Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
6140
APPEALS BOARD MEMBER~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, ~ 54375 Main Road (at ¥oungs Avenue) Southold, ~'Y 11971 http://southoldtown.northfork.net ~ ZONING BOARD OF APPEALS \ ~ TOWN OF SOUTHOLD h, l · Tel. (631) 765-1809. Fax (631) 765-9064 ~ ~: q u JUL 3 1 2008 MEETING OF JULY 24, 2008 Southdld Town'Clerk ZBA # 6140 - CLAIRE and ROB RICCIO Property Location: House # 6512 (Private Right-of-Way extending from the Southern Boundary) at Indian Neck Road, Peconic Parcels CTM 1000-98-6-1, 86-7-3.1 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated March 11, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The apphcants' property consists of a total area of 26,180 square feet measured to a tie hne 109.70 feet along the average high water mark of Little Peconic Bay, 229.99 feet along the eastern boundary of the lot, 119.19 feet along the northern boundary, and 235.58 feet at the western boundary as described and shown on the32-1-2004 survey, amended 5-5-2008 by John C. Ehlers, licensed land surveyor. BASIS OF APPLICATION: Zoning Code Sections 280-15 and 280-116B, based on the Building Inspector's amended February 6, 2008 and amended June 17, 2008 Notices of Disapproval concerning proposed new construction. The reasons stated in the disapproval of the building permit application are: (1) the proposed new dwelling construction will be less than 75 feet from the bulkhead, (2) the proposed swimming pool will be in a side yard instead of a code-required rear yard; and (3) New York Town Law, Section 280-a to determine the need, if any, for base improvements and clearance within the right-of-way easement giving access to this property from Indian Neck Lane. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this appheation on June 26, 2008, 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: Page 2 - July 24, 2008 C. and R. Riccio # 6140 CTM 98-6-1 (and 86-7-3.1) VARIANCE RELIEF REQUESTED: The applicants request variances for: (1) the proposed new dwelling construction with porch at 50'2" instead of 75 feet from the bulkhead; (2) the proposed swimming pool will be in a side yard instead of a code-required rear yard, and (3) in addition, the applicants by May 6, 2008 letter addressed to the Board of Appeals prepared by their attorney, Patricia C. Moore, requested that consideration under New York Town Law, Section 280-A be included in this application. This is related to relief under New York Town Law, Section 280-A for safe fire access, since the applicants' lot does not front directly on a Town Street, and relates to base improvements and vehicle clearance over the same traveled, existing right-of-way that the applicants have used to access their property under easements or deeds under title. LWRP DETERMINATION - CODE CHAPTER 268: The Board finds the proposed action CONSISTENT with LWRP review, based upon the following factors: The existing home is approximately 20 feet from the bulkhead. The proposed home is to be location at 50 feet from the same. a. The proposed location of the pool will be in the side yard, which will benefit the neighbor, and create a greater distance from the bulkhead than exists. b. The 280-A access condition granted as part of this decision will provide for the draining of water from the slope of the driveway. This is at the point of access on the public road of Indian Neck Lane. The Town is under a Federal mandate to contain water flow into creeks, and open bodies of water (Bays and the LI Sound). The new location of the home will decrease the non-conformity, by increasing the distance from the bulkhead. a. The new location of the septic system and dry wells for roof runoff will be located well landward of the house. This will reduce the environmental impact of sewerage and rainwater into the open bay. b. A proposed pump out drain pool will provide for discharge of pool water, well landward from the bulkhead. 3. The setback at 50 feet from the bulkhead is more than double the existing setback with more conformity. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law ~267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because: A: The existing house will be demolished and a new house constructed further back from the bulkhead (landward of the existing structures). The new house will be in line with neighboring homes. The new owners considered a second floor addition to the existing residence but demolition and reconstruction further back is more environmentally appropriate. Page 3 - July 24, 2008 C. and R. Riccio # 6140 CTM 98-6-1 (and 86-7-3.1) B: The propose location of the pool in the side yard will benefit the neighbor by keeping the distance from their front yard to the pool at the maximum distance possible. C: Access to this parcel was granted by the action this board under appeal 1535 on May 25, 1972 and is currently the legal access to this property. They do not propose to change this access. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance because: A: The new location of the building will decrease the existing non-conformity and is dictated by the location of the septic and drywell system which are located landward of the house in an effort to reduce the environmental impact to the bay. B: The location of the pool in the side yard keeps the structure away from the bulkhead. 3. Town Law §267-b(3)(b)(3). The variance requested herein is not substantial. The setback requested (50 feet from the bulkhead) is 100% greater than that of the existing structure. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created. The existing house was constructed prior to regulations, the disturbed area will be planted and the house will be placed further back then the existing structure. 5. Town Law §267-b(3)(b)(4). There has been no evidence submitted to suggest that a variance in this residential neighborhood may have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed house will comply with all energy codes and construction standards. A backwash drain will be provided for the pool to prevent draining into the bay. The property is stable, vegetated and contains both a full bulkhead and an additional timber wall. The new construction is further back than the existing structure. 6. Town Law §267. The grant of the requested relief for the new house and pool is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of this property while preserving and protecting the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairman Goehringer, to Grant the variances applied for, as shown on Site Plan Drawing A-1 revised July 3, 2008 by Frederick R. Weber, Architect, subject to the following conditions regarding continuous maintenance/fire and emergency access within and over private right-of- way: Page 4 - July 24, 2008 C. and R. Riccio # 6140 CTM 98-6-1 (and 86-7-3.1) 1. Remove center grass strip for the length of the right-of-way ('ROW') and remove it from the property; 2. Place two storm drains within 15 feet of the paved pubhc road within the slope of the right-of-way. The drains can be placed across from one another or placed in a diagonal location on the slope; ,, ,blue 3. Improve the ROW with two inches of ~/stone blend for the distance of the beginning of the ROW to the entrance of the applicants' property; 4. The existing road is approximately 10 feet in width. The road must be cut to the minimum width of 12 feet and improved a minimum width of 12 feet; 5. The ROW height and width clearance must be a minimum width of 13 feet, and 13 to 15 feet in height; 6. The surface as well as the width and height must be continuously maintained, for the purpose of fire and emergency access. 7. Drywells also to be completed as per Site Plan Drawing A-1 revised July 3, 2008 by Frederick R. Weber, Architect. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goeh. r~, ~q~5~, S~on, Weisman. This Resolution was duly~-~)~ / Ge~a~P. Goeh. r.~ger, Chairm~n 7/~ /2008 pproved for Finng and TO: Patricia Moore (Riccio) 51020 Main Road Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL BOARD OF APPEALS Please take notice that your application dated January 15, 2008 DATE: January 28, 2008 AMENDED: February 6, 2008 AMENDED: June 17, 2008 For permit to demolish an existing single family dwelling and construct a new single family dwelling and accessory in-ground swimming pool at ofpropert 65~dian Neck Road, Peconic, NY Location County Tax Map No. 1000 - Section 9_~8 Block6 Lotl Is returned herewith and disapproved on the following grounds: The proposed single family dwelling~ on this non-conforming 26,180 square foot lot, in the R-80 District, is not permitted pursuant to Article XXII Section 280-116 B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed construction notes a proposed setback of +/- 50 feet from the bulkhead at its closest point. In addition, the proposed accessory in-gyound swimming pool is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The proposed accessory in-ground swimming pool, is located in the side yard. In addition, the proposed construction is not permitted pursuant to Article XXII, Section 280-109, which states, "A. Street access. 1.) No building shall be erected on a lot that does not have direct access to a public street in accordance with 280-a of the Town Code" This Notice of Disapproval was issued based on a plot plan, last dated February 5, 2008, by Frederick Weber, PA. This Notice of Disapproval was amended on February 6~ 2008 following the submission of a revised survey, and on June 17, 2008~ to include the need for "street access." CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. 0~-11-~00~3 ~:44 SOUTHOL-D BL!II~ING DEPT 1~1765950~ P~GE~ TO: Patricia Moore (Riccio) 51020 Main Road Southold, NY 11971 DATE: January 28, 2008 AMENDED: February 6, 2008 Please take notice that your application dated January 15, 2008 For permit to demolish an existing ,;n?,lc family dwellln?, and construct a new single l~unilv dwelling and accessory in-ground swimming pool at Location of property 6~ Indian Neck Road, Pecomc, NY County Tax Map No, 1000 - Section 98 Block6 Lotl Is returned herewith and disapproved on the following grounds: The~ro~osed single fan'~il¥ dwe]]ine- on this non-conformln~ 26.180 muare foot lot. in the R-80 District, is not permitted gm'suant to Article XXII Section 280-116 B. which states: "All buildings located nn leto upon which a bulkhead, concrete wall, riprap or sirgi..'_lar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75~ feet from the bulkhead." The proposed construction notes a proposed setback of+l- 50 feet f~0m the bulkhead al3ffclosest po.it)lt. In addition, thc proposed acccssory in-ground swimming pool is not permitted pursumat to Article III, Section 280-15, which states that aecesso~ buildings and structures shall be located in th.c_required re,ar yard. The proposed accessory in-around swimmin~ pool. is l~ated in the side yard.~ This Notice of Disapproval was issued based on a plot l~lan, last dated Februa~ 5~ 2008~ by Frederick Weber, RA. Th? Notice of Disam~rovai was amended on Februa~ 6, 2008 followinu the submission ora revised s~ ? Note to Applicant: Any change or d~iation to the above referenced app~catm ~quire additional r~i~ from thc Southold Town Building Depa~ment. TO: Patricia Moore (Riccio) 51020 Main Road Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 28, 2008 Please take notice that your application dated January 15, 2008 For permit to demolish an existing single family dwelling and construct a new single family dwelling and accessory in-ground swimming pool at Location of property 6212 Indian Neck Road, Peconic, NY County Tax Map No. 1000 - Section 98 Block6 Lotl Is returned herewith and disapproved on the following grounds: The proposed single family dwelling, on this non-conforming 26,180 square foot lot, in the R-80 District, is not permitted pursuant to Article XXII Section 280-116 B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed construction notes a proposed setback of +/- 50 feet from the bulkhead at its closest point. In addition, the proposed accessory in-ground swimming pool is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The proposed accessory in-ground swimming pool, is located in the side yard. This Notice..~f--Egsa~roval was i~l.ed based on a plot plan, last dated July 6, 2006, by Frederick Damon allis, CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. -~G Fro~' FINAL. MAP REVIEWED BY ZBA SEE DECISION #~-~--- | MAP 3Y ZBA #b/'~ .._ __ / SITUATE.. SOUTHOLD TOHN: SOUTHOLO SUFFOLK COUNT'r', NY SURVEYED OD-OJ~2- 004 -rcPo o-~-o~,-2~,0~-"~.. ~.,.~..,~ / / / / / NOTES: MONUMENT FOUND ELEVATIONS REFERENCE N®VD '2ci DATdPI FLO012 ZONE AS REFERENCED TO FEMA FIRM ' '~ NUMBER D610DCOI64 ® DATED MAT' 4, Iqq8 S.F. or 0.80 ACRE N W ',,z E S % J -"'=. ~?...,,,,,, o / < o..,,.:,.... ! JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver\pros\04\04-124.pro OF: PROPERTY 51TUATt=: 50!JTHOLP TOI/qN.. 50UTHOLP SUFFOLK COUNT'Y, NY ~URX/ET'EP 03-01-2004 TOPO 0~-06-2006 5UFF:OLK COUNT( TAX ~ I000-q6-6-1 ¢O'3 W N E OETAIL SCALE I"= ~0' NOTES: · hdONUMENT FOUND LOT ~,OVEI~.ACE E~ALC, ULATJON5 EXISTIN® HOUCE 2,21b ~.F. OR 6.4~ % EXISTIN¢ 5HEP 251 5,P. OR 1,01% PROPOSEO ~A~¢E 624 S.F. O~ 2.~8 ~ TOTAL LOT COVERAGE APTE~ CONST. D,Oq~ S.P. F:LOOD ZONE A~ ~EFE~ENCED TO FEMA FIRM HAP NUMBER ~6lO~COi~4 ~ ~ATE~ MAY 4, AREA =2~,160 5.F, o¢ 0.60 ACRE RECORP PEED L.~65q CP. ®RAPHIC SCALE I"= 40' JOHN C. EHLERS LAND SURVLYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y, 11901 369-8288 F~.x 369-8287 REF&\Compaqsezver~pros104\04-124 entire roadway.pr SITE Dt~AINAGE: / / ,5ANLTAR ¥ FREDERICK " OOHN C ~HLE~ LAND ~VE~O~ 5URVEIED rlARC~ L 2OO4 ' ?Z' TOPOG~APH~ ADDED 0ULr ~, 2OO~ A~I~ 5dRVE] OR'5 NOTE5 , PROPOSED _¢--°~ '., ~Ro~osE~ GARAG~ ,A,.~_~,) ~ s~ ~.. . PROPDSED PORCFIES: flO6 5F FREDBRICK ~ 41 EAST HAPLE ROADt O~ 5'x '? PROPOSED 5PA/POOL 308 5F GREENLAffiN, (4, BEDROO~ SINGLE FAHILT ~ESIDENCE ~. EXIoTINO SHED 250 5F lOOO C, AL~ SEPTIC TANK X "' PROPOSED TOTAL 42iB f18.~%) .ATER .ILL,:~ I1,1, [ ' ,',i 3oo S.F aIDE.ALL A~ba OF LEACHING POOL5 ti POOL, 8' DIAIIETER, 12' DEEP) ~ , ? ~EET ALL 5C DEPT OF HEALTH $ERVICE5 REGLILATION< " ~,, P~:OPE~-F / OSNER$ EXISTING SANITARY SiSTEr'1 TO BE PUP1PED OUT, FILLED ~,' x, ROBERT ~ CLAIRE RiCOlO CLEAN 5AND AND aBANDONED (6EI2 INDIAN NECK L~NE, LLC) "¢ 51]LIA1 E PECONIC ._,= ~' ~,~''--- FINAL MAP" '~-:- - REVIEWED BY JOB ........ ,," ' {51 T E P L A N ,"1-',, aF~P , ~ m ] I ,~ TM ~ x RECEIVED "", JUL 8 2oo8 OF. Aq . ",~'' SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 TEL(631)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD James Dinizio, Jr., Member Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: Private Right of Way SCTM #: 1000-98-06-01 JUL 2 2 2008 BOARD OF '_5 ly 21, 2008 Dear Mr. Dinizio: At your request, I have reviewed the proposed "recommended conditions for continued maintenance/fire and emergency access/improvements over a private right-of-way". I understand and appreciate the deliberations that the Zoning Board of Appeals must go through when it comes to determining the need for improvements to private property based solely on current Town Code requirements for new development and/or construction. Justifying the need to specify and apply new Town Code requirements for existing, previously developed properties is not always possible. Please keep in mind that my previous report was an attempt to be consistent with current Town Highway Specifications & Construction Requirements. With that being said, the proposed recommendations made by the Zoning Board of Appeals, which were attached to your letter, would be considered a significant upgrade to the current conditions of the existing Right-of-Way. However, please keep in mind that I would still recommend a minimum clearing height & width of 15' to meet the access requirements listed in Town Code Chapter 280-109. I would also recommend that the proposed 3/4" Blue Stone blend driveway should be required a minimum of 12' in width. (Please note: Recycled Concrete Aggregate - "RCA", is not considered a suitable alternate for Blue Stone Blend when it is used as a finish product.) Your Recommendations have also provided for two storm drains that would be located at the northerly terminus of the Right-of-Way. I would recommend that you specify a size for these drainage basins. Generally, drainage structures used in the Town of Southold are eight foot diameter, pre-cast concrete leaching pools. If you would like me to provide drainage calculations for your reference, please let me know. If you have any questions regarding this response to your questions, please contact my office. Sincerely, CC." Planning Board Highway Superintendent James A. Richter, R.A. SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)- 765 - 9015 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerry Goehdnger, Chairperson Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NewYork 11971 Dear Mr. Goehringer: JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 JUN 2 5 nnR 3une-,~5, 2008. Re: Private Right of Way SCTM #: 1000-98-06-01 I have been contacted by you office to inspect the existing, Private Right-of-Way (R.O.W.) extending from Indian Neck Lane to the above referenced property. It is my understanding that you have also requested recommendations for improvements to this R.O.W. in an effort to be consistent with the Town Highway Specification requirements. This existing driveway appears to be a stable, well compacted base matedal consisting mainly of Greup "A" Soil types. These Sandy Loam types of soils have high infiltration rates and reasonably Iow run-off potential over uniform or level terrain. The canopy of trees and vegetation appears to be narrow and would be restrictive to Emergency Equipment at various points along the R.O.W. The Highway Specifications require Roadways that access three or four lots to be constructed with a 3/4" Blue Stone Blend wearing course and a minimum width of sixteen (16') feet. This would also require a minimum vertical clearance of sixteen (16') feet to meet the access requirements for Emergency Equipment. In addition, drainage systems would normally be required to contain a two (2") rainfall event. it is recommended that the existing R.O.W. be Cleared & Grubbed of trees & vegetation to provide a 16'widex 16'high canopyofclearance. The roadway base should beuniformlygradedtoa width of sixteen feet. In addition, all grass or vegetative materials encountered during the grading process should be removed from the base material. A two (2") inch lift of 3/4" Blue Stone Blend Material should be placed, graded and compacted to provide a uniform wearing sudace for the roadway. A compacted Blue Stone blend material will generate storm-water run-off and the R.O.W. in question is elevated above Indian Neck Lane. Therefore, I would recommend that drainage should be provided to prevent run-off from entering the Town highway. This could be accomplished bythe installation of an eight (8') foot diameter x four (4') foot deep Catch Basin / Leaching Pool at the beginning of the R.O.W. immediately adjacent to Indian Neck Lane. With proper grading at this location, it should be possible to install only one catch basin inlet grate to contain the run-off on site. If you have any questions regarding this matter, please contact my office. CC: Planning Board Highway Superintendent A. Richter, R.A. Page 1 of 2 Kowalski, Linda From: James Dinizio [jim@jamesdinizio.com] Sent: Tuesday, July 29, 2008 7:49 AM To: Kowalski, Linda Subject: Fw: Request for Evaluation ZBA # 6140 for Safe Vehicle Access over private Right-of-Way S/S Indian Neck Lane Peconic ~s the email I wanted for the file.~ Thanks jimd ..... Forwarded Message --~ From: "Richter, Jamie" <Jamie. Richter@town.southold.ny.us> To: jim@jamesdinizio.com Sent: Tuesday, July 29, 2008 5:46:21 AM Subject: FW: Request for Evaluation ZBA # 6140 for Safe Vehicle Access over private Right-of-Way SIS Indian Neck Lane Peconic Hi Jim Let me know if you need anything else. Jamie .... Original Message ..... From: Kowalski, Linda Sent: Wednesday, June 18, 2008 9:29 AM To: Richter, Jamie Subject: Request for Evaluation ZBA # 6140 for Safe Vehicle Access over private Right-of-Way SIS Indian Neck Lane Peconic Importance: High Dear Jamie: The ZBA Chairman asked I send this email to ask your written evaluation concerning the condition of the base of the right-of-way, and recommendations you may offer to the ZBA for safe fire vehicle access extending from Indian Neck Lane to the Riccio house on the waterfront 9CTM 98-6-1. This is a private right-of-way extends approximately 900 feet from the town street, and the ZBA is considering a request for a variance to establish minimum right-of-way width and base improvements under New York Town Law, Section 280-a (this provision requires Board of Appeals approval of specifications before a building permit is issued to any lots on access other than a town street). The variance would allow reduction of the town street standards, since the right-of-way gives access to the three lots (two of which are improved with a house). We have a file available, if you wish copies of the county tax maps showing the entire right-of-way (and survey showing only a portion of the right-of-way), please let us know and I can send it inter-office to you, Thank you for your assistance, Linda Kowalski Attn: Jerry Goehringer, ZBA Chairman ZBA Town of Southold Office Location: 54375 Main Road (NFB 1st Floor) 7/29/2008 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS -- Filed Date Assigned/Assignment No. ~ [ House No. 6512 Street Indian NeckRoad Hamlet Peconic SCTM 1000 Section_98 Block_6 Lot(s)__ 1__ Lot Size_ 26~180 Zone 1 (WE) APPEAL THE WRITTEN~ETERMINATION OF THE BUILDING 28~ 2008 amended February 6~ ~ BASED ON MAP DATED Februar Webber, Architect. Applicant(s)/Owoer(s): Claire & Rob Riccio Mailing Address: 78 Chelsea Road~Garden City NY 11530 Telephone: 516-606-7766 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (//)Owner, or ( ) Other: /ED FEB 1 ~ ~008 0~' A~AL$ Agent's Address: 51020 Main Road, Southold NY 11971 Telephone 631-765-4330 Fax #: 7654643 Email: pcmooorel(&~optonline, net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [3 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED February 5, 2008 APPLICATION DATED Jan 15, 2008 FOR: E Building Permit [] Certificate of Occupancy ~3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction UOther: and DENIED AN Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116 Subsection B .(bulkhead setback) Article llI Section 280-15 q~pool in side yard) Type of Appeal. An Appeal is made for: ~ ~ Variance to the Zoning Code or Zoning Map. ~ ~.~.A Variance due to lack of access required by New York Town Law-Section 280-A. ~/~ ~3 Interpretation of the Town Code, Article Section U Reversal or Other A prior appeal [3 has, ~has not been made at any time with respect to this property, UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Claire & Rob Riccio ZBA File REASONS FOR APPEAL (additional sheets ma), be used with preparer's signature): AREA VARL4NCE REASONS: (l) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing house will be demolished and new house constructed further back from the bulkhead (landward of the existing structures). The new house will be in line with neighboring homes. The owners considered a second floor addition to the existing residence but demolition and reconstruction further back was more environmentally appropriate. The pool is in the side yard to keep away from the bulkhead. (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 bulidable area is 22~325 s.f. so no matter how the lot is developed the house would require a variance (front yard). AIso~ the placement of the house preserves an open yard for the neighbor (Odell). The pool in the side yard keeps the structure away from the bulkhead while maintaining the waterfront views. (3) The amount of relief requested is not substantial because: The setback is greater than the existing structures. The house is only 25 feet to the bulkhead, this distance has been doubled with the proposed plan. The sanitary system will be replaced. The property is stable~ vegetated and contains both a full marine bulkhead and an additional timber wall landward of the bulkhead. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed house will comply with all energy codes and construction standards. A backwash drain will be provided for the pool to prevent draining into the Bay. The property is stable, vegetated and contains both a full bulkhead and an additional timber wall. The new construction is further back then the existing structure. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The existing house was constructed prior to regulations, the disturbed area will be planted and house placed further back then the existing structures. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes (Please furnish cot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUE~?.~ND PLEASE COMPLETE THE A TTA CHED USE VARIANCE SHEET:(Please be st4re to~yo~r~ ~-~pellant or Authorized Agent /]~,~ ~ (Agent must submit written Authorization from Owner) Sworn to..before me this Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Board Resolution 7-24-08 was adopted authorizing email communications attached to ZBA File # 6140 -Application by R. and C. Ricco. 03/18/2008 00:§§ 631-ii-4044 DEPARTMENT OF PLANNING S C PLANING COUNTY OF SUFFOLK STEVE L~VY SUFFOLK COUNTY EXECUTIVE Mm'oh 11,2008 PAGE THOMAS ISLES, AICP DIRECTOI~ OF PLANNING 02 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requiremcnts of Sections A 14-14 to 23 of the Suffolk County Administrative Code~ the following application(s) submitted to the Suffolk County Phamin g Commission is/are considered to be a matter for local determination as there a~ears to be no significant county-wide or inter-community impact(s). A decision of local determination should nOt be eons'trued as either au approval or disapproval .A.p~licaot (s) .Municipal File Number(s) Notaro 6136 Ragusa 6138 Ffiedmann 6139 Riccio 6140 Meskoufis 6142 Very truly yours, Thomas Isles, AICP Director of Planning $/sTheodo~e.R. Klein Senior Planner LOCATION MA/LING ADDRESS H. LEE Dt]NNI$ON BLDG.- 4TH FLOOR P, O, BOX 61gO · (631 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE NY 117884)099 TELECOPIER 63 853-4044 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hnp://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTIrlOLD Tel. (631) 765-1809 Fax (631) 765.9064 USPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 February 19, 2008 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6140 (Riccio) Dear Mark: We have received an application for a demo and replace existing dwelling and add accessory swimming pool at premises on Little Peconic Bay in Peconic, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, GERARD P. GOEHRINGER Chairman By: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 19, 2008 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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. 6140 Riccio Action Requested: Bulkhead/Yard Location Variances Within 500 feet of: ( ) State or County Road ( X ) 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, Gerard P. Goehringer, Chairman By: Enclosures TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. north fork.net/Southol0d Examined ,20__ Approved ,20 Disapproved a/c t ~/~.~- Expiration ,20__ BUILDING PERMIT APPLICATION CHECKLIST ,.. Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ PERMIT NO. Check Septic Form N.Y.S.D.E.C Trustees Contact: Mail to: ~~~ Phone: Date ,20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale· Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shalI be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not cormmenced 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, h~us~b~g-cod~ and regulations, and to admit authorized inspectors on pi:emises and in building for necessary inspections· J/qN I 5 (Signature of applicant or name, ifa corporation) : , ~.1 ] (Mailing address of applicant) State whether applicant is owner, lessee, agen~i'"ai'chitect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Subdivision (Name) Section Block ~ Filed Map No. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existinguseandoccupancy _/)~ ~ft~z'~ ;/~ /f~ b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description) (To be paid on filing this application Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth_ Height Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 1 l. 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 Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * 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. NO 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) COUNTY OF ~)SS: ~f-c-- ~"'/~d~-''( being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, A~nt, 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 tree 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 ary Publ~c ~D~m~de ~ 15th ~y o~ Avril , ~ h~e~ ~4 ~ ~RGA~T S. ~TZE~ERo~ resi~xng at ~ Harbor Southold, New York, ~ of the first part, and ROBERT A. M~RTIN and ALVINA L..~'~IRTTN, his wife, residing at 95 Papermill Road, Manhasset, New York party of the stx~nd part, WITNE$1~/'H, that the party of the first part, in eon~i6e~.tio.n of Ten I~.llaxs ~and paid by the party of t~.e second part, doe~_~ hereby grant an.a release unto me party o£ thc secona i:mrt, me .... or successors and assigns of the party of the second part torever, ALL that certain plot,_piece or Rark'el of, .lands .with_the bo.ildln~s~an~d ir~r, ~o.v,e. taent$ lyingand being inthe'£OWn O~ ~ou'cno.l.a~ UOXml;y YOrk, boUnded mid '" " ' e~ tollo~s BEGINNING at a point on the northeast corner of the premises herein described where the same is intersected by land of Margaret Katzenbe.~ formerly of Griswold, formerly of Howe; said point of beginning bein~ also the following 4 courses and distances as measured along the westerly side of land of John P. Dauth from the intersection of the westerly side of land of John P. Dauth width the southerly side of Indian Neck Read~ (1) South 39 degrees 2b minutes East 97..94 feet; ~2) South 30 degrees 28 minutes 30 seconds E, ast 7.1.27 feet, (3) Sout~ ~ degrees 49 minutes O0 seconds EaSt 309.9~ feet, (4) South 22 degrees 19 minutes 20 seconds East 510.71 feet to the true point or place of beginning~ running thence South 22 degrees 19 minutes 20 seconds East 198.5~ feet to the mean high water mark of Little Pecon~ Bays thence along the mean high water mark of Little Peconic Bay iI(~ feet to a point; thence North 24 degrees .48 mn~nutes O0 seconds West 209.59 feet and thence North 67 degrees 40 minutes 40 seconds Eas~: 119.19 feet to the point or place of BEGINNING. TOGETHER with a right to pass and repaSs over the existing private dirt roadway for purposes of ingress and egress from Indian Neck Road to the premises described herein, . This Deed is given for the sole purpose of correcting an error in description contained in the Deed dated ~Tuly 17, 1972 from the party of the first part to the party of the second part, which Deed was ~,recorded on the 16th day of August, 1972 in Liber 7221, a~ Page 122~ HER witi~ all right, fide and interest, if any, oi the party o£ tile first part ia and to m~y ~U'c~s roads abutting the above described premises to the center lines thereof; TOGETHER. wi~h the appurtenancer and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second l:~rt, the heirs or successors and assigns of the party o~ the second part forever. AND the party of the first part covenants that the party oi ~he fir~ part has not done or suffered anything whereby the said premises have been encumbered in any,way whatever, except as aforesaid. AND the party of the first part, in compliance with Seetton 13 o{ the Lien Law, covenants that the party .~ .the first part will receive the consideration for this conveyance and will hold the right to receive such cons~&- station as a trust fund to be applied first/or the purpose ol paying the cost of the improvement and will apply the same first to the payment ot the cost of the improvement before using a~y part of the total o~ the same any other purpose. The word "party" shall be construed as if it read "pa, ties" whenever the sense of this indenture so require~. IN W/TNF.$8 WHEREOF, the party of the first part has duly e. xecoted this deed the &y ami year first a~ove written. Appr~ed and Accented: Roberg A. Nar~ln To: MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeals JUN 2 5 From: Mark Terry, Principal Planner LWRP Coordinator BOARD OF APPEALS Date: June 24, 2008 -- Re: Request for a Variance Riccio ZBA#6140 The proposed action which has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT from LWRP review pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The proposed setback from the residential structure to the bulkhead is 54.5 feet; a minimum setback of 75 feet is required by Article XXIII. § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24- 1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-19931 "B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adlacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead...." It is recommended that the Board amend the application to meet and/or further the above policy to the greatest extent practicable and minimize the potential of future structural loss. In the event that the action is approved and to further Policies 4.2 Protect and Restore Natural Protective Features and Policy 5: Protect and Improve Water Quality in the Town of Southold; the following Best Management Practices are recommended. 1. Require a non-turf buffer landward of the top of bluff to further protect the integrity of the bluff. ala eqUire the installation of gutters, leaders and drywells within the side yards or landward of the residential structure. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. JUN 2 5 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 2008 July 2, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: Claire & Rob Riccio 1000-98-6-1 Dear Mr. Goehringer and Board: At the hearing the degree of improvements recruited for the common driveway which serves the Riccio home and th~ ~Dell Nome bec~me ~n issue and I would respectfully request that the io±±owing De consiQereQ: In 1972 the Zoning Board granted approval of this parcel with a right of access with a common driveway. The condition of approval was that the common driveway be "maintained". The Riccio's q/ave been maintaining the driveway. 280A access was satisfied by the Zoning B~ard in 1972, this access remains safe, passable anQ suitably maintalne~. The Highway improvements recommended by the. Town Engineer which aDpear in t~e subdivision regulations are no~ app±icable in this case. Th~s is only a two lot access driveway, the town engineer's recommendations would require significant improvements and additional drainage where what exists is adequate. T~e highwa~ specifications described by the Town Engineer would change the characser of ~he common driveway and require my c±ient to sDend over $55,000 to cnan~e the existing driveway. Attac~ed is Peter S~erling's, of Plantings by the Sea Inc., cost proposal fo? the improvements r~comge~ded by %he Town Engineer. Peter Sterling, who ~as been maintaining the driveway, specifically comments that.the~e improvements woul~ destroy 60-80 year old trees of specimen quality ~n a driveway which ~s already more than adequate. My client will continue to maintain the existinq driveway, restore it to it's present condition after gonstruction and %hey will make sure that a 12' driveway and 12' vertical clearance is maintained. The comments at the heating made by both property owners was that neither wish to change the character of the driveway and remove trees. We would respectfully request that you reject the Town Engineer's letter, and you apply common sense to th~s situation. We ask that you incorporate reasonable conditions, that the driveway be maintained as it presently exists with tree trimming to maintain the 12' driveway and vertical canopy. CC: Thank you for your continued courtesies. ~ry~ly yours, ~oore Mr. And Mrs. Riccio Fred Weber, Archite~t Jamie Richter, Town Engineer Page 1 ofl Cappabianca, Lucille From: Betsy Perkins[mooreattys@yahoo.com] Sent: Monday, June 30, 2008 9:12 AM To: Cappabianca, Lucille Subject: riccio ~ ~.F'! '~ '~ Lucille: According to USPS.com. the letter to Odell was delivered at houston ~ 1:38 on June 9th, a notice being left. I haven't gotten it back yet. I will keep following. The letter to Varano was delivered on June 6th. I haven't gotten anything back yet. Let me know what else you need. Thanks, Betsy 7/1/2008 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 May 6, Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: RICCIO PROPERTY ADDRESS:6512 INDIAN NECK LANE, SCTM: 1000-98-6-1 HEARING DATE: THURSDAY, MAY 29, 2008 BOAP, D O~ APPffALS PECONIC Dear Chairman: We respectfully request that included in our previous variance application that we also include 280A approval for the access. My client has legal access as is reflected in the deed Liber 12348 page 614 and deed Liber 12348 page 615 (transfer into their LLC). The deeds recite in the Schedule A "together with the right to pass and repass over the existing private dirt roadway for purposes of ingress and egress from Indian Neck Road to the premises described herein". The access has been mapped on the survey, is currently a 8' dirt driveway which does provide 15 feet of clear access for emergency vehicles. We were hoping to get onto the May hearing calender. Thank you. ~.~.~;er~rr~ly yours, PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765~4330 Fax:: (516) 765-4643 May 2, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: RICCIO PROPERTY ADDRESS:6512 INDIA NECK LANE, PECONIC SCTM: 1000-98-6-1 HEARING DATE: THURSDAY, MAY 29, 2008 Dear Chairman: with reference to the above and pursuant to your request, enclosed please find seven (7) copies of the deed referred to on the survey evidencing the access to the property. Thank you. Very truly yours, Patricia C. Moore PCM/bp Town Of Southold P.O Box 1179 Southold, NY 11971 (631) 765-1800 RECEIPT #<<Number>> 02/14/2008 Moore, Patricia For Robert & Claire Riccio 78 Chelsea Road Garden City, NY 11530 Received $ 600.00 for Application Fees, on 02/14/2008. Thank you for stopping by the City Clerk's office. As always, it is our pleasure to serve you. Neville Clerk Elizabeth A. Southold Town PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 February 11, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: Claire & Rob Riccio 1000-98-6-1 RECEIVED FEB 1 2 2008 ZONING BOARD OF APPEALS Dear Mr. Goehringer and Board: Enclosed please 1. 7 o 8. 9. 10. cc: find following: CURRENT NOTICE OF DISAPPROVAL from the Building Inspector for reconstruction of dwelling at 51 feet from the bulkhead and a pool in the ~side yard". ZBA APPLICATION Site Plan prepared by Fred Weber, Architect used for the notice of disapproval BUILDING DIAGRAMS of house and standard pool design survey prepared by John C Ehlers of existing conditions PROJECT DESCRIPTION, TRANSACTIONAL DISCLOSURE and QUESTIONNAIRE FORM No COVENANTS AND RESTRICTIONS assessor's property card LWRP and EAF(type II) My check payable to "Town of Southold" Thank you for your continued courtesies. ve~y~r~y yours, /cia c. Moore Mr. ~knd Mrs. Riccio Fred Weber, Architect APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Claire & Rob Riccio Date Prepared: February 11, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: House and Deck- all existing structures II. New Construction Areas (New Dwelling or New Additions/Extensions): Architect has identified individual square footage on plans Dimensions of first floor extension: first floor 66' x 50' main house and deck and attached garage 24' x 24' See Plans also proposed pool (13' x 21') Dimensions of new second floor: approximately 66" x 50' first floor (See Plans) Dimensions of floor above second level: attic Height (from finished ground to top of ridge): 32' Is basement or lowest floor area being constructed? Yes-Cellar If yes, please provide height (above ground) measured from natural existing grade to first floor: 3'- total height taken from grade elevations) 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: Number of Floors and Changes WITH Alterations: (see IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: house to be demolished Proposed increase of building coverage: Square footage of your 1ot:__22,325 sq.ft. Percentage of coverage of your lot by building area: 18.9% V. Purpose of New Construction Requested: construct new house and pool VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): location of existing house is 63.3 feet from the bulkhead, proposed structure 71.3 from bulkhead Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. 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). lfany 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 Depar'anent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-98-6-1 (Claire & Rob Riccio) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X Zoning Board of Appeals X (Variance) 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: Trustees Permit and ZBA Variance Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: The existing residence is located approximately 20 feet from the bulkhead. The existing residence will be demolished and new residence will be set back 50 feet from the bulkhead. The area is disturbed and the reconstructed house is more consistent with the LWRP then the existing structures. The property contains a bulkhead and timber retaining wall, therefore there is no threat to the property. Location of action:Indian Neck Lane, Southold Site acreage: 26,180 sq.ft. Present land use: residential Present zoning classification: R-40 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: Rob & Claire Riccio (b) Mailing address: 78 Chelsea Road, Garden City NY 11530 (c) Telephone number: (.~) c/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ 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 ora coastal location, and minimizes adverse effects of development. See L I~RP Section Ili - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The demolition of the existing structure enables the owner to move the house back to 50 feet from the bulkhead. The proposed structure makes beneficial use of the waterfront residence. The new dwelling will comply with current environmental regulations and energy efficiency. Policy Z Protect and preserve historic and archaeological resources of the Town of Southold. See LI~'RP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Town of Southold LWRP Consistency Assessment Form 2 Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. The existing building is not historic. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LV~RP Section Ili - Policies Pages 6 through 7for evaluation criteria Yes X No 123 Not Applicable [] Discussion (if appropriate):There are existing shoreline protective devices, bulkhead built in the 70's, and the residential use of the property will not change. The propsed house contains gutters and leaders which control drainage and provides for proper sedimant control. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L ~VRP Section III ~ Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate).' The proposed house meets flood standards. The property is protected by bulkhead and timber walls. Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III- Policies Pages 16 through 21 for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): New sanitary system will be required. The house is designed to prevent discharge of runoff into surface waters through use of gutters and leaders. The owner will plant native and low-fertilizer dependent plant species which reduce nitrogen loading from the site. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and ~Vildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): The site is adjacent to Little Peconic Bay, the proposed residence will be greater distance from the bulkhead then the original structure. The property was developed with a year round dwelling and replacement of the dwelling is consistent with Town policies and New York State policies. The distance Town of Southold LWRP Consistency Assessment Form 3 of the house and sanitary to the wetlands was maximized and the setback to the bulkhead is in line with adjacent properties. Policy T. Protect and improve air quality in the Town of Southold. See LWRP Section llI- Policies Pages 32 through 34for evaluation criteria. See Section II1 - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (ifappropriat¢)'-No impact is anticipated to air quality by replacement of a single family dwelling. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section IlI-Policies; Pages 34 through 38for evaluation criteria. Yes No [] Not Applicable x Discussion (if appropriate): The proposed structures will not impact solid waste or hazardous substances. 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 L WRP Section llI- Policies; Pages 38 through 46for evaluation criteria. Yes X No [] Not Applicable X Discussion Ofappropriate):The parcel is private, however, access along the beach is open to the public 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 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Residential Homes along the water are the primary use in the Town of Southold. Southold has limited commercial development and the taxes that new single family homes pay is disproportionate to the services they demand. The new dwelling will be assessed higher then the existing dwelling. 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 62for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 4 Yes X No [] Not Applicable [] Discussion (if appropriate): The house was constructed in 1950's and alterations made over time. The proposed dwelling will promote and enhance marine resources because the construction mitigates the existing conditions and is environmentally friendly and all the regulatory agencies control the project to prevent degredation of the environment. Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate)'- The area is not a designated agricultural district. The neighborhood consist of single family homes on existina narcels Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate):Residential development is a recognized permitted and encouraged use in the Town of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 SumFOLK COUNTY CLERK RECOItDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD ~m~er of Pages: 4 Receipt ~,--~er = 04-0112833 TP,~NSFER TAX NUMBER= 04-11022 1000 Deed Amount; Recorded~ At= LIBER: PAGE: Section = Block = 098.00 06.00 EXAMINED AND CHARGED AS FOLLOWS $1,448,500.00 D00012348 614 Received the Following Fees For Above Instrument Exempt Page/Filing $12.00 COB $5.00 EA-CTY $5.00 TP-584 $5.00 RPT $30.00 Transfer Csx $5,794.00 Co~.Pree $25,970.00 THANflFER TAX NUMBER: 04-11022 NO H~ndling $5.00 NO NO NYe SRCHG $15.00 NO NO EA-STATE $75.00 NO NO Cert.Copies $0.00 NO NO SCTM $0.00 NO NO Mansion Tax $14,485.00 NO NO Fees Paid $46,401.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine Count~ Clerk, Suffolk County 10/13/2004 10:54:50 AM Lot= 001.000 Number of page.~ z~ TORRENS Scdal # Certificate # Prior Cfi. g ~d / Mo~gagc ~nt SUFFOLK C~t~nT~ O?# 04-1102:2 Deed / Mortgage Tax Stamp I Recording / Filing Slamp~ Pagc/ Filing Fee Handling $. TP-$84 E.A-52 17 (County) EA-5217 (State) Comm. of Ed. $. O0 Affidavit Certified Copy NYS Sumhargu 15. 00 Other Sub Total Sub Total Real Property Tax Service 04043080 1000 09800 0600 001000 Agency Verification ~f~ KWO A ) ..07-OCT-O,V 6 I Satisfactions/D~scharges/Releases List Pmpa~y Ownc~ Mailing Add(ess RECORD & RETURN TO: Title # 1. Basic Tax 2. Additional Tax Sub Total SpecJAsaic Spec./Add. Dual Town __ Dual County Transfer Tax Mansion Tax or will I~ impmvdd by a one or two family dwelling only. or NO_ If NO. see nppmpriata tax clause on Is ]commu ey l emervatio Fund Copstderation Amount $ Improved.__ Vacant Land TI3 TD TD Title Company Information NAYI~NAI I ANl'lTS'UH~t:tqtn , s I Suffolk County Recording & Endorsement Page This page fortaz part of Ibc attached · TO · (SPECIFY TYP[~ OF INSTRUMENT) The p~.mises I~rein is situated in SUFI"OLK COUNTY. NEW YORK· In thc Township of ~ 0 ~'~F}O~ C~ la the VILLAGE Or HAMLET of '~' n~le by: BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK iNK ONLY PRIOR TO RECORDING OR FILING, (over) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 ,o~c~^sun nEm~ THIS INDENTI, IRE, made the ~(~ .4 Vt 2004 ROBERT A. MARTIN and ALVINA L. MARTIN, husband and wife, Residing at I$ Bayside Dr. Manba~et, NY 11030 pan)' of the first pa~. and ROBERT RICCIO and CLAIRE RICCIO, husband and wife, residing at 78 Chelsea Rd., Garden City, NY 11.530 p~rty of the second part. WITNESSETH, that the party of the first part, in co~ideration of Ten Dollars and other lawful consideration, lawful money of the United States, paid by the party of the second part. does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that ccrtain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being, at P~onic. Town of Southold. County of Suffolk and State of New York. SEE SCHEDULE 'A' ATTACHED HERETO AND MADE A PART HEREOF The graators herein are the same persons as the grantees in Deed doted 4/15/75. record~l 5/13178 in Lther 7839 Page 324. TOGETHER with all right, title and interest, if any, of the party, of the first part n and lo any stree s and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HA WEAND TO HOLD the premises herein granted unto thc party of the second part, the heirs or successors and a~igns of the party of the second part forever. AND the party of the first part. covenanls that the party of the first part h~s not done or suffered nn)qhing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first par~ in compliance with Section t3 of the Lien Law, covenants that thc party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paylng the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same thr any other purpose. The word "party" shall he nonstrued as if it read "panics" whenever the sense of this indenture so requires. IN IFITNE~g~ WHF_.R~OF. the party of the first pan has duly executed this deed the doy and year first a~ove written. ROBERT A. MARTIN A LVI]~'L. MARTIN NATIONAL LAND TENURE COMPANY, L.L.C. Title No, NLT-10572-S-03 SCHEDULEA ALL that cem~taln plot, piece or parcel of land, with the buildings and improvements thereon er~ted, situate, lying and being in tho Town ofsouthold, County of Suffolk and State of New York, boand~ and described as folows: BEGINNING at a point on the northeast comer of the premises herein described where the same is intersected by land of Margaret Katzenberg formerly of Griswold, formerly of Howe; said point of beginning being also the following 4 courses end distances as measured along the westerly side of land of John P. Dauth kom the intersection oftbe westerly side of land of John P. Dauth with the southerly side of Indian Neck Road; 1) South 39 de~'ees 26 minutes East 97.94 feet; 2) South 30 degrees 28 minutes 30 seconds East 71.27 feet; 3) Soulh 24 degrees 49 minutes 00 seconds East 309.96 feet; 4) South 22 degrees 19 minutes 20 seconds East 510.71 feet to the true point or place of beginning. RUNNING THENCE South 22 degrces 19 minutes 20 seconds East 198.56 feet to thc mean high water mark of Little Peconic Bay; (deed) (222.99 feet - survey); THENCE along the mcan high water mark of Little Peeonic Bay 110.66 feet (deed) (109.70 feet - survey) to a point; TH ENCE North 24 delp~-es 48 minutes 00 seconds West 209.59 feet (deed) (235.58 feet survey) and; THENCE North 67 degrees 40 minutes 40 seconds East 119.19 feet to the point or place of BEGINNING. TOGETHER with a right to pass and repass over the existing private dirt roadway for purposes of ingress and egress from Indian Neck Road to the premises described herein. FOR CONVEYANCING ONLY The policy to be Issued under this report will Insure the Utle to luoh bulldlngn end Improvement~ em,;l~l on the pmn~ss~ which by law con~tltuto mil property. TOGETHER with all the right, tide end Interest of the party of the first pal~ of, In em] to the lend lying In the etrsst In front of nmi adjoining said premlsss. Page 3 STATE OF NEW YORK COUNTY OF SUFFOLK ) Onthe ~dayof ~Vv-~L .2004 befo~me, the undersigned, personallvappear~d RORERT A. MARTIN and ALVINA L. MARTIN, personally known to me or proved to me on the basis of .,;atisfactory evidence to be the individuals whose osm~s are subscribed to thc within instrument and acknowledged to mo that they executed thc same in their capacity, and that by their signatures on the instrumenl. the individuals, or the person upon behalf of which the individuals acted, executed the instrument. MARK BRIER Nom~ Pub,e. Stem M N~v Vmt NOTARY PUBLIC ~amml~ Ea1~us den. 3t, 20.~.'~ - DEED TilleNo. ~.'F' IOS"/~ MARTIN To RICCIO Section 098.00 Block 06.00 Lot 001.0O0 County or Town SUFFOLK NATIONAL LAJ~ Tequ~ ~:~P~elV, LLC Return By Mall To: MARK BROSNAN, ESQ. 1415 K£LLUM PLACE GARDKN CITY, NY 11530 Rc--~erve This Space For Use Of Rocordin~ Office SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type o£ Znstrument: DEEDS/DDD Number o£ Pages= 4 Receipt ~,m~er : 04-0112833 TRANSFER TAX NUMBER: 04-11023 District: 1000 Deed Amount: Recorded: At= LIBRR: PAGE: Beotion = Block = 098.00 06.00 EXAMINED AIqD CHARGED AB FOLLOWS $0.00 lO/13/2oo4 10=54:50 AM Reoeived the Following Fees For Above Instrument Rxen~t Page/Filing $12.00 NO Handlin9 COE $5.00 NO NYS BRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Co~.Pres Fees Paid TRANSFER TAX NUMBRR= 04-11023 THIS PAGE IS A PART OF THE INSTRUM~,~T THIS IS NOT A BILL Edward P.Romaine County Clerk, Su££olk County D00012348 615 Lot= 001.000 Exempt $5.00 HO $15.00 NO $75.00 NO $0.00 NO $o.oo NO $0.00 NO $152.00 Number of pages TORRENS Serial # Ceni§cate # Prior Ctf. # Deed I Mortgage Instrument Deed / Mo~gagc Tax Stamp FEES Page / Filing Fee Handling 5. 00 TP.584 Nolation EA-52 17 (County) EA-§217 (State) R.P.T.S.A. Comm. of Ed. :5. 00 Affidavit Ccrtificd Copy Surch~ge 1:5. 00 NYS Other Sub Toud Sub Toud Real P~perty TaxService 040~,3081 tooo 09800 0600 oo~.ooo Verification f ~-. KWO AI [ Satisfnctious/DischargcdReleMes List Property Owne~ Mai]lag Addrr~s Mortgage Amt. 1. l~ic Tax ~, Additional Trix Sub TOUtl SpecYAsalL or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Appointment ~ Transf=r Tax r/~ Mansion Tax The prope~y covered by this mortgage is m' will be improved by n one or two family dwelling only. yF, S or NO If NO, see appropriate lam clause on page # __ of thia instrument. Consideration Amount CPF Tax Due $ Improved Vacant Land TI) I o. IN . nile Company.Information NATIFtMAI I aMn T,-UH'O~ ,,v., , Suffolk County Recording & Endorsement Page (SPECIFY TYPE OF INSTRUMENT) Thc premiae~ herein is situatcd in SUFFOLK COUNTY, NEW YORK. This page fo~m~ pnft of the utla~hed made by: BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) THIS INDENTURe, made thc/o'O~ day of:~c~ . ~wo thousand and four. BETWEEN ROBERT RICCIO and CI.AIRE RICCIO, husband and wire, rt.'siding at 78 Chelsea Road. Garden City. New York 11530 p'a~y oflba first part, and 6512 INDIAN NECK LANE, LLC having an office at 6512 Indian Neck Lane. Peconic. New York parly of the ~."cond pan, WITNESSETH, that the part), of the first pan. in consideration of Ten Dollars and other valuable consideration paid by the party or the second pan, does hereby want and release u~to tho party 6f th, e second part, the heirs or succcssors and assigns of thc party of the second part rorever, ~ ALL that certain plot, piece or parcel ut land, wlth~thc.~bufld~ngs"and ffnpfovemants th~rron, erccted,. aKuato lying and bamg at Pecomc lo'an of Southold, County of. Sull'fgl.k and'State of New York W" ;...,7."; '-' SEE SCHEDULE 'A' ANNEXED IIERETO AND MADE A PART IIEREOF Said premises being known as 6512 Indian Neck Lane, Pcconic, New York. Being and intended to be the same pn:miacs conveyed to th~: party of the first part by deed da~.d June I0. 2004 and recorded in the Suffolk County Clerk's Office on in Liber page TOGETHER v..ith all fig, hi. title and inlerest, il'any, o£the party of the first part in ~nd to any st~ts and roads ahoKing the nhove described prcmises to the ccnter'linos then'of: TOGETIIER with the appurtenances and nil the estate and rights of the party of the first part in and Io said premises; TO I.[AVE AND TO IIOLD the premises herein -~anted unto the party o1' the second part. the heirs or successors and assigns of the parly o£thc ~,:ond pan forever. AND the party ortho firs! part covenants that the party of the firsl part has not done or st~ffered anything whereby the said premises hnve been encumbered in nny way whntevur, except ns aforcsaid. AND thc party ol'lhe Iirst pm'i, in compliance with Section 13 of the Lien Law. co','anants That the party of the first part will receive the consideration for this annveyance and will hold the right To receive such consideration as a trust fund to be applied first for the purpose o1' paying the cost of the improvement and will apply the same I~rst to the payment of thc cost of the improvement beror~ using any part ortho tu~al or the same for any other purpose. The word 'pa~y' shall be construed as if it read "parties" whenever the sense of thls indenture so requires. IN WITNESS WHEREOF, the parly of the first part has duly executed this deed the day and .v~r first above written. C'L'~tkEiffc"L'lo ~ ' - befo~ ~, the und~i~, a Not~ Public in ~d for said sta~, ~nnlly a~d ROBERT ~CCIO C~H~ RICCIO Pc~onally kno~ to ~ or p~ to ~ on the ~sis of salisfncm~ evidence ~ ~ ~e ~ns wh~ names are sub~fi~d m the ~in i~t ~d ac~owl~g~ to me t~t th~ ~ul~ ~e ~e in their ~paciti~, and that ~ tbelr si~nmres on the ins~menL ~e pe~ns, or the entity u~n ~hatf of which the ~sl act~, ex~ut~ ~e ins~m~t. On zbe day ~ Z9 , ~o~ me he is ~e og . tbe co.option d~cri~d in and which ~uted the f~ing instm~t: that he ~o~ tbe ~al ofsaid co~ti~; ~t the stol afl. ed to ~id ins~l is such co~te ~1: t~t it w~ ~ affixed by o~ oft~ b~d ofdi~to~ o~ ~id ~ra- lion, and tbe he si~ h ~e thoro by [i~ md~. On the day of in the year before mc. the undersigned, a Notary Public in and for said state, p~rsonally appeared personally known to me or proved to me on the hasls of satisfactory evidence to be the person(s) whose namei, s) is (are) subscribed to the wilhin instrument and aeknow- ]edged to me that he/sbe/they executed the same in his/her/their capacitylics), and that by his/her/their signature(s} on the instrument, thc person(s), or thc entity upon behalf of which Ibc pcrson(s).acted, executed Notary Public On the day of 19 , before me personally came the subscribing wimess lo thc foregoing instrument, with whom ! am personally acquainted, who, being by me dui sworn, did depose and say the he resides at No. to be the individual dcsaribed in and who executed the foregoing inslrument; that he, said subscribing witness, was present and saw execute the same; and that he, said wimess, at the same time subscribed h name as witness thereto. Bargain and Sale Deed ' ROBERT RICClO AND CLAIRE RICCIO SEC 098.00 BLOCK LOT 001 COIJNTY OR TOWN SUFFOLK TO 6512 INDIAN NECK I,ANE. l,l.C 7~ 5°=5 RETURN BY MAIL TO: Brosnan & Heeler, I,LP 1415 Keilum Place Garden Cit); New York I 1~30 NATIONAL LAND TENURE COMPANY, L.L.C. Title No. NLT-10571-S-03 SCHEDULE A ALL thai certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in thc Town ofSouthold, CountyofSuffolk and State of Ncw York, bounded and described as folows: BEGINNING at a point on the northeast comer of the premises herein described where the same is intersected by land of Margaret Katzenberg formcri¥ of Griswold, formerly of Howe; said point of beginning being also thc following 4 courses and distances es measured along the westerly side of land of John P. Dauth from the intersection of the westerly side of land of John P. Dauth with thc southerly side of Indian Ncck Road; I) South 39 degrees 26 minutes East 97.94 feet; 2) South 30 degrees 28 minutes 30 seconds East 71.27 feet; 3) South 24 degrees 49 minutes 00 seconds East 309.96 feet; 4) South 22 degrees 19 minutes 20 seconds East $10.71 feet to thc true point or place of beginning, RUNNING THENCE South 22 de~rces 19 minutes 20 seconds East 198.$6 feet to the mcan high water mark of Little Peconic Bay;, (deed) (222.99 feet - survey); THENCE along the mean high water mark of Little Peconic Bay 110.66 feet (deed) (109.70 feet - survey) to a point; THENCE North 24 degrees 48 minutes 00 seconds West 209.~59 feet (deed) (235.$8 fect survey) and; THENCE North 67 degrees 40 minutes 40 seconds East 119.19 fact to the point or place of BEGINNING. TOGETHER with a right to pass and ~paas over the existing private dirt roadway for purposes of ingress and egress from Indian Neck Road to the premises described herein. FOR CONVEYANCING ONLY The policy to be Issued under this report will Insure the title to luCh bulldlngl and Improwmento erected on the pmmlse~ whk:h by law sonaiituto mid properly. TOGETHER with all the dOM, title and Intereai of tim party of the first part, of, In and to the land lying in the street In front of and adjoining said premW. Page 3 CHICAGO AM~RICA.N LA.ND '1~ A.~OCIA TION OWN'~R 'S-POLICY (10-17-92) WITH N,i~W YORK COV~.AiIM ENDORSEMENT APPENDF. D Policy No. 7'210632- 2 1 9 TITLE INSURANCE COMPANY S~UBIF_X2T TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND crIPULATIONS, CHICAGO I')TLE INSURANCE COMPANY, a MiSsouri corporation, h,~'in c~lled the Company, insmes, as of Da~ of Policy shown in Sch~ule A, agaJost lo$$ or damage, not exceeding tho Afrsouat of I~$urance s~ated in Schedole A, sus~dned or in¢~lrr~l by the insured by reasol~ of; 1, T/tie to the esta/e or h~iexesl described ia Schedule A b~iog veated other than as stated therein; 2, Any defec! in or lien or ©ncunlbr~llce on the *dtle; 3. Unmarkelabilily of the fi*de; 4. Lack of a right of access to and from the land. The Company will also pay the co,ts, atwrneys' fees and expcn~=~ i~urred in defens~ of thc titlc, as insmcd, but only to the extent provided in the Coodltlons and Stipulations. In Wimess H'7~ereof, CHICAGO TITLE INSURANCE COMPA NY has caused this policy iv be signed and ~aled as of Date of Policy' shown in Schedule A, the policy to become valid wher, countersigned by an aL~orized slgnat~ry. h~ued NATIONAL LAND TENURE COMPANY, LLC 900 MERCHANTS CONCOURSE ~IJl'fl~ 201 WF~I~BLr~y, ~ 11590 (516) 227-0500 FAX (516) 2274160 CHICAGO TITLE INSURANCE COMPANY Reorde~ Form No, 8235 (Repriate~ I 0/00) ALTA Owa~r's Yolicy (10~17-92) w/N~v York CHICAGO TITLE Schedule A - Owners Policy Internal No.: 99~08-0234-1182 Amount of Insurance: $1,448,500.00 Date of Policy: June 10, 2004 Policy No.: 7210632-34219 File No.: NLT-10572-S-03 Name of Insured: a) Robert Riccio and Claire Riecio, his wLfe b) 6512 Indian Neck Lane, LLC The estate or interest in the land which is covered by this policy is: FEE SIMPLE Title to the estate or interest in the land i~ vested in: a) Robert Riccio and Claire Rieeio, husband and wife who acquired title by deed from Robert A. Martin and Alvina L. Martin, husband and wife dated June 8, 2004, recorded 10/13/04 in Libe, r 12348 pg 615 in the Suffolk County Clerk's Office_ b) 6512 Indian Neck Lane, LLC who acquired title from Robert Rlee~o and Claire Riccio, husband and wife dated June 8, 2004, recorded 10/13/04 in Liber 12348 pages 6t4 in the Office of the Clerk in the CounW of Suffolk. The land referred to in this policy is described as foglows: /~~ See Schedule C herein for description Address:{ ~ 651-2_/h2dian Neck Road ~- ~e'~ordc, New York Town/City: Southold Distr~ct: 1000 Section; 098.00 Block: 06.00 Lot: 00L000 {516) NATIONAL LAND TENURE COMPANY, L.L.C. P61-A FOR USE WITH ALTA OWNERS POLICY CHICAGO TITLE Schedule B - Owners Policy EXCEPTIONS FROM COVERAGE Th/s policy does not insure against loss or damage and the Company will not pay costs, attorney's £ces or expenses which arise by reason of: 2. 3, 4. 5. Rights of tenants or persons in possession. Conlaet of Sale in Liber 7209 page 391. Easement in Liber 7209 page 391. Easement and Right of Way in Liber 7839 page 324. No title is insured to any land lying below the high water line of'Little Peconio Bay a/k/a Hog Neck Bay, it arms, branches and tributes by whatever name called, as the same now exists or formally existed. No title is insured to any land not uoder solid fill Rights of the United Stafes Government to establish harbor, bulkhead or pierhead lines or to change or alter any such existing lines and to remove or compel the removal of:fill and improvements thereon including buildings or other structures, from land now or formerly lying below the high water mark of Little Pecon[c Bay a/k/a Hog Neck Bay without compensation to the insured. Ihghts of the United States Government, the State of New York and Counly of Suffolk, Town of Southold or any of their departments or agencies to regulate and control the uSe of the piers, bulkheads, land under water and land adjacent thereto, Until a guaranteed survey acceptable to the Company is received mud re~ into title, policy will except any state of facts a guaranteed survey would show. Unguaranteed survey mede by John C. Ehlers, Land Surveyor, dated 3/1/04, shows premises improved by a two story frame dwelling, wood deck, steps, wood bulkhead, frame garage and the following survey exceptions: overhead wires and variation between fence and record line. (5t6) 227-0800 NATIONAL LAND TENURE COMPANY, L.L.C. P61.B FOR USE WITH ALTA OWNERS POLICY CHICAGO TITLE Schedule C - Owners Policy ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyJ~ug m~d being in the Town of Southold, CounW of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northeast comer of thc premises herein described where thc same is intersected by land of Margar~ Katzenberg formerly of Griswold, formerly of k[owe; said paint of beginnin~ b~ing also the following 4 courses and distances as measured along the v~sterly side of land of John P. Danth from the intersection of thc westerly side of land ef John P. Dauth with the south~ly side of Indian Neck Road; 1) South 39 degrees 26 minutes East 97.94 feet; 2) South 30 degrees 28 minutes 30 seconds East 71.27 feet', 3) South 24 degrees 49 minutes 00 seconds East 309.96 feet; 4) South 22 degrees 19 minutes 20 seconds East 510,71 feet to the true point or place of beginning. RUNNING THENCE South 22 degrees 19 minutes 20 seconds East 198,56 feet to the mean high water mark of Little Peconio Bay, (deed) (222,99 feet - survey); TI-IENCE along the mean high water mark of Little Peconic Bay 110.66 feet (deed) (109.70 feet ~ survey) to a point; THENCE North 24 degrees 48 minutes 00 seconds West 209.59 feet (deed) (235.58 feet survey) and; THENCE North 67 degrees 40 minutes 40 seconds East 119.19 feet to the point or place of BEGINNING, TOGETHER with a right to pass and repass over the existing private dirt roadway for purposes of ingress egress from Indian Neck Road to the premises described herein, (616) 227-0800 NATIONAL LAND TENURE COMPANY, L,L.C. P61.C FOP- USE wrrl-I ALTA OWNERS POLICY EXCLUSIONS FROM COVERAGE The following matt~re e~e expressly excluded from th~coverage o! this policy and the Company will not pay loss damage, costs, attorneys' fees or expenses which arise by reason of: t. (a) Any law, ordinance or governmental mgulaUon (including but not limited to building and zoning taws, ordl. narlces, or regulations) rentrlcting, regulating, prohibifin9 Or ralaling to (I} the g~'.cupancy, use~ or enjoyment of the land; (i~) the ehemetot) dlmenaiohs ot location of any Improvement ~r~ow er 'h ereattor emoted on the laird; (iii) a eeparatlon in ~wnemh;p or a changa in the dlme'fl~ons or area of the lend or any parc& of whit h the land is er wee a part; or (iv) en¥ironmentsl protection, er the effect of any violation ct the~e lawn, ordinances or 9ovemmentai vegul~lons, except to the extent that · notice o~ the entomemant thereof er a notice o~ a delect. lien or enc, umlamnco resulting from · vlolatlop er alleged violation elfectlng the lend has been recanted in the public records at Dale of Policy. (bi Any govemmentsl police power not exclude~ by (a) above, except m the ex/ant that a notlco of the exercise thereof or · notice of e defect, lien or encumbn~nce n~sultlt~g from a violation or Mleged vintsfion affecting the land has been recorded in the public records et Date of P~llcy. Z. Rig hL~ of eminent domain unler4 notice of the e~ereise thenaot has been regordeO in the public mcorde at Date of ~liGy, bet not exolu~ing f~oot covelage a~ taking Whloh ~ occlarred prior to Date of Policy which ~uld be binding on the rights of a pu~hasar for value withoUt knowtedge. 3. Detects, liens, oncumbrancas, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insure~ claimant; (bi rml kenya to the company, not recorded In the public recor~L~ at Date of Policy, but known to the insured etalmaot and not disclosed in writing to the Company by the inaured claimant prior to the date the insured claimant became an teared under this policy; (c) resulting in no loss or damage to the ipsm~:l claimant; (d) attaChing or created aub~equenT to Date ct POliCy; or (e) resu~Ung~i1~se~r~amagewh~chw~u~dn~thavebeen~us~ainedifth~in~u~K~claimenthedpaid~aiue~rt~ eatate or info,sst insured by thio I~lioy. 4, An¥clalrn, wh~char~ses~ut~th~transa~nve~t]ngintheinsUred~theestateorinteres~lnsuredbyth~p~cy~ by reason of the operation ct federal bankTuptcy, stale Insolvency, or aim#ar oredltors' rights laws, that Is bas- ed on; (ii t~.e traneaetion =reeling the estate m' intereai: Inaured by thio policy befog deemed ~ frauduiel~t can. vnyance or fraud,lent hanmar; o; (ii) the tran~ofior~ cre.q~Ir~g ~he estate Or Interest insured by this policy being deemed a preferential ~a~altster except where the preferential transfer resuJta tram tim failure; (a) lo timely record the Instrument of transfer; or (bi o! such recordation to impart nofi0e to a purchaser tar value or a Judgment or llen creditor. t. DEFINITION OF TERMS · T~e fo,owing 1arms when used in this ~1~ (a) *'insure": tho i~u~ named in Sc~ulo A, &nd, ;ubj~ to a~ ~ defen~ t~ Com~ ~u~ h~ had a~n~ the ~med insu~, ~o su~e~ to the ;nle~ of the ~ed insu~ ~ Operati~ ~ law distinguished tram purcha~ in~ud~g, bu{ not Jimii~ ~, helm, dJ~ribute~. lb) "insu~ claimant": an insured claiming Io~ ~ damage. ~ ~ n~ice which may ~ im~md ~o an insur~ ~ tg~n M I~e pu~ic records as d~in~ in lh~ ~1~ or ~ ~her records wh~h i~ t[~ notice of ma~r~ a~ng t~ land~ (d} "land": the land des~db~ or referr~ to in ~h~ule A. and i~ov~ d~s ~t incl~ a~ pro~ ~nd the lines ~ the a~ d~d~ or ebbing ~e~. mods. aven~s, all~, I~e, ~ys or wate~ays, but ing heroin shall modi~ or lima Ihe e~ent to ~ich a righl of a~ess to and ~m (e) "mo~ge": mo~gage, de~ ol trot, t~st deed, or mher ~udty (~ "public records": records eMabltsh~ under ~ste ~atut~ at Date of real pro~ ~ purchasem ~r va~ue ~d without ~owl~. ~t~,m~ S~tionl(a)(w)ofthe~clu~FmmC~emge, publlere~rds shallalso include environme~ p~mion liens filed in the ~ords of t~ cterk of United ~te~ di~m court for lhe di81~[ in wh~h the ta~ Js (g) "unma~ili~y a~ the title"; an alt~ or a~ar~l mawr a~ftng ~he ~itla to the I~, n~ ex~ or ex~epl~ from ~emge, which ~u~d r~ulring the deli~ of makable rifle, favo~ ~ an insur~ only ~ long as the insur~ r~ains aR ~tate or l~e~ the land, or holds a~ inde~ne~ s~r~ ~ a pu~h~e money mo~ge given by a pumhaser from ~e insu~, or only ~ bng ~ the i~u~ ~ve II~ility by r~son of ~a~s of warranty made by the insured iR any in ~me in favor of any purch~er Imm the i~ur~ of eAher (I) an e~te or mo~gage gi~n to the insu~. 3, NOTICE OF C~IM TO BE GIV~ BY INSURED CLAIMANT The In~md shall ~1~ me Co~pany promp[~ In Wd:lng ~) Jn ~ 0~ any litigation ~ s~ f~h In S~lo~ ~a) below, (Ii) in c~e knawl~ sh~t come to an i~ured ~reun~r of ~y ~aim of rifle or imere~ which is a~ to the a~ for which Ihe Company may ~ liable ~ virtue of this ~l~y, ct Oil) if title to shall not ~ gi~n tq the Core.ny, then as to [~e i~au~d afl Ila~l~ ~ the Company shall be ~judi~d by the failu~ and then only to the exte~ of the prej~ice. 4. OE~NSE AND PRO~ECU~ON OF ACTIONS; ~TY OF INSURED CLAIMANT TO COOPERATE (a) Upon ~en ~uest by t~ in=ur~ and subje~ to the ~tions ~ined ~n ~e~on 6 of th~ Conditions a~ ~lpulet[m~3, ~he Comfy, a: its OWn ~ and w~ho~ ~re~ble delay, shall pm~de ~or the ~fense of an o; in.mst ~ insured, b~ only ~ to t~ ~d ~u~ of amion all~i~g a de~, lien or e ~umb~a~ or ~her matter inaur~ ag~ net by this ~i~y, ~e right of the insur~ ~ ~ject for me.noble cauea) ~o repmeent [he ~neumd ae f~5 of any other counsel. ~e Company we; not pay a~ tees, eOs~ Or ~o~cute any a~ion or p~aedln~ o~ ~ do ahy ~hef s~ which ;n may be necesse~ or d~ira~le to est~llsh ~e tiUe to the estate or interesl, as CONDITIOH~ AND STIPULATION9 (O) Wilertever Ihe Company al,alt have brought an scti~ or i~ a dafe~ ~ ~uimd or ~ ~ ~ p~ns Of this ~icy, the Com~ ~y ~e any lite,on ~ fi~l d~e~inal ~ by a ~ ~ ~mpetenl ]u~ ~efion ~ ~x~s~y t~ Ihe ~ght, in i~ sole di~on, to ap~l from any ad~m~ Jud~qnl or ~der. (d) In ~1 ~s~hem ~ ~11~ ~rmi~ or requires the ~m~ny m pm~ ~ m provi~ ~t the d~ of a~ action o~ p~di~, the insur~ sha~ S~U~ t0 ~e ~ ~e Hg~ ~ ~ p~ule or p~v~ defense in ~he ~ or pr~i~g, and alt ap~als therein, ~ ~rmil the Company to r~u~l~ ~ the C~y. the insure, al the Company's ax~n~e, shall give ~e ~y all ma~nable ~ (~ in ~y e~fion or ~eedlng, securing e~den~, o~ining ~ses. pr~u,~ o~ deluding the a0tion or ~- o~nJ~ ~ the ~mpany ~ be n~a~ Or desl~b~ ~ e~a~sh the title the aerate o~ ~ntemst as insure, lithe Core.ny is pmJ~ ~y the f~Jute t~ ins~d to fumls~ ~e ~l~d e~r~on, the Compa~'s ~ligatio ns to ~ insur~ under Ihe policy shall ~inate. including any liabifity or obliga- tio~ to defend, p~ule. ~ co~inue any lit~fion, with regard to the matter or ~.ers t~ring such ~aration. S. PR~F OFLOSSOR In ~difion to a~ e~ ~he n~i~ ~ui~ under Se~ion 3 o~ [he~ Condi- ll~s and S[l~t[0ns h~e ~ ~m~d~ the ~m~any. a ~f of loss or 0a ma~ signed a nd s~m ~o by the insu~ climax[ sh~l be ~mlsh~ ~ the giving Hse to the ~ or d~age. T~ p~f 0t Io~ ~ damage s~tt d~cri~ a~inst by this ~licy which ~n~i~ules the basis ol to~ ct damage and s~all ' da~e. If the C~pany is p~ju~i~ ~ the failure of the insured c~imant pr~e ]he r~imd p~f cT I0~ or d~, the C~'s obligations, to t~n ~ defer, ~os~, or continue any liti~tion, ~th regard to the maker In addition, the insur~ claima~ ~ay rea~n~ly ~ r~ui~ ~ submil to and ~1 ~d~e ~t examin~on, insp~ioR and copying, at such mason- ab~ limes ~ ~ac~ as may be ~lgnat~ by a~y aul~lzea repr~en~auve of ~e Company, ai~ ~o~, ~a, I~gem, check, corre~o~dence and memom~a, wh~her baaing a 0a~ he.re or a~er Da~ ~ ~li~. which me~nsb~ pekin ~ the ~ ~ ~a~. F~er, if ~uested by any rized mpm~ntatNe of the Company, the insur~ c~ima~ a~ll grant its petmi~l~, in ~t~g, ~ any authorized ~m~nmt~e ol the ~m~ny examJ~, insp~ and copy all rec~. ~s. I~gem, che~s. ~rres~n- ably pe~n ~ t~ l~a or d~e~, ~11J~atJon design~ ~ ~nfidential ~ the ~s~ claimant pm~ t0 ~e Co~ny ~ant lo this S~t~on ~1 not ~ disclos~ to mhem um~s. ~ the reasonable Judgment ~ the ~mp&ny, jt ~ ne~a~ in the admlnis~ion of the claim, Failure of the ~ly ~eq~st~ fn~rmation or grant permis~on to serum mason~ly neces- s~Jnfo~ation from ~ird padi~ as required In thi~ ~9raph shah termi- ~te any I[abi~y of the ~mDany ufl~r 1~ ~licy as ~o that claim. 6. O~ION$ TO PAY OR OTHERWI~ SETTLE ~AIMS; TERM~ATION OF UA~LI~ addilio~ options: (k)'To ~ o~ ~nder ~yment ef t~ A~unt of ~ ~y o~ ~er payme~ ~ the amou~ o~ insurance under this ~licy t~elher w~h ~y cos~ decrees' ~es ~d expens~ i~urr~ ~ the in.red cl~a~, which ~[e a~ b~ Ihe ~m~ny. up~ the time of ~ymem or ~n~r of payment and ~]ch the Com~ny ~ ~ligat~ ~ pay. U~ the exemi~ by the ~mpany of ~is option, all liabil~ a~ o~ to the~nsu~ under this poll~,o~ t~an ~ t~l~ the pe~ent mqui~d. tinve any lit[~tion, a~ Ihe ~llcy shall be surrendered to the Company ~o~ can~llafion, (b) TO ~ or Ot~i~ S~e w~ ~es Other t~n the Insur~ or With ~e Insured Claimant. (i) ~ per or othe~i~ settle*w~ other perti~ ~r or in ~he marne of an were ~H[ed ~ the ~m~y UD to the time of payment and which (ii) m Day or mhe~ise settle with the tnsumd claimant the less or damage ~mpany up to the Ume of ~y~e~ and which the Compa~ is obligated to paragraphs Ib)(i) or (ii). the Comneny's obligations to the insured under this 7. D~ERMINATION, EXTENT OF LIABiLiTY AND ~INS~ANCE ~ent heroin described. (~) The 8ability of the Company u ~er this ~ti~ shall ~1 ex~ the of: ii) Ihs Amoun~ ~l Insurance sta(ed in Schedule A: on (ii) Ihs dlffere~e b~w~n the value of the in~red es~le or intent I~en or ~cumbmn~ insur~ ~inSt by this lb) In the e~nl the ~mou~t Of tnsmao~e s~aled in ~chedUle ~ al me D~te of the full consideration paid for the land. whichever ~ less. ef If sub~ue~ the Dam of PolLcy ~n i~pr~emem is emet~ o~ Ihs I~d which i~reases fhe (i) where ~ subsequent impro~me~t ~as bee~ ~ade, as ~ any portia{ loss, the Company shell only pay the I~s p~o rata in the pm~rtlon that the amodnt of i~ce at Dale ef Polly ~a~s to the to~l v~lue of t~ insured (ii) where a sub~que~ ~O~e~ has'been made, as ~ ~y loss, ihs Cbmpany sh~[ o~ly pay the Io~ pm m~ in ~e pm~Hion that 120 Ihs A~unl 0l Insurance Slated in Schedule A and the amount expend~ fo~ The p~ovJsions of this parag~ph shall ~ot ~y to costs, allOroeys' and expens~ toy w~ich the ~m ~ny is liable und~ t~s ~1~, and shall on ~pply ~ ~at ~d~n of any Io~ which excels.in the aggmga~, 10 pa[cent.gl ~he Amount ~ Insurers stated in ~hedule A. lc) The Core.ny w[l~ pay only Ih~ c~ts, affotney~ ~es and exhales incur~ in a~ord~e with Sexton 4 ct these Conditions and Stipulations. are not us~ ~ a single ails. a~ a Io~ is ~blished afl.ting one Or ~ere 0f the parcels but n~ alt, Ihs ~ss shall be ~mpu~d and ~ffl~ on a pm rata basis a~if theamount of insura~e under this ~l~y was divided pro ~ata as to any improvements made sub~q~nt to Date of ~l~y, ~nle~ a J[ability or the insured at the tl~ of t he i~uan~e 0f this poli~ and ~n by an expre~ 9. LIMITATION OF (~ If the Company es~blishes the e~fle, or removes t~ al[eg~ def~t, iie~ cures the claim of unmarketabill~ of lille, all as insured, in a reasonab~ dilige~ manor by any melhod, including liagation end the ~mp~ion of any thru me.er and shall not be [ia~e ~r any Io~ or dam~e caused thereby. me Company's consent, I~ Company shall have no ltabil~y for loss or dam- lc} The C0mpa~ shall ~ot be ~iable for ]o~ or ~amage to any insured for llabili~ volu~riN a~um~ ~ I~ insured in ~R~ing any claim or suit wlt~ut ~e pnor w~t~n ~em ~ t~ Company. 10. REDUCTION OF I~SU~NCE; REDUCTION OR T~MI~ATION OF LIABILI~ Ail payme~ unde~this ~iic% excepl payments made tot cos~, al~orneys' 11. LIABILITY NONCUMU~TIVE It is expt~sly u~eml~ ~t me amoum of insurance under this ,~icy s~tl ~ reduced ~ any amount the Com~ ~y pay under any ~l~y insuring a ~gage ~ which axe.ton Is ~ken in ~hedu~ B or to which the ecumd ~ an lnsur~ ~nd ~ich. iSa char~ or lie~ on ~e e~ or in~[ea~ d~c[ibed or re~erred ~ in ~hedu[e A, and 1he a~ou~t ~ paid shall be d~med a payment ond~ this ~llcy ~ [he insur~ 0w~e~ 12. PAYMENT OF LOSS {a) No pa~t sh~ be m~e witho~ pr~uci~ ~his ~11~ ~r endors~ me~t o~ the ~y~nt unl~ fha ~ has ~. lost or desisted, in w~h ~mpany. 13, SUBROGATION UPON PAYMENT ORS~TLEMENT la) T~e Camper's Right ct Subrogation. W~ene~r the Core.ny shall have s~led and ~ a claim unoer th~s remed~e= wh~ ihs insured claimant would have had against any person or and rased]es against any ~n or pm~e~y ne~s~ry in order to periect this right of submga~on. The insu~ ciaima.[ she{{ permit the Company sue, ~mpmmise or ~ettie in the name of the insured ciaiman[ and [o U~ the n~me o} the {nsur~ olaimem in any tran~i~ or litigation involving these n~hts or mmV{es. dies in the p~po~ion which the Go. pony's payment beam to ihs ~oie ~uJr~ tO pay only that pa. of any {0sees i nsur~ again~ by this ~{icy whic h mere by the insured clement of the Company's. tioht of lb) The ~m~'s RiS~ Against Neminsumd exist and Shall include, without iimilat{on, the rights of the {nsur~ to ]ndem- tion tights by zeeson of this ~iicy. demand a~itrellon pumuant to the Title insurance Atbit~io~ Rules of the limited to. say ~vemy O~ claim ~[ween the Compa~ and {~ insured arising ~{ ol or relatin0 lo [~is ~11~, any ~{oe of the ~mpany {n t{0n ~th i~ issuance or the bma~ of e ~iicy p~ision ct o~ obligation. mafias wh~ t~e Amount of {nsumn~ {s in excel5 of $t.000,~ S~al{ be [ion pomuant to th~ ~{icy and unde~ tile Rule= in efl~l on the ~me (he demand fo~ arbitration is mede ct. at the option of [~ }naurU. the Rules e~l at D~ of Policy shall be bind}ag upon the pa~ies. The a~acd may ~rm}} a cou~ i0 award attorneys' lees tO a prevailing ~dy. Judgmem upon the award rendered by the A~ilrator(s} ~ay be enlec~ In any uou~ herin9 {u~isdicfion The {aw gl the situs of the {and shat{ apply to an arbitratlon under the T~le A copy 0f the Rule5 may be obtaJn~ fram the Company u~n 15. LI~ILITY LIMIT~ TO THIS POLI~; pOL~ ENTIRE CONTRACT (~ ~h;S ~li~ toga[her with ~ll endo mements, If any, a~ach~ he~o by the pa~y. In I~e~r~ing any provision of this ~iicy. this policy ~h~ll De (b} Any claim of loss or dam~e, whether or not b~ed on negligence, and he~y or by any aclion espying such claim, shall be rest~c~d to this policy. (~) No ame~ment gl or e~ment ~ this ~licy can be m~ except ~ce pr~siden(, the ~cre~, an ~sismnt S~reta~, or ~l~ating o~r or au~or~ ~igna~ of the Company, 16. SEVERABIL~ ~der n~ii~le Aw, the policy shall ~ deemed not to incise thai provision 1% NOTI~S, WH~E S~T r~u~ to be ~mlsh~ the Company shall include the number of this Claims Deponent 171 No~h ~e~ Chi~go, Illinois 6060t-32~ 90 Bg~d OIOOI~ 80~ EZOI~G~9I§ 9S:P0 GG6I/8I/lO EI[IDORSEMENT Attached to end forming a part of Policy No, 7.2106,32-342,19 Issued by CHICAGO TITLE INSURANCE COMPANY NEW YORK ENDORSEMENT (OWNER'S POLICY) The followiag is added to the insuring provisions on the ~a~ page of this policy: "5. Any statutory lien for s¢~icos, labor or matexlaL~ furnished prior to the date hereof, sad whmh has v. ow gamed or which may h~reaflar gain priority over the e.etate or interest of the Insured a~ shown in Schedule A of this poli~y," Thc following is added to Paragraph 7 of the Conditio~ and Stipulations of this policy: "(d) If the recording date of the instrumen~ creating the insured latere~t is later than the policy date, such poli~y stlall also cover intervening I em or encumbragee~,exc~ r~l ~tat~ taxes, asse~smcn~ water charges and sowwr mats," Provision is made ia tho rate manual oft his company filed with the Superintendent of Insurane~ of the State of NeW York fOr cot~finuation of liability to grantees of the insured in certain sl~cifi¢ cireumstano*s only. In no cimumstance pro~ided for in this sub-section shall this c~mpany be deemed m have iasur*d the sufficiency of the instrument of conwyance or to haw a~sumed any li~blllty for the sufficiency of any proceedings ef~r the date of this polizy." This endorseanent is made a part of the polloy or eertifie, a~ and is subject to ~ll the terms and provisions thereof and of any prior endorsements rhea'ere. Except to the e.~tent expressly ~tated, it n*ither modifies ~ny of the tetrn~ and provisions of the policy or certificate ~nd prior mdorsemcms, if any, nor doe~ it exmnd the effec-t~vc dat~ of thc policy or certifical~ and prior endorsements or increase thc face amoun'~ thereof. · ~uthorized/Signatory / as~, New l~o~'l: Endor.~ement COw'~er'~ ?olicy}(I988} to be u~d *vith American Land Tttie ,4~:o~atfon'a 'A.L T.A. Ownar's .°ollcy" (t 987 form) ENNYI~O OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Claire & Rob Riccio 1000-98-6-1 Is the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? ~, No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) ls the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Application submitted and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? __No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No the proximity of your lands on your map with this application. lfyes, please label H. Please list present use or operations conducted at this parcel residence and detached ~ara~e and proposed use house with attached garage with pool . (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date 2/05; 1/07 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNI~ISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project spewer) 1, Applicant / Sponsor 2. Project Name 3. Project location: Municipality Counb/ 4. Precise Io~tlon (Street ad0ress and read inteme~ons, prominent landmass, etc. or provide map) 5, Is proposed action: (~NEW ( ) EXPANSION ( ) MODIFICATION/ALTE~TION 6. Describe project bdefly: 7. Amount of land affected: Initially: I~- acres; , ~- Ultimately: ~ acres ,~ 8. Will proposed action comply with existing or other existing land use restrictions:( ) YES (/~NO If No, descdbe bdefly: 9. What is present land use in vicinity of project: (desc~be): (/~) Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) ParkJForestJOpen Space ( ) Other 10. Does action I~volve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? (/~) YES ( ) NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES ~ NO If Yes, list agency(s) and permiYapprova~s: 12. As a result of proposed action, will existing permit/approval require modiflcatian? I( ) YES (~ NO If Yes, list agency(s) and permit/approvals: I c~ert~l~fy that the information provided above is true to the best of my kn, owledge Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisinan _Mailin~ Addres.~: Southold Town Hall 53095 Main Road ° EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 ° Fax (631) '/65-9064 July 31, 2008 Mr. and Mrs. Rob Riccio 78 Chelsea Road Garden City, NY 11530 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6140 - Application by Claire and Rob Ricco (Variances) Dear Mr. and Mrs. Ricco and Ms. Moore: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the July 24, 2008 Meeting. Please be sure to contact the Building Department for fo]iow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Encl. Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork,net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville February 14, 2008 Zoning Appeal No. 6140 Transmitted herewith is Zoning Appeals No. 6140 Claire & Robert Riccio- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Cover Letter from Patricia Moore Listing the following: Notice of Disapproval, Site Plan Prepared by Fred Weber, Architect, Building Diagrams of House and Pool Design, Survey prepared by John C. Ehlers, Project Description, Transactional Disclosure, Questionnaire Form, Short Environmental Assessment Form, 2 Property Record Cards, LWRP Consistency Assessment Form, ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/14/08 ZBA # NAME CHECK # AMOUNT TC DA~I~SJ~P 6140 Riccio, Robert and 6800 $600.00 FE~ ] z~ 2008 Claire (P. Moore) 6142 Meskouris, James (P. 6765 $400.00 F~ 1 ~ 2008 Moore) ~e~d~ol~ Town (ler~ TOTAL $1,000.00 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Claire & Rob Riccio, 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. I f so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: ChangeofZone Approval of Plat Exemption ~omPlat or OfficlalMap Other (Trustees) __X 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature:~'~'~L Print Nam~2 ~ Claire Ricc~o - Rob Riccio / Pa~icia C. ~ APPEALS BOARD Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 26, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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 11971-0959, on THURSDAY, JUNE 26, 2008: 2:25 P.M. CLAIRE and ROB RICCIO #6140. Requests for Variances under Sections 280-15 and 280-116B, based on the Building Inspector's amended February 6, 2008 Notice of Disapproval concerning proposed new construction. The reasons stated in the disapproval of the building permit application are: (1) the proposed new dwelling construction will be less than 75 feet from the bulkhead, (2) the proposed swimming pool will be in a side yard instead of a code- required rear yard; and (3) in addition, the applicants request a Variance under New York Town Law, Section 280-a to determine the need for base improvements and clearance within the right-of-way easement giving access to this property from Indian Neck Lane. Location of Property: Private Right-of-Way extending from the Southerly Side of Indian Neck Road (House #6212), Peconic; CTM 98-6-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours 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: May 27, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 #8875 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 26th day of June, 2008. Principal Clerk Sworn to before me this ~:~---] dayof ~"~/~_~ 2008 tion proposed at: (1) less th~n 100 feet from the top of the bluff adjacent to the L.I. Sound; (~2) tess than the code- required minimum 15 ft. side yard (new dwelliag); (3) side yard location and set- ,back at less than 40 feet from thb front yard 1bt line (swimming pool find shed) and (4) lot covbrage in exces~ of the code limJtatiort of 20% (all construction). Lo- cation: $4~5 North Rbad, Southold; ~$2-1-10 and I (combined as one). ~:2~ PM. CLAIRE and ROB'RIC- CIO ~6140. Requests for Vfiriances un- dei: ~ctio~s 28~-15 and 280-116B based on the Building Inspector's amended February 6, 2008 Notice of Disapproval concerning proposed new construction. 'I~te ~easons stated in the disapproval of the building p~rmit application are: (1) the proposed aew dwelling construc- ~ ~will be less than 75 feet from the buPthe~td~ (2) tho proposed swimming pool will b~ in a side yard instead of a code-re~uiredlxear yard; (3) in addition,. New Yo~k Town L~w, Section 280-a to detormine ~he need for bgse improve- mebts and clearance within the right-o[- way easement ~iving acCess to this prop- erty from Indian Neck Lane. Location: Right-of-Way extending from the South- erly Side bf indian Neck Road tHouse The Board of Appeals will hear all persons, or their representauves desir- mg to be.h~ard at each hearing, and/or desiring to submit written statements before the conclusion of each bearing. Eec not start ea_rller than CHRiSTiNA VOLINSKI NOTARY PUBLiC-STATE OF NEW YORK No, 01.VO6105050 Quatlfled In Suffolk County My Commission Expires February 28. 2012 hours and not hesitate ~631) 765-1809. tngs.wil[ iq¢ li¢ld by TOWN ZONIIqG t~ALS at the ~wn HaH, .53~5 ~ ~ad. EO. Box 1179, Sofith~d, New ~BULL ~ 6152. R~u~ for V~- ~124, b~ on ~e Budding Im~c- tor's m~d May 6, 2~ Nbti~ of BY L!NDA KOWALSKI 54375 Main Road Office Location) ,~mlu:dd, NY 1 !971q)959 COUNTY OF SUFFO'LK)~ Karen Kine of Mattitu~k, in said county, being dul~ Principal Clerk of THE SUFFOLK TIMES, a weeMy 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 5th day of June, 2008. Sworn to before me this 2008 Notice of Disapproval concerning proposed construction of two buildings, -B-General Business Zone District. The permit application are: (1) a building ~s f~et h-om the right-of-way; (2) a building righl-of wa'/and will be greater than the code Iimitation of 60 linear feet ia width; in an R-40 Residential Zone District, tion proposed at: (1) less than 100 feet the L.I. Sound; (2) less than the code Principal Clerk ~ dayof (~{J/~_ 2008 To JUN 2 4 2008 ~'1 neme ,$ S~c Odell ,~iD~FLy~ ~ been here ~n +k To~n OF Soothold ~o~ I00 ~3. ~ Foo~ born here, D'I~I.., pro?cr~/ 6c~dcr. s the ~rhc norfh a_~J -khc tOe_sT (The db/'2~l, C r. u4t.S) ' t I$ OVCF r'n~ TOWN OF SOUTHOLD PilOpE~t ~E~GORI~ CARD OWNER iSTREET / ~,'~....' ? VILLAGE DIST. ~ SUB. LOT £ /~C~ - , 7/... ~~ILDING ,~.,~.. ~, - .... ..,. ~// ~ · !SEAS.'? !VL [FARM ! COMM. CB. MICS. Mkt. Value ~E$. 'illab~.e Vooclland Plot ; .! FRONTAGE ON WATER - FRONTAGE ON ROAD DEPTH BULKHEAD 98.-6-1 3105 Extension Garage gosement Ext. Wails Fire PlaCe Roof Room i Dinette F~oors [Dtedor Finish H~at Rooms 1st Floor Rooms 2nC~ Floor Driveway K. FIN, B. Real Property la× 5ervlce Agency, PROPER LiNE NOTICE ~ R ~ COUNTY OF SUFFOLK (~ K~ ....... ..~ SOUTHOLD ..... [NANc[,ALT[RATIOH,sL[O J~,.~ Real Property Tax Service Agency ~ ~ 222 SECTION NO O98 PROPERTY MAp AC?ION O1~ THE ZOI'IING BOARD OF APPEA2~ OM T~ TOW~ OF ~UTHO~ ................. of the Zo~lug Orcliuauce auc~ the dec.ion of the Building I~specior ( ) be reversed ( ) be /APPEALS BOARD MEMBERS / Gerard P. Goehringer. Ghairman Serge Doyen. Jr. James Oinizio. ,r. ~ouert A. Vil{a Richard C. Wilton DATE OF ACTION: BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Southold Town Hall 53095 Main Road P,O, Box I179 Southold. New York 11971 Fax (516) 765-:[82,3 Telephone (5~6) 765-1809 November 2, 1994 APPL. f~4281. &PPLICANT: KATHLEEN VARANO and Other~ (Riced F. ~rk, E~q.) ~CATION OF PROPERTY: 6600 Ind~n N~k ~d P~c, NY. COUNTY TAX ~P DISTgtCT 1000 SECTION 86 BLOCK 7 LOT 4. BASIS OF ~APP~L: No~ of D~pp~v~ ~u~ by ~ B~ld~ng I~p~r ~1 not ~mply APPEALED FROM: Arti~e XXIII, Sea,on 100-235B, Article Section I0~-32 (B~ Seh~ute) ~EQ~ESTED: ~ ~t 1: 75,3~ sq. ft. lot ~ ~d f~nt ~s at 6~ ft. f~m ~di~n N~k R~d ~d 50 f~t f~m p~v~te ~ght~of-wa~ 50 ft. ,~ ~, 20 ft. ~de ya~; ~t 2: 80,0~ ~ ft. ~t ~ -~uzive of R~ st~p, setba~ at 50 ~d~: 20 ~d-~; ~t 3: 81,000 sq. ~t. lot a~ ~ive of ROW s~p, ~ ~ s~ on survey ~ded Au~s~ 31, 1~ pre~d by R~ck MOTION ~DE BY: Ge~ P. ~r, Ch~-Member ~gCONDED BY:' J~ D~o, Jr., Mem~v q ADOPTED: G~nt~ ~Hef ~u~t~ ~ noted ~ .~n~fiOn ~ rorer ZBA ~olu~on s~ u~ ~ ~g the cur~nt zo~ ~de)." ~FINDINGS: ~perty ~v~ foyer ~n~ app~ ~de~ NO. 3~0 on ~y 2, 1985 ~d fomr ~d for v~s. No ~ter~five ~ avni~nble .for VOTE OF THE BOARD: Ayes: Ser~e J. Doyen, Member James Dini~o, Jr., Member ~iebsx~ A. Wilton, Member Gerard p. Coehringer~ C~..'~b~ ~ ? ~' Absent: Robert A. Villa (ouT-'0f~rtht~JL.- ...... ' ' ' Tlds resolution was duly ado~~ /-~' GERARD P. GOEHRINGER-, CHAIRM~N · £App is Southold Town Board o ea ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3455 Application Dated January ]7, 1986 (Public Hearing March 13, lg86) TO: Richard F. Lark, Esq. as Attorney [Appellant(e)] for MRS~ KATHL£EN'VARANO P.O. Box 973 - Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on ~il 16~ 1986 the above appeal was coneidered, and the .action indicated below was taken on your [ ] Requeet for Variance Due to Lack of Acceee to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Bequest for Variance to the Zoning Ordinance Article , Section IX] Request for Interpretation of Condition under Appeal No. 3330 and Building Inspector Interpretation/Letter D~ted December ~, 1985 -Application of'KATHLEEN VARANO for a Variance to the Zoning Ordinance, Article .~I~,'_Section lO0~121(D)[1] for a clarification and/or correction of the interpretati'on o~ ~ui.lding Inspector, of Condition in Appeal No. 3330 rendered by .the Board of Appeals May 2, lg85 which al!q~s.no sleeping or living quarters in the accessory garage/apartment structurei Location of Property: 6600 (or 6750 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-086-07- 1004.] ...... ',. ~ WHEREAS~"~pplication under Appeal No. 3455, a request for an interpretatiqn clarifying or correcting the interpretation of the Building Inspector ~ated December 2, 1985 has been duly filed on Jan. uary l?, .1986; and WHEREAS, said application requests: (al an interpretation of Conditien in Zoning Board of Appeals Decision in Appeal No. 3330 and Building inspecto~,'s interpre.tation dated December 2', 1985 which %tares, "...That Lot ~3 shall be restricted to one-family us.e Only, with no additional sleeping o~ living. quartqrs tn any accessory bull.dings (except as may be allowed 5y legislative act.ion in amending the currgnt zoning code)..."; OR, in the al{erna~]ive, (b) if the Zoning Board of Appeals decides t--Se Building. Inspector's interpretation is correct, t.hen to amend 'the condition contained in Appeal No. 3330 to allow a continued use of the preexisting two bedrooms for sleeping fac.ilities contain68 in the garage/apartment as an accessory use to th.e principal dwell- ing on the premises; and WHEREAS. this board deemed it appropriate that the ~appea] for the interpretation be considered by this board firstly and that the alternative relief await this action of this board for the appeal of the interpretation; and DATED: May 14, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3455 Matter of KATHLEEN VARANO Decision R'endered April 16, 1986 WHEREAS, the board members have personally viewed and are familiar with the premises in question, as well as the surrounding area in this Residential and Agricultural Zon~pg District; and WHEREAS, after due notice, a ~ublic hearing was held by the Board of Appeals on the Interpretation Request (al, supra, and concluded on March 13, 1986 at the Southold Town Hall, Main Road, Southold, New York; and WHEREAS,"at said hearing all those who desired to be heard were heard and their testimony r~orded; and WHEREAS, all testimony ~nd written documentation have been carefully considered; and ' ~EREAS, the board made the following findings of fact: 1. The premises in question is 16cateU in the "A-80~' Resi- dential and Agricultural Zpning District; 2. Article III, Sections 100-30 and 100-31, Bulk Schedule, of the Zoning Code, permit one-f~mily detached dwellings, not to exceed one dwelling on each lot, and does not permit sleeping or living quarter~ in an accessory structure in this zoning district; 2. Article III, Section lO0-31, Bulk Schedule, requires a minimum of 80,000 sq. ft. for a. lot, and a Variance was granted under Appeal Ho. 3330 concerning the subject premises from the lot area requirement to allow 76,300 sq. ft. for Lot #3 in this pending minor subdivision proposal. 4. Existing upon the subject premises is a single-family frame house, and the subject accessory structure which is depicted as "garage-ap't" on survey amended September 6, 1984; 5. In paragraph numbered "7" of the board's decision and findings rendered May 2, 1985 under Appeal No. 3330 of which this interpretation is made, it was noted that "...it is the understanding of the board-that the property has always been used for single-family purposes and therefore does not recognize the accessory structure as a "garage-apartment." 6. It is the positiun of this board that the since the use of the subject accessory building (depicted "garage/apartment") was questionable by the Board of Appeals during 1985 when they rendered a decision under Appeal No. 3330, the subject accessory building as an apartment or sleeping quarters use may not have bee~ legally established and continuously used as such from prior to the en.actment o~f zoni.ng in 1957 up until the time of the board's decision, and therefore requires additional relief by ~ the Board of Appeals-~r consideration by formal application, public hearing, et cetera. NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that it is hereby determined that the December 2, 1985 letter of t.he Building Inspector is correct and that the ~ May 2, 1985 Condition Rendered in the Decision under Appeal No. 3330 shall be interpreted as not allowing any sleeping or Page 3 - Appeal No. 3455 Matter of ~ATHLEEN, VARANO Decision Rendered April 16, 1986 living quarters in any accessory building, existing or proposed. Vote of the'Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Members Sawicki and Douglass were absent.) This resolution was duly adopted. lk GERARD P. GOEHR-INGER, C~FAIRMAN May 17, 1986 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of CLAIRE & ROB RICCIO (Name of Applicant) CTM Parcel #1000-98-6-1 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the (-'( ~ day of June, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this day..o~8 _ L--'~-i~otary Public) PATRICIA C. MOORE Nota~' Public, State of New York Suffolk County - No. 4861668 Commission Expires June 16,~'~,~/'r~ 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. RICCIO NEIGHBOR LIST SCTM: 1000-98-6-1 MILLER RES. TRUST 6400 INDIAN NECK ROAD PECONIC NY 11958 SCTM: 1000-86-7-2.2 SUE ODELL 3746 LAKE STREET HOUSTON TX 77098 SCTM: 1000-86-7-2.2 KATHLEEN VARANO 5 COLONIAL COURT E. NORTHPORT NY 1 ! 731 SCTM: 1000-86-7-4.3 RECEIPT 7192 6463 3110 0000 1284 FROM: Patricia C Moore Esq RE: RICCiO ZBA HEARING SEND TO: MILLER RES TRUST 6400 INDIAN NECK ROAD PECONIC NY 11958 FEES: Postage 0 43 RECEIPT 7192 6.463 3110 000o 1291 PROM: Pa(rlcia C Moore Esq RE: RICCIO ZBA HEARING SEND TO: SUE ODELL 374~ LAKE STREET HOUSTON TX 77098 FEES: Postage 0 42 ',7o_\ I ,; RECEIPT ? 192 6453 3110 o0(Jo 1307 FROM: Pa~ricia C MoOre Esq RE: RICCIO ZBA HEARING SEND TO: KATHLEEN VARANO 5 COLON[AL COURT E NORTHPORT NY 11731 FEES: Postage 042 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFF!_DAVIT CLAIRE & ROB RlCClO Regarding Posting of Sign Upon Applicant's Land Identified as 1000-98-6-1 SlGN I COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On thel~ ~ay of June, 2008,1 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, June 26, 2008. ~__E~atriCi~ ~. Moore Sworn to before me this -, ~ day of June, 2008 *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 i4. Restricted Delivery? 3. Se~ice Type T (Extra Fee) [] Yes CERTIFIED I 2. Article Number 7192 6463 3110 0000 1307 7192 6463 3110 0000 1307 '1. Article Addressed To: KATHLEEN VARANO 5 COLONIAL COURT E- NORTHPORT NY 11731 06/30/2008 11:21 FAX 631 765 4643 USPS - Track & Confirm MOORE LAW OFFICES ~ ZBA ~ 002 Page 1 ofl Track & Confirm FAQe Track & Confirm Searoh Results Label/Receipt Number: 7192 6463 3110 OOOO 1291 Status: Notice Left We attempted to deliver your item at 1:38 PM on June 9, 2008 in HOUSTON, TX 77098 and a notice was left. It can be redalivered or picked up at the Poet Office. If the item is unclaimed, it will be returned to the sender. Information, ff available, is updated every evening. Please check again later. Enter Label/Receipt Number. http://trkcnfrrn 1 .smi .usps.com/PTSlnternetWeb/InterLabellnquiry.do 6/30/2008 06/30/2008 11:21 FAX 631 765 4643 MOORE LAW OFFICES USPS - Track & Con£n'm Page I o£ 1 Track & Confirm ¥~ ~,~ /~ Search Results Label/Receipt Number: 7~92 6463 31t0 0000 `1284 Detailed Results: · Delivered, June 07, 2008, 11:42 am, PECONIC, NY 11958 · Notice Left, June OS, 2008, '1:0t pm, PECONIC, NY 11958 Enter Label/Receipt Number, I Nefificatioo Opti?ns Track & Confirm by emall Get currant event information or updates for your item sent to you or others by emaiL ~'~e-'~ '., http://trkcnfnnl .smi.usps.com/PTSlnternetWeb/InterLabelDetail.do 6/30/2008 06/30/2008 11:22 FAX 631 765 4643 USPS - Track & Confirm MOORE LAW OFFICES ~. ZBA ~ 004 Page 1 of 1 Track & Confirm Search Results LabeVReceipt Number 7192 6463 3110 O00O t307 Status: Delivered Your item was delivered at 9:31 AM on June 6, 2008 in EAST NORTHPORT, NY 11731. Track & Confirq~ FAQs Enter Label/Receipt Number. I Track & Confim) by email Get current event information or updates for your item sent to you or others by email. http://trkcnfrml .smi.usps.com/PTSIntemetWeb/lnterLabellnquiry.do 6/30/2008 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 4, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: CLAIRE & ROB RICCIO PROPERTY ADDRESS: 6212 INDIAN NECK ROAD, PECONIC SCTM: 1000-98-6-1 Dear Neighbor: I represent Claire & Rob Riccio with regard to their property located at 6212 Indian Neck Road, Peconic, New York. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for construction of a new dwelling which will be less than 75 feet from the bulkhead and a proposed swimming pool which will be in a side yard instead of code- required rear yard. The applicants are also requesting a variance under NY Town Law, Section 280-a to determine the need for base improvements and clearance within the right-of-way easement giving access to this property from Indian Neck Lane. A copy of the legal Notice is enclosed together with a portion of the site plan. 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, JUNE 26, 2008 AT 2:25 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. PCM/bp encls. C: Mr. & Mrs. Fred Weber, Rob Riccio architect via f~y yours, (~ricia C. ~o0re fax 261-1084 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: RICClO, R. & C. #6140 MAP #: 98-6-1 APPEAL: Bulkhead Setback and Yard Loc. REQUEST: Dwelling-after demo, Swim. Pool DATE: THURSDAY, JUNE 26, 2:25 PM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ~ONING BOARD OF MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 27, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, June 26, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 5th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than June 9th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 16t~: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postin,q prior to June 26, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. L o~ 9 , gL TO PLANTINGS by the SEA Inc. 5100 Cox Lane CUTCHOGUE, NEW YORK 11935-1323 Cutchogue (631) 734-6765 Phone/Fax (631) 734-5696 RO~F.,R? & CLAZI~g RZCCZO PP. C0~TC, NY 11958 Widen Driveway to 16', Open Canopy to 16'Height, New Driveway Surfacing, Topsoil and Seeding Removal of Trees and Stumps (by others, incl. labor and equipment) Grade Drive w/2~ Crown Cart and Spread 185 yds. 3/4" Stone Blend and Compact Cart 200 y~. Topsoil and spread 4' Lime, Fertilizer and Seeding (inlc. labor and equipment) 53,100.00 L~n~f/11 Feee: Landfill Fees (approx.) EST33~.'J'E 2,850.00 $55,950.00 PLEASE NOTE: This proposal has been prepared as requested. However, I feel that to mandate the destruction of 60-80 year old Oak trees of specimen quality for the sole purpose of creating a roadway where there is already a more than adequate driveway would be a contradiction to the policies of the Southold Town Tree Preservation Con~ittee. Balance on Completion _Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax {631! 765-9064 53095 Main Road P.O. Box 1179 Southold,~y 11971-0959 FACSIMILE TRANSMITTAL SHEET From: To: ,,fipC. C~ ~ Zoning BoardofAppeals COMPANY: TOTAL NO. OF PAEiES INCLUDING COVER: Re: [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice tecording) Ri=H=RENCE: NOTES/COMMENTS: /Please find attached copy/copies of the following: Thank you. Senders Initials: _OO.ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO~. Date: FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) K=r=RENCE:: x~.~' £;cc/~ 'z_.z/~ -~-Z/~/~ [] URGENT [~O1{~YOUR UPDAT[,: [] I'LEASE COMMENT []AS REQUESTED [] ........ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: Office Location: Town Annex/First Floor, No~th Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box I179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMEER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT ~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTIH) [] ......... NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: Date: FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 7654809 (press 1 at voice recording) Rcri:KENCE:: [] URGENT F~ORYOUR UPDATE [] Pi. EASE COMMENT []AS REQUESTED NOTES/COMMENTS: Please fi-nd attached copy/copies of the following: Thank you. Sender's Initials: