 slcODd.. lIeltJ , place of BEGINIUNC, I BEIIR~ AIID III1'DIDED TO BE a portion of the I'reoa1ses .....eyed II,. l18.d dated 6/14/95 record.d 6/27/95 in LIller 11730 ep 779 1ft the Suffolk eouacy Clerk'. eff!... SUIIJECT to <he reotrictiOllS of the Soutllold 'loom ZoniJ>g c...le. RIlSEl.VIRG tII~ p....ty of the firat part tIuo rllht to lay. iucall. r.pair. ....,la.. ",,4 .... utll1t1ea ..ith:bo tbe _ries r~ht9 of way withl.D the P~""ty beill8 cOIIveyed he....in. RIId to ._cr BOC~ utiUtie" co the .sdJDI.D~"1 property of "!Ie party of the first part. SUI\.1ECT to utilit,. __ta of re<ard for the lI....fir of Long lslalld J.1&htiDz CaoqIauy and other ut1UUos. lS0.00 IOl.l~ 13..75 feet; felt; feet to the poiat or TOGETHER. '-1m all riehl, tillt afld intcon!'sl. if aD)', Q11~ pan}" af IIv fll'tit PJrt it; and Ill, .1.n~' ttl'ttt:s and rOld:t. iIIb\JtllIl( tht abovt dC'Ktlbc:d pnmiSft to the- ttIIlflT UQ~ tfk.l'nJf; TOGETH t.,J< \I.'jlh thr apptlrtelaU<<1o and .\11 Ik nlatr ~ftf'l rirhlli of the party of 1m- fint part in .;md I,) said pnmi~: ro RA \"E A~D TO HOLD rh... prcrnisp!Ii hnt-ih gtallted unto the!' pa.tty of IIw !I.cond Pi"'1. Ihr- ~rs OC' ~"""(No;nN and ~I"" of 1m' part)' a/the ~nd part {otnrr. AN!) IN: plr1f of the nl'Sf pan CO\-'TI1a!I15 that d:u:: party of tJon:. 6r,.~ part ha,. nil'! dC11t' 01' ~.fF~~:1 ;lI,~..h.", whll'rfb}- the' SiIId prtft1iS4!!'s haw ~ mcu~d m :an)' WOly '<<'ha.ml r, 4!'Z(IlIpt ~.. a~wd. A~f) the patty II{ tht fitlt part, in nnnpJilncc .nth !::~tten 13 ollht- l.i... 1...-."'. ,,,n.cnmts thu I~ pany uf thr first put ,,'ill nmvt cht considnatioa lor thilt [(In\1')''IIKt' and ...dl hDld lhe- right to I't'nl'i\~ !JGm (CdI5id- rnJion. .i.$ . .~t hind 10 br .pPlIrtt first far 1he PUt'pOS(' of pI)'irla thl' COSt of thlt" i~Ql and wiD apph- thl'samt firsa 10 tilt paymml or (tit eGD of 1M impro\rnnmt Ikrorr 8Sm.:....' r-" ..,r fh. total af tht $;AIDe mr an~' mhtr pUI'lJOH_ The' .....;.d "pan)''' .sh.i1l1J(' ('OIUitrUed as if it md ''''rtl"'' 'trhmn't'r .he' kowr ~., ,hi... indn."lr~ ~ ""IUin.~ Ilf.lI~1TNESS WIIEIIEOF. 'he pa~ 01 tilt fin! part I... clo1t .....-.1 Ihi. 4<0.1 Ih. do! """ 1'" fim ...... wrU:"m_ IN PllQllfCE: OF: ... ~ >t; ., c:..... ~I'. . """-'., ~. . Timotby 'f. 8t.ele .:7 C --"t; r ~ ...,.,.......Jl..~.. . \.. J iu~ ;i'Joallft. r. Steal. ,. -- 1/2006 11:03 FAX FIDELITY TITLE t-"'II'~_,,*IJWII_C.___"""~M_""Wt"""'. .""'- " t~j'~a~_IlIFGM~nIIJ,~-"'IIIIIIUlIIUrrYDtJUt..t.....Jt.""""'GNl' L,~ t 1 ~ 0'7 p/ 4.66 1000 83 OZ ..." or....- ......... UlT, ~006 -. I fI, nDS nNllEN11Jla:, _.... 1/ .., '" O'....'hr . _....... _ _t~ IInWI:EN Tbothy T. Stoele aM J_ P. Stee1.o reslclill8 at -u---r--"'" --.-" 1379$ Orapn ... .......--I".."a..... CUtahoRUe. ... Yotk 11935 porlJI of... lint ...... 0IIlI tuba Cono. Tes:LcJl118 at 133 IIW.be~ry su....t. 111_ Yorlt. lIev T. rk 10013, as to :&11 uadivWed flf~y-tvo (52%) perc.mnr. iIlrer.st; lagta CoT80, 'E'esidil & at 133 Mulborry Street. _ 'lerl<. II.... TorI< 10013. os to lID .....lv1ded tveutrf....r (24t} pereont intere.t; and Ilonica Corso. ....:I.dlng at 133 IlUlberry St~Bat. 1_ y, rlt. lIev '~e.k 10013. as to "" undiv:LcJed went)""'f..." (24%) po".ont interest. as t_ta ll1ic~. pony of IIIe _ port. WJINUSE1JI.1IIal tilt porI)Iof'ho Ii"'...... ill ",1I>ickrIi_oI' tea 00/100 ($10.00) .......... JlIIid lawful __ orlhc Uhilal_. by lho pony of tho -.1....... doe> Iwmy I"'DI ond _ WlIU'" pony or.... __ port,lIIe _......... -. .... ~ or tht party or Iho _ port romer. ALL lhot ~ plot. ""'" ......... or Iaod, willi d10 lRu1dill&i.... i....._. .'--.lIilaotc.lyiD& ..... bdoe- at Cutoho&ve in tho Ton .f SOIIthoU. Couaty of S,.ffolk and State..; III.... York. hi... boundod alld duerlbed a. follows. BEGIIINING at .. point bel"l5 tbo BOut......sterl' coma. of tl.e herein desc:r1bed paru_ bailltl tho following OlIo c......e. and distllnl:es froot the intarso.tion of thlo div1s;.ll> liDO of the ""rthoesto"ly liRe of 1.... ...... ar fo.......l, of Joseph Ia_hury. Domlthy E. Ru..kowski. IIary A. 1IalIIIlObv.Q' """ P..tri~ia A. Gildersleovc aDAI tlae soutl'''''''te''ly Un. of 1.... ..... or fa1'1llOrly af ~thy T. St.ele _ Jcmme E. Su"le vitll the """!westerly .ide at Oregoo lIoad; 1. ~erth 48 de&".es 04 minute. 00 second. Vest. 1602.l3 feetl 2. NoTth 69 de&r.a. 36 minut.. 25 seconds "st. 279.92 feotl IIIlIIN1NC T1L~CE frOll ..ld poht of beSimd"l5. Honh 48 de!:..a. 53 _tel 00 secOllls Wo.t. 103.12 f.et; ~C2 .Drth 19 degre8s 12 minutes 20 seco~48 !.st. 15D.00 feat ~o land uov or fOl1lle1:'ly o! I"ln K. Mod1:lu; tHKMcs Soutb 48 dot.o.. 53 mtnut.. 00 ...coads East. 20.13 feotl tHENCE Worth 72 dQ&~ees ]8 DiDutes 10 se~onds last, 138.4' fe~~ lo lsod now or fo~~rly of Veronica I. CzeDot~~ and othera; TBERCE along said latl4. Soutb 48' clegJ'ee. 33 m1uu,t:elll 00 secotuis .Eaat:ll 58.'5 feet; TBlRCE Sovth 72 deCress 38 ainu.tes 10 seconds West, 193.55 fe.et:; 'lBEIiICE South 69 d.egrees 36 mlnutetl 25 !U!conds lIest, 76.32 felt to the poiut ar pl,""e of IlBGlllHll1G. BEDlU AIID IIITE1I1lEO 1'0 BE a pon:1on of the p.....:ta.s ~""""yad by Dood dated 6/14"S, .....rd.d 6/27/93 in Lib." 11730 cp 779. in the s..Ifolk Co.mt, Clert'. Offlc.. SOJJECT to tbe .....td~tioll. of tbe SOllt...ld TDvn Zoailq Code. BESERVI1IG tbe par., of tbe flX..t part ell. rtslIt to lay. illll...l1. "e,.u. lr.PL.u~ r AQd WIC utilities wirhin tile bo.......i.. riP... of ..., within ~. t;be prope"ty bo1l\& eonveyed bnin. and to e_et .\IOb ,t1llt: l.. to I:he lOdjdniDS p_ty of tb party of the fi....t part. SUBJECf ~a IItt :ity ...._.. of record fa.. tbe ben.Ut of 1.0"11 x.l..-...l Ll,&htiq; CoIafJany anI! other ut.111.t:l.eB. i ._--~~~~-----.. ~\\& ,...., "-' . ,-\,1, 11J~y)~ J1'~. Laura Solinger 13459 Oregon Rd. Cutchogue, NY 11935 January 9, 2006 To Whom It May Concern: I'm writing the town's planning authorities concerning the storage facilities on the Steele property near the northwest right of way that lies between our properties, I drive past them 5 times a day and barely notice them. Mr. Steele does a good job landscaping his property and I do not notice or mind this storage facility. Thanks, - f""" '-' o ZONING BOARD TOWN OF SOUTHOLD STATE OF NEW YORK In the Matter of the Application of TIMOTHY STEELE and JEANNE STEELE AFFIDAVIT OF SERVICE BY MAIL Parcel ID #1000-83-2-10.16 & 10.18 STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) Julie Turner, being duly sworn, deposes and says: I. On the 17th day of January, 2006, I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Notice of Hearing and Map in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors Office, for every property which abuts and is across a public or private street, or vehicular right-of-way ofrecord, surrounding the applicant's property, as follows: Oregon Cliffs, LLC 62 The Water Way Manhasset, NY 11030 1000-83-2-10.13 Louis c., Monica, Luba & Regina Corso P.O. Box 1044 Cutchogue, NY 11935 1000-83-2-10.14 1000-83-2-11.11 Mr. & Mrs. Michael Demchak 157 New Town Road Hampton Bays, NY 11946 1000-84-1-11 Mr. & Mrs. Robert Arnone & Ors, Manzi Trst. 9 Rockhall Lane Rocky Point, NY 11778 1000-83-3-9.1 Mr. & Mrs. Thomas Uhlinger P.O. Box 1025 Cutchogue, NY 11935 1000-83-3-7.1 =I:;UIt]:;(~II'!I..ml:l..._"I,....~:t{".L..J..l . Complete nems 1, 2, and 3. Also complete nem 4 ~ ReelrIcled Delivery I. desired. IIJ Print your nems end eddress on the reverse S(' ,. ~t we can return the card to you. . A thl. card 10 the back of Ihe mellplece, or on the front ~ spaoa penntts. 1. ArtIcle Addressed 10: fV\1"" l)~~Vh k.. 'S\IJ')~od\O\ ITlla..'S' ~~u;, ~ ~~ ) 'f\) \\q::;) 2._Nu"- (7hursfer""'" -label) PS Form 3811, February 2004 . 3. ServIce 1}'po ~qeni1IecI Mall lJ Express Mall d Registered lJ Retum Recelpllar Merc:t+ lJ Insured Mall lJ C.O,D. 4. Restricted Delivery? (Extra Fee) lJ Yeo 7004 1350 0005 1b23 S204 DomestIc Aetwn ReceIpt 1CJ2595..02-M.114O ~::::I~II]::::I:__.'t'JI:J.:a._.=I.....,.:::z".IIJ~l . Complete nem. 1, 2, and 3. Also complete nem 4 ~ Restricted Delivery I. desired. Ii Print your name and eddress on the reverse so. _ we can retum Ihe card 10 you. . Al this card 10 the back of the mailpleoa, or\... ,he front ~ spaoa penntts. 1.__to: l..o'il S ~\ JtI\Ov\\c~)Lv..b,^, >/; ~I(\" ~~ f.. 0, ~^ \ D~Y ~~\Y\\I Ijq35 2. _ Number (7hursfer """'-label) PS FOlfi1 3811, Fabnlary 2004 COMPLETE THIS SECTiON ON DELIVERY A.Slg X L'~ lJAgen! lJ Addressee of B. Received by J.Printed Name) L CO{l....., D. Is delivery address different from Item 11 " YES. enter delivery odd.... below: lJ Yes lJNo 3. ServIce 1}'po . CertIfIed Mall lJ Express Mall lJ Registered lJ Retum Recelpllo< Merchandise lJ Insured Mall lJ C.O.D. 4. Restricted Delivery? (Extra Fee) lJ Yes 7004 1350 0005 1b23 5105 Domestic Return ReceIpt 102595-02-M-154O ~"-:;R111::::llMl"..1I~1::J.:a._.=I"""""6f.J.' . Completa Item. 1, 2, and 3. Also complete nem 4 ~ Raslr1cted Delivery I. desired. . Print your name and eddlOoss on the reverse so ....., we can raturi1 the card to you. . A thl. card to the bilck of the mailplece, or. , <he front ~ .pace penntts. 1. ArtIcle Addressed to: ""'>.1_. n Q(f\O~ '\-Dn. I ~l)1,il() M r.. "'-(Y\ q Q.Wc.hd~ ~~ ~\)clClt) QDirtJ, VW In~ 2. ArtIcle Number (7hursfer fmm_1abeI) I PS Fonn 3811, FebnJary 2004 I COMPLETE THIS SECTiON ON DELIVERY fY lJ Agent lJ Addressee C. Date of DelivefY lJ Yes lJ No B, _ by (Printed Name) \ "- ~t) D. I. delivery address _ from Item 11 If YES, address below: 3. 1}'po "tJ ~ CertIfIed ~ lJ Mall [j Reg~ lJ RatU Recelpllar Merchandise lJ Insured M8il lJ ,D. 4. Restriclod Delivery? (Extra Fee) lJ Yes 7004 1350 0005 1b23 5242 00mestIc Return Rec8pt 102595-02-M-154O :i::l~II]::I:tll.IIJ...llr;I:J.:a._.:",,,""'''.''.I.'.1 . Compl8te nems 1, 2, and 3. Also complete nom 4 ~ ReelrIcled Delivery I. desired. . Print your name and eddress on the reverse so ....~ we can return the card to you. . A thl. card to the back of the mailplece, or v" the front ~ .pace penntts. 1. Article Addressed to: Q,(,~h\LGc... ! ~Ib-m'ol-e ~tJ~' p, 0- ~~ ld-~C; ~~ ,"fI4 \\9?S 2. ArtIcle Nwnber (7hursfer """'-label) PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY X B. Recsivod by (Printed Name) t C-072 >~ D. Is deIively oddI8SS different from Item 11 0 Yes If YES, enter deliV8IY address below: D No 3. ~1}'po lP{ CertIfIed Mall lJ Express Moll lJ Reglaterod lJ Retum Recelpllar Morchandles lJ Insured Mall lJ C,O.D. 4. Restricted Delivery? (Extra Fee) lJ Yes 7004 1350 0005 1b23 5211 DomestIc Return Receipt 102595-(l2.M.154O ~::I~111:tL_,.,I'JI~..._.:I~"Hl8.ll.,~1 . Complete nom. 1, 2, and 3. Also complete nem 4 ~ ReelrIcled Delivery I. desired. . Print your name and eddress on the reverse S(' .. "we can return the card to you. . A thl. card to the back of Ihe mailplece, or ,,, I the front ~ space penntts. 1. _ Addressed to: fJI.r - ~ t!I.-) .~~S ~\i0SC y f D- ~x \()&-S' ~V\~ IY\~ \IQ3'5 I 2. _ Number ! (7hursfer""'" -1BbeI) . i PSF,,';'; 381 i, February 2004 I COMPLETE THIS SECTION ON DELIVERY A. Signature X ~ lJ Agent o Addressee B. Received by (Printed Name) -r- ,J ,..tL,,../ c:; D. I. delivery address d from Item 11 If YES, enter delivery address below: 3. ServIce Type 'B' CertIfIed Mall lJ Express Mall lJ Reglstersd lJ Retum ReceIpt lar Merchsndles lJ Insured Mall lJ C.O.D. 4. Restricted Delivery? (Extra Fee) lJ Yes 7004 1350 0005 1b23 5235 1025s5-02-M-154O : Domestic Ratum RecelpI ., :JENDER COMPLETE THIS SECTION . Completa nem. 1, 2, and 3. Also complete nem 4 ~ Restricted Delivery Is desired. . Print your name and eddress on the reverse so t~et we can retum the card to you. . />i this card to the back of the mallplace, or . ,he front ~ .pace penntts. 1. ~c; U...G J W 0.. \jJ r \0 O-.V) S~'(\1110~D 2. ArtIcle Number (7hursfer fmm -label) PS Form 3811, February 2004 . . . . A. X lJ Agent lJ Addressee C. Date of Delivery D. Is delivery address dlfferentlrcm Item 11 lJ Yes "YES. enter delivery add.... below: lJ No Mall Recelpllar Merchsndles 6.0.0. 4. Restricted Delivery? (Extra Fee) lJ Yes 7004 1350 0005 1b23 5112 Domestic Return ReceIpt 102595-02-M-154O . Completa nem. 1, 2, and 3. Also complete nem 4 ~ RestrIcted Delivery I. desired. . Print your name and eddress on the reverse so +1,. we can return the card to you. . /l thl. card to the back of Ihe mailplece~ or ." the front ~ .pace penntts. 1. ArtIcle Addressed to: l^r {-lAO. \'!\1(b~~~b". I~~l ~;(ld- . ~1\~'rI U1~ I Y\~ \\t\~U:, 2. ArtIcle Number (7hursfer""'" -label) . PS Form 3811, February 2004 X lJ Agent dressee C, Date of DelIY81Y B, ReceIved by (Printed Name) D. Is dsIlvery oddrass different from Item 11 lJ Yes " YES, enter delivery add.... below: lJ No 3. ServIce Type ~CertIfIed Mall lJ Express Mall lJ Reglaterod lJ Retum Recelpllar Morchandles lJ Insured Mall lJ C.O.D, 4, R_cted Delivery? (Extra Fee) lJ Yes 7004 1350 0005 1b23 5259 DomestI~ ~ lleceipl ,.......,.....,... , ( Mr. & Mrs. E~ard Donahue 263 West End venue New York, N~ 10023 Oregon, LLC C/o More Realty P.O. Box 1289 Cutchogue, NY 11935 Mr. Joseph K. Swiatocha 13825 Oregon Road Cutchogue, NY 11935 o 1000-83-3-1 I J 1000-83-2-11.5 1000-83-2-9.2 ~~{e2~ Sworn to before me this 19th day of Jan , 2006 , ~ 2 J :ajJmaiJ } AMY M.IlUNNINO NOTARY PUBLIC, State of New VodI No. 01 BE5039767 7 Qualified in Suffolk County <7 n CommIuion Expireo Februory 27, ~ . ru ::r ru LIl m ru .Jl o-'l U.S. Postal Service, CERTIFIED MAIL RECEIPT (Domestic MaU Only, No Insurance Coverage Provided) Al USE _$ 0.39 ~IT ID: 0952 CMlIted Fee __Fee - (EndOlUment ReqUired) .... __Fee Clerk: KKU5RIl -"- ......_a.... 4.64 01117/06 LIl D D D D LIl m o-'l ::r D D l'- IT" LIl ru LIl m ru .Jl o-'l U.S. Postal Service, , CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No fnsurance Coverage Provided) " . . . .GrtfBliil. l USE _$ 0.39 tIT 1= CMlIted Fee Retum RecIept Fee l!'-- 1.85 .... __ De\twlyFee Clerk: KKU5RIl (Endor8emenl_ Total Poet8g8 & Fees $ 4.64 01117/06 LIl D D D D LIl m o-'l ::r g 1I6iii(~~.:..:d~~;:.J~~l-~""~~ nnnn.. l'- ~.~~.~n.J 5..:J...~=..~.._':............_......nn CIly._Z1I'+4 '(\ USE IIIIT II: .. Cel1lItedF.. LIl D D Aetum _ Fee D__red) CJ FlestrlcledDellv8ryFee LI1 (eoo\"'~,l6nIFIeqUIred) m o-'l 1.115 - HON a.tc: IIV5RII 4.64 01/17/06 ......_aF... $ ::r g llOHt:~AjiiTh::..~.in~.0.:....~~.b.\}mh\u"._n.. l'- ;;S::;.~.~..~.~n.~tf&"~~i~'-"" I I Lr1 C r'l Lr1 rn nJ ..JI r'l _$ I A l 0.39 lIlIT ID: 0952 Lr1 Cel1iIlOcIFee C C __Fee c~,.,quIr8d) __Fee ~ ~.dvrwnem ReqUIred) rn M 1btaI Postage & Fees 1.85 ....- Here 4.64 Cleric: KKlJ5RII 01/17/06 :T C nJ Lr1 rn nJ ..JI r'l USE lIlIT ID: 0952 Lr1 C C Relum _JllFee o (E,,~...~mentReqUlred) C ~....~ Lr1 rn r'l 1.85 .......... Here Cleric: KKlJ5RII 1bI8I_&.... $ 4.64 01/17/06 g >>hNi.~' ri.:.~_~lh.~_~__?~:.~~S....___._m_..._..m l'- ;;,~~~.Q_!~m~3~...m_._......_-_. Lr1 rn nJ LrI rn nJ ..JI ~r'l LrI C C C C LrI m r'l U.S. Postal Service", CERTIFIED MAIL RECEIPT (Domestic Mail Only, No Insurance Coverage Provided) ~ . . . r'l. . ..... . ,..:t ,.. .. ru . I. : .. . "i IAL USE ~ 0.39 IT ID: 09S2 r'l Lr1 Cel1iIlOcIF08 ....- C __Fee - C 1.85 C (Endol8O.....~ Cleric: KKlJ5RII __Fee C (Endonoment~ Lr1 4.64 01/17/06 rn r'l ....._&Fees :T C C l'- nJ r'l r'l U'l rn nJ ..JI r'l U'l 1:1 1:1 1:1 1:1 U'l rn r'l U.S. Postal Service ., CERTIFIED MAIL RECEIPT (Domestic Mal/ Only; No Insurance Coverage PrOvIDed) " I A l ""- $ 0.39 lIllT ID: 0952 CertlIiedFee Return ........ Fee - (OMb......_lt RequIred) 1.85 cj~ R_Ile!!veoYFee (Oldo._.....,t ReqUIred) 1bI8I PosIage & Foes $ 4.64 01/1 Y06 :T ~ "Sf,Ni,~~_._...- -_:.~~_.~1.d.L. orPOScwNo.';.h ~ "T\ \. ,-1 :-_ J . .."-U.___Ohh_.Uh___ co;.;s;;;e;Z1A4n...._._.I-!:-S_.~!fLI:'"_'I~!:t.... ........_....._... I A l use _$ 0.39 lIllT ID: 0952 CertitledFee ) .......... ~_JllFee 1.85 ..... J (E _I OeIIvtIYFee Cleric: KKVSRIl (EncIonle Required) 1bI8I-'ge&Foes $ 4.64 01/17/06 :T g "Sf,Ni,~APl~,j:.~~.:_.jbl1~~._~r.h~.~.~._.__._--_--- l'- ~S::;-~4._..e~tlM....1.2_i}"-"iC~5""""'-'- t"'" '-' ~ ~ 100-33. Accessory buildings. [AmenJed 4-10-1990 by L.L. No. 6-1990] In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R- 400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. [Amended 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991] (1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. (2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. (3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. [Added 12-22-1992 by L.L. No. 33-1992] NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MAP #: STEELE, T. 83-2-1 0.16 #5618 APPEAL: Setbacks and Yard Locationsl Sheds, Barn, Garage Buildings DATE: THURS., JAN. 26, 11:10 AM If you are interested in this project, you may review the file{s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 'j 111""111111""""11'"'''.''''111''''"''.''''''''''.'.'.'.'' .,,,,,,,,,. -,--. " c ~ '..J 0/c fLLJ~ ~m""~f"; 6n '"6 I 6 0(., .~ r -j-r, ;J n-L~ ..ee: T. 4:Ci..L4 dls~/f- a;tt: ~ ~ Patricia C. Moore, Esq. 0 51020 Main Road Southold, NY 11971 '.- j tY\ ~ \\~ ~ c o -r: ~ ,/ r . vJd-Ofiled~/~'f/o<{ RECEIVED JUL 1 2 2005 J4.l-' ') tJ)(/:: '6 \q \ Y l"'l~d O[f,.JO\ ZONING BOARO OF APPEALS PA rRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary July 11,2005 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Appeal # 5618 of Timothy Steele Dear Chairman and Board members: It is my understanding that the above appeal has been indefinitely postponed pending receipt of additional information. It has been our experience with Mr. Steele that if he is not given a deadline he does not respond in a timely manner. Mr. Steele must be given a time frame to respond to your request for information or directed to remove the illegal structures. My clients have been requesting code compliance for almost three years. The building inspector found several buildings without permits and in violation of the zoning ordinance. The Town, after repeated requests to Mr. Steele to correct the violations, finally issued criminal summons. After more than one year of adjournments at the Justice Court, the Court directed Mr. Steele to file an appeal with your Board or remove the illegal structures. My clients are frustrated by Mr. Steele's continuous delays and the Town's tolerance of zoning violations. We respectfully request that the Board return this matter to the calendar, give Mr. Steele a deadline, and advise us of the new hearing date. y yours, ." ^. , , 'F, Hamlet Cutchogue i Commercial "Zone: IA-C I h' !' 1IH dill' P' ' S~t~s:": Pending Applicant /1g:iQ,o:! 'il , 14 HI 11'!jl)lliilFjllil II Locilt\oh~I1379S r-o-w off N/s OREGON ROAD 11!i,l1)hh,", ' Short ADDN TO ACCY GAR/AS-BUILT ACCESSORY STORAGE CONTAINERS/SHEDS; AS-BUILT LOCATION OF BARN. YARD LOCATIONS Corrected survey received 8/1/05; await possible alt location for accy structures. ~.J_ "_'_~'_____..._w ,v."__~",,,_,~,"~~~,,,,--_,,,,,-__._.__.....__., c 0 . . ZONING BOARD TOWN OF SOUTHOLD STATE OF NEW YORK -------------------- In the Matter of the Application of TIMOTHY STEELE. and JEANNE STEELE Parcel ID #1000-83-2-10.16 & 10.18 AFFIDAVIT OF SERVICE BY MAIL -------------------- STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) Julie Turner, being duly sworn, deposes and says: I. On the 23rd day of March, 2005, I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Notice of Hearing and Map in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessors 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, as follows: Louis C., Monica, Luba & Regina Corso P.O. Box 1044 Cutchogue, New York 11935 1000-83-2-10.13 1000-83-2-10.14 1000-83-2-11.11 Mr. & Mrs. Michael Demchak 157 Newtown Road Hampton Bays, New York 11946 1000-84-1-11 Mr. Robert Arnone & Ors, Manzi Trst. 9 Rockhall Lane Rocky Point, New York 11778 1000-83-2-9.1 Mr. & Mrs. Thomas Uhlinger P.O. Box 1025 Cutchogue, New York 11935 1000-83-3-7.1 r '- o Mr. & Mrs. Edward Donahue 263 West End Avenue New York, New York 10023 1000-83-3-1 Oregon, LLC c/o More Realty Corp. P.O. Box 1289 Cutchogue, New York 11935 1000-83-2-11.5 Mr. Joseph K. Swiatocha 13825 Oregon Road Cutchogue, New York 1000-83-2-9.2 ~\~AA Q~ Juhe Turner Sworn to before me this 10 #J day of March, 2005 ~~'7 ~ c'L /Notary ubI" 2 J: affmail KERRIA.~THY NOTARY PUBLIC. STAll! OF New YOAI( NO.01~ QUALIFIED IN SUFFOLK COUNTY IlY cot.tMlSSlON EXPIRES 07-31.20..QL., c o ZONING BOARD TOWN OF SOUTHOLD STATE OF NEW YORK -------------------------------------------------J{ In the Matter of the Application of TIMOTHY STEELE, and JEANNE STEELE Regarding Posting of Sign upon Applicant's Land Identified as 1000-83-2-10.16 & 10.18 AFFIDA VII OF POSTING --------------------------------------------------J{ COUNTY OF SUFFOLK) ss: STATE OF NEW YORK) I, Timothy Steele, residing at 13795 Oregon Road, Cutchogue, New York, being duly sworn, deposes and says that: On the 23rd day of March, 2005, I personally placed the Town's official Poster, with the date of hearing and nature of the application, in a secure position upon the above property, located ten (10) feet or closer from the street, facing each street abutting this property (SCTM# 1000-83-2-10.16 & 10.18); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be March 31, 2005. ::J7:f;ll:r~) . c '1~~)6;'~ili}~;~~ .> . Sworn to before me this ~II' day of March, 2005. I/J/'v-v! tZ/titelL ,\:;:'~,::.;L ,~;, '-,/,! 21AFFPOST New.'"! ;A !j;.:;v-: '(::'f~ . :~':7 ~ OW::j;;i':'ri rn $,,: ,'-.li.' { ')t'~lty Co,., c ',"0'> "."y JOO<:; . Complete nems 1, 2, and 3. Also complete nem 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the carel to you. . Attach this card to the back of the mailplece, or on the. front if space permits. 1. Article Addressed to: ,^-l' . 'Ko'6ecb t\-cf\l>~ ..... OC'f. '\ 'r"''i)-~<':S lV\o..Y\l-\ T...- \,\ * <\ ~c..l,(tI" \ \ LQ. n.Q.. \\vt.\.:~ \'O\'(\b ;~':) IllJa 2. Article Number (rran_ from service label) PS Fonn 3811, February 2004 " It D. Is delivery ac:Idress differerrt from item 1? If YES, enter delivery address below: 3. Service Type 1ll: Certified Mail D Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7004 1350 0000 1128 8118 102595-02-M-1540 Domestic Return Receipt ~::r~I.]:::I:'__"..11~I:I.=-'=-';I"'''''"'f::('''L.ll.' . Complete nams 1, 2, and 3. Also complete nam 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: ()r~'r"\ )lJ-(,.D~ M~-t.I:.t><"(, t..\ 0 l\I'Io~ LL - )' ~} 1> b l6o)l.. \}.'C'''\ ~\1.\'\o~ \"(\~ \1G\'2l5 2. Article NUrhber (Transfer from setvice label) PS Fonn 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signature x D Agent o Addressee C. Date of Delivery S-- B. Received by (Printed Name) L-, DJ'C--P- D. Is. delivery address different from item 1? If YES, enter delivery address below: . (, iiVEO MAR 2 5 2005 3. Service Type ~ Certified Mail 0 Express Mail o Registered 0 Retum Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extni Fee) 0 Yes 7004 1350 0000 1128 8149 Domestic Return Receipt .. SENDER: COMPLETE THIS SECTION . Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front If space permits. W~~:~;~::Ed\OO~ \)O<\,^nlU- alo; W~ €y,,~ O-\).Jlro..L f\{w "to'-\<.-, "'j $)O~~ 102595-02-M-1540 COMPLETE THIS SECTION ON DELIVERY e_~ by (Printed Name) ,r~N9J;9 t' D. Is delivery address different from Item 1? If YES, enter delivery address below: 3. Service Type ~ Certified Mail 0 Express Mail o Registered 0 Return ReceIpt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) D Ves 2. Article Number (Transfer from service h~ PS Fonn 3811, Februery 2004 7004 1350 0000 1128 8156 102595-02-M-1540 Domestic Return Receipt ~:t~I.]:t:_I!I..J1r;':J.~.a'.='...,.:rN'.'.Jll . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the- frOnt if space permits_ ~~:c~r;~~ ht~~K 151 f\(1lJ\1> ~. . tt...~~ ';~)'li$' \\R\\" .:t~- 2. Article Number (r~ from servlc8labe1) t PS Fonn 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signature Ves D No RECEIVED ~'~l ...."'1"'1"" ., 3. Service Type ~lfied Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) D Ves 7004 1350 0000 1128 8170 Domestic Return Receipt 102q85-02-M-1540 SENDER COMPLETE THIS SECTION . Complete nams 1, 2, and 3. Also complete nem 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on tKe front if space permits. 1. Article Addressed to: /...O'-\'S ~. ttJrfD ) VlO"3u.. tA'l~ I LU,,1. $" ~~ '+' ~-uj"" ~O 1'\) ~1. IJIIt\ ~ho~ ,'I\'J l\~~? . ' . . . A. Signature X....-t:- B. Received by ( Printed Name) L. "-'....,<1 D. Is delivery address different from item 1? If YES, enter delivery address below: D Agent D Addressee C. Date of Delivery -DJ DVes DNo :::'CEIVEO'TIN!) 3. Service Type G:;?>rtified Mall D Express Mall o Registered C] Return Receipt for Merchandise D Insured Mall D C.O.D. 4. Restricted Dallvery? (Extra Fee) D Ve. 2. ArtIcle Number (rran.fer from servlc81abe/) PS Fonn 3811, February 2004 7004 1350 0000 1128 8132 Domesllc Return Receipt 10259S-Q2-M.1540 SENDER. COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on th" front ~ space pennlts. 1. Article Addressed 10: U.h" r \'f\ '- ~ \^.l;1 ''''-o~ ). ln~ f> D ~O^ \O~ ~t'N>~) '1\ 'J n<~ ~S . ' . . . A. Signature x-----;.A--- B. ~ved by (frinted Name) <"'""l In.. V,#-,,J D. Is delivery address different from Item 1? If YES. enter delivery address below: kECEIVEO MAR 2 52005 3. Service Type ~Cerlified Mall D Registered o Insured Mali 0 C.O.D. 4. Restricted Delivery? (Extra Fee) o Express Mail o Return Receipt for Merchandise DVes 2. Article Number (Transfer from sstvice label) PS Fonn 3811, February 2004 7004 1350 0000 1128 8163 10259S-Q2-M-1540 Domestic Return Receipt ~-313-:e135 113:.51 FROM:WICKH1:) BRESSLER 631 29B B565 T~17659064 P.13132/1304 ZONING BOARD TOWN OF SOUTHOLD STATE OF NEW YORK TIMOTHY S'fEBLE. aod JEANNE STEELE Parcel ID #1000-83-2-10.16 & 10.18 AFFIDAVIT OF SERVICE BY MAIL ~. ~)3Io)') (~ ~I>I fit ) In the Matter of the Applicatioll of STATE OF NEW YORK ) ) 88.: COUNTY OF SUFFOLK ) Julie Tumer, being duly sworn, deposes and says: 1. On the 23rd day of March, 2005, I perso11ll1ly mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Notice of Hearing and Map in prepaid envelopes addressed to current owners shown 00 the current assessment roll verified from the official records 011 file with the Southold Town Assessors 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, as follows: Louis C., Monica, Luba & Regina Corso P.O. Box 1044 Cutchogue, New York 11935 1000-83-2-10.13 1000-83-2-10.14 1000-83-2-11.11 Mr. & Mrs. Michacl Demchak 157 Newtown Road Hampton Bays, New York 11946 1000-84-1-11 Mr. Robert Arnone & Ors, Manzi Trst. 9 Roekball Lane Rocky Point, New York I J 778 1000-83-2-9.1 Mr. & Mrs. Thomas Uhlinger P.O. Box 1025 Cutchogue, New York 11935 1000-83-3-7.1 ~AR-30-~005 10:51 FROM:WICKH~ 8RESSLER 531 2'38 8565 0317659064 P.OO3'004 Mr. & Mrs. Edward Donahue 263 West End Avenue New York, New York 10023 1000-83-3- t Oregon. LLC c/o More Realty Corp. P.O. Box 1289 Cutchogue, New York 11935 1000-83-2-11.5 Mr. Joseph K. Swilltocha [3825 Oregon Road Cutchogue, New York 1000-83-2-9.2 ~JO~ Juhe Turner Sworn to before me this "O~day of March, 2005 ~'~ t'. Notary b' 2J:affinail IG!MA. MCCARTHY NOTARY PIJBU(: . STATE Oft NEW YQRI( NO. 01 MCIlMII5D1 ~LIFED IN SUFFOlJ( COUNTY MY COMMISSION EXPIRES 0741-20.Q.,. ~AR-30-.2005 10:51 FROM:WICK~ BRESSLER 631 29B B565 0317659064 P.004'12JI2J4 ZONING BOARD TOWN OF SOUTHOLD STATE OF NEW YORK __________.-____________o._______________________l( In the Matter of the Application of TIMOTHY STEELE, lUld JEANNE STEELE Regarding Posting of Sign upon Applicant's Land Identified as 1000-83-2-10.16 & 10.18 ________________._________________________________l( COUNTY OF SUFFOLK) ss: STATE OF NEW YORK) AFFIDA vrr OF POSTING I, Timothy Steele, residing at 13795 Oregon Road, Cutchogue, New York, being duly sworn, deposes lUld says that: On the 23rd day of March, 2005, I personally placed the Town's official Poster, with the date ofhearlng lUld nature oftbe application, in a secure position upon the above property, located ten (10) feet or closer from the street, facing each street abutting this property (SCTM# 1000-83-2-10.16 & 10.18); and that I hereby confiml that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be March 31,2005. ~ ,r-. -".' "......~.... .~- -... L,'" oJ . 1:' othy Steele Sworn to before me this }II' day ofMareh, 2005. vtMJ~ -,,---~"'~'- '.- '._.~_.. . ..- '.......".-.....,.. " . .-,.--..- 21AFFPOST AUiCAIL A WICKHJ\M Notary Put~hC. Stf;tt!' 01 Naw York Nu 57...464Zar Qur,l\tiArl,n SuffOlk COlln'l' _ Cot"~r$!f'on !:-r.plt'Ct: S~~)S. ~O. Y ~005 1 (: ~ . LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATIITUCK, LONG ISLAND NEW YORK 11952 WILLLIAM WICKHAM (06-02) ERIC 1. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 111 MELVILLE, N. Y. 11747 631-298-8353 TELEFAX NO. 631-298-8565 631-249-9480 FAX NO. 631-249-9484 Aprilll, 2005 Town of South old Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southo1d, New York 11971 RECEIVED APR 12 2005 Re: Tim Steele (Appeal # 5618) ZONING Premises: 13795 Oregon Road, Southold, N.Y. SCTM # 1000-83-2-10.16 and 10.18 e~o OF APPI1ALS Ladies and Gentlemen: Enclosed is the certified letter and Notice of Hearing sent to Mr. Joseph K. Swiatocha. It was unclaimed by Mr. Swiatocha; however, I have spoken with him on the matter and he has no objections. AAWljt l/shdzba Encl. Very truly yours, J;;litiL- Abigail A. Wickham CERTIFIED MAle-nun-] \ ) \Sl ,1[', 'CE !l//lID-:l 2ND I,QiICE - RiJUi1N ~ ~J: ~~ PC>s,.~ I R~~-"'_ . . - ,--- ~.- . ~ _ PITNEY BOWES 02 1P $ 004.420 , 0002522197 MAR 23 2005 . MAILED FROM ZIP CODE 11952 WICKHAM, BRESSLER, GORDON e. GEASA, P.O. BOX 1424, MAIN ROAD MATTITUCK, NEW YORK 11952 7004 1350 0000 1128 8125 C' i ' :\,'her;4h'~ As Addressed- !..;r.aOIe fo (;:'ward c; IA"'''ir...,,! :.sd'''' Mr. Joseph K. Swiatocha Otioved,lenNoAdijlw 13325 Oregon Road . . .,~C1J~hogue. NY 11935 . ...-.. ...'! , .~->.. .-. I .., , .. '.~IlIf" "tn_bit ~ 1"111'1"11 1111 III U.S. POSTAGE PAm MATT !TUCK. NY 11952 HAR 23. "05 AMOUNT . '.'~ . "OTICE VNlTEOST4TES ~.sr4t SAVICE 1'11QN 9264 1193, $000 n{\(l77096.0r cerlf1,it Q ..... UooI , . " ~r: -,!Iii' . '~rrlvrn APR ' ;,EC'EIVED APR 1 : 7~"~ 200S . . ---lit:;--!t ....... . .. .~"*".~ -......." I" ot L J'':''': . -'.c~:':.' ...: ::.": ::.4- ill' i) t ~) i! 1.i II t t I i III j I j 1111 J) I iJ i I,l,!! I, Illl',) f 111 ,,\, III 11111111111111111111111111111111111111111___ .1.11 ,"""'" ''''''I -III r-- , '''''''''''''' , """ "",,,,.,, I -.:..i"I_"I"I,I:I"l.", 11_.111_111111111111___1111 ._1111111111111111111111111111 1 :'iNIl 03.,Uoa.1V alO" SS3tjQQV Nloln13lol 3H.1 ,,0 .1H~llol 3H.L 01 3dOl3^N:i ,,0 dOli.V lol3)1:lLlS 30\f1d SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this carel to the back of the mailpiece, or on the front if space permits. M~'~~j;;\: k. SW\I(\~~ \'2.'S'd.5 Or~1\ ~ . ~d\O~\'<\':J nqaS 2. Article Number (fronsfer from servIcs label) PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A. Signature o Agent o Addressee B. Received by (Printed Name) I C. Date of Delivery D. Is delivery address diffelent from item 1? 0 Yes If YES, enter delivery address below: 0 No x n 3. Service Type ~ertlfled Mail , o Registered D Insured Mail o Express Mail D Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7004 1350 0000 1128 8125 102595-02-M-1540 Domestic Return Receipt NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MAP #: TIMOTHY STEELE #5618 83-2-1 0.16 VARIANCES: Setbacks and Yard Locationsl Sheds, Barn, Garage Buildings DATE: THURS, MARCH 31st 10:35 AM If you are interested in this project, you may review the file{s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 111111..-_' ..'.'."_"1.'. ~I rll' -m'-'l",....",,, "1"1111:'''''- (!If .,~/ -, -... - '-' APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1809 ZBA Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board FROM: Ruth Oliva, Chairwoman, Zoning Board of Appeals DATE: October 7,2004 SUBJECT: Request for Comments Presently, the Board of Appeals is reviewing the following application(s) for a November 18, 2004 public hearing. Enclosed please find the ZBA application(s). The Planning Board may be involved regarding a pre-submission review under the site plan regulations of the Zoning Code. The file is available for review at your convenience. NAME 1 REP TAX #1 ZBA DIS- SITE PREPARER BlDG DRAWN ZONE APRVl PLAN PLANS BY: DATE ISURVEY DATE TIMOTHY 83-2- 5618 5/20/04 4/14/04 J. 8/02 L. STEELE / A. 10.16 METZGER, TUTHill, WICKHAM AC SURVEYOR ENGINEER VARIANCE ADDITIONS TO NONCONFORMING ACCESSORY GARAGE, AND "AS-BUilT" ACCESSORY SHED, CONSTRUCTION OF AN ACCESSORY SHED, AND CONSTRUCTION OF AN ACCESSORY GARAGE - HEIGHT AND lOCATION Your comments are appreciated. Thank you. , ,- ,-7' :~- -, DATE ,,~~ 111'70 - TOWN OF 8OUTBOLD, NEW YORK ACTION OP THE ZONJING BOABD OF APPEALS APPeal No. 1344 D.". IIa7 22. 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To 1If1J1a lteMM 2.0. hft 18th le.ne. . 'JIeW ___ C,,~. JIeW YeS'JI lOOn AppellaIit at ameetlng o!,the Zonin& Board ot Appeals. on JulIe 4. 1970 the....appeal was considered and the adion .intlicated below was taken on your (X) Request tor variance due to' lack otaeceas to property ( )aeques.t lrIr a special exceptiOn. under the Zoning Ordinance ( ) Request for a vaiiatice to ,the Zoning, Ordinance ( 1. SPECIAL EXCEPI'ION. By, resOlution of-the Board it was 'determined that a ~ exceptiOn ( ) be granted (" ) be denied P~lIU8.Dt:tto ArtkJ.e '~i................. See_Uon .;.................. Subsection. .......:....,....... paragraph .................... of the Zoning Ordinance and the decision ot the Building Inspector ( ) be reversed ( ) be confumed....uae la oO"~" ..D.I..,.). Upcm QIIlScaUOII of lUJia lteveIIlI. W ...~ 78th I~. ... 1Ibzk Cit.y. IIfw Yo.dl: 10821. fox .....Ma1 0'_'. O'N;I. pr:LvaU right-of-way Ira 8ClCwcllllRc:e with the I.- ,af .... ~1l1ON1l Law. ~ ~QlI.~ '-&l:1OII of 141J u~l,io privau"l9hMf-way 1ocllt.e4 on 1IOZtIl. .i'" af ~'Ilcta4. ClI~, III. YcIl/k. pnperty 1lcIlmdllCl ._tJI lJy L. L 8..... -'1: lJy ;fa ,8w~. uut& toy 01:"- &?I14O nn _ J. ...... --~. 2. VARIANCE. By resolution ot the Board it was determined that <a) strtct application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship becaUBe IIIIB lIIlWIllII (b) The hardsbJp created (is) (is not) l.JIrlque and (would) (wo~ not) be shared by. all properties allke in th& Jinmed1ate vicI'hity CI.f tbi! property and in the same use district because ... -- (c) The variance (does) (doef; not) observe the spirit of: the Ordinance and (would) (would not) change the character of the cUstrict because ... 8lMIIlI8 and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the prevloui decisions of the Building Inspector ( ) be confirmed ( ) be reversed. IIIIB ...... FORM ZB4 ZONrnG BO~~ .:;;Jd;tU ) . ~-"'e. ....ury 8CI\ltho14 ftWn Bou4 ef AppNl. /- , ....... .,., ~-, ,""". - c. Aftu ~tlg.U. IIJl4 1Il8peo1;2,oD i:blI ~4 fiB411 tIIe\ the QP110eat ~ta pow-t..2,oD tift ....GV&1 of ."nu _ prJ.va1:e lI:1tlt-.....,. ill _.,... wi. .. State of..... Yolill 'fiIimLaw. SecUoIl 2.... The QP1lc1.., 1*"';'" ~ ...-.a' .... on. .....ur ...1u., ... _t hoe ~"'!fo1 of ..... _ l:biiI 1*iqte'li:lgtlt- orfooWQ. '1M 1loIIr4 u allll:l1U1e to lllI:llDt:.t.M UIU .......aJ. of. Ulfua ....JtICI\.. i:blI fAU_".., otM.t.u.a.. Ih.t.a zlgtlll .~ ..., IrIe · I ... to t:blI wuaa Of at l_t 11 leet. _0Ii _thu!t .... _t IDe .tza.t.vlltollltl4 out ":t. tM .... IrIelIda ~ to tM _to '1M ..tift dp_hay _at IrIe iIIIPr.... to t:blI ..tU~ >'of' tis. hU4.t.D,r IIIIIUtes IDetlKe e'Ma.bIDg . cezu't.lat.e of GcllUl*l8Y. '1'IUl load f:lMll tllet .tlI:~ QIIl.tcat2,oD of tbe OZ''''tnuH WM14 .d\lM prMdeal IlUfUlu.7.WIa .. ~"""1HID'Ur IlUlIIIIlip, tIse bU~ '"'_ .... _iIlUe ... ww14 .... IrIe ...... 1IIJ' .u pr~.~"'" ala. ill tbe .~"'t"'il:e viotJlitr O'f Ut.... prOJIMtr ... iIltlse _ 11&. \UlIltll:~1 IIJl4 the vu.t.aDl::e ",Ul IIlOt cllllDge tIse tlkUMtalf of th....1g'bIoo:l1004 ~4. "'11:1. __ the qUit of t!:>. o.41neIlc:e. 'l8lIIIJlPQDI. IT lG8. QSGLVjl1II 8ina. Stev_. 241 But 78th Str..t, .... yon City, Bew. Yol:k 10021. be GIlAlII'1'ID !IPJl1'oval of. .~8_ PlI:ivate 1I19ht..of.....ytn."oz~ee with 1:1\8. $t:atll of ./1'81' lAItIC '1'WIl Law. .~ uca,aa .P.P1la4." cmpriva~ dgh_"""'ay 1_~4 oU _tit a1" of O:r;"~UI. ..... Clltohegue, .... ftI:IC. ...,. . . .. '-II..... .IIIU~''''''1 1. au ""'11 .. way _t 1M wn~.' to tM wuaa of at ~ 11 leet. 2. '1M... _ tM 8Kt11aS'4' IIlICl of t:blI lI:~ ...at 1M .1ilraitlll*-" _t wbe3:. Uta .... .... ~ 1:8 Uta _to . J. 'IM..tift z.tp\ooo~ _t: ... 1 _ .~.. 1:8 Uta ..t....fuUoa of Uta...u1UJlt ,....lU.. .............. . eentftnM of '1C1,tUY. ... of .. ...... ~.. 1INtIn. GUU.lIPla. .. .Il<l, _., "1'111'-. ' e . . ..~~-_.,.._._-~~-,--,......_...,...-.~..~_..,- . 1"""0 ""'" '-' OFFICIAL USE ONLY 0'-cJI. STEELE T (A WICKHAM) 83-2-10.16 5618GG ADDNS/NEW CONSTRUC/AS BL T SHED - HEIGHT & LOC 13795 OREGON RD CUT AC :L CTY TAX MAP (8) NEIGHBORS CIRCLED (RED) AND TAX #'S WRITTEN ASSESSORS CARD (7) PULL NOD FROM BD - 1 ON FLDR RT SIDE 0'-\ "'O~/ ~~ SOIL & WATER LTR: PARCELS ON LI SOUND - Mall ASAP PB MEMO: GET COMMENTS FROM CHAIRPERSON (COMMERCIAL I SUBDIVISION I LOT LINE I SCENIC BYWAY / INSPECTION PACKET SIGN (S) MAILINGS: CVR L TR, SIGN, AFFS SIGN PSTG & MLG, LN N COUNTY PLANNING L TR UPDATED: NEW INFORMATION: ., . , I .~ !~~ ~Q; \~~J ~\~~ ~ )1/ fY~~' ~ ZONING BOARD OF APPEALS ., Offke Lqcatl1ln: Annex Building on Youngs Avenue . Mailing Address: 53095 Main Road, Box 1179 Southold, NY 11971-0959 Emails: Linda.KowalskiIiilTown.Southold.nv.us or Jessica.BoeerIiilTown.Southold.nv.us Web site http://southoldtown.northfork.net (631) 765-1809 ex!. 1 d"R J! hd ,>,--/. Sail ,... /Y' .~ 'j/L<.f (}..ru-Is~c DATE ID~11f~ . TO: ( ., /I)J rLAn.-, fax (631) 765-9064 ZBA File # Date of Building Inspector Notice of Disapproval: d...o ~ tL;;4- The application Is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: 'ICJ- /J~. I ~ if) Please furnish seven (7) sets of the following ;_.-'~' _ ___,' _ . -.t;" if possible In order that the application can be advertised for the public hearing calendar date of : 1\ec. I (., ~ DO 'I I. The advertising deadline is 22 days before the meeting date. Vi" --r': 1..Aut tha Il'LfBfl..ali!l. r . ,.I please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confinnlng that the amended relief that is being added or revised In your request for varlance(s). Thank you. '/()4 Missing Information- 7 ~ d.~ ~ 1 A ,~L r dd"'-:.'. j"",J ~ I tJ '. -:"--0.- . ../cUp:;: v~ OTHER/INFORMATION REQUESTED when os . e 7 sets ith coJe~t : ) Filing fee $ ; Check amount was: $ . Please contact our office (or send new check). t ~~&1i~~ ~ey~g. :~.:i;::-gl~6~~'ing detall~, with licensed surveyor informatlo!,. ~ :...b<.'4A,.,'?" oI-lU..W~~ <t/I.L. ~ Architectural map or updated survey show g dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. (7') ( l14- Rough diagram or sketch with building height (# of stories and distance from ground to tOPlrld~ detail (and mean height, .fknown); "If'^ .......4_ ph.g ....._.... I. Gill! 1I. 1_1 ;&&1.._ ...__............JJ...n.{fJ". n ~..:,dj UJ ~cL -fo ~ S-/':>dJOY ~ ~ 'if&i.-o'iP~-fJ_ (-,4. Letter confirming status and date of review by other involved agencle~ presubmission comments, or copy of up-to-date agency actlon-j iD-<-' .~ ~ -&;, ~ * ( ) Updated slngle..nd-separate search dated back to April 23, 1957 (Zoning Section 100-230-4), and copies of deeds dating back to creation of original lot lines for this property. (~ tL4zA h Thank you. ~dl(l) ~/~ t I . t", INSTRUCTIONS FORVARIA~E APPLICATION _' SOUTHOLD TOWN BOAR[).J APPEALS one: (631) 765-1809 Fax: (631) 765-9064 . 1. NOTICE OF DISAPPROVAL from the Building Inspector dated within the last 60 days, together with copies of permit application and correspondence on file with the Building Department. ~~{- 0" 2. . \:~ ..~. Co APPLICATION: Typed or neatly written, signed by the property owner or representative and notarized. If you have a representative, please furnish a signed consent form stating he/she is authorized to sign and submit this application. The ENVIRONMENTAL ASSESSMENT FORM is necessary only if your project is OTHER than a dimensional/setback or lot size variance. 3. NEW SURVEY, or original survey with architect's site plan: Must show proposed and existing setbacks, patios/driveways, wetland buffers, high bank or bluff, square footage and dimensions of lot, dimensions of new construction, fences, tanks, overhangs, chimneys, cesspool locations, etc. If your project involves total lot coverage at more than 20% of the total area of the lot, survey must include square footage breakdown calculating b~i1ding areas. If wetlands are nearby, please give distance between new QOPOSed construction and nearest wetland grass. .~~., iLDING PLANS: Must show roof design, elevations, proposed mean eight and proposed maximum height to top of the ridge for new construction area. Rough diagrams or sketches are acceptable. 5. FLAG or STAKE outside corners of new construction areas for on-site inspections and provide PHOTOS (7), labeled to identify areas of new construction or changes in relation to closest buildings after it has been flagged or staked. 6. CHECK payable to "SOUTHOLD TpWN j::LERK." After the Board has reviewed the application and calendared your application for a public hearing, we will confirm the date, place and time of the hearing, and provide a letter enclosing the Legal Notice, a yellow sign for posting and an area map showing the surrounding lots (circled) that will require certified mail notice from you. Please note: ((Aj FlJther changes, after submitting the above, must be placed in writ" . the ~ard of Appeals clarifying the changes. Changes require' ~ amended Notice of Disapproval to address the changes after yo submit amendment to the Building Department. If you are not sure, please contact the Appeals Office staff at 765-1809, or check directly wnh the Building Department at 765-1802; (B) Service of a copy of this appeal application upon the Building Department is necessary under New York Town Law. Please Include a letter or other document . for the ZBA file Indicating when notification of your appeal application was given to the Building Department. 11&&1 'oz "U~r 'llVO NOIS~lM<<l) dVt'i ^U13dO~d 0001 .,,""'" ';0 "" "" d "A:)NJDV lJI^~3S XVi H<l3dO<ld lV3~ V "' lHl .:10 tlOI~~I~~3d N3111~4 1I10lW4 [80 "" . 03U9IHO~d SI dV~ xn HNnO:l ~lOjj(lS --~ ~ "'''' '" m 3Hl .:10 NQIHfOd ANV JO NOl1n91~1510 A d031VS'NOl1Vd311V'3JtlVNJ1tlIm Q~ OlOHlnOS " on 3 3JIION 'S~~I>:l~SI(] ON NOID3S JlNIOl , S3l.L~JdOIld 560"OO"'J3S33S ------2'--------"2!'''J'' '" 3.' . p ~ ~ nOO~lO-560 "QN"'J3S33S "ON "lJd I:iO~ Iii . n ~ ~ 'C8Z I'll ('J)n"o( " ", cn (;IH~ jNl~dOllhJOI n:H.;JlS JO AltnX) '5"(( nJ (::1)'6"(( " n",t s"n " -N- V IS~~LN3I'ld011^3<l] lI1O~:li1S :JO AlNllO'J ~ ~I ~ ~, ~ r · L ~~ "'U +..~ .~--~---- ~ ~lm ~ ZLO"(lN"'JJ5 33S n"Ol 8I'Ol " ", '19"E znt '0"" ,rot -, '5'~ Ern ", ~..,=-.."""",-~ q*~....'''''''''~''''''''~'-''''''-'<'''''''' ~~..,;"';.~~""""""'P''''''';'';'-''~''- ~" ,_.....c "~s.,,'~.. ,....~,...., '-';..-