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iv ; L 0 d3 S 9a 1 Jc < erno.L., f3A-uNJ - Use, ,Efi e(ki atb._eoE4 .) if Pilo 6 'I� i�" ci ice. ""-O APPEALS BOARD MEMBERS "�pF , Mailing• Address: SOU'*n Ruth D. Oliva, Chairwoman � Southold Town Hall Gerard P. Goehringer �t ~O <a 53095 Main Road•P.O. Box 1179 g * * Southold,NY 11971-0959 James Dinizio,Jr. ` G C 1�` Office Location: Michael A. Simon �,e rte Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 'tcou t'.• 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Aka, 3:asr.m, Tel. (631)765-1809 •Fax(631) 765-9064 DEC Li 7 2005 egjaerweg FINDINGS, DELIBERATIONS AND DETERMINATION SoutId h Clef MEETING OF NOVEMBER 9, 2006 ZB File No. 5921 - ANDREW ANSELMO and VERA ANSELMO Property Location: 31605 C.R. 48, Peconic CTM 74-1-23 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's property contains 48,182.95 square feet and is improved with a dwelling and three accessory buildings, as shown on the February 8, 2006 survey amended April 19, 2006 by Joseph A. Ingegno. BASIS OF APPLICATION: Zoning Code Sections 100-31 (280-13) and 100-33 (280-15), based on the Building Inspector's May 5, 2006 Notice of Disapproval, amended June 6, 2006, concerning applicants' application for a building permit to demolish, reconstruct, and create new house, after removing the existing non-habitable use of an accessory barn building, requesting conversion for: (a) the owner's private accessory music workshop with bathroom and related music and game room activities and not as a dwelling; (b) a height in excess of the code limited 18 feet; and at less than 10 feet from the property line for a property balcony addition. AMENDED BASIS OF APPLICATION: The applicants' appeal application originally requested variance relief to demolish and/or substantially reconstruct this accessory building, with a height exceeding the code limitation of 18 feet and with a proposed balcony at less than the code required minimum 10 ft. setback from the property line, as well as conversion of the building use from non-habitable to habitable space, a non-permitted conversion. In a letter to the Zoning Board of Appeals dated October 16, 2006, clarified during the October 26, 2006 public hearing, this applicants' attorney explained the owners desire to amend their request for preservation of the existing building and further allowing renovation/conversion to habitable use as a music room, game room and private gym, instead of its present non-habitable use, without the need to demolish and reconstruct the existing barn that was requested in the original appeal submission. The applicants amended their appeal for variances, based on the Building Inspector's November 3, 2006 Amended Notice of Disapproval, and submission of the October 31, 2006 letter from applicant's attorney, to renovate the barn rather than demolish or reconstruct, planning to renovate/convert the use of this non-habitable accessory building. The application was again disapproved by the Building Inspector, who determine that the proposed game room, gym, music room are not permitted uses in an accessory building and Section 100-31C. This amendment replaces the applicants' previous Plans A and B. Plan C, dated 10-16-06 and prepared by Chorno Associates (Drawing A-1), removes the plan to demolition and reconstruct, and proposes to move the same accessory non-habitable building to be placed on a new foundation, at a code-required 10 ft. setback from the property line, however, the applicant has applied for an area variance to convert the use of the building from an accessory non-habitable building use to habitable space. • Page 2—November 9, 2006 • 4b3 File No. 5921 —Andrew and Vera nselmo CTM No. 74-1-23 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 28, 2006 and October 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: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant is requesting an area variance to allow a change of use from non-habitable to habitable use with heat in an accessory building and with a proposed addition of a balcony (deck addition). The existing building is an accessory structure containing a conforming non-habitable use. Certificate of Preexisting Occupancy issued February 29, 2000 under No. z-26957 confirms the following uses of the buildings on this property, as follows: a nonconforming two-family dwelling (in the primary building), and accessory garage and non-habitable accessory barn, noting further that this barn contains a non-habitable use, with the former cottage space not used. This Certificate of Occupancy was issued to the former owner, Saul and Janet Millman on February 29, 2000 after on-site, interior inspections by the Building Inspector and issued as a replacement of the previous Certificate of Preexisting Occupancy dated December 18, 1972. Grant of an area variance may not substitute the standards applicable to a change of use. This request is for conversion of a conforming non-habitable use in an accessory building to a nonconforming dwelling use in an accessory building. Further, Code Section 100-31 permits only one dwelling on a lot, and the lot contains a nonconforming lot size of 48,182 feet with nonconforming two-family dwelling use, and accessory buildings, all confirmed in the February 29, 2000 Certificate of Occupancy. In visiting this R-40 Zone District and neighboring areas along the County Road, there were no accessory buildings that are used as habitable, heated areas. No accessory buildings exceed the code height limitation of 18 feet. The applicants' property is presently nonconforming with respect to the Certificate of Occupancy confirming a two-family dwelling on a 48,182 square foot lot. Change of use of the rear yard accessory building for non-permitted heated habitable space is not within the character of this neighborhood, and the relief requested will produce an undesirable change as proposed. 2. The benefit sought by the applicants can be achieved by some method, feasible for the applicants to pursue, other than an area variance. An addition to expand the dwelling as the principal building, or conversion of floor area within the principal dwelling structure may be considered as an alternative for the uses proposed. Habitable space and heat exists in the principal building the premises. A heated music room, gym, game room areas are not required to be in an accessory building. Other options may be considered: (1) to provide these rooms in the main dwelling, (2)to plan for an addition or alterations to the existing dwelling. 3. The variance requested is substantial. The conversion proposed to use the accessory building as a heated music room, game room, bathroom, gym, are habitable areas that are not listed as permitted uses under Section 100-33 (280-15) of the Zoning Code in an accessory building. This type of habitable space is allowable in, and can be added to, the applicant's existing dwelling, the principal building. Further, only one dwelling is permitted on a lot. The applicants are proposing a substantial nonconformity in changing the use the existing accessory building with a conforming accessory use. 4. The difficulty has been self-created because the applicants acquired the property with knowledge of the non-habitable status of the barn building, which has been existing for more than 10 years. 5. Grant of the requested variances will have an adverse effect and impact on physical or environmental conditions in the neighborhood or district. The variance request, as amended by applicant, is for a new foundation related only to the proposed change of use of the building from an accessory non-habitable use to an accessory habitable use. This change of use is not permitted under the guise of an area variance • Page 3—November 9,2006 • ZB File No.5921 —Andrew and Ve nselmo CTM No. 74-1-23 application, and the allowable uses of an accessory building are provided under Zoning Code Section 100-15 (formerly numbered 100-33). If this variance were granted under the standards of an area variance, a change in the physical and environmental conditions in the neighborhood will be created because only one dwelling is permitted on a lot in this R-40 Low-Density Residential Zone. This property would be the only lot in the immediate area that would contain an accessory building, with nonconforming height exceeding the code limitation, and with habitable space. 6. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicants to enjoy the benefit of additional heated, habitable space. Alternatives are available to add onto the principal dwelling, or to convert interior areas of the existing dwelling into new floor space, on is 48,182 square foot lot. 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 Dinizio, and duly carried, to DENY the variance as applied for. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). til. d9•MA-ctr Ruth D. Oliva, Chairwoman 12/ LZ[06 Approved for Filing 74, �rt, SURVEY OF PROPERTY '(� SITUATED AT QED s- -Po V'• PECONIC ,120 9�9 a�s�, �. .� TOWN OF SOUTHOLD 11 �� ai s ......0.„.‘ �� SUFFOLK COUNTY, NEW YORK �IO(FxO..Nps J 4',2 ... vp2 q`e�y�m p S.C. TAX No. 1SCALE 1" 40 —01-23 Kb��'[N�cl`� flu.1i1 ti /Os % ' c FEBRUARYI 8, 2006 1'p VF "�-�St P P APRIL 19, 2006 ADDED PROPOSED SANITARY 5ThFEM ‘,.0-7#.5 _ y a /o ff ¢� �` l �n AREA = 48,182.95 sq. ft. .f. �a �o-h,; �} • •?0 °'O.`Os- o n 1.106 oc. ar d� a �1 * • N I ' E 4 Ate. S.t 0¢••4 4' „ 'r' Mores soo I.ELEVATIONS ME RUIREICED TO AN ASSURED DATA `` •ryea// • j.�•'° '_ Q` cP 9 PROPOSED COSMO ELEVATIONS ARE MYATT NAM;OLP SEPTIC SYSTEM S1M PROPOSED 50%MIMIC EIPMESICW POO. C1116YIC• Ceti ` i' O� `Nh yym61 \ A �T I � o ^'roan r oe.We mTL • ir CrWDSS.4, naoMot\ k• 1iT �o. O +arugn mm OMAN*SEPTIC TME Oa o • u.. MUM mqc r ,, x9OPROPOSED CDEMOUT 0 Ay3.COSMO SEPTIC SYSI TO EE RAM CLEAN Me EY IdMEI OPM10' % \ rB. s h6 FILLED WITH QSYSNE AS PG SCD.NS LECTJ11U6\ Wial. �,p ��\\ 4.TOW LO ATEA*or winsNN c69pOLS NOON MRM JE PIIOY Tap > •.'M� ,• 3MLl!,YAE �}O(P.5 CRI,AIKMS NEON °DATA ORM MON ODIES. a ps: r?H,Y. 4 d1L nit o: ,LR S•a •. \41,..‘ `, ID RR SURVEY IS A'MAME OE ` V` acml)mc a,DE NEW EDF sAK o4 et RIMED SEAL gat p iM„ a ,,,y� O^ • • 1y5�. PROPOSED SANITARY SYSTEM BY: ��W ��pp ,� 7 '�M' •- JOSEPH FISCHETTI, P.E. WC . S N .4 Sfp" S 1-t• yJ 1� ^\` 1725 HOBMT ROM/P.O. BOM 615 EENiD SEW WINE W9T E onmvEn 9"N y • ' GN,13 S� �i 5J (]1 `\ 1 r — SOUTHOLD, NEW YORK I197I n s A WAN GM ONT. Qv .3 _ O sYY ONLY W l 10 2 N RGIm DEMIE Mee PR ON NAPE 90 o. >5€.....,A \ , i OIIVle TY xM I+_ 11.72=1:41416r4=1,M 'yam..te,2. . \o. �+5 �` Opti t Avow MOM.MMEOWµ01. ,�o TAINT.611iGq',N AE TNI UNI$WVME 111E COMM Of low or WAYS c�ti° 0. \ hs'q V .. X61 W �� .y0 '1', / \J yl�" A4 `_(O U MIY. .T SINFII M[NOT TILRNE®. yz2 �"��'. IOi'i 5 \\ c6 �yj SAOIp�Y�OM• . IIIEpNrN� • 1 ,'F .,ML rEN NMUd.YN.MPM •, \ i FTT,.. . ° �' (S:stivkii- e�—� i �1eaf' .. , . �OTEST HOLE DATA M 1 /l'�O.9>iffP ® 5�" � (2ST HOLE pUG BY y,•IXYt4E(:FOSI:ffN(:F qV JANUPRY 19, 1005) l� n \ .6f° 511 O EMS 200 ,mss ,.` 19�-- \ 4 h.sn V %/111111 ONM.W.o.N su,MnNM OL M �1 0�o �� 4�Fenax al r LI�� MNI..G,MM •• \ / .\_�.. .- • ' N.Y.S, jo. Ho, 19858 t'i Tifl,A,,,, _ _ SM Lbn, - Cael,G.4,n„'A„ '.. - PSFPLOTE WI)727-2090 Fut(631)727-1727 1 In 11 P"0N LOCATED AT LIM)C. L _ - DDRESS n RMAIbM31 O.IT AVENUEMICEE IR.erlw1 Ot P.O.Boa 19.Re Tot 11901-0385 • LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,SEPTEMBER 28,2006 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 SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,P.O. Box 1179,Southold,New York 11971-9858,on THURSDAY,SEPTEMBER 28,2006: 1:00 P.M. ANDREW ANSELMO and VERA ANSELMO#5921. Request for Variances under Sections 100-31 and 100-33,based on the Building Inspector's June 6,2006 amended Notice of Disapproval concerning submission of a request for a building permit to re-build an existing accessory non-habitable barn: (a) for the owner's private accessory music workshop with bathroom and related music and game room activities,and not as a dwelling; (b)for a height exceeding the code limitation of 18 feet, and with a setback at less than 10 feet from the property line. Location of Property: 31605 C.R.48, utho ; CTM 74-1-23. 2 The Board of Appeals will hear all persons,or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions,please do not hesitate to contact our office at(631)765-1809,or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: September 6,2006 ZONING BOARD OF APPEALS RUTH D.OLIVA,CHAIRWOMAN By Linda Kowalski #8070 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Dina Mac Donald 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 week(s), successively, commen ing on the 12"' day of October 2006. if/4 tit 206. Principal Clerk Sworn to before me this I2 day of oltA 2006 C J htA olAr)N,1 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6108060 CUollfled In Suffolk County Commission Expires February 28, 2008 • • • /- /f ki /2/4)/�ll6,1u'r o v Ic dy d B g W two apps-e Ii Mynd SRUJ / L K Theis ) 5 ry B$$$����B'R dfyl,, / JE 6f.Bss 1'n 111 iugy RW°heerfhget Ian I I r•,. 10.0$4,-1M7€gl 9)�riiwif in March 7,2006N1 f Ihecd g Id Ave.66FI d #964 R d t(Ih f ,,gcpe ,.,,uba miler 28 2(6) able [ duringregulargbum 1 July 212406 N'h df Eh flint 1'ad 1' 21- . liths are re hearing If y num hours u e h prior[y qfuestions, day f the p Iamended W F S 31220068 f g =que kd940wsffunndsif du 11 i,derIUMIlinsttale.to,h urs S ur 1offiee Cl&WrOgOns(droit(21tQal))oligg).�9cb- p;d�,id�wg4oq 019na EM$ .,et(40)7,41:1009,96 bre l Laid 4 9f JS8 tnh1 h 4?) (D , spoq;�%th IIS'- rKpwgil ciT rypSouthla yuc um:/ring elating I llro thel4� f1(iabyfr end 1a DbP Scplembe5292006 g(ref B, I I Permit M S3Y dee haat ecedmg cad hiMitatiGn o$ igIlerGB0ARD OF APPEALS 411/61.ZBA FIIc%'1074glrynteMBA80/6Rtl MOM/161 okch lfloh,na at East lEnd_;I RPf2'1'1 D.CM IVA,CIIMRWOMAN ;1 78A File Nj1M glint 49/gighp)y Ro04(v mty(MOIMM.+p Land Mon. 8070IT40/12.; cdristrurted AIMspheight e d5gih Er Pand)Fi len t)land,,C('M 1211 cod.f 'laI 1B teat and Withan as- I:M1 PM ICARF71CK"GARW Im f Mum orse.and dueling unit IAN.Pad HACI('(BARMAN 11593T: ha h is not per mat,"assna de sop (1/artymerl Rom 9/28 and 12ESO1 II use Medium oeshameng. 570 Third I ION fowstte subouscisillre , Steeel.Nck S f lk CTMll.7)2I A grarht d mom) R Ia ted ore 015 AM ROBERT P USHER Vajmneeh unlierS'dons 280416(100 lft.indivnlualr and as attorney in-fact 2394)and 28(1124'(100244)l base.on kin KIMOCFNOR i'fNNT COMPA- '..0tc Building Inspectors.Mar 4,2006 NY 45967 limpd on the dupla:anisNotice L JD tf 1 'n g'te +(M.If 4 CF e f nbuilding in meant to t phcant's q 64(t ld permitIo ,"o e :INTI addition el dwelling lia 1 rd t ea N' x411 dwelling' ( O' + ER26,2006 1 Bollagl I Safi b 12 (r demolition £u existing I6 �.I Oo�BBFR16 dbllfi qMN - [IJ II LMum} ion I p osed "' i idk• hRE�fS l elle I I yt l 1f I c than l if ram ill top f b ® JS BYGIVEN,p a t diel tl I bluff bank of the IA Sound,Ithane t bd 9 R f ,1 i s 11.1 1 h tam 11 d d 15 Mei sae r 9B g 1 put Novsedwelling 1 K nogeu Point, yard,tis d l thanthe l d 5 het g e('h" e g pub NS0 A CCM II)101 1 d 47 yard total of 35 fee, 6 Dag/Z h Id by BOARD O SR 'll I /16 WA A M M\R8liB na 1 4 i 54th e d 46 uthdd 4441 DLRC TO♦,lM 9 INGTov Haf OF IR/WARD ML-INclumt r 113968'1"03 rhet p lit 1RLIM 091,9 Based onlb ppA dey.().B9 Ill) JRSDAa I 106 biotin. h l p Croaat ober 18ABL uestfN} p dpe Il to Nen/NorteOBR 26,2006-bngjl_UBSDyjV tion Not !Disapproval cont Wig construe( request f building a t /OCTOBER SHEM JERF Section Ito N O'0 124) in s nslm t adv and att o kito ln 4A IITO JEREMY sdAon the tad 1, 1 I lend yh 11 the l gdly 1l2i1 o B ID,g jfAM11TIn cio58 Batt) 0n the 1 IS f15 ll onshin d and approval Inspector's11y P12006N Notice (Dn It 'Building fDt Inspector's July 6 21106 10 1 than 35 f 1( 11 ,bin d ul, 242A, t Dbepn p 2$0N22(100) [ f 8 ppms Icitingc l g IIN v l l Iv;l 11 S 1 le Bay B ole sad 280-124 EMI 24e varlames concerning proposed d additionCo the, N RI AM MON(, as CARO gdoven f t vwg frost story acid] the dwelling hfirolll front s a IAN RI-DMAhn )5l Based on the t v ❑ tagshiO of the setback s than En e-requited k B Id Incl Jun ll It on It Iime d deck additions,which (et at 3535 Park A c.Ma11iIu k ill f 1>0 14 I F y.re 1M use t 11 constants:an increase .90AMTIM 123 1. IDAL12a614 l 1 td Ole degree [ ton les BP AM I.EIT 96( sonMc1 1 FM I k r� I_ than In located atl II IOfeet on singlelid WIEDrR£Inequ [ to6 nBased 1 I 111, d - fund le than ),N;a11b51W Westview ,Malfimck; Apph n er request to t uel 'al SI rob If both sin dy d a Cf MIS PM damns and 1f nt 1 eitti s 1 ,1 It 11 leyard, 1 , 195 PM l(Ians on I I R 1/5884 August udwelling,,2d the Building 1 .pets C1 NI 11+4:1 Request 1for 4(Am o6)under Sections1 Ain sS25,2011fi Nit01 fU80J24f t 11195,AA1 ROIIO,a Ba d i, IW)base (cm IM asdelni n(280- citing reaon 29Uadd dsa0P241 I211I lis IKU}'931 Based 12d).b, l mnioanicl l'.Building thethat the additions an alter., N ,..4I Inspect.,. id ti loll for ho I e ua it and the otlding I willconstant, I It mil 11 1 8 Inspector 1I yh MOB f degreeL ant I.. Id lu XIJ) g Dndstating propos,_I td mgthnpm a q 435 II ::I y.Ig h r krdwellingconstructionai 1 ,in 1 of Prop theri i 1 e Location l ,and d jet, dl I vie 1 1 n Md. leyu oik,Street 4y..ag I6icadc fm I llb,and 1 h 1 t,andtotald o lhs,]5 Nip, spj oil PION aryl. i hie r 1 eefv feet,and d . Mn1 thano,i 11, 4n nh i jos a PION dnpll l 1 . F 11 11Sm d Sound 1 '11 1 sar a 160(Ml)4 vni2,Bry ee0 9 M dap4l d>Q]I of Prop. 09 ch Br,l1 PM A14 RtW fL2 H SE Of PAI(F '5926 11 Bros055Mallih(IDLl)tCI 1SSPM es+NSDR£l)',.5971 MO an d 4( ll JU, N DlERp IAesnqueIIANCI. dI for grail Mr1der SrIt [Rah Ie a d 1 n rams 1:.1 r ppl t:r y 1 inns) f 1 under Smons f recognize 6�0 act r building A lammcBudding 6 ilout0n) 'Mops (gr RIS). 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I l 0 im g (b)n Minh/Ohl dsnh street, a with the gp o LII `._t. s d'e'1 In Ilsfe9 nnoperty of the a(adjacent e II g tk e Illi'AM JOIN and i apph le atl thanID(9LIb property fr I),mut erly on olthAM Pared.52 [MAUI 59M Il Ihr PMI line [d-on lal erg/741-2111605C1t W14pp e C2sn e 1 ( Il lrequestf building ust t Jas Southold,JOF.8 AD Inspector's l a a)May 30 5IXH I I Buildingf 1 August 21201)6 INE M ADA 5944 u IIOR Noo 100-2441(280124) le([014)r I ming.maims Nome 4IDi 2 mai citing dcI 11AINEanA c9'n B Request d00244(at len than d,pep'litre 10023131411211061116)100 ..mincsa rI2Me either A Fla„s V1 a ,re dwelling nt Ihv N 1 1 for(n L Il e/lee U ( Iba ed on I lg li nt .Lar d 0 k 4'- quested I built M1 otubm st n al) tan ' 44 et fora416 d Ibc n I 1 00 C 1 CfM I l a1 than 75 Lei f ro b o< odl lb Ifs e de gp I 52311 h a li x 6 I t r addition0 N' ❑ 1d g low alto i, 50 MtWAlB e nreilaiIN ��9,�uIj f fl 1i al 2m.prop (D Ip 1 ,Ise �e su1 a moflho noIpiit g meg n m61h1ee hbecm rls 2n u A 1tgt RYXgn NNgtS(280 4'b IDr I h Ip6,, alu 0 ,nfo g h Id g ld I n pp lefES hnnlll`ao 210 10f l bomb Ile 1045E al Sl 0,k smlet nfnvaing Iee,e) IJ) V nag g eci (bMeal Dem,tSauthnlal IARLDA.-1 S .f 'welling T1 nylmaaln OIL'aatWat a 14"1 d a as Mi, S g 14 S,Iv4 cwmtfi S AND t LISA m 1 'ha under t g t tae . hod q d ➢ne Menages JR.'I On Bad I tl 1 S t d)1MI 31A (100 H4 only one 1pc ydonne/ q l } N pl 1 g c 1 l qn Ill( I 1 Kt a 1011 I P u t "di 1 1 1 a q 1p ydK Dime,B� Ih 11 i rM 4411 a If t I n and SI I P]Ip r4 gi s v ' , iR (. t, 110 � 6 1 I t ci t 20 2006 nglE glI 97 t IS f r Loc.". f SIS JOS£ " ed af3ZU9 b &&&�� ° p wl g S P p hy ]9]26 eB4Boulevard, $%2 B ee the 100244 (280.124) m pf p a Ii t II LM126ll IF figdity„0 pee Ri?4Popr1 1 t i 1 rm�l feet e�f m p m ,cong149 or IH a tushre IVY t t hs.elc 3 dt (2M l� 1A) s I b o f Iq t d d hon- g l be h a t each heat s andor 5g� sS qi'Id�'iake uh t ta g 1 , Ightin ) l al s ii Mur desiring.A j b I vyr)1)em luteole Is iiikR twenant e g w u o Ip a 111-2mn 'tall,o men sue lline.,e.pw�,eak n e E y a,ne„�to,.. cTM I u 252 � " ,, , P ' 454) I4 u of'RY FORM NO. 3 thiPeCan at. 10124 PPU. TOW1' OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. wit NOTICE OF DISAPPROVAL lJ DATE: May 5, 2006 AMENDED: June 6, 2006 AMENDED: November 3,2006 TO: Patricia Moore a/c Anselmo 51020 Main Road Southold,NY 11971 Please take notice that your application dated May 4, 2006 To move and make alterations to an existing accessory building at Location of property: 31605 CR 48, Southold County Tax Map No. 1000 - Section 74 Block 1 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed alteration, converting an existing accessory building to a game room, gym, and music room is not permitted pursuant to Article III, Section 100-31, C., which states, "Accessory uses." A game room, gym and music room, are not permitted accessory uses. This Notice of Disapproval was amended on June 6, 2006, to address items not included in the original notice and on November 3,2006 to address changes in the scope of work made by the a ed Sid ture Note to Applicant: Any c ange or deviation to !kg-above referenced application, may require further review by the So:thold Tow . ' sing Department. CC: file, Z.B.A. • M • APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS 3 �� For Office Use Only Fee: $ 10, Filed By: (j, -,P, �- ,�rt Date Assigned/Assignment No. 6 Oh G// 3 l0& J :iJ Am • Office Notes: G l�p,nGV Parcel Location: House No.31605 Street CR48 Hamlet Southold gE SCTM 1000 Section 74 Block 1 Lot(s) 23 Lot Size 48,182.95 s.f. P JUN 1 3 2006 F� Zone District AC >>/ I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILD SPECT9R I DATED: 5/30/06, amended June 6, 2006 Applicant/Owner(s):Andrew Anselmo & Vera Anselmo Mailing Address: 31605 North Road, Peconic NY 11958 Telephone: 914-384-1839 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore Esq. Address: 51020 Main Road, Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) X Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED May 4,2006 FOR: ❑ Building Permit (alteration to accessory building) ❑ Certificate of Occupancy El Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. OArticle IIIA Section 100-31 Subsection ( C ) Conversion of accessory barn into game room, gym and music room Article III, Section 100-33 (A)proposed reconstructed structure exceeds 18' (20.7 proposed) 3 Article III, Section 100-33 (B) existing setback is 7.3 feet from property line Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Code, Article_Section • 0 Reversal or Other A prior appeal 0 has 0 has not been made with respect to this property UNDER phl" k 1 ' No. Year I JUN 13 2006 Part A: AREA VARIANCE REASONS (attach extra sheet as needed): 1.1 , : (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing barn appears to have been used for habitation- farm labor by the prior owners (Millman). According to the Landmarks preservation commission this property was the Vail Farm. In 2000 prior to the sale of the property to Anselmo, the building department determined in 2000 that the barn had not been used for 10 years and was non-habitable. However, upon inspection it appears that the building remained occupied despite the poor condition of the structure. The survey shows existing conditions - the existing structure is at 7'3" from the property line. The current owners, Anselmo, wish to reconstruct the barn. The existing structure tdoes not have a balcony which the owners wish to add. The location of theBalcony is to the /y9 north, it looks out to the farm fields, rather than to Route 48. The existing structure is 7'3" from ei the property line, however, the owners will relocate the barn so that the 6' cantilevered balcony is no closer than the existing stcture: i.e. the setback of the 2"d floor Balcony will make the foundation location 6' away fromruthe existing setback. et The owners wish to convert the space from an unusable accessory building to usable recreational Aa° space. Mrs. Anselmo is a pianist and wishes to make use of the large spaces in the barn for her �\ private music studio. The second floor will provide an open piano studio and the first floor is \0 usable private recreation area- game room- personal exercise equipment and storage space. The existing house is a preexisting two family residence with historic significance (see attached Landmark Preservation Commission report). The house is owner occupied, they have no plans to expand the house. There is no room in the house for a piano studio. The existing barn is the perfect re-use of a building which is no longer used for agriculture. This parcel at one time was the farmhouse for the northerly 47 acre farm parcel. The existing structure, if rebuilt to code, will exceed the 18' accessory height regulations. The owners, however, wish to replicate the historic look of the barn and retain the historic character of the property. (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: The property has historic value: the house is believed to date back to 1862 and is described as Italianate Style architecture. The owners are reluctant to make alterations and additions to the existing house because it may compromise the historic character. Additional living space is needed by the family and the barn will preserve the look of the barn structure and provide the needed room. As a musician, the private music studio provides a quiet space to practice. The adjacent northerly property is vacant and the property is screened with natural vegetation. The owner is willing to move the barn away from the property line and make it more conforming as 411, t JUN 1 3 2006 L c: ; to setback. The owners are flexible with the location of the barn, the proposed rec6h trueted - J barn would be no closer than the existing structure (7'3"). The 6' cantilevered balcony will be no closer then the existing structure (7'3" from the property line). The accessory structure will be moved towards the road by 6 feet. (3) The amount of relief requested is not substantial because: The new structure is designed to match the existing structure in appearance and built in accordance with the NY State building code. The original plan for the barn was to repair it, however, the structural elements and foundation are inadequate and would require extensive investment. New construction, architecturally designed to maintain the original character, is more cost effective. The barn contains a kitchen and bathroom. The music studio will not be used as living quarters (or second dwelling), the kitchen will be removed and a kitchenette provided for refreshments. The owners wish to make the barn a music studio. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property is heavily vegetated, the closest neighbor is to the east. This neighbor's metal shed is one foot off of our easterly property line and the properties have a natural vegetated buffer which creates privacy between the two properties The barn is 18 feet from the easterly neighbor and the owner is flexible as to setbacks. The location is desired because the property was historically developed with the barn on the north east side of the property and the balcony will look out over the farm field. The properties to the north and west are vacant. (5) Has the variance been self-created? ( )Yes, or ( X )No. If not, is the construction existing, as built? ( )Yes, or( X )No. The barn is preexisting, it once housed laborers and farm equipment. The owner wishes to reuse it and preserve the historic look. Reuse of farm buildings preserves the agricultural character of the community. The owner wishes to replicate the architectural style of the old barn but make it safe and meeting current building code standards. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The property is isolated from neighbors, across from the Peconic Gas Station and on a double highway (CR 48). The house is only 30 feet from the highway, the barn is set back and would be a private piano studio and additional recreational living space for the family. The existing house is historic and would require extensive and unknown problems to alter. The house was constructed in 1800's and alterations to these structures result in hidden costs and problems. The owners prefer to reuse the barn for their living space. The barn retains the original farm character of the property. . • • 0 5Ciji This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS . (Please consult your attorney.) Otherwise,Llease proceed to the signature and notary area below. 3tgnature of Appellant or Authorized Agent r� (Agent must submit Authorization from Owner) Sworn to before me this 1-77-1-1 day of Jurvc , 2006 . (N ary Publit2rrtern4 MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires Junes,_a_o 0 7 ,.R. \ a r 04 • • :;f'-' _Az TOWN OF SOUTHOLD PROPERTY RECORD CARD /? ,-6 AOgilfj V P-(A., An,s6 m STREET 31 6 05 VILLAGE ' DIST. SUB. LOT r '�4 .' Ani �pm FORMER,OWNER N' r E - ACR Per�enwi/S• M,IIat2n huff £a•€g4i za'AJr. r?,I&T`""a.,�.t.- / • 6 I • S W TYPE OF BUILDING C�geL�..jYlA 4PP l� (247;;;;;1/2;-, /ft c�r Qt. r "_'�` � �� ID SEAS. VL. FARM 'COMM. CB. : MISC. Mkt. Value . m LAND IMP. TOTAL I' DATE REMARRKSS �. /� - us 'o 0 deco 4-ry'"""' ,1 a `Lc.�.laci_g",„,,L+7,___,_ct ig:4_7_)______ 7 / YOD 'y- 41 .,. is/, r5,/. A,. 7 .5.. .4.(7'iege, -6 CC.gr /1eaui1L • / 70 0 o` 7 o O • . 0 0 • 2-;f-S ,/J4L•18- Mr'r.• • leo , • ` • • -CI- r. .. r C, . tic: — / 7 00 3 a-0 o S's0 0.7.2//5'/93 I/ -L9 43. 5S3 - Per ie-colst 4c f(mrcrt•+ th3,C.14o ° /00/ 5!/x/4 3 —L. ihzgp 07—M1/Lmah / R23S,000 �' 90 0 SLS o 0 N ;a 7 r• s:•-;k�.V 3 00 ' 0-7D73 ! 0 -1/l ' iL ;424 Ae 3 1 . i. . , i, pa S B k L cc NEW NORMAL BELOW ABOVE laiyl itS'.-L 1-2-420? q , . s,Qmt1CI {-U A 'ts o ' L71 u. ° FARM Acre Value Per Value Acre _ o Tillable 1 m Tillable 2 m Tillable 3 o Woodland o Swampland FRONTAGE ON WATER co ° Brush land _ FRONTAGE ON ROAD - i Ci!,. 7 /?24 ' m - House,Plot DEPTH 2 �0 6jIJ •., i D • n�i BlsUerlek-D 4 T _, nnr'ie _ .k COLORll14111111111111111111111 � C k 11111';111111111111111111 `.i TRIM • il1inlIERMENaE7umiii!N1111111111 _ ,B LO , N i m ilprimaimmis . .y7 0 ■.■IM®® .S■■■■■■■■ ■OM.■M®®■ M. Bldg. zs ,s. K ).8' Vio ✓ I Foundatioth,�C,t'2. f.4, Both / /4_ Dinette Extension !/ BasementFloors ,/r K. cn o Extension —y Gt I J 7 ( 70 ails 414, Interior Finish �� LRco . w Extension Fire Place ) Heat (" /L DR. N _ Q r..I — cc G x kni t 3 n/i Type Roof 4.4 Rooms 1st Floor 2 BR. o Porch ///f c/3✓ Recreation Room Rooms 2nd Floor 6 FIN. B. rch l d / v J 'id _ w Breezeway Driveway Garage _ m Patio o — 0 O. B. 2 . aGd eLalt .r /cr-d. - I ____ w Total 743,;.x, 7/3 2- •-., ,- ,.� e14, !';• 3 '.` ... - 2.110 tel �e -v - . -Fill.. 53 42— Cot ) _ NO pS PF:Ty .l,., VVI\1 I vi JVI I VI-ft 1• . �v.w IVIn V ]C1•IIVI\ IVV .... K WxmuME,AliiPn SALE OS .. `1 Red Property Tax Service Agency y vo `"�"i.e.t bUUI HOLD 06T6NNINOFWYFa1pN6,16 -�I� �ff e cf Fwrtr *eJ.4-.n, ttrot, M �� 0:11-04-0111 im i� t MIL R• ,,,,s -, ,. .. ....- . . \1 I ri%- '4419 /H s T . 1 . y1J " O g,5) tet+' a {+ va %1111 F 3 {5' •414 , *444 S ! % , .4'4) OFX R • ) ill MOIIL 36 �S IL A MAL ij \\ ,r • l O 1 it J • T.04c) W a O y Is !,9" y• 2M ` TON 6 SWUM ry 1 T N6 O y ,.. { e r 3 lF. • FRR PCL.NO. d Or c. .. SEE SEC.NO. - . 086-01-003.1 b !I e ".J / FOR PCL.N0. SEE SEC.fa , 015-01-0033" A. s TOWN OF SOUTHOLD , BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying'? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees •amined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Sift Phone: Expiration ,20 Iii . din: nspe • _ ^ APPLICATION FOR BUILDING PERMIT 11171 II i; Date , 20 MAY• Q % ,G INSTRUCTIONS w vGnls_3pJicatio MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,a plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector •es a Certificate of Occupancy. f Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. 11"2"7-ature of applicant or name, if a corporation) S07o 'flat" 'CO0z0 /LIZaao/c Ay 197/ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises AtidkettAJ 4 I/C yc, 7471Sc./M o (As on the tax roll or latest deed) 1111,licant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Illiers License No. bers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 3 / 60 J Nn rH\ (2oad House Number Street Hamlet ,��':fb1tI County Tax Map No. 1000 Section 7`1 Block / ,;,, ,,.,Tp,n ,s3J;;t£tf,�.� �?�� nri�Sdi'rag Subdivision Filed Map No. " 8.k c� H g�,Q r nisi (Name) �z.iNarnv� 2. State existing use and occupancy of premiss and intended use and occupancy of proposed construction: a. Existing use and occupancy ,zumn, a an'c - /zth om- { r /WAra /uti5tc//� &t119.2 /. rid.- 17:32ta9Cq - tcthe-r A024.0 b. Intended use and occupancy 9?Qino Sty ro —pc'mat- Ute. 3. Nature of work (check which applicable): New Building `ct ` Addthon Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__NO • 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO • 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OFR¢ • q.4--- L// l,t re-- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (C actor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be • performed in the manner set forth in the application filed therewith. Sworn to before me this y of 4.4a....4 f ��-- Notary Public Signature of Applicant Nosy Sri*,York Qahmbs Edares Marche r'o • 10 COUNTY OF SUFFOLK • STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING November 8, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) McCabe,Mary 5799 Patricia Moore/Anselmo 5921 Samuels & Steelman/Hoffman 5927 Julie McGiveny/Garipian* 5931 Robert Bassolino/Shack 5933 Burlingame, Glenn&Kristan 5942 Radacinski, Margaret Travis 5943 Patricia Moore/Bajada 5944 Glass, Kenneth 5951 Fox, Thomas 5952 Russo,Kathryn 5955 Michelsen, Howard&Valerie 5957 *Staff notes the pre-existing house and accessory structures. The applicant is proposing a rather substantial dwelling,which is 97%larger than the existing dwelling. Consideration should be given to limiting the size of the residence and meeting the 100 ft. setback to reduce adverse impacts to the bluff. Very truly yours, Thomas Isles, AICP Director of Planning /s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR • P.O.BOX 6100 • 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 (631)853-5190 TELECOPIER (631)853-4044 • p,( : ioyzt ft PATRICIA C. MOORE 4,0470 Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 October 16, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall (ji .T 1 H 2046 53095 Main Road Sla Southold, NY 11971fosol "-'— 'xl, Re : Accessory Buildings are nonconforming buildings- not nonconforming use . Dear Chairwoman and Board members : Simultaneous with this letter I have submitted to the Building Department the enclosed plans . The revised plan is to preserve the existing structure. The existing barn will be renovated rather than demolished and reconstructed. Whether the barn is repaired or replaced this Board is presented with the following issues • whether a private music room is a customary accessory and incidental use of the residential use . If the answer is yes, then it is a permitted use i .e . "conforming use" . • whether the conversion of an accessory building from a storage barn building to a music studio is permitted. The answer is yes, accessory uses are permitted in principal or accessory structure . • Whether the conversion of an accessory building applies Section 280-122 (Nonconforming buildings with conforming uses) or Section 280-123 (Nonconforming buildings with nonconforming uses) . If the use is permitted then 280-123 applies which permits repairs and reconstruction of a nonconforming structure . The barn will be repaired, not reconstructed, and could be made to conform to the 10 foot setbacks and the existing structure conforms to height regulations . The plans show the building at the proper setbacks and conforming height . • The owner is prepared to repair the existing building, at greater expense then reconstruction, in order to preserve it . Attached are plans for the repairs to the existing building. APPLICABLE LAW An accessory use has a well established meaning. In Rathkopf, Law of Zoning and Planning, Vol . 1, Section 23-1, : 'An accessory use' is a use which is clearly incidental to and customarily found in connection with and located on the same zoning lot as is the principal use to which it is related. ' And at Section 23-8 the same author states : ` The character of the building determines what are the customarily incidental uses which are permissible in connection with its use, and the character of the building is determined by what is its main, principal and dominant use . This, of course, is a question of fact . ' Southold Town Code Section 280-13 provides the following definitions which are relevant to the issues : ACCESSORY BUILDING OR STRUCTURE — A building or structure detached from a principal building located on the same lot as and customarily incidental and subordinate to the principal building. ACCESSORY USE — A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" is conducted in a principal or accessory building. • 280-15 Accessory Buildings : C . Accessory uses, limited to the following uses and subject to the listed conditions listed in 280-15 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter . Section 280-15 (1) of the code provides flexibility to the changing character of a community. 280-15 (1) does not list specific accessory uses such as personal gym or personal music studio, moreover, there is no "prohibition" on these customary accessory uses within this section of the code . For example, Pool House is not a listed example, however they have become a common amenity which the Building Department issues as of right . Gazebo structures can be elaborate sitting areas which are permitted as of right but is not specifically described in the zoning code . The Anselmos wish to take an accessory building which was used to house farm workers on the farm (an acessory use of the farm) and use it as accessory to the residence . I . Private music room or recreation room is a customary accessory and incidental use of the residential use . Therefore it is a permitted accessory use i . e . "conforming use" . It is Common knowledge that the principal residence may have a private music room, a private recreation room, a private gym, a private library, and unlimited number of rooms which allow for the owner' s hobbies . These hobbies are generally considered accessory uses in the principal dwelling. What we ask is that the Board recognize that section 280-15 (c) (1) allows these accessory uses to be on a residential property in either the principal building or in accessory structures and that the building department' s determination that music room is not a permitted accessory use be overturned. The owner testified at the hearing that she is a classically trained pianist . She wishes to use the second floor of the existing structure as her private piano studio. The existing structure presently contains a bathroom, kitchen and heated living area (existing propane wall heaters) in the second floor. It was at one time sleeping quarters for farm workers . The existing antique wood-burning stove will be retained. However, the wood-burning stove may not be connected if it does not pass NYS fire code; if it does not, it will be ornamental . The owner merely requests a music room for her residential use. A use which is incidental to her principal residence . In East Hampton the issue was addressed in Kam Hampton I Realty Corp . et al . , appellants, v. Board of Zoning Appeals of the Village of East Hampton [known as the Martha Stewart Case] . The neighbors appealed a decision of the Easthampton ZBA which allowed several accessory buildings to be constructed for use as a gym, office and library. The ZBA concluded that in East Hampton the Board often permitted the conversion of existing accessory structures to a gym or exercise studio, or to a library or home office. Construction of new structures with the same uses was also permitted. The CO issued by the building department for these structures was upheld by the ZBA and the Courts . II . The existing barn is a nonconforming building with a "conforming use" and 280-123 allows "remodeling, reconstruction or enlargement " . The Barn has cultural and historic significance, and will be more costly to repair then to rebuild. The structure will be made more conforming with regard to setbacks, as the code requires . The barn will be moved onto a new slab located 10 feet from the property line. The existing structure conforms to exterior height limitation. [New construction had to comply with New York State Building Code and required a 2 . 7 feet height variance (20 ' 7" rather than 18 ' to the mean) . ] As owners of former farms insist on preservation of the agricultural look and cultural significance of the barns in an agricultural community, reuse and reconstruction of barns will become more common. These barns are traditionally over 18 feet in height but have little or no practical use to the residential use of the property without the attached farm. Some of the • • barns have deteriorated to such an extent that reconstruction of replicas is more cost effective . The preservation of the agricultural character of the community begins with preservation of agricultural buildings . Whether the barn is replaced, in kind and in place, as reconstructed replicas or preserved through major repairs, the town should support this effort . In the Anselmo case we will not create a detriment to the neighbor because the barn abuts the farm field. This property is recognized for the historic architecture and character of the buildings . The owner wishes desperately to preserve the agricultural heritage of this property and does not understand the obstacles raised at the ZBA meeting. 280-122 : Nonconforming buildings with conforming use allows for 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 building. The proposal will eliminate setback nonconformity. The existing spaces will be made safe by compliance with the NYS Building Code . III . The owner will repair the existing barn to preserve the character of the property. After discussions with Mike Verity, Building Inspector, the Building Department will authorize, as of right, the repair of the existing building. The use of the building for a music room remains at issue . But, once the accessory use is authorized, the owner will receive a building permit for the repair of the structure . IV. The only alteration to the existing structure proposed is an open balcony looking out to the farm fields . This open balcony will provide views to the farm fields . The conforming setbacks will be maintained. • • The Martha Stewart Case for your convenience: Supreme Court, Appellate Division, Second Department, New York. In the Matter of KAM HAMPTON I REALTY CORP. et al . , appellants, v. BOARD OF ZONING APPEALS OF the VILLAGE OF EAST HAMPTON, et al . , respondents . (Proceeding No. 1) 273 A.D. 2d 385, 709 N.Y. S . 2d 613 , 2000 N.Y. Slip Op . 06222 In the Matter of Kam Hampton I Realty Corp . et al . , appellants, v. Board of Zoning Appeals of the Village of East Hampton, et al . , respondents . (Proceeding No. 2) June 19, 2000 . Neighboring property owner brought related article 78 proceedings to review determinations of a village board of zoning appeals confirming a building inspector' s issuance of a certificate of occupancy and of two building permits to a landowner. The Supreme Court, Suffolk County, Underwood, J. , denied the petitions and dismissed. On review, the Supreme Court, Appellate Division, held that : (1) determination upholding the issuance of the certificate of occupancy was neither arbitrary nor capricious, and (2) evidence supported determination that proposed accessory buildings for a gym, office, and library were customarily incidental to the main residence. Affirmed . West Headnotes [1] KeyCite Notes Link to KeyCite Notes Key Symbo1414 Zoning and Planning Key Symbo1414VIII Permits, Certificates and Approvals Key Symbo1414VIII (A) In General Key Symbol414k384 Nature of Particular Structures or Uses Key Symbo1414k385 k. Architectural and Structural Designs . Most Cited Cases Determination of village board of zoning appeals upholding the issuance of a certificate of occupancy for a studio had a rational basis, was neither arbitrary nor capricious, and was supported by substantial evidence, despite claim that the studio constituted a second dwelling in violation of the Village Code; assertion that the design of the structure indicated that it would be used for dwelling purposes was based on pure speculation. [2] KeyCite Notes Link to KeyCite Notes Key Symbo1414 Zoning and Planning Key Symbo1414V Construction, Operation and Effect Key Symbo1414V(C) Uses and Use Districts Key Symbo1414V(C) 2 Accessory Uses and Buildings Key Symbo1414k307 Accessory Buildings Key Symbo1414k307 . 1 k. In General . Most Cited Cases Key Symbo1414 Zoning and Planning KeyCite Notes Link to KeyCite Notes Key Symbo1414VIII Permits, Certificates and Approvals Key Symbo1414VIII (A) In General Key Symbo1414k384 Nature of Particular Structures or Uses Key Symbo1414k385 k. Architectural and Structural Designs . Most Cited Cases Determination of a village board of zoning appeals, in issuing building permits, that proposed accessory buildings for a gym, office, and library were customarily incidental to the main residence was entitled to deference, had a rational basis, and was supported by substantial evidence; claim that the design of the structures indicated that they would be used for dwelling purposes was based on pure speculation, and the board notea that it had often permitted the conversion of existing accessory structures to a gym or exercise studio, or to a library or home office . **614 Michael G. Walsh, Water Mill, N.Y. , for appellants . Pachman & Pachman, P.C. , Commack, N.Y. (Matthew E . Pachman and J. David Eldridge of counsel) , for all respondents except Travertine Corporation and Martha Stewart . Emery Cuti Brinckerhoff & Abady, P.C. , New York, N.Y. (John R. Cuti and David H. Gans of counsel) , for respondents Travertine Corporation and Martha Stewart . 4 4 LAWRENCE J. BRACKEN, J. P. , DAVID S . RITTER, GABRIEL M. KRAUSMAN and NANCY E . SMITH, JJ. MEMORANDUM BY THE COURT. *385 In related proceedings pursuant to CPLR article 78 to review (1) a determination of the respondent Board of Zoning Appeals of the Village of East Hampton, dated April 4 , 1997, which, after a hearing, confirmed the issuance of a certificate of occupancy *386 by the respondent Building Inspector to the respondent Travertine Corporation, and (2) a determination of the respondent Board of Zoning Appeals of the Village of East Hampton, dated January 9, 1998 , which, after a hearing, upheld the issuance of two building permits by the respondent Building Inspector to the same corporation, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Underwood, J. ) , dated February 22 , 1999, which denied the petitions and dismissed the proceedings . ORDERED that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs . In February 1995, the respondent Travertine Corporation (hereinafter Travertine) , an entity owned by the respondent Martha Stewart, purchased from a museum approximately 2 . 5 acres located in the Village of East Hampton, which were improved bia main residence, a garage, a driveway, and an accessory structure denoted as a studio. The residence and the studio had been built by the former owner of the property, renowned architect Gordon Bunshaft . Mr . Bunshaft and his wife **615 had bequeathed the property to the museum. After Travertine purchased the property, it obtained a certificate of occupancy which, rather than simply denoting the accessory structure as a "studio", specifically described the layout and contents of the structure. Subsequently, Travertine also obtained two building permits from the Village, one allowing repair and renovation of the studio, and the other giving permission to Travertine to construct three other accessory structures on the property, comprising a library, home office, and a gym. Thereafter, Travertine also obtained a variance and a Freshwater Wetlands Permit from the Village, permitting it to, inter alia, remove dead and diseased plants from a portion of its property which was classified as Freshwater Wetlands, and to re-vegetate the area with deciduous and other freshwater wetland plants . The granting of the Freshwater Wetlands Permit is the basis of a companion appeal see, Matter of Kam Hampton I Realty Corp . v. Board of Zoning Appeals, 273 A.D . 2d 387, 710 N.Y.S .2d 915 (decided herewith) ) . [1] Link to KeyCite Notes The petitioner Kam Hampton I Realty Corp . , a corporation owned by the petitioners Harry and Linda Macklowe (hereinafter collectively referred to as Kam Hampton) , own property adjoining Travertine ' s property. Kam Hampton challenged the applications made by Travertine . On this appeal, Kam Hampton contends that the certificate of occupancy was improperly issued for the studio because it constitutes a second *387 dwelling in violation of the Village Code, and that the municipal respondents acted arbitrarily and capriciously in granting the two building permits to Travertine . The determination of the respondent Board of Zoning Appeals (hereinafter the BZA) in upholding the issuance of the certificate of occupancy has a rational basis, is neither arbitrary nor capricious, and is supported by substantial evidence ( see, Matter of Sasso v. Osgood, 86 N.Y. 2d 374 , 633 N.Y. S . 2d 259 , 657 N. E .2d 254 ; Matter of Ten Two Ninety Realty Corp . v. Zoning Bd. of Appeals of Vil . of Harriman, 221 A.D . 2d 344 , 633 N.Y. S . 2d 370 ; Matter of Fischer v. Markowitz, 166 A.D . 2d 444 , 560 N.Y. S . 2d 496 ; Matter of Naumann v. Zoning Bd. of Appeals of the Town of Carmel , 161 A.D. 2d 714 , 555 N.Y. S . 2d 855) . [2] Link to KeyCite Notes The determination of the BZA that the proposed accessory buildings for a gym, office, and library were customarily incidental to the main residence is entitled to deference ( see, Matter of New York Botanical Garden v. Board of Standards and Appeals, 91 N.Y.2d 413, 671 N.Y.S.2d 423 , 694 N.E. 2d 424) , and is upheld since it has a rational basis and is supported by substantial evidence ( see, Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444, 410 N.Y.S.2d 56, 382 N.E.2d 756; Matter of Collins v. Lonergan, 198 A.D.2d 349, 603 N.Y.S.2d 330) . Indeed, the BZA noted that it has often permitted the conversion of existing accessory structures to a gym or exercise studio, or to a library or home office. Kam Hampton' s claim that the design of the structures indicate that they would be used for dwelling purposes is based on pure speculation, and not any fact in the record. As the BZA correctly found, the law does not permit it to speculate that a permit applicant will use a structure for purposes not permitted by the village' s code ( see, Matter of Kelly v. Zoning Bd. of Appeals of Town of Harrison, 224 A.D.2d 424, 638 N.Y.S.2d 101; Matter of Di Milia v. Bennett, 149 A.D.2d 592, 540 N.Y.S .2d • 274) . The petitioners ' remaining contentions are without merit . Copr. (C) West 2006 No Claim to Orig. U. S . Govt . Works N.Y.A.D. 2 Dept . , 2000 . Kam Hampton I Realty Corp. v. Board of Zoning Appeals of Village of East Hampton 273 A.D. 2d 385, 709 N.Y. S . 2d 613 , 2000 N.Y. Slip Op. 06222 END OF DOCUMENT 4111 411 • to FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-26957 Date ' FEBRUARY 29, 2000 THIS CERTIFIES that the building TWO FAMILY DWELLING Location of Property 31605 COUNTY RD. #48 PECONIC, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 74 Block 1 Lot 23 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a Two Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-26957 dated FEBRUARY 29, 2000 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is NON-CONFORMING TWO FAMILY DWELLING WITH ACCESSORY GARAGE AND NON-HABITABLE ACCESSORY BARN * The certificate is issued to SAUL & JANET MILLMAN (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A ' PLUMBERS CERTIFICATION DATED N/A *THE ACCESSORY BARN (COTTAGE) HAS NOT BEEN USED FOR HABITATION FOR 10 YEARS. THIS UPDATES PRECOZ-4949 DATED DSC. 18 1972. /icing Inspector Rev. 1/81 03/01/00 09:20 EDWARD JOHN BOYD U, ESD. 51856 CO1 • TOWN OF SOUTHOLD BUILDING DEPARTMENT , Office of the Building Inspectoi`" 1 ' m Town Hall II . Southold, N.Y. E JUN 1 3 2006 CERTIFICATE OF OCCUPANCY \ 59,91. I Not Z-26956 Dates 02/29/00 THIS CERTIFIES that the building ACCESSORY Location of Property' 31605 CR 48 PECONIC (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 74 Block 1 Lot 23 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 4, 2000 pursuant to which Building Permit No. 26348-Z dated FEBRUARY 14, 2000 was ' lsaued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is CARPORT ADDITION TO EXISTING ACCESSORY GARAGE AS APPLIED FOR "AS BUILT" The certificate is issued to SAUL & JANET MILLMAN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. - N/A PLUMBERS CERTIFICATION DATED - N/A 7 t rizeSignature Rev. 1/81 ELIZABETH A. NEVILLE I IS/ 4 0 Town Hall, 53095 Main Road TOWN CLERK sis P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 G MARRIAGE OFFICER �1� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER \4%4-COMM Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �'yC�� ��,�� " southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 15, 2006 RE: Zoning Appeal No. 5921 Transmitted herewith is Zoning Appeals No. 5921 of Andrew & Vera Anselmo - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter to the Z.B.A. from Patricia Moore dated 6/8/06 and a Cover Letter dated June 13, 2006, a Notice of Disapproval dated June 6, 2006, a letter from the Z.B.A. to Patricia Moore requesting other information dated June 12, 2006, a Site Plan, Applicant's Project Description, an analysis of the home located at 31605 North Road in Peconic by the Southold Town Landmark Preservation Commission dated March 26, 1986, a Building Structure Inventory Form dated October 1986, a Certificate of Occupancy, a Map of the property, Transactional Disclosure Form, LWRP Consistency Assessment Form, a Short Environmental Assessment Form, a Survey of the Property, and a Section, Elevation, and Floor Plan. 1--------------- PROPE.F77 y//C, ` 1, �' i 0 ! NEW P&G L 1 '— 6 I �,.., . — — — � _p.SP 15Ecoe�T,��aNGy air E f• S�aR G � _ 1 L ' \II',; ' �.'hj music 57-41#0/0 vv '11 _ - - - ' w•: - ---- Sjo,�, GE 9 H � I Flus itil6 .k 1_ -1- �xis�sr4i� ; 1OR & ?T@., 10a %i� �, :, I' 111 i Fc Y - Muni. 1 Pira:, I '' ' ! V I r i __, _. . 1 . __ .'7 - — 11 ' c ' I _ 1 --- s-aoF FIRST FLOOR PLAN SECOND FLOOR PLAN s!¢° Iltj as=o" — — —f — �8 0� - - - / scale:1/4"=1 ' 0" � � �� fi v (1%. _la iff7, -;'-'-- %%.3/4% ."' ' -A sfli zsc 7 3,59,,v c;GC..s- , , r , f 1 .40 , I. _____. ___ _ __ _ __ ____ , _ .. . . _ . , , . ____ _ X.I Ia ..I I JR/ f �/� ' �� 1 1 i ! P 1 r 1 - �' � IIII11 Viii ' — — � �li � �I, viz) ��I�I — � � �' II I - —� — � l `CO iI . 1 j 1 , — `st poo`S ---'� �� - - NORTH ELEV. - WEST ELEV . SECTION PRESGAJ7 Lade -i&= . --fit toc&figI H� - - 2-J-- >- N° Dc °� 1� a a ASCI/:II/A/& 0C.": 1 Tet O/s! 4 u t° .Illier j Iraellill .1141111111111104471104 • %VI . 1... .,.:..a...,...Mre:6Migri..SWt L.; erig-la"....altirE11777Cfr= ' :_lirr!j - ::. .. : 1 ' 7 ktilik . • \. 1 3 'A L1 •Lll -z1JW,�i v-.T. •'l a� -� . ,tir is . "`I aoa - 1 is wT i� , , 1 :. , .,, -aa -t J y ' -IL ,,.r ,��� r1.1 • BARN RESTORATION DATE: 10-16 06 .1 ari__ _ , ,si��: .� -7. fl � :� _� '-r -;4 PROPOSED taveo*. 1 .tam _ ....140711.2";� a. ! �.N -�i�iw—� Svc _ , rutt.` \I, �• 1 - a �� r =�^ s € L w' >`; ' ��RED ARCy PROPERTY OF A. AND V. ANSELMO �+y a > , wi"in Tc7Gi'� �t� -a,•a - !�I,R� °i.' �. B. py• . i • �, i _ t _, ���- k' W.=�` . °�� 31605 NORTH ROAD �.t 11rtll i iw.._ ' _� I���r F �. - Mit �.l, - �, r �; . .-I , AlI ` V i { n/ �' - ' E-W �` ..a" 1�. ,- .- / " .••.4;' ` TOWN OF SOUTHOLD - NY A- �- . cl �1v "'► it _. a�nac.�, ^-,�� �� r E' Y . ti 1.+ ,"' ! 'rte Wm. t l�c ' j- - ..71a, 7 'r - '"'Si `i •4J. °19760. ••yo2 � ; "- i& - ' ..---04' -C-°� -- -7 . T .- o "� J / CHORNO ASSOCIATES . ,,, � � "' vnP._ � s- ,.- "� o iYx.y ./* / / r architects. -v 47 "." :.. -o. . .�-ale;' y.c� <. SOUTHOLD, NEW YORK r • kF.._6._ Is ..cJ l_t§, f _„ __. ___ _._ ___ _Tow'n of^Southold ZBA' 40, RA O App. Name 0 Tax Map 0 File No. ° R II Board Member Gerard P. Goehringermm " Search: a Unliste ..._ .. Other 3 Hearing Time: 19:21 PM fi E File Number )5921 Tax Map: 74.-1-23 ,App. Name: �ANSELMO,Andrew&Vera ii Received Date: =/13/2006 Tot. Fees $600.00 Hamlet Southold M� "Type: Jf esidential #. Zone Date forwarded to Town Clerk 6/13/20067 Status: Closed Complete ''°Action:;Denied k Meeting Dates Building Dept. „ Location 31.605 CR 48 �rn i['' Meeting Date :i ND Date 1)5/5/2006y,', Short ., Tmm�T^T mm Hearing Date 1 )/28/2006: ND Date 2 6/6/2006?; Use not permitted Sec. 100-31C, 100-33 See AmND - Desc.: for alt's &moved location per 10/26PH. 'a, ' Hearing Date 2 /26/2006= NDDate 3-1/3/2006;, Co � fiq , Hearing Date 3 J i ND Date'4) i Conference 7/21/06: att. to send letter confirming ; Hearing Date 4 ND Date 51-1. l Notes arch. scale, dimension of first fl roof over ; Hearing Date 5 ND Date 6J 0 - mechhanical room, see incompl form of reply in ZBA file Action Date: 1/9/2006;, ND Date 7� . 12/21/2006` 4:23 PM 41 CAPS I NUM :{ Developed by the Southold Town Data Processing Department; ' EL- / / CL-1 FORM NO. 3 TOWN OF SOUTHOLD �� BUILDING DEPARTMENT NOV SOUTHOLD,N.Y. d�� S �uua .�( NOTICE OF DISAPPROVAL �0�'�G Bpi o pry' a'`'Fc:�4LS DATE: May 5, 2006 AMENDED: June 6, 2006 AMENDED: November 3, 2006 TO: Patricia Moore a/c Anselmo 51020 Main Road Southold,NY 11971 Please take notice that your application dated May 4, 2006 To move and make alterations to an existing accessory building at Location of property: 31605 CR 48, Southold County Tax Map No. 1000 - Section 74 ,Bock 1 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed alteration, converting an existing accessory building to a game room, gym, and music room is not permitted pursuant to Article III, Section 100-31, C., which states, "Accessory uses." A game room, gym and music room, are not permitted accessory uses. This Notice of Disapproval was amended-on June 6, 2006, to address items not included in the original notice an�ember 3 2006 to address changes in the scope of work made by the applicant. orize S'gnature 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. 6--` v'-'0 oil, ax.. ,J.o....J. . �� ` Nt G ��A^ _1 PATRICIA C. MOORE e Attorney at Law 7$ 51020 Main Road �\ Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 October 31, 2006 Michael Verity Cb P Building Inspector 53095 Main Road Southold, NY 11971 (BY HAND) Re: Anselmo Barn- Music Studio SCTM##1000-74-1-23 Dear Michael : In accordance with our meeting and telephone conversations, enclosed is the revised plan, we request an amended notice of disapproval . The June 6, 2006 notice of disapproval identified three issues : (1) Use of the barn as a "music studio" which you determined was not permitted (2) Height Variance for accessory building because the building was being demolished and reconstructed (3) setback to rear yard less than 10 feet . The revised plan is as follows : (1) Use of Barn as Music Studio - our position is that a music studio is a customary & accessory use to the residence (2) Building will be repaired/remodeled not demolished so preexisting height maintained - no longer a variance issue (3) the building foundation (slab) will be placed at more than 10 feet to property line so no setback variance is required. The original application had a deck on the second floor- this plan also includes a small deck (part of the deck is over the existing first floor roof, approximately 8 feet above grade) . The Zoning Board has requested that an amended notice of disapproval be issued. Our variance application is pending with the Board. rV truly ours, ricia C. Moore cc : Zoning Board v b ' TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: May 5, 2006 AMENDED: June 6, 2006 TO: Patricia Moore a/c Anselmo 51020 Main Road Southold,NY 11971 Please take notice that your application dated May 4, 2006 To demolish and reconstruct an existing accessory building at Location of property: 31605 CR 48, Southold County Tax Map No. 1000 - Section 74 Block 1 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed alteration, converting an existing accessory building to a game room, gym, and music 3 room is not permitted pursuant to Article III, Section 100-31, C., which states, �J "Accessory uses." A game room, gym and music room, are not permitted accessory uses. In addition, the proposed construction is not permitted pursuant to Article III, Section 100-33 A., which states, 1 "Such buildings shall not exceed 18 feet in height." s‘oey_. The proposed accessory structure is noted as being 20.7 feet in height. And Article III, Section 100-33,B.,which states that such structures require a minimum setback of 10 feet. Following the proposed construction the accessory garage will be+/- 7.3 feet from the property line. This Notice of Disapproval was amended on June 6, 2006, to address items not included in the ori'inal notice. / K fl Authorized Signature Erie( 1 ‘111, Gam. 6 ti- •1PATRICIA C. MOORE n Attorney at Law (] 0\0 51020 Main Road L� \ Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 October 31, 2006 Co Michael Verity P Building Inspector 53095 Main Road Southold, NY 11971 (BY HAND) Re: Anselmo Barn- Music Studio SCTM##1000-74-1-23 Dear Michael : In accordance with our meeting and telephone conversations, enclosed is the revised plan, we request an amended notice of disapproval . The June 6, 2006 notice of disapproval identified three issues: (1) Use of the barn as a "music studio" which you determined was not permitted (2) Height Variance for accessory building because the building was being demolished and reconstructed (3) setback to rear yard less than 10 feet . The revised plan is as follows : (1) Use of Barn as Music Studio - our position is that a music studio is a customary & accessory use to the residence (2) Building will be repaired/remodeled not demolished so preexisting height maintained - no longer a variance issue (3) the building foundation (slab) will be placed at more than 10 feet to property line so no setback variance is required. The original application had a deck on the second floor- this plan also includes a small deck (part of the deck is over the existing first floor roof, approximately 8 feet above grade) . The Zoning Board has requested that an amended notice of disapproval be issued. Our variance application is pending with the Board. (77:!71,y ours, / - ricia C. Moore cc: Zoning Board v __ TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: May 5, 2006 AMENDED: June 6, 2006 TO: Patricia Moore a/c Anselmo 51020 Main Road Southold,NY 11971 Please take notice that your application dated May 4, 2006 To demolish and reconstruct an existing accessory building at Location of property: 31605 CR 48, Southold County Tax Map No. 1000 - Section 74 Block 1 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed alteration, converting an existing accessory building to a game room, gym, and music room is not permitted pursuant to Article III, Section 100-31, C., which states, "Accessory uses." A game room, gym and music room, are not peimitted accessory uses. In addition,the proposed construction is not permitted pursuant to Article III, Section 100-33 A.,which states, q "Such buildings shall not exceed 18 feet in height." 17)aC.- The proposed accessory structure is noted as being 20.7 feet in height. C9 And Article III, Section 100-33,B.,which states that such structures require a minimum setback of 10 feet. Following the proposed construction, the accessory garage will be+1- 7.3 feet from the property line. This Notice of Disapproval was amended on June 6, 2006, to address items not included in the ori'inal notice. Authorized Signature "III* r \t‘ RR. ■ Illk V 11 n I' l I nook 7 _. ri, KUVIA lloitelli III *M ik Ilk i�iiMama leinikli* o ;sir • m I ° trayA (r * TA V �0 SAAtka t ,„,t,„.„,,,,,,-aatima ;Ai ., , 1 v - An .. ,--- a •,v.; 'I ip---, --At slik-` Iii,. ,, _ , 11,-.4 g• I 00111 r7Illitia 1°4 _ Wilk giko a 4j0)-' fin, iiirr%L...... -- Vii+ �• • It 14.411 0 P re *X01 FORM NO. 3 iE1.,s/ :F Cll PS TOWN OF SOUTHOLD - BUILDING DEPARTMENT JUN 1 3 2006 SOUTHOLD,N.Y. J � � NOTICE OF DISAPPROVAL ZONING 9 R. PL �s DATE: May 5, 2006 AMENDED: June 6, 2006 TO: Patricia Moore a/c Anselmo 51020 Main Road Southold,NY 11971 Please take notice that your application dated May 4, 2006 To demolish and reconstruct an existing accessory building at Location of property: 31605 CR 48, Southold County Tax Map No. 1000 - Section 74 Block 1 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed alteration, converting an existing accessory_building to a game room, gym, and music room is not permitted pursuant to Article III, Secti n 100-31, C ,which states, "Accessory uses." A game room, gym and music room, are not permitted accessory uses. In addition, the proposed construction is not permitted pursuant to Article III, Section 100-33. A.,which states, "Such buildings shall not exceed 18 feet in height." The proposed accessory structure is noted as being 20.7 feet in height. And Article III, Sect' n 100-33 B. w ch states that such structures require a minimum setback of 10 feet. Following the proposed construction, the accessory garage will be+1- 7.3 feet from the property line. This Notice of Disapproval was amended on June 6, 2006, to address items not included in the ori.inal notice. 4110/ 6„ti, ��o� .�Q P-1 novi- Authorized Signature77)-L. _, l9 Dta�{_,a),;_`a 9/00 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. \'''$):ccX,). �j SURVEY OF PROPERTY SITUATED AT PECONIC o�tio, S o°a�om TOWN OF SOUTHOLD �zo�919 _. �� �f.p�o SUFFOLK COUNTY, NEW YORK Z .0o/ _:' . °Ferti�~`' S.C. TAX No. 1000-74-01-23 141 /Or PIAN- fig. , 4`0 . LSCALE 1"=40' .�`, 7 '-,�.f' FEBRUARY 8, 2006 , KE����,yC,P��Z �\o S�o�\, 5 'r. , �'� ,' 3 APRIL 19, 2006 ADDED PROPOSED SANITARY SYSTEM Tom' • 15- q. '��p°r q 3 ,..._.--.-.4-- o� AREA = 48,182.95 sq. ft. P. e� 9 "0„`D, 1.106 ac. 1 4 O g��i R 6 ,S. o Qr#, ' 4l• OFF . ,� �w� ,�, NOTES ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM , �, !L cpF- 1- � Qty """��� " �O� El(IS11PG ELEVATIONS ARE SHOWN THUS: 50.Q \"50 7(• �\ v �"_ 1 • PROPOSED 50X FUTURE EXPAHOON POOL \O- O PGF' _ c , PROPOSED 2' DTA.. 10' DEEP LEACHING POOL 1 \ C.11.%0 0% .t1- Oo i �,pO �` IP.... .c�Ci' 4-q. PROPOSED 2000 GALLON SEPTIC TARX(10' DLL, 4' MAD DEPTH) `K"�CF, ,• ......./ cep •i� 4 • . , \ `'L F 49O� QO PROPOSED CLEANOUT p 5o 3. EXISTING SEPTIC SYSTEM TO BE PUMPED CLEAN AND EITHER REMOVED OR 51i/ ery , 4 d. \ ¶9. rj FILLED WITH CLEAN SAND AS PER S.C.D.H.S. SPECIFICATIONS. . , • 0 ----- ttkg - \ 4. THE LOCATION Of WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD /G, / • o� \ Z OBSERVATIONS AND/OR DATA OBTAINED FROLI OTHERS y� L ,p _ tV • • F HOLE N� + . 'VW, apt • CI- \ • T�-� if QR ,t, .s� ,t9y q� " O . �1:• STS \ 'Ai- P �Q, F.� -iT O_. 6 / \ G •.,cl a1 to its OF4ZED ALTERATION OR ADD010H J` TO THIS SURVEY IS A Y'.[SLATMYTd OFl 5 ‘, 4 \,mac 9• - 4 " SECTION 7209 OF THE HEW YCRK STATE ryA -^' °YsA4 PROPOSED SANITARY SYSTEM BY: ' ' P¢ �� - .; O • • • X COPIES OF THIS SURVEY WP NOT REAPING o ; -`� ��,..3 �-` 4 ,1 4 JOSEPH FISCHETTI, P.E. SEAL BE EREn 4c Y <^ De 1725 HOBART ROAD/P.O. BOX 616 EMBOSSED TO A TRUE NOT r ' cA �� `ro y0 O t�(.3-5,, ;)' ., �1 SOUTHOLD, NEW YORK 11971 ONS DOCATED HEREON SHALL RUN ' #�'Y- •`'.-'- G'-P/� S 6 4 ONLY TO CERDFICK1145 N SURVEY o • o IS PREPARED,AND ON HIS BEHALF TO THE 3f, �O 1011 COTIPANY.COVER IMEPITAL ACEf.Y.Y AND 6 • LENDING 2fSTTRJII Pl LISPED NELSON.AND �+`'x '.,• � -.%- y \„j Y` 4 •+ fb • _ ro THE A551( 5 of THE LEHDiI�B�GSTh O Z -/ 00 \o• �� ` TUDOR CFRTIFXATLDtw4 ARE NOT TRANSFTFABlE. ��Z ,$ \ 6�I p t $ d 7^ THE EXISTENCE OF RIGHT OF WAYS `3�C�i.-�,� tor,,E: // \ g.. % \ %\ 1y _ -tv- PI.,, - j AHo/oR EASEMENTS OF RECORD. IF nx`O ` S `\\ O`^ // ��\ aw 9 \'/6$'2- `Y ANY, --•T SHOWN ARE HOT GUARANTEED ' . � ``...., /// p` `�- O �• e +\ Y JUN 3 2006 �Qi�;j�RDAI SURVEYS AS STA BUsHED Ory F"\ , A / f \ -' • \ 1 .BY THE L_ ,.l Add)APPROVED AND ADOPTED ,Z, 1p'1•/ f��/1 f, 51 t„r,Y I;•BY`THE NEW YORK STATE TMD / d ��5�mo 4c0o pct . �� d (TEST HOLE DUG BY McQONALD GEOSC(FNCF ON JANUARY 19, 2006) (� �1 ' ��� 49$ AO) , ,\ �G)�\O��\ e a.. 4b.3' _ _ DARK BROWN stn I434M OL tro4 {:114,,-)` i,, Y � 5. '47'c . A/ ^mak �� p`� I 1 f �I ' 0.:,,,,,,,, ` c.,..-"1.4K�� 4 •• [�/av"• C Y\ ,PG r fit° r 3 / BROWN SILT to �/� \ ;•^LIF• `` , "4slP��� ,,\,y�Ry ¢. _- / ' _ 1 N.Y S Lac No, 49668 • .�a��' . _ , ii :;14\ 4 a • ` Jos;:ph o Ingegn® Aveyor . � .0 .w5 '` .}I) -' gs ' • , PALE BP(riYtl ME 7C7 COARSE SAIm SW V■ 1O `1, '�.. FY4ic � add . - L'.--.....d� % / 62 4 % ,---- qa i' . Trite Surveys - lxfivislons - Site Plans - Construction Layout S 1�. F 0���' ��' • PHONE (631)727-2090 Fox (631)727-1727 S d / + SSj�yf'' OFFICES LOCATED AT MAILING ADDRESS 17• 322 ROANOKE AVENUE P.O. Box 1931 RNERHEAD. New York 11901 Riverheod. New York 11901-0965 • II 26-019A Q 9 rt.0-- . • • ... 1111111M + O • li > Y >o > ;� , • ■ y''____- `k.1 • m .`� III - N • c r, ,r • n \ � �• 1.) Jam' /io 1 - ' Jf1rG7 s V) I. Sufi of* ° 16O * f,, {-4 en r1 �^�Er1I ' 0 coLf/1ay '� Me„ 6728 �1- /8. 0 %. S62 // 3O " re. /68.2.2 .5•9-f �•"? p w r. w. , ,J 2.90-4-.7? fa /. D D4 E �0,-,A D / I O TOALTERATIONTION THIS SURVEY IS A VIOLATION OF SECTION 7709 OF THE NEW YORE STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING - THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOF BE CONSIDERED TO BE A VALID TRUE COPY. • c ATLANTFES-INDICATFD HEREON SHALL RUN • ONLY TO THE PE7S0,1 FOR WHOM THE SURVEY • IS PREPARED, AND Oi, HIS B;:IAtf TO THE TITLE COMPANY, GOVERitME.,AL AGENCY AND • - f//� D LENDING INSTITUTION LI5IED H.RLON, AND/c / U�� .T , TO INT ASSIGNEES OF THE LENDING IN511- • 1UilO,a, GUARANTEES ART NOT TRANSf L;MU SedJYVL } Fnh TO ADDITIONAL INSTITUTIONS OR SUL•EOUENT OWNERS, f1T PCo,\.,C TwN o _So,.'_,.',',_c, -- • • 0 - //O/l(//YIC'/7r, f .- C7,. .r.• .moi 2~: l yi�� ^i l'��� ,' + .w�f•'GF i .'� I..R'S rt .-:L;jj"+",`�"F'�• 7,-...r"•r ..3r,_/ 7 .•-: ii ' •-• -0 ' tb PATRICIA C. MOORE sN Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (63.1) 765-4643 Margaret Rutkowski Betsy Perkins Secretary July 21, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall `� F- b" L7V 53095 Main Road JUL 2 4 2006 Southold, NY 11971 Re : Anselmo Variance 4OITNG OPinD cpFA�:P ,��.S SCTM#1000-74-1-23 -� Dear Linda: Thank you for your time with regard to the above application. In response to your reply form dated July 21, 2006 I have enclosed 7 of the following: 1 . The site diagram submitted last dated June 12, 2006 is "Plan A" which is set back at 10 feet from the property line (conforming) . Enclosed is "Plan B" which would place the structure at 7 ' 3 the existing closest setback. This will give the Board the flexibility to locate the structure closer than 10 feet to the property line. 2 . As we discussed, the second floor roof covers the first floor mechanical room and toilet . The shed roof overhangs a few inches (code permits 18" ) over the footprint of the first floor. If you have any other questions please do not hesitate to contact me . Vef'y tr y yours, (__:1 7e 7atricia C. Moore , 4. '< ,„1--------16 ,„ip-,,---y,\,,, - 1 , , ,, , , ,,,,,, Ns, ,, , , , rm / s frice F/ _' 4,x . 4J, �\ . silap -1-74-Ifv.:Gr"iii•AO ., ' ''' , , • liciatcf . C- /1 # AtelMINAWli .-- �) \ a .- A, i.\ ' . S -4415 V * V D) '�I YIIL�r I .. cL2 s D \ i G , :� • S = -• - 1 A(..2 . Q• , ,-.-7,,,,,- i ' .. P , D 0)--: . .._ ?-1C°':''- '12-' -'-- - -- ______A-Al SELMO fR_-_0_/'6,/ , T,-) ---;-,- --,,,,-4- '' \ - ' Ifi - (-'6- ' _IEE_COA.i!C__:-__Z_CX0_2::".7cs7C_WW4?) L30 4 2006 r # ' �� , a_c-:74_ -oiita - ,� 0Z.-�2,3 • , LicazNe44rLO 7 -- ,4 C •/�L7� vAT V� J]'- a .- "o6 P d, -, �: , 2 � P P . -,v L-4/V 6 cam' O ,4C S �_--- fir i 1--9 ����q�7 wry M r t� t7 1�h�Y E PATRICIA C. MOORE JUL 1 8 200E Attorney at Law 51020 Main Road Southold,New York 11971 ZCtN6N ; EBF. N,KJ Ear. AP,a;. Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretary July 18, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Roadk�, Southold, NY 11971 tY) (j@/ Re: Anselmo Variance SCTM#1000-74-1-23 lli Dear Linda: % In response to your reply form dated July 11, 2006 I have enclosed 7 of the following: 1 . The site diagram has been clarified: the foundation of the reconstructed barn is 57 ' in length x 17 ' in width, also shown is a 6 ' x 38 ' open 2nd floor cantilevered balcony in the back. The entrance has a 6 ' x 5 ' covered doorway. 2 . The Assessors had the property card out- it is now enclosed. 3 . Photographs of the outside and inside of the existing barn. If you have any other questions please do not hesitate to contact me. Ver - ly yours, *atricia C. 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Of • Aimmorr 411111111011g.. i. ;4 Adefrt. iiii• I - -' . i . a -- .., , ,',,,- - i.. 1 •I ......I s. . ,, i....., . _ . ... ,.. ., V, 6 — , S. • • i Y J • +A!•, i • uy. I . I - riF •• , : :. _— I.` 41I _• c '+L( g. 1 4/11 I r • \ -• , 111.1111111111 11111 SECOND FLOOR ___.„ .... ,_ .. . .... . _ . . .. . ._ _ _'mgc4... . .r. tott=we,...., ..--. .- i) \ , (1,„t•-4:/-0N---" .) ,n, '-0 . ' / / . _ .,....., / IF _ , , J . ,., . , Q , . . i , . .„-- _ r - ‘ ,--. \ ..1. \ A ,-5 --‘ .. - 1A>''' ''' A .. .4.'.'01-1-1 14' .--.\ 4 . ------„, ,, ,---s, Au- . ... a,- _ , , 1„1,t-, ; .i;ia, • , -- e- , ..., ....., . .e.-1:ii-,-,011- -.- -, . 6 di:. /4\ . -2---- , ( . --), pl. P ., AO x--• L' _..-.S... .PZYCZZ)11:) ) _,44,6/1/16aNCSO ) - 1)3 ,.• 44 -D ------ eh . , ‘ . .,-- .0/ ., • 411 . , _ . . / _ . • ,.-- , - . .01 (../- 11/4 " i i JUN 1 3 2006 , _ 4.„... -- .......- , r, ZOMNG.BOARD OF APPEALS . . . % iiii30'4 PeD). . ,. ...„... „ f 0 ato,.., --'. - .... ' \cS) (,:ti.--/<, -.‘ ,•--'' ' . . . ' . • . , _ A k;, ..C-0-Aff-C_._77_-2.TO_ - -WfiC/10C4 6 ' -IP L V • ,- /1__ cl _. •4;0 V" _,-cr.<rZ.,,-et;_Lr-=--fcri- -- ', ' , ' ---_7,-Losl--- ----- _ • - _ zN.2 :x&-724,rizcztr."---711. --- -RIDA4 . --s-r--i-A-v---v--- r_ z):::: _d _,s---8, 200c _ f37-.7;2r-17A/4,..E.G,41:_a11-;:-43i227-S- 2,e., • - ,--"-------------_:-. . , - ..... -- ...,-- - . \ , . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 pF Ev, Fax: (631)765-4643 JUN 1 3 2006 Z©NNG o��o cF APPEALS June 13, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold,NY 11971 Re: Anselmo Dear Chairman and Board members: Enclosed please find seven revised prints of the following: 1. Floor plan showing only the sink. 'Mr.And Mrs.Anselmo want to be able to have water for a coffee maker,not a kitchen or a second dwelling. The barn is intended for use as a private music studio. 2. The architect has prepared a site plan showing the proposed location of the accessory building/barn. The location of the proposed reconstructed barn can be located at 10 feet from the property line,however,since the property is on Route 48 and there are vacant farm fields behind the house,the board may prefer that the accessory structure be located closer to the property line. We will reserve the flexibility to place the structure closer to the property line by requesting the variance (7 feet rather than 10 feet). The closer setback would be for the balcony. . V- -j y ,ours, ..„0001", /e icia C. Moore PCM/mr Ends. 1110 APPLICANT'S PROJECT DESCRIPTION {�. M ,f � (For ZBA Reference) 6 JUN 1 3 2006 Applicant: Andrew&Vera Anselmo q Date Prepared:June 7, 2006 �� I°�r I. For Demolition of Existing Building Areas Please describe areas being removed: Existing two story barn to be removed and replica rebuilt II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: (same as existing) 6' x 11' bathroom+ 15' x 33' game room+ 15' x 18' equipment storage also roof pitch and building code standards result in height variance. Dimensions of new second floor: 33' x 15 music room; 6' x 37' balcony(cantilevered) Dimensions of floor above second level: None Height (from finished ground to top of ridge): 1st floor 8' +beam (1') +2' floor 8' +4'9" + 1' to peek 23'-5", to mean 20'7"- maintaining proper pitch of roof and compliance with state building code requires a height variance. Is basement or lowest floor area being constructed No If yes,please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: _Replica of barn Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3,397_ Proposed increase of building coverage: Square footage of your lot: 48,182.95 Percentage of coverage of your lot by building area: 7% +/- V. Purpose of New Construction Requested: reconstruct barn to be used as private piano studio and recreation room VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat,_formerly a farm, barn is no longer used for agriculture submit seven (7)photos, labeled to show all yard areas of proposed construction after- staking corners for new construction), or photos of existing building area to be altered(area of requested changes). Barn proposed in kind (meeting NYS building code) and in place 7/2002; 2/2005; 1/2006 R E C rvF, JUN 1 3 2006 ZONING BOARD OF APPEALS i L 1 111, PT, 26 JUN 1320°6 HOME OF SAUL AND JANET MILLI L mlia Boar Q 2sau-.� 31605 North Road (Route 48 Pecorii_c, NY 11958 Analyzed by Ralph Williams & John Stack Reported by Joy Bear Southold Town Landmark Preservation Commission March 26, 1986 The Millman home in Peconic is a large Italianate style farmhouse wit a square belvedere atop its very law-pitched (almost flat) roof and wide overhanging eaves supported by "Vail ornamental brackets . A brass knocker on the front door is enscribed 'Vail 1862, " which was probably the year th house was built . The Italianate style was much admired at that time, and t' North Fork has many lovely Italianate s'eyle homes from the mid-19th Centur 1 However, the stunning surprise in this house lies in its basement, which dates from a much earlier period - c . 1760. The present house was built on the foundation of a previous house. No trace except the basement remains from this earlier house . The c . 1760 basement is lined with huge, dry-laid rocks . (Today they are pointed with mortar. ) On top of the stone wall are courses of red bric varying from six to 10 bricks high. These indicate that the floor of the 1862 house was raised two feet above the floor of the c . 1760 house, whose sills probably rested directly on the rock wall. The width across the front (south elevation) of the early house appea to be the same as that of the present house - approximately 36 feet outsidh The depth (south to north) was the depth of the old stone-lined cellar - about 27; feet. The first house may have been a "double Cape Cod" style, w a central chimney stack - a style often seen on the North Fork in remainint early 18th Century homes. The Italianate style house built on the old foundation is much deeper south to north, with added rooms (see floorplan. BASEMENT The east wall of the old basement contains the foundation of a centra located fireplace . A huge beam - 12" x 13" - let into the wall testifies t, the size of oak trees on the North Fork in the 18th Century. The weight o the first floor fireplace (s ) has caused the east rock wall of the 1760 basement to bulge into the cellar over the years . The fireplaces of the fi- house may have opened back-to-back in both the east and the west first floc rooms, and one of them must have been a cooking fireplace. The bulge, and pile of rubble, are all that remain. of that chimney stack. Rock walls encle the west, south and east walls . Rocks in the north wall have been dismantle to provide later access to the cellar under the kitchen in the north end OD Italianate house . -1- { MILLMAN HOUSE , 2 PE 26 In the old cellar ceiling the joists in the front (south) half run east and west; in the north half they run north and south. Some joists still have their bark. Joists in the ceiling at the northeast corner of th cellar, in front of the base of the chimney, are 36" apart. The rest of th joists are 24 " apart. This 36" span may- indicate the location of a stairwa in the c . 1760 house, possibly with a trapdoor at the first floor level. In" the ceiling of the basement can be aeen the early floorboards . The have dust stops dadoed into the joists . The dust stops show that the floor boards here were random width, and may be the original floor. A completely different floor lies over these floorboards, in the parlor above . There is some indication that there are three layers of floorboards in the west par Changes in the joists and dust stops have caused the reviewers to this that there may have been an earlier house on the stone foundation, and tha- it could have faced west, with a fireplace on the east wall, north of cent( PARLORS The parlors originally each had a chimney, one on the east and the ott on the west wall. The chimneys were built inside the walls, and probably hz flues that served fireplaces in the two front chambers above them. The eas- parlor fireplace survives today. Its mantel seems to be a later addition. Each parlor has two windows with 6/6 glass panes on the front (south) side, and one window on the remaining outer wall, in each room. Windows ir the parlor are not typical of the Italianate style in Southold Town, and rim- indicate reuse of earlier sashes, or a selection by the owner of a window style of his choice. Outside, the window frames show "ears" consistant w itf mid-19th Century construction. Doors, wall trim, facings and baseboards ir parlor carry moldings consistant with the 1860' s style. As you enter the parlor you walk uphill. The east side of the house h= settled, indicating that the west foundation is older. There is a ridge in the floor just as you enter. It reveals that the floor here lies over the stone foundation. CHIMNEYS Below the hearth of the east parlor's fireplace is a large layer of - 3" x 3" studs resting on two piers . The studs may have been re-used from the earlier house . As a result of moisture in the basement these studs havE rotted and broken off at the point where they are supported by pilings in the basement. The crushing load of the ciimnye is slowly compressing the remaining wood, which must eventually shear the chimney away from the builc The west chimney has been removed, probably due to damage suffered by re-used studs which supported the first floor hearth and chimney. Brick pilings that carried the studs remain in the cellar today. In the west second floor chamber a shallow closet occupies the space that once held a fireplace and chimney. The now-gone fireplace ' s location is easy to find, a the pattern of the chambe'r' s floorboards changes as they approach the locat of the hearth . There is a fireplace between the dining room and kitchen which is not Landmark PrQsPrvation Commission 3/26/86 -2- • rk tdILL2�iAN HOUSE , nac��}' rr 2c from the early house . Supporting it are two brick piers in the basement which rise from the floor to the joist level, where they carry two 8" x 6" beams and approximately 16 to 18 old oak studs with tenons at the ends . The hearth is built on these timbers . The present fireplace is too small to justify such elaborate underpinn so the assumption is that originally this was a double fireplace, back-to-. back, opening into both the kitchen and dining room (see dotted lines on plan. ) The second floor roof shows where a large chimney suitable for a double fireplace could have exited, but did not provide clear evidence of a large exit area . It did show signs of having been rebuilt. No clear conclu- sions were, possible based on roof joists, rafters and roofers . A detailed examination of the ceiling and floor of the kitchen might tell the story. The kitchen fireplace may have been_ built for cooking, but shows littl sign of smoke . Perhaps it carried one of the then-newly-invented cast iron cookstoves . KITCHEN I Current restoration, using wainscottineon walls and cabinets, captures the turn-of-the-century era . A stairway under construction leads to the second floor. There is 'evidence of an older stairway leading straight up from the kitchen. ATTIC The attic, over the kitchen, is one-and-a-half stories high, with earl random width roof boards . The attic roof is slightly hipped. It was built at the same time as the rest of the Italianate house. Its exposed walls giv us the opportunity to examine the timbers - joists, rafters, roofers and nailers . All indicate vertical saw cuts. This shows that the East End did n convert to rotary saws until late in the 19th Century. The attic is being converted into a combination bedroom and bath, with an access stairway. There are maps that inform us about the highways of years past, and th people who lived on them: - Beers-, Comstock & Cline map of 187 + for example or the Chafe map of 1858 . " But of pre-19th Century roads, and the people wh built homes along them we know little. Therefore it is interesting to find a house like the one examined here built around 1760 and rebuilt in 1862. From such data we can begin to plot a map of the 18th Century roads. From the houses along these roads we can begin to visualize somwthing of how people of that day lived . . . how they heated their homes and cooked their meals . . . how advanced they were in the building arts, and what materials and styles they preferred. Landmark PrPsPrvation Commission 3/26/86 -3- FOR OFFICE ONLY -- — BUILDING-STRUCTURES ORY FORM . UNIQUE SITE NO, • DIVISION FOR HISTORIC PRESERVATION QUAD - NEW YORK STATE PARKS AND RECREATION - SERIES ALBANY,NEW YORK (51 K) 47.4-0479 NEG NO. YOUR NAME.Town of Southold /SPLIA DATE: October 1986 �� YOUR ADDRESS. Town Hall, Main Road • TELEPHONE:(516)7651892 Southold •L. I. , N.Y-. 11971 - , ORGANIZATION'(if any): gouthold Town Community Development Office f - *• * * * * * * * ,* •* *' * * * * * * * ,* *`'*•* * * * * IDENTIFICATION - - , I. BUILDING NAME(S): Overton- Vail- Millman house #' 31605 . 2. COUNTY: Suffolk TOWN CITY:- Southold VILLAGE: Peconic - - — 3. STREET LOCATION:Route 48 (27) north side 4. OWNERSHIP. a. public ❑ h private ® _ 5. PRESENT OWNER: Millman - • ADDRESS: # 31605 Route 48 -' _ - 6. USE: Original- ' Residence - - ' • Present: • Residence ' • _.,,,„E., ,,,._._ 7. ACCESSIBILITY TO PUBLiC: Exterior visible from public road: -Yes ® • - No _ . • — •" _ Inferior accessible: Explain _ ' .= DESCRIPTION' � ) 'r'j [ :i'rr-1 ,.,,,; .,C`.... 1.. I; .r-' -rr�% r•r-) ',n j: f r-•^.rl�jr,r2--7-?- • -,. ` .e.e. ,;, —,„: ' - , .i: _ , P,.,1_ , ,,, >i ,,,..„.,_,%;:r.,,. 8. BUILDING X ' 'a. rclapboa'rdr❑ r' 6:"_stone f e.�brick ❑� I d. board-and batteny.,::::1„6....:.,„:-.4,.,,,,-.:A;:,4,.,„.,„:-� '' '. MATERIAL: e, cobblestone ❑ f, shingles ❑ ;i. stucco ❑ other asbestos nig- .: �',•,,i 9. STRUCTURAL a_ wood frame with interlocking joints 0 • '� ' '' `' `" SYSTEM: , ' ' wood frame with light -members ® .`r' ”� ``'`'._.(,..:..-,1•:',....14--1,1',1.•-,•.'"s� (if FCri( n) ;i'..I- . !-V.c masonry`load beraring walls-0 1'•. ,- ,' ' .n;;.,= •,* ,_•- ;,'r 6Y;=•. , f ;I- n d metSI-(explain) • r•'" - --'r 's . r • e. ,other ., ,, r".' ,. r• 10. CONDITION: a. excellent a] b. good ❑ •c. fair ❑ ddeteriorated ❑ I I. INTEGRITY: a. original site ® b. moved ❑ if so,when? ' ' . c. list major alterations and dates (if known): ---- • - i - House was 'original'ly rclapboard. The old clapboards - 7 Y';: • . " PE-26 • • 14. THREATS TO BUILDING: a.none known 0 b.zoning❑ c. roads ❑ • d. developers ❑ e. deterioration El , _- , • f. other: - • - 15 RELATED OUTBUILDINGS AND PROPERTY: , „ , a. barn® , b. carriage house ❑ c. garage ❑ ' ' • d. privy El* e. shed ❑ ' f. greenhouse ❑ ^ ' , . g. shop ❑ . h. gardens'❑ .cottage (w. interlocking ;= - • - i. landscape features: joints/orig. plank,' • , , . , - , j. other: triple seated privy (d)* " boards _fir:3 16. SURROUNDINGS OF THE BUILDING (check more than one if necessary): ' • ., - r r,a,,open lanl j� _ib,', woodlanfl,®,.,, ,, Y): : - PT { .g4-•¢__ - _ 17=2' 15- _ E 111111111.1111111111 w KITCHEN �I --3 I I I I=A - r ‘ / Z F t H--: DINING ROOM h h z PARLOR . PARLOR ENTRANCE F I I r-� /..r -4- .q k-/Q_ t A r' • .,- 14.'•�. - l /�6/BS I ZT' _2i%i1 27A. 24 2•A L 23 . 1 ) j1L 2H� i2'-7� 33�i 1 3Z� 27' 28r Z9� ZE' i9' --I � 27� 27.. • 1 f i t t P _ I I p.:... iI I } 1I 1 1 I11 W r Iti �.. joyI I I `1 I I rr I e I I a = I- -I 1 1 I 1 r r 1 I 11, 1 t 1 { I - - —I I P • I ' r v i I tidkH . ---.-.1 •-•-----1 ____+ �-r.,rzs I •• I, E, o I I I I • I 1 I I 1 — ' r 27-6' I _ J•-iq� + S'7 I_ iiia' 111 ' 48'-J" • Landmark PrPsArvation Commission 3/26/86 .1 ass 1 IV rn • • !. L . 12'•7• - 12'•7. i 33/ i 32' f 27" 1 29" 2.9° L 7E." 79• 2.7' 77", I 1 I , , , ,tr � I I I ! 1 4cn • Hri±1- -1 N :. • Lc 13 ) I I p M p I I 1 ._ ulT-i.-.-=_1 • I �-r.+Irzs I , 1 '-'3‘ I vp I 1 CHIMNEY STACK I I - 1 I I I 1 I I 1 4.8.-.3" i t f ' 1 Landmark PrPsPrvation Commission 3/26/86 - _7 N 0\ RtrzCFPffrn ,17 TRANSACTIONAL DISCLOSURE FORM JUN 3 2006 APPLICABLE TO OWNER, CONTRACT VENDEE AND AGEN' : 59a The Town of Southold's Code of Ethics prohibits conflicts of inter:sQta, t(Gowns officers and employees. The purpose of this form is to provide information, w icha'trale- the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Andrew&Vera Anselmo and Patricia C. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance X Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest"means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); 11 ‘ 44) C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP None Submitted this 7 day of JVc 219 c' Signature: aitipw ,l/ 1e/ ✓t4zo- Print Name: Andrew &Vera Anselmo Signa, re: Print Name: Patricia C. Moore Esq. RECEIVED- , JUN 1 3 2006 ZONING BOARD OF APPEALS I I ;a 'l°', ) I 4-!6-A t2:9 —Fart 12 fib'. PROJECT I.J. NUMBEc. I 5f, .1 SEC I Appendix C State Envtronmentai Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM • For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To ce comoleted by Aoolicant or Frolec: sponsor) 1. APPLIC NT SPONSOR ' 2. PROJECT NAME d trees ft V Ira Ail s-/Ino 1 &Wel C aVI ver s ro-r) 3. PROJECT LOCATION: 3)&('s /Vf i-6 2c.,c d, ^ Muntcloahty /9--e...-21,e771--CC.- County 65i , p gc-• 4. PRECISE LOCATION (Street aaaress ano roar intersections,prominent lanemarks. etc_, or arovtce map) /� /00° '" --7 -/— i — g3 Piy'I s , 6eW'/7 � he re 'Co�1SJYf/CY� , arm_cl CwtVes,,,ec/ 7n ',kw-00a /msec St-uc o 5. IS PROPOSED ACTION: XNew IFI Exoanston E Moatficatiomalteration • 5. DESCRIBE PROJECT BRIEFLY: &v 5h%r4 h /) 71-0 he recoric/'..ckc7 re.27o(,,Q , £cr c ham;)J 60a C c t(FY) ` b 4-r f Heys,a SrvdIa ...id ilea re i- - rew/I • 7. AMOUNT OF LAND AFFECTED: Initially // acres Ultimately / r.-- acres • 3. WILL PROPOSED ACTICN COMPLY WITH EXISTING ZONING CR OTHER EXISTING LAND USE FESTRICTIONS? �^Yes ,No If No.describe brierly if &Cec Cit- ern?wet/ /®cal-tin cel r'!r .c a 5-e CGI V -?CC€ . Ise co-i2' eA-6-c/ I �i Vrs��i 1OQCr° /Pc/0 re S Vr tc/ Clttied recoilsfvr'Cf7o,' 9. V.HT iS PRESENT LAND USE iN VICINITY OF PROJECT? I .I Residential r,tncusirtal XCommerctal Li Agriculture Parx/FcresVOoen space Li Other Describe: :0. DOES ACTION INVOLVE A PERMIT APPROVAL.OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY[FEDERAL, STATE CR LOCAL)? 0 Yes KI No If yes, fist agency(s) and permit/approvals •:-.-,.- 11. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR.APPROVAL? yi.Yes 0 No If yes,list agency name and permtt/approval el- a ` f- e . I • L C 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION, ❑Yes ZVa I CERTIFY THAT THE INF-O�R�MATICN/PPRR'OVIDE�D ABOVE. IS TRUE TO THE 355 T CF MY KNOWLEDGE Applicant/socnsor name:------- ,' 4,4 t� w c `� —. _ / ---c:Gate: tP ::, Signature: (--------- / I If the action is in the Costal Area, and ;cu are a state acency, complete the r-- — Coastal Assessment Form before proceecing with this assessment , i a� _ OVER �w.,� [�° ,ct��'ei , p JUN 3 2006 i I. 5-yad qi PART ll—ENVIRONMENTAL ASSE'-' ,,ENT i o be completes oy Acency) A. DOES ACT.CN E.tCEED ANY T'r ' -DLJ IN 6 N"CRF., P:,P T 517 I21 Ifes, '/ ne review process dna use the FULL i:At= L.1 Yes 7 N _ , ?. MILL ACTICN RECE•VE COORDINATED REVIEW AS PROVIDED =CR UNLISTED ACTIONS IN o NYCPR. PART 517.5? If No, a negative ceciaratl,- may oe sucerseded oy another involved agency 1._Yes i_No C. COULD ACT(CN RESULT IN ANY ADVERSE E=-ECTS ASSOCIATED KITH THE FOLLOWING. (Answers may be iandwntten. .1 legiolel Cl. Existing air quality, surface or grouna:vater cuality or auannty, noise levels, existing :ratfic patterns, solid waste orcauc•;on or dlscesz potential for erosion,crainage or flooding oroblems? Explain bnerly. C2. Aesthetic, agricultural, archaeological, nistonc, or other natural or cultural resources;or community or neignbornood character? Explain brie- - CD. Vegetation or fauna. :Ish, shellfish or wildlife species, significant haoitats. or :hreatened or endangered species? Explain orletly: Cs. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natttral resources?Explain brie CS. Growth. subsequent develooment, or related activities likely to be Induced oy the proposed action? Explain overly. CS. Long term. short term.cumulative,or other effects not identified in Ct'CS? Explain briefly. CT. Other impacts[including changes in use of either quantity or type or energy)? Explain briefly. ;• 0. .S THERE,on IS THERE LIKE!r TO SE.CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes I_No If Yes. exolatn brterly PART III—DETERMINATION OF SIGNIFICANCE (To be completed oy Agency) INSTRUCTIONS: For each adverse effect identified above,determine wnether it is substantial,large,important or otherwise significar Each effect should oe assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occcm-ing; (c) duration- irreversibility;(e) geograpnic scope; and (1) magnitude. If necessary, add attachments or reference supporting materials. Ensure th. explanations contain sufficient detail to snow that all relevant adverse impacts have been Identified and adequately addressed. I . !' Check this box if you have identifier) one or more potentially large or significant adverse impacts which MAY I - occur. Then proceed directly to the FULL E.-kr': and/or prepare a positive declaration. Check this pox If you have determined, based on the information and analysis above and any suoporting I documentation, that the proposed action WILL NOT result in_any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 1 Isl.une qr Leau Agency I I ;'tint or puce '.unr• or desoons.ole Juicer .0 Lean Agency two of rtesoonsrote Orncer )rgnature Or {Bsaonslote Cnccer .n Leac.Agency Signature Or r''eparer tit uirterent tram resoonsroie orricert Date 2 • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits*including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-74-01-23 Anselmo AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ Zoning Board of Appeals_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Town of Southold LWRP Consistency Assessment Form 1 • Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Andrew& Vera Anselmo (b) Mailing address: 31605 North Road, Peconic NY 11958 (c) Telephone number: (914 ) 384-1839 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ❑ If yes, which state or federal agency: Town of Southold LWRP Consistency Assessment Form 2 ._, • - ' DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies;Page 2 for evaluation criteria. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): The existing barn will be reconstructed and converted to private piano studio and family recreational space- exercise and play area Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6for evaluation criteria Yes ❑' No 0 Not Applicable ❑ Discussion(if appropriate): House dates back to 1800's, barn predates zoning and requires extensive renovations. Owner will demolish old barn and reconstruct "replica" of existing barn on new foundation. The reuse of barn for owners-piano studio and recreational space. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes 0 No ❑ Not Applicable ❑ Discussion (if appropriate): The barn has historical agricultural use- has bathroom and kitchen and appears to have housed farm laborers (and others). Barn is considered non habitable by building department. The barn requires a new foundationand the owner will reconstruct barn in conforming location (10 feet off property line) as a replica of the old structure. Town of Southold LWRP Consistency Assessment Form 3 ® ^} NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes ❑ No 0 Not Applicable 0 Discussion (if appropriate): the proposed barn will require compliance with NYSBuilding Code and reconstructs a cuturally hsitoric building Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes 0 No 0 Not Applicable ❑ Discussion (if appropriate): existing sanitary which is curently connected to the barn will have to be upgraded. It does not conform to todays requirments. The barn will alos have gutters and drywells Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies;Pages 22 through 32 for evaluation criteria. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): existing structure to be reconstructed. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): Town of Southold LWRP Consistency Assessment Form 4 00 41141) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. Yes ❑ No 0 Not Applicable 0 Discussion (if appropriate): Town of Southold LWRP Consistency Assessment Form 5 i i • / 1 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies;Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies;Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies;Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Reuse of existing barns preserves the agricultural heritage of Southold. The subject barn was used as labor housing and has a kitchen and bathroom. The reuse of agricultural buildings,if only preserved from the outside as agricultural barns,is beneficial use of agricultural buildings. The property is no longer part of a farm and the buildings must be reused in order to be preserved. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies;Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 6 -41410 1110 . PATRICIA C. MOORE v Attorney at Law 2006 ly 51020 Main Road JUN 1 3 Southold,New York 11971 s T 02-1 Tel: (631) 765-4330 ZONING BOARD OF APPEALS Fax: (631) 7654643, Margaret Rutkowski Betsy Perkins Secretary June 8 , 2006 Southold Town Zoning Board of Appeals Ruth Oliva; Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re : Anselmo Variance SCTM#1000-74-1-23 Dear Chairwoman and Board members : Enclosed please find an application to reconstruct existing barn and convert use to private music studio and recreation room together with 7 packets of the following documents : 1 . Amended Notice of disapproval` 0)6la, 2 . Survey of the property with existing structures 1119(bt 3 . Variance Application with Southold Landmark Preservation report attached. 4 . questionnaire, project description & transactional disclosure form 5 . Proposed elevations and floor plans for barn conversion prepared by Angel B. Chorno, Architect 6 . LWRP 7 . Short EAF 8 . My check in the amount of $600 . 00 If, you need anything else please do not hesitate to contact me. Very--t- ly yours, tricia C. Moore Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/15/06 Receipt#: 5534 Transaction(s): Reference Subtotal 1 1 Application Fees 5921 $600.00 Check#. 5534 Total Paid: $600.00 Name: Anselmo, Andrew&Vera 31605 North Road Peconic, NY 11958 Clerk ID: MICHELLE Internal ID.5921 p FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. • NOTICE OF DISAPPROVAL DATE: May 5, 2006 TO: Patricia Moore a/c Anselmo 51020 Main Road Southold,NY 11971 ®®��6‘/00 Please take notice that your application dated May 4, 2006 For alterations to an existing accessory building at Location of property: 31605 CR 48, Southold County Tax Map No. 1000 - Section 74 Block 1 Lot 23, Is returned herewith and disapproved on the following grounds: The proposed alteration, converting an existing accessory building to a game room, gym, and music room is not permitted pursuant to Article III, Section 100-31, C., which states, "Accessory uses." A game room, gym and music room, are not permitted accessory uses. Now Authorize'. Signa — ! 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. 473889 74 . -1-23 OWNER: SAUL & JANET MILLMAN NUMBER# DATE TYPE CO # USE/DESCRIPTION 26348 2/14/00 PERMIT 26956 e ACCESSORY _ 26957 0/00/00 PRE CO DWELLING 0/00/00 0/00/00 0/00/00 _ 0/00/00 _ 0/00/00 0/00/00 0/00/00 _ 0/00/00 _ F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit • 1 1 1 ..y F-1 Pi " 0 ' :g I o . 11`t1 * 1 I .- a 1 Tr ,T l 1 _ '- File Edit View Toolbar Window Help I24--1-23 473889 Southold Active RIS.1 School: Southold School Anselmo,Andrew Roll Year:J2006 i Curr Yr Multiple res Land Ad: 1,700 31605 CR 48 Land Size;110 acres Total ASI: 7,000 - 0 Parcel 74.-1-23 Site No: 1 - 0 Assessment , Property Class: 1280 Multiple des !.L Laser Disk No: 1 _-- 1 0 Exempt(s7 0 Spec Disk( Route No. R Data Mailer W ej Description Nbhd Code. a __._ —��1 e'I Owner(s) Sewer Type: I. Date of Reappraisal; Ull/00/00001 0 Images Water Supply: y T � ` Valuation District _ 0 Gis Utilities: I Tj 0 Site(1)Res _ -Site Values Site Desirability: I'r Replacement Cost(RCN): -• � Sa1e10121I05 bilitP l Ear�;Sltl ter.:ij'ce.. • Nbhd Type: _.� i 'f RCN Less Depreciation: 0 SaleU3I07I00 Nbhd Rating; 1 Cost Land Estimate: I Road Type: 1 v Cost Total Estimate: DC Entry Type: 11111.11Mall ! Regression Estimate' Zoning Code: R-40 1 acre CI Comp Total Estimate: 1' Final Site Land: Run RPS440 Edits; 0 Final Site Total: e Arm:- il.i>J Prints the screen r,[r24 sat 1 :� m-Microsoft . 1 0 a oo 1 G 201.85-z® .., 0 '1" f . 1 k . 4 TT: xti�;► 1 L^„',a:..° 1 r M a•:-a, 1 I =;ij3?. _1 1:1 Ty �; ; File Edit View Toolbar Window Help _ f 174.-1-23 1473889.Southold.'',„,,''''.1 ° Active - R/S:1 Schopl: Southold School ' , Anselmo,'Andrew ;` Roll Year:WI Curt Yr Multiple res - Land ANA 1.700 , • 31605 CR 48 ° ',Y Land S-ize:1.10 acres Total 4V, 7,000 ' . '-' [Owner 1 Tax Bill t�larling Address 3rd Party Address BanK. ` e] Parae174. 23 _l sl=KelYlpt(s) I Total 2 Owners To o;en click the aj 1 ro.nate row (Right Click to Addi ,. En spec Dist( `"Andrew An elmo � ._ ._,.. O.I net " �I rimae Oe'id;atat�i;^ Vera Anselmo Owner Type:Additional Desi Status: • ; ,0- Description , ,. I' i . , Owner(s) ;` • . ° .1 I • e] Images r , In lis 1 Last Name/Company: ` First Meme: MI:''Jr...Sr,etc:< ` ® Site Pines nselma.. "_ .'„„. '... Andrew ..:b..t-. _�,. ,..,.i1, ' ' $ • P 'i..= is Salel0121/05 u -Site . Attention To}In'Care:Of. Additional Address: 0 SaIe03107/00 t`_-'� _• ,« r; .' _ .. �. __ _ _. .. Street No: Preffix'Dir:,Street I Rural Route: • St Suffix Poet Dir UnitName: Unit' No:' , ° - '�31,g15 . . � _' North 0'd`w..l ,.. . _. " ,, • I ° . . , Po Box No: City/Town: _ • - State Zip Code '' t • . ._' 1: ® 1 11958- . i I ` country:enter°if not"USA" Bar d:' Ownership; ife Use Owner Type: � , p e.g.g yp 1 r- - 1 � :' it ';:______:•-,__JI IP=Pranary �Y1:; ; » s _ , _ ,ate.( .. °d • s < :.15. 1 , I„ °. ;Prints the screen - * st < 'g e,4101- Aa:r[.4.> _1 O U ox t':eicr<osok u 0 `park h�Resuits.L 1 °201 5- 44o. a '' ` 1 °4F� \'''S'e:cc> 40. *epset.,;(..\ SURVEY OF PROPERTY SITUATED AT tPECONIC 0��9, sv,, ��o� TOWN OF SOUTHOLD —Aii2zs co' �lc�� o SUFFOLK COUNTY, NEW YORK ,_. o�Fgo� A� 21 �% 446 S� °4�f�' S.C. TAX No. 1000-74-01-23 w �� ? ,��,4>-..-1-- +0 LSCALE 1"=40' IA i° IA o u� `��. 'Q FEBRUARY 8, 2006 rG,j1��4L�PCpl1t X10 o�y• �5 A- 0'' �'•,Q QGO� APRIL 19, 2006 ADDED PROPOSED SANITARY SYSTEM W. 0 K'sk oN°R o.. r- ✓ Q9pNR • o� (;off—oC3 1...Oa AREA = 48,182.95 sq. ft. • �. ,�� • 4i�� ( 5' L; �;� 1.106 ac. • 0 0‘.5%-‘)..C‘9. '''/a. p 453....• �A RGo c- "S">:%„, i e c elt°� v� F v A . L$``o�``\, NOTES: Np��P�V Oy\ " ff \�!P� 1. ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM O, FO t!` �y0 EXISTING ELEVATIONS ARE SHOWN THUS:_5_0__Q •'fj l�G 0� _vr•.14' - A P4 J- g0 2. PROPOSED SEPTIC SYSTEM STRUCTURES: , .3(\,(!, PROPOSED 50% FUTURE EXPANSION POOL _xo v. i/ J \o O O SP PGF' r PROPOSED 8' DIA-, 10' DEEP LEACHING POOL F ..../ 'cy, I6` G0"01- '>0 �O PROPOSED 2000 GALLON SEPTIC TANK(10' DLA-, 4' LIQUID DEPTH) _nap S‘� � // % . 19 ,�00 © PROPOSED CLEANOUT b1-..%// �'L O :,` .• a • d. \ 0 •S 43 b 3. EXISTING SEPTIC SYSTEM TO BE PUMPED CLEAN AND EITHER REMOVED OR y // % -� �p • \\ v�• 6. THE LWITH LOCATION CLEAN WELLSD AND CESSPOOLS SHOWN SPECIFICATIONS. NNARE FROM FIELD �� i�y� G4 , \ S OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. �—• • -� yOtlig '� 3\cLE n � ��o l . q K 4 `-� tit V- O" O1 _ •i`_ / �'I)► -(PN ,� a q-i- py UNAUTHORIZED ALTERATION OR ADDn1ON Q -m. k \ G J� 11!`L TO THIS SURVEY IS A VIOLATION OF Gsto ,Py'1 k4 :: \\ $, A • \ G t5- s a , A' SECTICN 7209 OF THE NEW YORK STATE EDUCATION LAW. � ti o4.0, �°a O' • •sAk q� ' PROPOSED SANITARY SYSTEM BY: COPIES OF THIS SURVEY MAP NOT BEARING eO exp,- i� ;�U,� '1 f�\ ' , , JOSEPH FISCHETTI, P.E. THE LAND SHALL Ls INKED BE CONSIDERED �Q �� ? Ate fib` 1725 T ROAD/P.O. BOX 616 EMBTO BE A wWD TRUE NO -_ sc es �, �L 1 j `L 5) SOU HOLD, W YORK 11971 �\C 4 '�. mac„ CD CERTIFICATIONS INDICATED HEREON SHALL RUN S °"O - - ONLY-TO-TFIE--PERSON-FOR-WHOM-THE�URVEY — • a .0 3.. _ 00}4.1,-GC- {(t�}a E �• 0 /',),J.��.:_ IS PREPARED,AND ON HIS BEHALF To THE 40 �' Q�pP�`(- I 36 \ �yy�+ • ` OF N�' y LENDING INSTDUDON LISTED HEREON,ANDTO THE ASSIGNEES OF AND GOVERNMENTAL AGENCY .p �` /� p \'•6 ( + +n ' ( o f `,. TONS ACRE NOTT TRDINGANSFERABLE 1r*-/.....-4 ,�\ '.• / 0132, �$ \ • 1�p F'9 (CYJ\� 1/ sC� O THE EXISTENCE OF RIGHT OF WAYS IF L'rCs`,'�.� ``\�� �\ E /// \ `> ���� \ .. �$.Z � AI ! ANY/OT OR SHOWN ARE EMENTS FNOT CGUARANTEED. RC1`y •-4 ` \ pG�° • / r+L \ 16 O YY �. a 1 4.iii l 1 9i• �O S. `\ / 1 \t?..,. % $A Qt 1 ` ii.J,. ' 'Y. '� PREPARED IN ACCORDANCE WITH THE MINIMU �O . 1,\\\ \\\ / -- -- �‘ \ E OF • 4 ,• ' •\ t� I l I i."4....;)1 1, STANDARDS FOR TITLE S -••AS •J�i' sig. s!, \ \\ .01.•,-6: A \ QQ�) • .r; ''''.:-','.....'... ;,•••• ut s .I T 0181")i'..pert' . � e. � � \\\ //// N� �'1 �� e •• �Y � �, v. ! . 1� �R .'t;'',...'.!,...._,, 1/Vo.®�''i- D \\\_I / / P • • ' O I TEST HOLE DATA Q3'�����4ilti• �Q�'` / �����cc—j / qcA° e �• ' e• (TEST HOLE DUG BY MCDONALD GEOSCIENCE ON JA s�r�' � (44 "Y'� p� ONipri5' a o . . 1 1,5 O\ EL,46.3' D- '' u I Ir"i s �� 50 Q • / +��9°� DARK BROWN SILTY LOAM OL �� I. 'iNo_:1, .:4,0. GpcGN SS��w00p X' �\� `IPcp�t ' <® r 6p�\ GAI�y a " BROWN SILT ML r 4 --- B ' \ / ."'_ ..., .... '.Y.S. Lic. No. 49668 CONE CUR / -,1 4 3' i401.A.-.11160" 2, V` • a4 \ .._ �� ° - \ Jo -'eph A Ingegno ,.., 11-.0.\\ a • ` \ \ i I • •d PALE BROWN FINE TO COARSE SAND SW Land Surveyor ° . S r0'l 1$� w A. Tithe Surveys — Subdivisions — Site Pions - Construction Layout • • • PHONE (631)727-2090 Fax (631)727-1727 I A 4 OFFICES LOCATED AT MAKING ADDRESS • •` 17' 322 ROANOKE AVENUE P.O. Box 1931 110 RNERHEAD, New York 11901 Riverhead, New York 11901-092ga\ / j + /I OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda.Kowalskia,Town.Southold.nv.us Javne.MartinTown.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 (ext. 5012, 5011) fax (631) 765-9064 REPLY FORM E3 DATE: ? S1/0� n ,/ n ,/ TO: P. J1L1t-m v pa..,,Q- C(. d�-n.d t V. U�e.P.y,b Fax# 74 S- Z Vc.3 ZBA File#SAo?/ - I n 4, • / 0 Date of Building Inspector Notice of Disapproval deo/ tot and 4, (S The application is incomplete for the reasons n ted below. Please furnish seven (7) sets of the following by mail or by hand delivery. Thank you. /Vo �H L` i)int 44--L., 6014#threi.1. (4)-The/map submitted does not match the information on the Building Inspector's Notice of Disaproyal. Please submit the amendments dated(Cu 4,2, c r directly to ,0,(t,,i ' the Building Department for review. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. r ��eat � a,) (4) Missing information: ` ')`e-C.0"ti-- OTHER/INFORMATION REQUESTE (7 sets with cover/transmittal sheet w n submitting): ( ) Filing fee is$ ; Amount due (please mail): Amount paid was: . ( ) Available survey showing existing property/building details,with licensed surveyor information. data 6-12.46 ismisSinG- Scaie. 4 --3hdJAems-- eatir'2„d 9/eor I�/ (1744 Architectural map - - dimensions of-exist -and proposed new construction areas, - -_, . . - • ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for the property in the unmerger request. ( lo�) 74 , AA',i 7 - f-0s ,..L,. e `i_, j a • ,I�.4 Ar. .. ) _ Ark - 4 "i ' i / J i .•I . 'AR -.II I Ir _ 0 1s 1 _ Thank you. d • % O )• �2> a_ge -e_o_ Q 4 r c 4 -4 - nG. 44,4-I- OFFICE OF yt_04/24 ✓ ZONING BOARD OF APPEALS 7)/2/o(p Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda.Kowalski an.Town.Southold.nv.us Javne.Martin at Town.Southold.nv.us Lucille.CappabiancaATown.Southold.ny.us http://southoldtown.northfork.net (631)765-1809 (ext.5012, 5011) fax(631) 765-9064 r REPLY FORM DDATE: 7/SA .- Y:aet u Fax# 7�5 �1v a.c�p G n9 gog. ZBA File#„5-7702/ - Date of Building Inspector Notice of Disapproval: . 4 0L.O O C'(al. ('L) The application is incomplete for the reasons noted below. Please furnish seven (7)sets of the following by mail or by hand delivery. Thank you. _1)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. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (A Missing information: 7°10_Q.<„.E., �Ar � (ltc1G1.�oL ` -f•�e-�'C .% ��c.o� Gc.��2 �� ,cry-e-�e 7, � / OTHER/INFORMATION REQUESTS (7 sets with cover/transmittal she t when submitting): )) Filing fee is $ ; Amount due (please mail): Amount paid was: ( ) Available survey showing existing property/building details,with licensed surveyor information. • ( ) Architectural map or updated survey showing dimensions of existing and proposed_new construction areas,setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to,top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of construction. (-- ) Letter confirming -status and-date- of-review-by other--involved- agencies- for presubmission---- comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for the property in the unmerger request. • _ 11L.._�. -si. _•_ice_ _ _... - �. •ifM • : <-. of V S . S - a: •_ • _• - Thank you. 67_ INSTRUCTIONS FOR VARIANCE APPLICATIONS SOUTHOLD TOWN ZONING BOARD OF APPEALS Phone:(631)765-1809 Fax:(631)765-9064 Please submit seven(7)collated sets with the ORIGINAL SIGNED SET on top: 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. 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. NEW SURVEY, or available survey of record with architect's site plan: Surveyor 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 exceeding 20% of the total area of the lot, surveyor must calculate square footage breakdown of all building areas.) Please give distance between new proposed construction and nearest wetland, bulkhead, top of the bank or bluff, and overhangs exceeding 18" Lot coverage must be calculated by a licensed surveyor. BUILDING DIAGRAMS: Can be a rough diagram or sketch with roof design, elevations, existing and proposed mean height, existing and proposed maximum a p height to top of the ridge. 5��� - FLAG or S ou sue or.--s-of-new constructio areas for on-site inspections and cp 9 � provide -ven photo: beled to identify areasf new construction or changes in t1 relation .9closest bu •' �S , .--. ..ed or staked. (Please label with owner's name on all photos.) 40.2450_-}-1 ` ENVIRONMENTAL ASSESSMENT FORM: Necessary ONLY ifour project is other than a dimensin al/setback or lot size variance y 0 TOWN PROPERTY CARD ..:y be available from Assessors Office) *********** LWRP FORM completed (eight copies) attaching extra map and explanation of landscaping and activities near Coastal Zone Management Area—pertains to new construction near bluffs and shorelines. CHECK payable to "SOUTHOLD TOWN CLERK" (Please see code fee schedule,attached.) 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 provid letter with the Town's Legal Notice, a yellow sign for your posting, an area map shov\ the surrounding lots (circled)that will require certified mail notice from you, and Affid' forms for your use in the final notice steps. S Please note:, (A)Any changes, after submitting the above, must be placed in wri c to the Board of Appeals clarifying_the_changes_with-_the seyen_maps,as_reyi " 9 .0 .Q. Changes may also require an amended Notice of Disapproval to address these / you submit amendment to the Building Department. If you are not sure, please o -� f ?(67a6 directly with the Plans Reviews of the Building Department at 765-1802; (B)Seri a copy of your appeal application upon the Building Department is necessary New York Town Law. Please include a letter or other document for the ZB! _/Z---a-4 indicating when notification of your appeal application was given to the Bi! �� 1-8 Department. ( U Thank you. e— /04 C� ' / g� 10 7/e, •1 O. OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda.KowalskiaTown.Southold.nV.us Javne.MartineTown.Southold.nv.us Lucille.Cappabianca(a�Town.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 (ext.5012, 5011) fax(631) 765-9064 REPLY FORM DATE: iot,o2bb(e, L/ TO: J-P -tc-i4ve. dL ; , ,,al. Fax# 7& 4/6D T-3 n l97 J� .,ZBA File-#— f) - ' - i 04 4 , 70) - cVtactx0 Y�/l is Date of Building Inspe,$or Notice of Disapproval: ) 4?,0Lo O (,o 74. 4--,ifreziAA210,--6,04 The application is incompletekfor the. reasons noted below. Please furnish seven (7)sets of the following by mail or by hand delivery. 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. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (L) Missing information: 7 a,Le iryk.., 4.i .ba 7 aatG241-' • tl e OTHER/INFORMATION REQUES D (7 sets with cover/transmittal she when submitting) 4i�\9 ( ) Filing fee is $ ; Amount due(please mail): Amount paid was: . ,2 ( ) Available survey showing existing property/building details,with licensed surveyor information. (V) Architectural p or updated survey showing dimensions of existing and proposed construction areas,setbacks to property lines, and building lot coverage calculations' i� 03c �0,44,3,...- � -67.z_t. P s A,"-cam/_ /'` Gify Ltt-a j ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for the property in the unmerger request. (V) _ , �' ,_l_�i�1 � �.;���` �� ,I�/ iv-0X i, �� . ,.ice' ..t_'_' .. � •/ /--(N�i�f 61—• / tri , ' - -�f ✓ / vi A-e �1'l - A �Z ,Q /e 710 /jwe i� P/ f' /�1 LI . Thank you. lai2L4.-0 J-1-/114/. (( OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(a�Town.Southold.ny.us Jayne.Martin�a Town.Southold.ny.us • (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX `�( i - 1 e, MEMO • . ter-s-�- TO: 6 4s :� //��Gd��� E-54) DATE: cr�(s,/0 (� RE: Ex -2-479 6 / c0,0)-sec/q/)v ed,, -E—ct7 / L 7 A), /0 76 66j-- /'1161/L EJ Office Location: 1/1,,•� CO. ` - Mailing Address: Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) ,�� P.O. Box 1179 Southold,NY 11971 ? 44 i�9/ iNg �a01� ,,� Southold, NY 11971-0959 . s'� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 October 31, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5921 (Anselmo) Action Requested: Height, Use and Setback Variances Within 500 feet of: ( x ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures Office Location: e° 0\. O Mailing Address: Town Annex/First Floor,North Fork Bank t ty x 53095 Main Road 54375 Main Road(at Youngs Avenue) � P.O. Box 1179 Southold,NY 11971 ��/ Southold,NY 11971-0959 *-010. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 December 22, 2006 By Regular Mail and Fax Transmission 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appeal No. 5921 —Variance Determination (Anselmo Premises) Dear MIs f000re: Please find enclosed a copy (by fax and regular mail) of the determination rendered by the Zoning Board of Appeals and filed today with the Town Clerk regarding your appeal. Thank you. Very truly yours, 6-1 a Kowalski Encl. Copies of Decision also to: Town Clerk (original) Building Department NiTk, E Cii- HEARINv The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: .'AME : ANSELMO , A. & V. #5921 MAP #: 74- 1 -23 IPPEAL : Use , Setback & Height Variances REQUEST: Demo and New Accy Bldg . C ATE : THURSDAY, SEPT . 28 , 1 : 00 PM 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 . "_� R' IMG BOAPD-T Wis' OF 91IUTHOLP 765- 1809 20'06 A:M:'.f'��� 'M"cCh�'Es 'feeonga7ontyaid;aib9435GR 48,1• #5799.'Request fo (ante•under' Greenport,CTM 354-8;,.' ?a , \ t Sec6oir•10033;bas he building"?t`:,-109;PIS1 `ANDREW-ANSEU4Oii 119° � Inspectora='August�,,,-�..,6 Nopce of`t,.,an VET MSR]hl,:,)•"#-5921:o-"�Rer J I Disapproval'concerning::a'proposed' qu�stfo[aVai7al)c_esunderSeghons100;' \' swimming pool in a yard other than tttte?,M='^3'1=,iad;100=33,-based-dn:il�sesBip diugaioi ,p requuedrearyard,at250An ersR"pady�,�s est r nueB2006amended,N3t,. , nl�Jl y P� a, P, g §,. .M- ,06 a; -}L (and uaunproved n_ghtof-way known, ,of}Dtsapp ovali_concernmg applicant's,� 3\,..;„„)(D1.5,), /,J' l as Meadow,Lane);Greenpert; Cale"'-submtssioi,1$.request;for�a building-• ) P ,1-if',"='"e}rmttto re butl�d an ezistingtacceat is•1• 362-201.,.= P e, r., 10 05 AM:''CUTCHOGUE-Naw,,vngnl.hagiahle}barn,(a)for the dw_net's, 'SUFFOLK FREE,LIBRARY #5945,7--,;-,ptjvate,acc#ssory'.music3vprkshopfonttr Request for-a Variance under Sectiona-'i,battiioo'm and related'music and game.+ 100-242A(based on ZBA'Interpreta- •room-aclivitieS;and'fiot as'Fa dwelling." .tion.No`5039 in the Wali hcation,)1 ,(b)hfor,F:height�'eitceeiing jttie_gild-et 4;aud x100244;d a's"edsdp,the Building 1 i-'"-',Iitultation;ot.18 feet2and wit£,a settiack i y.speetor'slJuly 14,20p6,IIottceyof Pisap- `at•''less'ttian-10,feet'the property line pzovalicoiperthnd a.prgposed;tiddinon il!oca ion(oflPropertyn 31605,-C,R 48;'' •and',alterationsyto,,vs,;,exiItiugtilibrary Southold,Crly17,4-1,23 s:.,•„1 Reserved for P ,carried ..,�.,,,__�A• liuildingfothe`reasonttiatitherewill be -�,1,15.,P,IvI,,,( i-, PH 8 i, ,f"'tr' �,g.,, ):.., ,f--,,,..:.,,,,..,,,„,,,,,,,l` i-I -an increase,in the;;deg[eeof'riouebnfor--; from last•heann calendar �J SHACK tvf mance when,located atless,tha4°40 feet'. #5933 , 1,30 M.,IKENNETHIGLASS and: 9 ,, _ .,ire.. ,,2o,^ , aty;27,55q.Main„ 1' SEF 1 9 2006 t p.oad;Cutcliogue,CTM.109-6-2 . LAURIE RAFKIN;#5951.Request for i ,1010 A M DAVID'SCIACCHITA- - a Variance under Seetion 100-244,based ' 'NO#5953 Request for a Variance Un-, on,the Building•Inspector's July 31,2006 der Setion,10033,based on-the Build-;- Amended'Notice'o)`Disapproval con- s`,::a�e.,fg :rl,'U,.m W.��`- i mg Insp'ector's July 21 12006,);Ionto ofd, ;,cemmg a proposed,deckgadditiontwith ... _ tLLs),'�,I Disapproval`•concerning.al,proposed 'hot tub;which will,'exceed,the,maxi- -�! ,swimming,pool tri aside yard;and with mum permitted lot-coverage limitation a setback'at-less,than,20'feet-from anyof 20%i at•1710 Minnehaha Boulevard;• lot line,at755;HarborLaue,Cutchogue,'''Southold;CTM 87-3=52 ' CTM 97-6-8 ,,;- • '- 5,40 P. Apt BAJADA and LOR, -_,1015.A M.THOMAS E.-and HEL---.RAfI IE,BAJADTA-#5944;.Request for. EN K FOX#5952.,Request fora Van-_, either Plan A or Plan B'Vanances,asp ,,;,anee;-under"SectionY100 2'4d,; 4; #8037 �;'`u". .;.s..r'� ' > SEP 1 9 2006 STATE OF NEW YORK) ) SS: COUNTY OF Vii_ra•..F_- n.4. �c ;, 0 SUFFOLK) Dina Mac Donald 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 week(s), successively, commencing on the 14th day of September, 2006. dee dp Principal Clerk Sworn to before me this ) " 4 day of 4 r iC 2006 I, % V bV ` V CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01-V06105140 Qualified In Suffolk County Commission Expires February 28, 2008 PATRICIA C• MOOR E 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD d ( �. I, , �(Extra Fee),��Yes l ,,t�� CEP TiFdE�', SOUTHOLD NY 1'1971 ' ' . , 2. Article Number r 7192 6463 3110 0000 2083 Cmpp,efE CHIS S , ECT;ION,ON,DELIVERY, Sig a ure (❑Addre ee or❑Ag IILill I I IIIIHIHIHUIIHI IIII G B. Received By lease � , Print/�Clearly) 719 6463 31],0 0000 2083 .1 C.Date of Delivery . 1. Article Addressed To: ` D.piddressee'sAddress(HDiflerentFromAddiossasedbySender) KENNETH & SUSAN H O M A N 285 STILLWATER AVE. CUTCHOGUE NY 11935 Secondary Address/Suite/Apt I Floor(Please Print Clearly) Delivery Address 1 City State ZIP♦4 Code_ _ ( 1 UNITED STATES POSTAL SERVICE First-Class Mail 1 Postage & Fees Paid USPS Permit No. G-10 w LL.o RE: ANSELMO ZBA HEARING PATRICIA C. MOORE 51020 MAIN ROAD ' SOUTHOLD NY 11971 N a 0 M (L 1` I1�tll���llltl��'���Itttll���III a. a larrjfeeufllelnlenfeaaffalalfaflnunflrffenefeffleollaia l PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel (516)765-4330 Fax. (516)765-4643 September 27, 2006 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: ANDREW & VERA ANSELMO PROPERTY ADDRESS: 31605 CR 48, SOUTHOLD SCTM: 1000-74-1-23 Hearing Date: SEPTEMBER 28 . 2006 Dear Chairman: With reference to the above, enclosed please find green certified mail receipt cards together with Affidavit of Posting. Thank you. Very t my yours, i PATRIC • MOORE By Beterkins, LA bp Ends . I • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT OF ANDREW & VERA ANSELMO SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-74-1-23 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry's Road, Southold, New York 11971, being duly sworn, depose and say that: s On the/ day of September, 2006, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely • upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; 'and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, September 28, 2006. . Pa ncia C. Moore Sworn to before me this day of September, 2006 l ii► Notary 'ub SY A.PERKINS ‘vi- Public,State of New York . No.01 PE 6130636 ' Qualified in Suffolk County 20) Commission Expires July 1 *near the entrance or driveway entrance'of the property, as the area most visible to passersby. Y PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel (516)765-4330 Fax::(516)765-4643 September 13, ' 2006 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: ANDREW & VERA ANSELMO PROPERTY ADDRESS: 31605 CR 48 , SOUTHOLD SCTM: 1000-74-1-23 Hearing Date: SEPTEMBER 28 . 2006 Dear Chairman: With reference to the above, enclosed please find certified mail receipts together with Affidavit of Mailing with my letter to the neighbors . Thank you. Ver rujjly yo , I 'ATRICIA C ' MOORE ll:y Bets '-rkins, LA bp Encls . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT ANDREW AND VERA ANSELMO OF (Name of Applicant) MAILINGS CTM Parcel #1000-74-1-23 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 12th day of September, 2006, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's pros 'y. (Signatur- BETSY "W' IS Sworn to before me this / - day of September, 2006/ { (No ary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to . the owner names and addresses for which notices were mailed. Thank you. , ANSELMO MAILING LIST 1000-74-1-23 31605 CR 48, Southold ROBERT FEAKER1-001://YED � l ' LINN SHUI I RE: A^:'� _�.MO Z i ' HEARING ' 31606 COUNTY RTE 48 17192 6463 3110 0000 2076 1 PECONIC NY 11958 — - T SCTM: 1000-74-1-22.1 KENNETH & SUSAN HOMAN ; .„ rrpfp 285 STILLWATER AVE. ;I RE: SELMO ZBA HEARING ' CUTCHOGUE NY 11935 1 7192 6463 3110 0000 2083 SCTM: 1000-74-1-35.57 THOMAS J. HUBBARD ---- 9 L E G G ET CERTIFIED t - RE: ANSELMO ZBA HEARING ? ;_' BRONXVILLE NY 10708 I'a :. SCTM: 1000-74-4-4.9 I 7192 6463 3110 0000 2090 _----- 1. I 1— ________I :— — I RECEIPT i RECEIPT I RECEIPT 7192 6463 3110 0000 2076 7192 6463 3110 0000 2083 I 7192 6463 3110 0000 2090 FROMFROM: I FROM I Patricia C Moore EARING I Patricia C Moore RE ANSELMO ZBA H i Patricia C Moore � I RE ANSELMO ZBA HEARING I RE ANSELMO ZBA HEARING; I I { I SEND TO i SEND TO I SEND TO: I ROBERT FEAKER I KENNETH&SUSAN HOMAN THOMAS J HUBBARD 1 I i 285 STILLWATER AVE 9 LEGGET 31606 LINN SHUT COUNTY RTE 48 CUTCHOGUE NY 11935 BRONXVILLE NY 10703 I PEGONIC NY 11958 FEES ®�-D /�/� 0 3 \ FEES. ®L��. s FEES:,----rt-1- \ -'1 P vg�0 9e 24 p'L 039 g V 030 I 6v ert ed Fee j \ Postage g Posta —_._ le:' I ' CSi � ,ar? JCS iedFee x,240 I1.'1,,if R�Su1�,Receipt eturo Fee I fl CRea�Cted /'�'Re�urO Receipt ..� 1 85 �strntRdeceipt 1 85 ii r 2200E -$464 � ;coRest,Al2 col 1 sr { T•TAL /TE \ ITO\L ZIeJ ' $a4 64 I AL 2 20,44:-.„164 I ,POST 'OR�A\ ‘ .(JS P S ,-- I PO�TMARK�GATE POSTMARK OR DATE I ( � PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 IPYTel: (631)765 4330 © O Fax: (631)765-4643 September 12, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: ANDREW & VERA ANSELMO PROPERTY ADDRESS: 31605 CR 48, SOUTHOLD SCTM: 1000-74-1-23 Dear Neighbor: I represent Andrew & Vera Anselmo with regard to their property located at 31605 CR 48, Southold, New York. They have submitted a request for a variance to rebuild an existing accessory non-habitable barn for their use as a private accessory music workshop with bathroom and related music and game room activities and for a height exceeding the code limitation of 18 feet and with a set-back at less than 10 feet from the property line . A copy of the legal Notice is enclosed together with the above referenced survey. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office . The hearing on this matter has been scheduled for THURSDAY, SEPTEMBER 28, 2006 AT 1 : 00 P.M. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . `Very tr y yours, 'atricia C. Moore PCM/bp encls . c: Andrew & Vera Anselmo Angel Chorno LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,SEPTEMBER 28,2006 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 SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,P.O. Box 1179,Southold,New York 11971-9858,on THURSDAY,SEPTEMBER 28,2006: 1:00 P.M. ANDREW ANSELMO and VERA ANSELMO#5921. Request for Variances under Sections 100-31 and 100-33,based on the Building Inspector's June 6,2006 amended Notice of Disapproval concerning submission of a request for a building permit to re-build an existing accessory non-habitable barn: (a)for the owner's private accessory music workshop with bathroom and related music and game room activities,and not as a dwelling; (b)for a height exceeding the code limitation of 18 feet, and with a setback at less than 10 feet from the property line. Location of Property: 31605 C.R.48,Southold; CTM 74-1-23. 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 and prior to the day of the hearing. If you have questions,please do not hesitate to contact our office at(631)765-1809,or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: September 6,2006 ZONING BOARD OF APPEALS RUTH D.OLIVA,CHAIRWOMAN By Linda Kowalski