HomeMy WebLinkAbout6208
APPEALS BOARD
Gerard E 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 119714)959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at hbu. ~ Avenue)
Southold, N~ ' 19 ~
RECEIVED
DEC 9 2008
FINDINGS, DELIBERATIONS AND DETERMINATION ~~.~
MEETING OF DECEMBER 4, 2008 .. _. v. _ '-. .
: outnola Town clerk
ZBA # 6208 - VINCENT LAROCCA, Applicant
Property Location: 185 West Creek Avenue (and Pequash Avenue), Cutchogue CTM 103-13-22.1
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 was referred as required under
the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department
of Planning issued its reply dated September 22, 2008 stating that this application is considered a
matter for local determination as there appears to be no significant county-wide or inter-community
impact.
LWRP: This application is exempt under town Code Chapter 268-F.
PROPERTY FACTS/DESCRIPTION: The applicant's property has frontage along two streets,
resulting in two front yards and two side yards on this 1.2-acre parcel, instead of any code-defined
rear yard. The Code does not permit accessory structures in these areas without a variance.
BASIS OF APPLICATION: This request for Variances under Section 280-15 is based on the
Building Inspector's May 30, 2008 Notice of Disapproval concerning as-built accessory structures in
the front yard.
FINDINGS OF FACT
AREA VARIANCE RELIEF REQUESTED: Four variances are requested concerning four accessory
buildings/structures in locations shown by the applicant's notations added to the Peconic Surveyor's
May 2, 2000 survey:
1. 6' x 10' x 7' storage building at a minimum of five feet off the north (side) property line
and a minimum of 24 feet from the westerly front property line.
Page 2 - December 4, 2008
ZBA # 6208 - Vincent LaRocca, Applicant
CTM 103-13-22.1
2. 8' x 12' x 12' accessory landscaping shed at a minimum of 50 feet from easterly front
property line and 24 feet from north (side) lot line;
3. Hot tub above ground adjacent to the applicant's home, shown to be a minimum of 43 feet
from the easterly front property line adjacent to Pequash Avenue; and
4. Accessory gazebo 12' x 12' x 14' - at 48 feet from the side property line and 57 feet from
front property line.
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 alternative relief will not produce an undesirable change
in the character of the neighborhood or a detriment to nearby properties. The parcel contains 1.2
acres and consists mainly of yards that are front yards, as a result of having 280 linear feet of
frontage along two Town streets. All of the accessory structures are in one of the two front yards,
which makes all the building locations nonconforming. The majority of the accessory building units
are screened from both public roads, and the applicant intends to maintain the screening. The
gazebo is not presently screened. Without screening there could be undesirable affects to nearby
properties, since the building is very close visibly from the neighbor's property, but less visible from
the applicant's dwelling because of the greater distance to the small building. The storage building
must be moved father to increase setbacks from the lot lines, to prevent any undesirable view from
adjacent lands, as conditioned in the Board's Resolution below. The increase of setbacks will
relocate the 6'x10'x7' accessory building to a more desirable location, and the addition of screening
from the front yard, is the minimum variance that the Board will allow for the gazebo.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some
method, feasible for the applicant to pursue, other than an area variance. There is no legal rear
yard because the lot fronts both Pequash Avenue and West Creek Avenue, and has two side yards.
The law requires accessory structures to be located in a rear yard, and the Town Code defines this
lot without a rear yard, making it difficult if not impossible to locate any accessory structure on the
property.
3. Town Law §267-b(3)(b)(3). The amount of relief requested is substantial.
4. Town Law §267-b(3)(b)(5). The difficulty has been self-created, insofar as the four buildings were
placed without Town authorization or permits.
5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that the variances as
requested will have an adverse impact on the physical or environmental conditions in this
residential community.
6. Town Law §267-b. Grant of alternative rehef is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of locating his accessory buildings, while preserving and
protecting the character of the neighborhood and the health, safety and welfare of the community.
Page 3 - December 4, 2008
ZBA # 6208 - Vincent LaRocca, Applicant
CTM 103-13-22.1
BOARD 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 Oliva, seconded by
Member Weisman, and duly carried, to
DENY the variance as applied for regarding Building #1 the 6'x10'x7' storage building
(labeled playhouse by applicant), and to GRANT the following alternative relief concerning
Building #1:6'x10'x7 storage building, as follows:
The setback shall be increased to a minimum setback of 35 feet from the westerly
front property line instead of the requested 24 ft. setback, and shall be a minimum of
10 feet from the north (side) property line instead of the requested 5 ft. setback; to
GRANT the variances as applied for concerning Building 2: (12'x12'x14' gazebo), subject to
the following conditions:
1) There shall be evergreen-type screening maintained by the applicant at a minimum
height of approximately 5 to 6 feet, planted 4 to 6 feet apart for the length of the structure,
facing West Creek Avenue; and
2) The evergreen-type screening must be continuously maintained at all times; and to
GRANT the variances as applied for concerning Buildings 3 and 4 (96 sq. ft. shed and hot
tub).
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: Memb~~4amaa, n), Oliva~ Simon, and Weisman. Nay:
MemberDinizio. This Res°~Jl~ aw sd~~(4'l)'~/~/~_~/ J /~-~c/ / ~v
/ ~l~d P. Goehringer, Cha~rma¢/~
~/~Approved for Filing 12//~P2008
i~ ~ ~1 ~ F ' SURVEY OF PROPERTY
~ 0 ~0 ', , ~ ,, A T CUTCHOGUE
~ ,¢, ~ ~. "'.-....**~;j TOWN OF SOUTHOLD
~ .. :q~". x ~ ~. ~ ' I SUFFOLK COUNTY, N ~
Sclc: 1" = 40'
,~ ~ ,~, '~_, MayS, 1997
~, , .. / ~~ v ~ May ~ 2000 (foundation)
[REVIEWED !ly
" . SEE C,s,o~#
CERTIFIED TO'
Vincenl LoRocca
FIDELITY NATIONAL TITLE INSURANCE
COMPANY OF NEW YORK
FNT 97 11910 F
The /ocofions of wells ond cesspools
shown hereon ore from field observofions
ond or from doto obtained from olhers.
s. F 13 (~ wALSH ~
N/O~ j. ~,Ki~I~FI~ ~r
o ~.,, AREA es
ANY AL TERA TION OR ADDITION TO TNIS SURVEY IS A VIOLATION
OF' &~ECTION ?~09 OF TIE NEIF YORK STATE EDUCATION
EXCEPT AS t~ ~.CTION ~09-SU~DIVIEION ~.. ALL CER~CATIONS
tIEREON ARE VALII~ FOR ~ MAP A.M~ COPIES ~ ~ y F
~ ~ OR C~5 BEAR ~ I~S~ SEAL ~ T~ ~Y~
ADDITIONALLY TO C~Y ~TH S~ LAW ~ TE~ 'AL~
~T 8E U~O BY AMY A~ ALL ~YORS UTILIZ~G A C~Y
'BR~T-TO-DA~ ~ NOT ~ C~L~ ~TH T~ LA~.
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· OLD PASTURE ROAD
~21.3S'
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~7,~', =~. -, 3o,.E ~/ 280.0 .;,
S52o~6'50"W
N/O/F FAULKNER
P.O. BOX~
MAIN ROAD
SOUTHOLD,N.Y. It971'
NYS. LIC NO. 49668
~OR$'~ENGINEERS P.C.
CERTIFIED TO:
AMERICAN TITLE INSURANCE CO.
TITLE NO. 07-11t035
PRUDENTIAL INSURANCE COMPANY
OF AMERICA ~ AND/OR
ITS SUCCESSORS AND ASSIGNS
CHRISTOPHER W. KARB~ JR.
EILEEN F. KARB
SURVEY OF PROPERT. Y
AT
CUTCHOGUE
.TOWN OF' SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-103-13-5.2
SCALE:
JAN. 8, 1987
.3
w
~ ~ , ~' - DAN C. B~AUTIGAM
~~~/O/F.T,LWEL~ '~N
~T CUTCHO~UE
TOW~ OF SOUTHOLD
- - CE~TIFtEe to: SUFF,;LK COUNTY, N.Y.
FORM NO. 3
NOTICE OF DISAPPROVAL
TOWN OF SOUTHOLD
RECEIVED
AUG 1 8 2008
:ONINa BOARD OF APPEALS
Date: May 30, 2008
TO: Vincent LaRocca
185 West Creek Avenue
Cutchogue, NY 11935
Please take notice that your application dated May 15, 2008
For a permit for construction of"as built" accessory structures at
1 5 3008
, ~' ~ ~',RD (DF APPEA[~
Location of Property: 185 West Creek Ave., Cutchogue, NY
County Tax Map No. 1000- Section l03 Blockl3 Lot22.1
Is returned herewith and disapproved on the following grounds:
~~structures, on this conforming, 1.2 acre parcel with two
front yar s,~n ~ R40 Zone ispbt permitted pursuant to Article XXII, Section 280-15
which--~'-states: ~- ~'- J
"In the Agricultural-Conservation District & Low-Density Residential RS0...
Districts, accessory buildings ... shall be located in the required rear yard, subject to the
following requirements:"
The accessory structures are located in the front yard.
APPLICATIO
THE SOUTHOLD TOWN BOARD
APPEALS
Fee: $
Office Notes:
__ Filed By:.
For Office Use Only
Date Assigned/Assignment No.
HouseNo./~,~Street {M.,/~C'X~" CRA' /<dos- hamlet Co/c-o l ;z,£
SCTM 1000 Section/0.3 Block i~ Lot(s) ~-2 - ! Lot Size/- ~-~/ Zone
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED _~,,/~O / 0 ~ BASED ON MAP DATED .3'"'//.3~./~
applicant(s)/Owner(s): J~/'/~t ~2&--,~/~" ~ ~0~ ~
MailingAddress: fro do~ /~~o~o ~ ~ ~
Telephone: ~.~ y///~ Fax~: Email:
NOTE: In addition to the abovR, 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: for ( ) Owner, or
Agent's Address:
Telephone Fax g: Email:
Please check box to spec~y who you wish correspondence to be mailed to, from the above names:
H Applicant/Owner(s), or ~ Authorized Representative, or ~ Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED _~//.)'"/O~/ and DENIED
AN APPLICATION DATED ..~-- t/_5~' - O~> FOR: [] Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
IgePermit for As-Built Construction
13Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article..~__~ Section 280-/'.~" Subsection
Type of Appeal. An Appeal is made for:
~A Variance to the Zoning Code or Zoning Map.
[] A Variance due to lack of access required by New York Town Law-Section 280-A.
[] Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal [] has, Il(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:
REASONS FOR APPEAL (additional sheets may be used with preparer's signature):
AREA VARI/INCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER
detriment to nearby properties if granted, because: ~._
(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: x~,
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because: --ye
(5) Has the alleged difficulty been self-created? ( )Yes, or (~No.
Are there Covenants and Restrictions concerning this land: gl/No. [] Yes (please furnish copF).
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 Rff~TU~ESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be ~sult~ ney.)
Signature of Appellant or Authorized Agent
Sworn to before me this / ~ ~ (Agent must submit written Authorization from Owner)
day of~, 20 O ~ ·
Nota~ Public
~k~un
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIV~,F_,,
September 22, 2008
RECEIVED
SEP 9 2oo8
!ONING BOARD OF APPEALS ~
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Soutbold, NY 1197 l
Dear Sir:
Pursuant to the requirements of Sections A 14-14 to 23 ot' thc Suffolk County Adlninistrative Code, the
following application(s) submitted to the Suffblk County Plmming Colmnission is/are considered to be a matter
fbr local determination as there appears to be no significant couuty~wide or inter-cmmnunity impact(s). A
decision of local dctermination should not be constroed as either au approval or disapproval.
Applicant(s)
Municipal File Number(s)
Jacobs & Gates /6206 X./
Larocca /6208 ~/'/
Pezzino v~210 ~//
Terzis ~/6212
Marron ,46216 ,~'
Friemann ~6217
Geitz ¢6218
Gama Deer Park Inc. ~/6219'~ /
Franeker Investments, Inc. / 6220 -'~ /
Kaplan '/'/6221 ,~ ~/
Krlis '~ 6222Y y'
Messina ~5~ ,-/
Romanelli Realty "6224-~, /
Very truly yours,
Thomas Isles, AICP
Director of Planning
TRK:cc
S/sTheodore R. Klein
Senior Planner
LOCATION MAILING ADDRESS
H, LEE DENNISON BLDG. - 4TH FLOOR · P. O BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971~0959
hap://southoldtown.north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
December 8, 2008
Mr. Vincent LaRocca
P.O. Box 1085
Cutehogue, NY 11935
Re: File # 6208 - Application for Variances (Accessory Buildings)
Dear Mr. LaRocca:
Enclosed please find a copy of the Zoning Board of Appeals
determination rendered at its Meeting of December 4, 2008, and transmitted
to the Town Clerk for filing.
Before commencing construction activities, please be sure to follow-up
with the Building Department for the next step in the zoning review and
building permit application process, and obtain a building permit as may be
necessary for the gazebo and hot tub structures.
Thank you.
Very truly yours,
Encl.
Linda Kowalski
TOWN OF !
BUILDING
TOWN ~IA]
SOUTHOL]
TEL: (631) ~
FAX: (631) ~
SoutholdTo~
Examined
Approved
Disapproved a/¢
Expiration
sets of plane, a
b. Plot
areas, and wat~
d. Upo
shall be kept o~
e. No!
issues a Cenifi
f. Ever
issuance or ha~
property have 1
addition six m~
APPL]
Building Zone
Regulations, f(
applicant agre~
authorized ins
State whether
iOUTHOLD
}EPARTMENT
L
, NY 11971
fi5-1802
65-9502
m.NorthFork.net
,20
,20
,20
PERMIT NO.
RECEIVF o-
AUG 1 8 200B
'.ONING BOARD OF APPEALS
RaMIT APPLICATION CHECKLIST
rove or need the following, before applying?
Board of HeaRl~
4 sets of Building Plans
plannhlg Board approval
Survey
."beck
Septic Form
N.Y.S.D.E.C.
Trustees
Flood perma!
Storm-Water Assessment Form
Contact:
Building Inspector
~ ~ ~ ~ APPLICATION FOR BUILDING PERMIT
........ · Date ~/~'~ ,20.°00
- ' \ INSTRUCTIONS
application MUST be completely t'filed in by typewriter or in ink and submitted to the Building Inspector with 4
:curate plot plan to scale. Fee according to schedule.
~lan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
:ways.
work covered by this application may not be commenced before issuance of Building Permit.
x approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
~ the premises available for inspection throughout the work.
uilding shall be occupied or used in whole or inpert for any purpose what so ever until the Building Inspector
:ate Of Occupancy.
~ building permit shall expire if the work authorized has not commenced within 12 months after the date of
not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
,een enacted in the interim, the Building Inspector may authorize, in wr/ting, the extension of the permit for an
nths. Thereafter, a new permit shall be required.
CATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Drdinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
the construction of buildings, additions, or alterations or for removal or damolifi~.gums he.rein described. The
/o comply with all applicable laws, ordinances, building code, housing co~d regulatlous, and to adm,(
'~ctors on premises and in building for necessary inspections../~//~~~~
(Signature of applicant or name, if a corporation)
(Mailing address of applicant)
applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Nameofown~rofpremises ~/ro~,~"" f,,q~aar-~a___
' (As on the tax roll or latest deed)
If applicant isla corporation, signature of duly authorized officer
(Name! and title of corporate officer)
Builders Lice4se No.
Plumbers Licqnse No.
Electricians L~cense No..
Other Trade's license No.
l. Location c
House Ntt
County T~
Subdivisic
f~d on which proposed work will be done:
abex Street
Hamlet
~MapNo. lO00 Section /~'~, Block /.~ Lot
Filed Map No. ~t
2. State existing use and occupancy of premises and intended use and occupancy of proposed cunstructi~ n:
a. Existinguseandoccupancy/~i/~,'q~/~ /~
b. Intended use and occupancy .~ tr. ~ /~o ~r..A. ~.,~ o~,r~',=~'.~ ~ ~/~. ,v ,4~, x~,,/ ~ i Bt..*;
3. Nature of work (check which applicable): New Building /,/ , t Addition Alterat?n
Repair Removal Demolition Other Work
(Descrit tion)
4. Estimated Cost--~"t ~.~.. 6-trO .~,t, ,,
Fee
" (To be paid on filing this appli :ation)
5, If dwelling, number of dwelling units Number of dwelling units on each floor
If garage, number of cars
.6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front Rear Depth
Height Number of Stories .f~,~
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stodes
8. Dimensions of entire new cunstmction: Front. Rear Depth
Height Number of Stories oc~.
9. Size oflot: Front ~,~,~" Rear ~.t~~'~ Depth 2
10. DateofP chase /f '7 U eofFo erOw er
11. Zone or usc district in which premises arc situated ~ ~'.5 .
12. Docs proposed construction violate any zoning law, ordinance or regulation? YES ~NO__
13. Will lot be re-graded? YES NO ~//Will excess fill be removed from premises? YES NO__
14. Names of Owner of premises Address Phone No.
Name of Architect Address Phone No
Name of ContraStor Address Phone No.
15 a. Is this property within 100 feet of a tidal WeQand or a freshwater wetland? *YES NO ~
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES NO__
~ IF YES, D.E.C. PERMITS MAy BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 fe~t or below, must provide topographical data on surve
18. Are there any covemmts and restrictions with respect to this proI~a'ty? * YES __ NO
* IF YES, PROVIDE A COPY.
sT^ OF h' w ¥om )
coum s:
[//~J(./~ /-- g t~ O c ¢ ~ being duly sworn, deposes and says that (s)he is the appl ant
[Name of individual signing contract) above named,
(S)He is the
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file ~ his spplicalion;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work ~ill be
performed in the manner set forth in the application filed therewith. ~ ./~ .~.~. ' -~
Sworn to before mc this ~ .2, '.0.~_.~.~, .~..~ a~,~x,~ ' ~''
':' ~'--.~a-L~ /~" ~ '"~ Silmature of Applicant
'~! ~:.".t, "..i . i ..
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: ~,A~C-..~"J~i"'"'--'2t~oc-C-.~._..-
I, For Demolition of Existing Building Areas
Please describe areas being removed:
Date Prepared: aO///d2 o0
AUG 1
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: .A///.~/
Dimensions of new second floor: /.//A~
Dimensions of floor above second level: A//94
Height (from finished ground to top of ridge): ~-*-- ~4- ~',~-c_~ ~: 1~
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: _q',e.~.- ,~/'r-..-4-~ ~' o
ZONING BOARD OF APPd~L: i
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: ~ ~ ~ ~'~")CC J
Proposed increase of building covergge: ~5>
Square footage of your lot: O~'~.!/2 E;Y
Percentage of coverage of your lot 15y building area: t~. ~'jo
V. Purpose of New Construction: .~'~__,~ ~7'-./4-~1 E D
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR Fll ING WITH YOUR Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
[] Yes ~'.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? t/~O
2) Are these areas shown on the map submitted with this application?
3) Is the property bulkheaded between the wetlands area and the upland building area?
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? Please confirm status of your
inquiry or application with the Trustees:
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?
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting?y£X.t°/.,77o (Please show area of these
structures on a diagram if any exist. Or state "none"~n ihe above line, if applicable.)
F. Do you have any construction taking place at this time concerning your premises?
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? ///,/C> If yes, please label
the proximity of your lands on your map with this application.
H. Please list present use or operations conducted at thisparcel ~--~,,~ 57'7,z,'q;
and proposed use -~",,,~,,~*$' 6.5'~-.~- ,~'4'r'2"Af. zA~O
(ex3~mples: existing: single-family; proposed: same with garage or pool, or other description.)
Authorized Signature and Date
2/05; 1/07
TRANSACTIONAL DISCLOSURE FORM
APPLICABL~I~O OWNER, CONTRACT VENDEE AI~GENT:
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 c
possible conflicts of interest and allow it to t,k,~ ,,,h .... an al theti:I~._T~wn of
........ arever acuon ~s necessary to avbid~ll~
(Last name, first name ---;-~-~ :-: .....
other enti~ such asa c;~;~7~ '~td;i'inU~/ceaS; ~eu &~'~PPelrsY~g m thc~~se
NATURE OF ~,Ur'PLICATiON: (Check ali that apply,)
Variance
Special Exception
*Other
Approval or Exemption ~
f~om plat or official map
Change of Zone
Tax Gdevance
If Other name the activity:
Do you personally (or tl~ough your company, spouse, sibling, parent, or ch/Id) have a
relationship with any officer or employee of the To~ of Southold? "Relationshi "incl
blood mama e or business interest. "Busings interest' ~ctauollsnl_ includes b
~ means a business includin~
~'hich the ~3~ officer or em~ has e~en ~art~al o~~
~~ation in which ~wn ofricer or em- lovee owns no
aha~ . ~7 _ ~~~mre than 5% o~he
~S~ ~ NO
If you ans~,ered "YE,5'", complete the balance ¢~'this form a~td date a¢td sign ~i,here indicated
Name of person employed by the Town of Sood~old:
Title or position uf that person: ........
Desc~sbe that ~elationsbip bet~veen yourself (the applicant, agent or conh'act vendee) and the
Town officei 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 hcr, spouse, sibling, parent, or child is (check ail that
apply):
A) ll~e owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
~ B) the Iegal or beneficial owner of any interest in a non-corporate entity
(when the applicant is aot a corporation);
C ·
~ ) an officer, dn'ector, partner, or employee of the applicant; or
D) the actual applicant.
DESCIHPTION OF RELATIONSItip
ubm~tted th.,i~f~/,.,q. ,.,.~r~. --
Sign a t ur e :~__~_~..~.,,~.
Print Name:~.c- ¢..~-/--'- ~
Appeal Application for LaRoc
/ AUG 1
Bac round:
The subj~ p~cei is located ~ the Fl~s N~k n~burhood in Cutcho~e. At
a~es, the p~cel is one of the l~est lots in the n~borhood The yacht lot was
purcha~d by applic~t ~ 1~7. The hou~ was b~t in 20~1, but ~ ~ 18* cenm~
S~thox s~le at just 1,~00 squ~e f~ ~th no
This parcel was a long abandoned garden nursery which required the removal of
cement "bunkers", broken down trellises, dead and diseased plants and trees and
significant and damaging overgrowth. A substantial investment of time and money has
been made in new plantings to create a landscape that is both private and a compliment to
the community. The landscape architecture to achieve this has been based in large part on
the location of both the house and the accessory structures.
The entire north west (Scheublein) property line, north east (Pequash Ave.)
property line, and south east (Gadomski/Piccolo and Walsh/O'Keefe) property lines are
screened fi.om neighbors and roads. The parcel is also screened along the West Creek Ave
property line for approximately 100' fi.om the Walsh/O'Keefe/West Creek Ave. apex and
25' fi.om to Scheublein/West Creek Ave. apex. All material screening noted herein were in
place prior to applicants learning of potential area variance violations. The exception being
a 16' privet hedge planted this year by applicant upon a neighbor's abandonment ora
fence directly behind the applicants "playhouse". The fence was initially erected by the
previous owner of the Scheublein lot (prior to the applicants purchase of the "playhouse")
to create a privacy barrier between the lots (it had been a "shared" circular driveway prior
to our respective lot purchases).
As the subject parcel abuts both Pequash Ave. and West Creek Ave., according to
Town Code it has two front yards and no rear yard. Although unaware of the unique
legal implications of this until the last year, the applicant has taken great care to preserve
the character of the community and to respect the privacy of neighbors when each of the 4
detached "structures" were purchased. In addition to ex~ensive screening as noted above,
careful consideration was given to the height of structures selected, their siting far apart
fi.om one another as is consistent with the other houses in Fleets Neck with multiple
accessory structures, and to utilize existing vegetative and fencing barriers to preserve the
privacy of neighbors.
Specifically, variances as required by town code are sought for:
· A Hot Tub purchased in 2001 and located on the "rear" patio. A screen has been
created between the hot tub and Pequash Ave by existing trees and significant new
plantings (see attached photo). It is also screened fi.om the neighbors on both sides.
Setback 43' from Pequash Ave. and 125' from Scheublein, property lines.
· A 8'X12'X12' gambrel styled shed was purchased in 2001 and is located in the north
Appeal Application for LaRocca
west corner of the property. The shed is used to store gardening equipment. A screen
has been created between the shed and both Pequash Ave. (see attached photo) and
West Creek Ave. ut'dizing existing trees and shrubs and significant new plantings.
Across the property line from the shed is the Scheublein 17' shed. Setback 50' from
West Creek Ave. and 24' from Scheublein, property lines.
A 6'X12'XT' "Playhouse" was purchased in 2002 and is located at the end of the
driveway. Its most important use is for the secure storage of garbage cans and the
various required recycling bins. A playhouse rather than a shed was purchased to
insure that BOTH its footprint (60 square feet) and height (5' door height) would not
adversely affect my neighbors or the community. Utilizing existing trees and shrubs
and additional plantings, it is screened both from the adjacent neighbor and West
Creek Ave. (see attached photo). Setback 24' from West Creek Ave. and 5' from
Scheublein, property lines
A 12'X12'X14' Gazebo was purchased in 2006 and located in the south eastern
portion on the property directly under a canopy of oak trees. With substantial
additional plantings, it is screened from West Creek Ave. (see attached photo) and
Pequash Ave. It is also screened from both adjacent neighbors. Setback 57' from
West Creek Ave. and 48' from Walsh/O'Keefe, property lines.
Reasons for Area Variances Appeal include:
1. An undesirable change will not be produced in the CHARACTER of the Neighborhood
or a detriment to nearby properties, if granted, because:
a) The street scape would be maintained.
b) The locations preserve the privacy of the applicant and his neighbors.
c) They are used for storage or quiet enjoyment and create no infringement on neighbors
2. The benefit sought by the applicant CANNOT be achieved by some method
feasible for the applicant to pursue, other than area variances, because there is
no legal "rear yard", the house footprint is only 33' wide, and the end of the "rear" patio is
located just 43' from the Pequash Ave. property line with significant specimen tree
plantings between the patio and the road.
3. The amount of relief requested is not substantial because:
a) The structures are located in areas where they are hidden from view by
neighbors and/or passers-by.
b) Proposed increase in lot coverage is less than 1%. Total proposed lot coverage is less
than 5% in a zone in which 20% coverage is permissible.
c) Setbacks meet, and mostly exceed, that of nearby accessory structures.
4. The variances will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or dist~sons enumerated
above.
Vincent LaRocca 8/11/08
I~ov-11-05 Ol:~2am From-
November 10, 2008
To: Zoning Board of Appeals
Fr: Vincent LaRocca (734.1114)
1~: Appeal #6208
T-945 P.00Z F-ZSg
Th~nk you for this oppommity to respond to some concerns voiced during the hearing,
and to ;hare new information I have learned from the Town's Code Enforcement Officer.
I will not wastc your valuable time addressing every statement Mr. Scheublein made such
as the risk I might convert my Gazebo into a 'Trait stand." His behavior has been self
evidently vengeful, insincere, and with a disrespect for the facts.
I trust in your ability to dis~em issues of community concern from those ofbivkering
neighbom. However, if you have any questions at all arising from Mr. Scheublein's
submission or other,,vise, I would be glad to answer them in full detail and with complete
supporting documentation.
I have already provided an extensive history of why the ~Playhousc" is much closer to a
property line than any of my other structures. However, I'll clar~y/add the following:
*In 2002 the "Playhouse" was located, by casual agreement with thc previous owner of
thc Scbeublein property, a~ they erected a fence behind where the "Playhouse" is sited.
This was approximctly 3 years before Mr. Scheublein chose to buy his property, and
6 years before he ckose to construct a new f'mished driveway that was wide,~ed to
end right along the property line and my preeai~dae "Playhouse."
*Mr. Scheublein then actually complained to you that I substa~!i~lly enhanced the
screening bet~veen our properties and the "Playhouse" by addin~ a full sereenlno hedge.
This Prive~ hedge is on ray property and it is in full compliance with Town Code. To mow
it further from the propeiry line would require the removal of pre-existing old irregation
piping, breaking through my driveway, c~gin$ me an unnecessary hardship, and
accomplish nothing positive. I have continually pruned this hedge and will continue to
do so. And I will be more vigilant to ensure that no braches find their way into Mr.
Scheublein's air space. I'm glad to have you codify this into the variance.
*Mr. Scheubl¢in also complained to you about the danger of my garbage and recyclables
stored inside a locked, $1,400, customized, 60 square foot strecturc, set behind a :lO'long
Yew hedge along West Creek Ave and an additional 30' of Yew and Privet screening
pinning along his property line (see previously subadtted photos 9 & 10).
I havc bricfly met with the Tovm's Code l~,n¢orcement Officer to determine how I could
store my garbage i~I did not keep it inside the locked "Playhouse." I've learned that _/
Nov-Il-OB
Ol:2Bam From-
would be in
NOV
%946 P.O03
F-ZB6
What I cannot securely store in my front driveway that is there now, without relief from
the ZBA, are my bicycles (OK, and some boat cushions too).
Oddly denied by ~. Scheublein was that at the ZBA hesr/ng last October for his own
variance, 6 ueighbo~ all within about 400' of my property, entered their support
(verbally or by submitted letter) in favor of his request to btt~d 2 structures, of more
intense intended use (restoration ofca~ stored double decker on lii~, with new curb ors)
in one front yard and 4' c, lo~er to a rom than is the structure storir~ mv~arhage ~ans and
bicycles,
Please don't let one vindictive individual create a loss for me, other neighbors and
passersby while increasing, not decreasing, the chance of attracting rodeats and
rascally raccoons.
I respect that the possible implications of an "Aa Built" application should not prevent thc
ZBA from doing the right thing. However, I hope you'll understand ~_b~g I cannot justify
fla'ther costs to store 4 bicyel~ (yes, and thc boat cushions). Therefore, although I
appreciate your desire to help find the right solution by keeping all options open, I
muSt respectfully withdraw my agreement to accept an unknown alternative
location. I have always tried to be respectful of your time, and apologize if this has
caused any of yon wasted effort.
From the design of our home to the a~cesso~ structure~ and landscape desig~ we have
tried to be good neighbors, Ok, I guess no gold star. But please consider in yom'
deliberation that the total of all the s~-uctures at issue here is about the size of one
small ear garage. Including the house, the total is under 2,000 square feet ou a 1.27
acre IOL
Thank you all for your time and patience with me.
Sincerely,
~rmceflt LaRoeca
October, 2008
To: Town of Southold Zoning Board of Appeals
Re: Vincent LaRocca Variance # 6208
Ladies, Gentlemen:
I reside directly across the street fi.om the LaRocca residence.
Mr. LaRocca's Gazebo and other structures, along with the substantial
landscaping he has incorporated around them, have resulted in a yard that I
consider to be a complement to our community.
I, therefore, support his variance application.
Sincerely,
Richard Bren
430 West Creek Ave.
Cutchogue, N.Y. 11935
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
August 19, 2008
Zoning Appeal No. 6208
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
RECEIVED
AUG 2 1 2008
-~ONING~ BOARD OF APPEALS
Transmitted herewith is Zoning Appeals No. 6208 Vincent Larocca- the Application to the
Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description,
Questionnaire, Transactional Disclosure Form, 2 Page Letter from Mr. LaRocca Indicating
reason for Change in Zoning, Copy of Building Department Application with Disapproval Dated
5/30/08, Original Notice of Disapproval from Building Department Dated May 30, 2008, 3
Copies of Survey (1 Showing Property as it is, 1 Showing Foundation & 1 Showing Property
with only finished 2 Story Building), 9 Photos of Property & Structures, 2 Pages of Property
Record Card,
ZBA TO TOWN CLERK TRANSMITTAL S
(Filing of Application and Check for Processing)
RECEIVE~
AUG ~ I 2008
~EET
ZONING BOARD OF APPEALS
DATE: 8-18-08
ZBA # NAME OF APPLICANT CHECK # AMOUNT T~,E.~,T.&MP
#6208 LAROCCA, VINCENT #1634 $600.00 AU6 "l 9 2008
~u,,~hoici ¥own Clerk
TOTAL $600.00
Sent via Inter-Office to Town Clerk by:
Thank you.
PMK
Date: 08/19/08
Town Of Southold
P,O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
RECEIVE
AUG ~ ! 2008
)NING ~OARD OF APPEALS
ReceiptS: 27785
Transaction(s):
1 1
Application Fees
Reference Subtotal
62O8 $600.00
Check#: 1634
Total Paid: $600.00
Name:
Clerk ID:
Larocca, Vincent
185 West Creek Ave.
P O Box 1085
Mattituck, NY 11952
CAROLH
Internal ID: 6208
APPEALS BOARD MEMBER~I~
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 1197 !-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 SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, OCTOBER 30, 2008
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter
280 (Zoning), 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~ OCTOBER 30~ 2008:
10:10 A.M. VINCENT LAROCCA #6208. Request for Variances under Section 280-15, based on
the Building Inspector's May 30, 2008 Notice of Disapproval concerning as-built accessory
structures in the front yard, rather than a code-defined rear yard, at 185 West Creek Avenue,
Cutchogue; CTM 103-13-22.1.
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 emaih Linda. Kowalski@Town. Southold.ny.us.
Dated: October 3, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
STATE OF NEW YOR /~
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
16th day °' Oct°ber' 2008' ~..~ /~_
Principal Clerk
Sworn to before me this
NOTARY pUBLIC-STATE OF NEW YORK
No. 01-vo6T05050
Q~ !~, ~t ffolk County
LEGAL NOTICE
SOUTHOLD TOWN ZONING
BOA~A) OF APPEALS
THURSDAY, OCTOBER 30, 2008
pUBLIC HEARINGS
NO~C~.. IS~ HEREBY GIVEN, Fur-
~ tO~i1267 of theTown Law and
qFowii'C.~ ~h apter 280 (Zoning).Town
of Southold. the fogowmg public hear-
~.~&[s ~Wi~,-]~¢I~ by the SOUTHOLD
BOARD OF AP-
Halt, 53095 Math
179, Southol0, New
VarianeCunder Section 280-15,based on
~ia~-B~ildlq. g Inspector's June 23. 2008
9lotice of Disapproval concermng a pro-
lloaed~ accessory garage in a front yard,
mttmrothan, the rear yar0, at 1150 Van-
~R0agk~utehogue; CTIvl 1114-6.
~.a0 &~ ;~OSTAS TERZ]S # S2~2.
.l~ll~Varjances under Sections
~,:and 7280-124, based on an ap-
;~i~ fol;a bull,al, lng'permit and the
,~'ltd~ngi:lnapectors October 8, 2008
~xd~c~Not~e of Disapproval con-
~rnigg as.built construction wbicli ex
ceeds th~ cod~ limitation of 2-1 2 stories
in height and' lot coverage limitation of
20 percexxrage of the buildable area of
the lot. and which is set back at less than
the code required rmmmum of 35 feet
in the ~ear yard. Location of Property:
765 Dogwood Lane, Southold; CTM 54-
9140 A.M/THOMAS and MARY
Variance~ trader Sections 280-116B and
280-124. I~ased on an application fo~ a
building permit with amended plans to
allow new construction i~stead of addi-
tions and alterations to the dwelling as
applied and granted on iFI0/08 under
10:00 A.M. HELEN and PETER
LOUCA ~6213. Request for Variances
under S~ctions 280-122A and 280-
124. based on the Building Inspector's
amended August 8. 2008 Notice of Dis-
approva~ concernmg addihons ann al-
terauons to the existing dwelling, which
mg setbacks w~th regard to a single side
yard al less than 10 feet and total side
yard setbacks at less than 25 feet on this
10,454 square foot parcel. Locauon of
Property: 475 Miriam Road. Mattituck;
CTM 99-1-32.
10:10 A.M. VINCENT Ia~ROCCA
Section 280-15. based on the Building
Inspector's May 30. 2008-Notice of Dis-
approval coneernmg as-built accessory
structures in the front yard ra~her than
a code-defined rear yard, at 185 West
Creek Avenue. ~utchogue: CTM 103-
10~.25A.M. JOAN E. SHANNON
~6214. Request fei Variances under Sec-
tions 280-122A and 280-124 based on the
Building Inspector's August 1. 2008 No-
tice of Disapproval noting a proposed
demolition, renovauons and additions.
with an increase th the degree of non-
conforming concerning a side yard set-
back at less than 15 feet and total side
yards at less than 35 feet, at 7080 Great
Peconic ]3a) Boulevard and adlacent to
Great Pecomc Bay, Laurel; CTM 126-
10'35 A.M. PATRICIA and ROB-
ERT FRIEMANN g6217. Request for a
Variance under Section 280-116B based
on an amended applicauon for a build
mg permit and the Building Inspector's
August 26. 2008 Notice of Disapproval
[o an ex~snng single-family dwelling at
less man 75 feet from the bulkhead ad-
iacent to Little Creek. arid for which a
stop wo{k order was issued because of
a change in the scope of the work and
change s~nce appiicauon submitted un-
properties involved in this unmerger re
quest are shown on the Map of Eastern
Shores as: (1) CTM 33-2-27, vacant land,
w~th a nonconforming area of 21,289
square feet. and (2) CTM 33-2 28 wire
a house, of a nonconforming area et
20.602 square feet for CTM 33-2-28. Lo-
cation: 1225 and 1135 Green Hill Lane,
Greenport.
1:00 p.M. STEV]~ and OLGA TENE-
DIeS ~6198. Request 1or Variances un-
der Sections 280-124, based on the Build-
ing Inspector's June 30. 2008 amended
Notice of Disapproval concerning a
proposed new dwelhng, after removat
of the ex,sting building(s) for placement
on a newlocation with pilings or other
foundation after house is elevated, and a
prOl~Sed enlargement to connect the re-
located house to the emst~ng garage. The
property has zero bdildable land being
on the sea side of the Coastal Eroston
Hazard Line. The Building Inspector's
reasons for disapproving the building
permit application are that the proposed
construction will be: Il less than 40 feet
on a front yard: 12! less than 15 feet for a
single side yard setback. 3/less than 35
feet total side yard setbacks, and '3/lot
overage exceeds the code limitation of
20% 1100% lot coverage for zero build-
able land area Location of Property:
1625 North Sea Drive. Southold; CTM
1000-54-4-18 tadlacem to aunes and
Long Island Sound ~.
· 1:30 P.M. {Continued Hearing~: 2000
BROADWATERS LLC g6186. Requesl
for a Variance under Section 280-124
based on the Budthng Inspector's May
12. 2008 Notice di Disapproval con
cermng a proposed new dwelhng with
a setback at less than the code requirec
35 ieet from the from lot line after d~-
molishmg fhe ex,sting building), at 200l
Broadwaters Road Cutchogue; CTM
104-9~2.
The Board of Appeals will hear ail
persons, or their representauves deslr-
lng to be geard at each heanng, and/or
destrmg to submit written statements
ZBA g6110. The Building Inspector's der ZBA g6139. Location of Property: before the conclusion of each hear-
August 20, 2008 Notice Of Disapproval 2935 Pine Tree Road, Cutchogue; C'Tlvl hag. ~Each heanng will riel start :arher
~s~ruclion is proposed. ZBA PI~ZZ1NO ~6210 Request for a Var]- nours and prior to the nay oI me near-
¢[ 61~6~was a request for~'a~difions and a~lce hnder Section 280-124, b~sed on lng. If you have questions, please do not
~ionsh anexstin dv~llin atless the Bu ding l~spector's revised Otto- hesitate to conthct our office at (631)
than the 15 feet On tint.side, and~ZBA bet 6, 2008 No0ce'of .Dl~apl~Oval con- 765-1809, o.r by, emad. Lmda.Kowalsk~ta'
g5797 was a requ8st for~aO~tipns ~,tless cerning a proposed new dwelling aMess, Towfl.Soumom.ny. us.
7~.feehto~ho'ex still~:~l~ad and than 25 feet total ~ide ~ards (and after D~ted:October 9,2008.
~ ~ ! , .~ ~;.$.;., r .... . '~* an exisfi~- dwelim~ at ' ZONING BOARD OF APPEALS
Avenue, Soulhold~ C~70.4.10. 31:20 Gr R , CHAIRMAN
9:50 ~ M./UDGE and E. CO~ CTiMI10-8-7; KI
~1;~0 A.M. ESTATE OF SUSAN BY LINDA KOWALS
TELL~ ~6~09. l~equ~or a~'anee A~ ~,~ ~**a vt ..... ted is a L~A C~5~M~ai/0 ~ad (Office ~ocation)
ufider Section 280-18.,based on the '~Va~i~r~nderS"~;'cfi~2't'8~'-ll ounmerge ~.5~.9~a' * ~n~oad(Mailing/USPS)
rice el ' royal concerning a new ' two properties based on the Building ln-
g l~;,~posed for use as an o - approval, citing Section 2804 0. Th~ two 9041-1T 10/16
fie~3~i~ th~Jl 'attic space, at 13007 Ore-
' goa,Roa_'d ,, f )at eh 0g u e: CTM 83-2-1L14.
~-- ~ ~,~TnWM @ --~
/o o o- /~ X-/3-J~-'-"" OF SOUTHOLD PROI~ll-TY RECORD CARD
OWNER STREET / ~/'S VILLAGE DIST. SUB.
,~ I~(J doBn A, CI~ ~ W ~PE OF BUILDING
RES 2 ~ S~S. VL ~ FARM COMM. CB. MISC. Mkt. Value
~ND IMP. TOTAL DATE REMARKS ~/~ 7/Zy/~Y.~o~, f~bfi~& ~,~
N~ NORMAL BELOW ABOVE
FA~ Acre Value Per Value
i Ac re
,
Tillable 3
Brushland FRONTAGE ON ROAD ~l Z ~ ~~ ~lg(m
BULKH~D
Total [~ ~1 D~K
103-13-22.1 02/02
Fire Place
BreezewOy
Garage
O. B.
way
OP
Both
Porch
Porch
Floors
Interior Finish
Heat
Roof Type
Rooms 1st Floor
LP. ooms 2nd Floor
I_Dormer
r/
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
(Nat:ne of,~plicFmt~) '
CTM Parcel # 1000-
AFFIDAVIT
OF
MAJLINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
C- o'Fc 4 of ~' g: ', New York, being duly sworn, depose and say that:
On ~he //;r/(--Oday of Oc 7-a~c.<_ ,~/_,m ? , I personally ma/led at the United States
Post Office in d:: ~a'F'c_.& o ? o3- . New York, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true cop~of the attached Legal Notice in prepaid envelopes addressed to
current o,~wn~rs shown on the current assessment roll verified from the official records on file
with the (~}'Assessors, or ( ) County Real Property Office
· for every
property which abuts and is across a public or priv~:,e street, or vehicular right-of-way of record,
surrotmding the applicant's property,
(Signatnre)
Sworn to before me_ ~his
/z/;,'a day of 200
(Notary Public)
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
Z~ File Edit View Toolbar Window Help I
103~ '""-- 473889 Soulhold Aclive R?S:I
RollYear: ~009 Next Yf I Family
Digne¥. Charle~
350 ~ Creek A~ Land Size: 1_50 acres
P~ce1103.-13-21 Owner ~ Ta~ Bi[Mai~ngAddres~
- ~ Assessmen[
I
,.;~ E~empt(s~I
~ Sp~ Db~I
_ Desci¢on
I
School: Mattituck School
LandAV: 2.000
Total AV: S.600
t 3rd Party Address ]Bank I
Ready
~;~l~ Start j
Ownedsl
Images
Gis
Site {1} Res
Last Name / Company__~. ..... First Name: MI: .Jr., SI., etc:
Attention To / In Care Of: Additional Address
SI:met No: Pretix DiE Street / Rural Route: St Suffix: Post Dir: UnitNarne: Unit No:
350 IW ~ICfeek
PoBoxNo: Ci~/~own:
Cutchogue
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10-10-08 9: 22:[
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r'- I CUTCHOGLmE NY 11935
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]103_-13-15 473889 Soulhold Aclive R/$:1 Sche~; Mattituck School
Welsh. David 6 RollYear: ;2009 Next Yr I Famil~ Re~ L~dAV: 700
525 W Creek Ave Land Size: 0.~ acres T o~al AV: 5.200
- ~ Parcel103.*13-15 O,ne, I TaxBilIMailingAddress ~ 3,dPart~Add,e~ ~8ank 1
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[ ~ Spec Dist
Description
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Site I1) Re.r;
Judy O'keefe
Last Name / Company:
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1023 Cutchogue
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~ 1119:35-
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I CUTCNOGUE NY 11935
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Scheublein. Kenneth G RollYear i2009 Next Y[
105 IA/Creek Ave Land Sba: 1.27 acre~
- ~_J Parcel 102.-13-28. Owner I Tax Bill Mailing Address
Active R~:l School: MattituckSchool
1 Family Res LandAV: 1.500
Total AV; 6.300
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Scheublein [Kenneth ~" J
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I103_-13-23 473889 Southold Active R/Sd School: Mattituck School
Piccolo. Agnes E RotlYear ~2009 Next Y~ 1 Famil~ Re= L~dAV: 700
2900 Pequash Ave La~ Si=e: 0. 33 a=e= To~ AV: 4.300
- :u Parcel103.-13-23
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2~ G Cutchogue
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j1-~.~2-11 47388P, SoUth-old Aclive R/S1 School'. HattRuck School
Hamed. $1even I RollYeac 12009 Next Yr I Family Res
2975 Pequa=h Ave Land Size: O. 55 acres
- ..~ Parcel103.-12-11' Owner 1
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Sale01/27/O~
Diane Hamed
Last Name / Company:
Harned
A~ention To / In Care Of:
I IStreet No: Prefix Dir: Street / Rural Route
2975 I zjIPequaah
Po Box No: City/Town
Cutchogue
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LandAV: 1.000
T dtaiAV: 6.300
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First Name: MI: Jr.. S[.. eto:
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J~ 03.~12-12
473889 Southold Active R/S:1 School: Mattituck School
Chituk. Eugene F
2855 Pequash Ave
Parcel 103.-12-12-
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RettYear: [~ Nest Yr 1 Family Res LandAV 1,000
Land$ize: O.5§ acres TotalAV 5.400
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Dorothy Chituk
Owner Type: Additional Desig Status:
L.?t Name~ompaey First Name: MI ,Jr.. Sr e~c:
Chituk [Eugene -- r~* ~
Attention lo $ In Cate Of: Additional Address:
Btleet No: Prefix Bit: Street / Rural Roule
2855 i ~ JlPequash ~~~
Po Box No: Cis,/Town: State: Zip Code:
E:utchogue ~ I11935-
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103_-12-13 473889 Southold Active R/S:1 School: Mattituck School
Beebe, Theodore 0 RellYea~: ~ Nexl:Yr 1 Family Res La~AV: 1,000
2735 Pequ~h A~e Land Size 0.~ ~[e~ Tot~ AV: 7,200
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JTheodore ~0- ~'-
,Additional Address:
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~03 -13-3 - 4738DJ Sp~old Aclive R/S:J $chod: 14a61uck School
Bran. Richard RCYear: 2009 Next'Ir 1 F,,:'~ily Fle=l~/b'f! LandAV: 1.200
430 ~/Deek Ave Land S ze: 0_75 aCre~ TotatAV:
= ,_~ Parcd103*13*3 ' Owner ITaxBilll,4ailii,~jAddrass 3i'dPartyAddre:~.s
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No: z:'retix Dir: Street / Rural Route:
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State: ZiD Code:
~ I10021-
10-10-08 9:22:;
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
(Name of Applicants)
AFFIDAVIT
OF SIGN
POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000-
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
cc a...- residing at
~ ~,7'-e q o ~' o Z , New York, being duly sworn, de se and sa that' "
/ po y .
On the 9_)__ day of d3c7',~,5 ~ ,~oz~, I personally placed theTown's official
Poster, with the date of hearing and nature of my application noted thereon, securely upon my
property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -
facing the street or facing each street or right-of-way entrance;* and that
I hereby comfinn that the Poster has remained m place for seven da~vs prior to th'at date of
the subject bearing date, which bearing date was shown to be f:~ c....2-~'z~/~....¢ o.~ ~ ~ oc~.
(Signature)
Sworn to before me this
day of ~)C~' ,200 oc/
(Notary Public)
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
OCT 2 ::, ~Ou~
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpleca,
or on the front if space permits.
1. Article Addmssed to:
2. A~ffele Number
~v-~ ,~om ~-,~c~/~:,~/) ~[~ 7006
[] A~ent
[] Addressee
y ( Printed Name)
D. Is delivery address different frcm item 17 ] Yes
If YES, enter delivery address below: [] No
3. ice Type
~e~Vc~r~iffed Mail [] Express Mail
[] Registered [] Return Receipt for Merchandise
[] Insured Mall [] C.O.D.
4. Restricted Delivery? (Exffa Fee) [] Yes
2150 0004 2219 7358
PS Form 3811, February 2004
Dorne~lc Return Receipt
102595-02-M-1540
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
"Peobua A enoe
B. Received by (printed Name)
[] Agent
[] Addressee
Date of Delivery
D, Is delivery address different from item 1 ? [] Yes
If YES, enter delivery address below: [] No
3. S__e~.~ce Type
2, Article Number
(Transfer from service label)
PS Form 3811, February 2004
7006 2150 0004 2219 7334 ~.
Domestic Retum Receipt 1C.2595-O2-M-1540
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pdnt your name and address on the reveme
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the floct if space permits.
[] Addressee
B. Received by ( Pr~nfed Name)
Is delivery eddmss different from ~ 17 [] Yes
if YES, enter delivery address below: [] No
ice Type
~"C~r~ified Mail [] Express Mall
[] Registered [] Retum R~Caipt for Merchandise
[] Insured Mail [] C.O.D.
Restricted Deliver'j? (Ext/a Fee) [] Yes
7006 2150 0004 2219 7372
PS Form 3811, February 2004
Domestic Return Receipt
102595-02-M-1540
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
2. Article Number
PS Form 3811, February 2004
Printed Name)
, address differem from item 17 lYes
ff YES, enter delivery address below: [~ No
3.
:serv~eServ' eType
d~ertified Mail [] Express Mail
r-I Registered [] Retum Reselpt for Merchandise
[] Insared Malt [] C,O.D,
4, Restricted Daiivel'/? (Extra Fee) [] yes
7006 2150 0004 2219 7341
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. A~ticle Addressed to:
o. o,x.
[] Agent
B. ReceIvedl: 'PrlntedName)
addmssdiffereflt fmrn item 17 [] Yes
If YES, enter delivery address below: ~(.No
~er~¢Se 'ce Type
I~Certifled Mall [] Express Mail
[] Regletered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra F~e) [] Yes
2. ArtlcleNumber 7006 2150 0004 2219 7365
i PS Form 3811, February 2004 Domestic Return Receipt
102595-02-M-1540
· ~omp. l.e. te iteres ~, 2, and 3. Also complete
em 4 i~ Restricted Delivery Is desired
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits,
1. Ar~icleAddressed to:
E%cnc
85% "-I)e%u qsh A'lenuc
C-u Jrc-ho oe,
2. Article Number
(Trsnsfer from serv/ce/abe/)
PS Form 3811, February 2004
Addressee
by ( Pdn~ed Name) C. Date of Delivery
D. Is delivery address different from Jt~rn 17 r-i Yes
Jf YES, enter delivery address below: [] No
Se Type
3. ~r~ed Mall 0 Expmes Mail
F'I Registered [] Retum Receipt for Merchandise
i-I lesursd Mail [] C.O.D.
4. Restricted DelJvet~? irEx/ra Fee) [] Yes
7006 2150 0004 2219 73,27
· Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permtts.
590 Ave.
PS Fo~ 3811, Febm~ 2~
[] Agent
X [] Addressee
D. Isdelivery 3 item 17 [] Yes
~f YES, enter delivery address below: [] No
3. Selve Type
[] Regieterdd
[] Insured Mail
[] Express Mail
[] Return Receipt for Merchandise
[] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
7006 2150 0004 2219 7396
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
NW. -T hco&o re. %ec e,
Isdelivewaddressdiffemnt from item 17 '[] Yes
If YES, enter delivery address below: I~No
3. S ice Type
~rtltied Mail [] Express Mall
[] Registered [] Return Receipt for Merchandise
[] insured Mail [] C,O,D.
4. Restricted Delive~j? (Extra Fee) [] Yes
2. Article Number ~
Crran~r~r~'~,~c~?a~O 7006 2150 0004 2219 7310 ~)J ~
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
statement. You're not as concerned for the safety
issue on Pequash as other people are, Fleet's Neck
Association, for example. What you're concern is,
you would like to have his structure, his garage,
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at least 60 feet from your property line and
that's your primary motivation; is that correct?
MR. LAROCCA: If it is to be a detached
garage.
BOARD MEMBER SIMON:
That's a legal
question.
But yes, you would like to have it at
least 60 feet away froin your property line, not
from your house.
MR. LAROCCA: Yes. I would prefer that if
the community grants him this waiver, that it sit
behind his house and not join other structures
that are right on my property line, yes.
BOARD MEMBER SIMON: And they be more than
60 feet from any structure on your property line?
That wherever his garage is, you would like it to
be at least more than 60 feet from any structure
on your property?
CHAIRMAN DINIZIO: No, Michael. The
application concerns a side yard line, not a
structure. He's talking about setbacks.
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BOARD MEMBER SIMON: Be has a proposal as to
where he would accept this garage.
CHAIRMAN DINIZIO: Right, 60 feet from his
property line.
BOARD MEMBER SIMON: Right and it's not
clear -- it doesn't matter whether that's what's
before us. What's before us is whether he can
build it in the front yard and you don't have a
problem with him building it in the front yard
provided it's far enough from your property.
MR. LAROCCA: And in the interest of the
community, I've also expressed there is no reason
why he and I can't keep with the size properties
we're both blessed with, we can't keep it 50 feet
off the road like everyone else does on the road.
There is no reason for either of us to need to
even risk jeopardizing the aesthetics or other
~mplications. So there's two - -
BOARD MEMBER SIMON: I understand. It's
primarily your aesthetic consideration and it
determines where -- you don't object to the
variance or a front yard garage. That's the issue
that's before us. What you are saying is that you
want to have your preference for where he places
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
LAROCCA, V.
#6208
MAP #: 103-13-22.1
VARIANCE YARD LOCATION
REQUEST:
"AS BUILT" ACCESSORY STRUC
DATE: THURS OCT. 30, 2008, 10:10 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days b~,~tween 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
~ONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959 3/~
(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
October 3, 2008
Re: Town Code Chapter 55 - Public Notices for Thursday, October 30, 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 October '13th
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 alii 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 mailinq address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arranqements were made in either a written
statement, or during the hearinq, providinq the returned letter to us as soon as possible;
AND not later than Oct. 17th: 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 October 22"d: 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 or mail your Affidavit of Postinq for receipt by us by October 29, 2008.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
Nov-Il-08 01:21am From- T-94~ POe1 F-Z89
Vincent LaRocca
185 West Creek Avenue * P.O. Box 1085
Cutchogue, NY 11935
(631) 235-5508
FAX COVER SHEET
NOV
Date:
To:
November 10, 2008
Zoning Board of Appeals
FaxNo.: (631) 765-9064
Re: Appeal #6208
No. of Pages: 3 (including cover)
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jn
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 · 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
September 15, 2008
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:
ZBA File # 6208
Applicant's Request:
Within 500 feet of:
Owner/Applicant: LAROCCA
Yard Location
( ) State or County Road
(x) Waterway (Bay, Sound, or Estuary)
( ) Boundary of existing/proposed County, State, Federal land
( ) Village, Town or County Line.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Gerard P. Goehringer
ZaA.G~gairman
By:-; ,¢7.,;~1~
October, 2008
To: Town of Southold Zoning Board of Appeals
Re: Vincent LaRocca Variance # 6208
Ladies, Gentlemen:
I reside directly across the street from the LaRocca residence.
Mr. LaRocca's Gazebo and other structures, along with the substantial
landscaping he has incorporated around them, have resulted in a yard that I
consider to be a complement to our community.
I, therefore, support his variance application.
Sincerely,
Richard Bren
430 West Creek Ave.
Cutchogue, N.Y. 11935
1~-10-08 9:~1:-~
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~10-10-08 9:22:;
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I10-10-08 9:20: ~
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