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HomeMy WebLinkAbout6209 APPEALS BOARD MEMBERO Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman outhold Town Clerk http://southoldtown.nnrthlk)rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road. I~O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floon North Fork Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 13, 2008 ZBA# 6209 - M. JUDGE and E. COSTELLO, Applicants PROPERTY LOCATION: 13007 Oregon Road, Cutchogue CTM 83-2-11.14 SEQ. RA 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 _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. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 3.4313 acre parcel measuring 270 feet along the Long Island Sound to the north, 707 feet along the eastern boundary, 277 feet along the southern boundary, and 704 feet along the western boundary. The lot is improved ~vith a single-family house and garage, as shown on the survey by Howard W. Young, L.S., dated April 21, 2005, amended January 30, 2008. BASIS OF APPLICATION: This request for a Variance under Section 280-18 is based on the Building Inspector's August 4, 2008 Notice of Disapproval concerning a new dwelling (under construction) for which a third-story is proposed for use as the owner's office rather than attic space. LWRP EXEMPTION: This application is exempt under Town Code Chapter 268. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 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 - November 13, 2008 ZBA # 6209 - M. Judge and E~ Costello, Applicants CTM 83-2-11.14 AREA VARIANCE RELIEF REQUESTED: The applicants seek a variance to allow conversion of a portion the attic above the second-floor of this dwelling to a home office thus making this three-story construction. 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 a variance to allow use a portion of the existing attic as a home office will not have an adverse effect on the character of the neighborhood or be a detriment to nearby properties. The change is interior and will not be visible from outside the house. 2. Town Law §267-b(3)(b)(2). The benefit of a home office cannot be achieved by means not requiring a variance. There no other suitable place for a home office within the house as constructed. 3. Town Law ~267-b(3)(b)(3). The proposed variance is not substantial. The new office space will be within the confines of the existing house. 4. Town Law §267-b(3)(b)(5). The need for a variance was created by the applicant when they decided to make part of the attic usable as a home office. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Town Law ~267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of use of a home office above the second floor of the existing house, while preserving and protecting the character of 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 Member O1/va, and duly carried, to GRANT the variance as applied for, subject to the following CONDITIONS: 1. Neither the home office nor any other part of the attic will be for sleeping. 2. A comprehensive sprinkler system will be installed for egress and ingress leading to/from and within the third floor area. 3. There will be no other plumbing on the third floor. Page 3 - November 13, 2008 t ZBA # 6209 - M. Judge and E. Cos"~'~ello, Applicants CTM 83-2-11.14 That the above conditions be written into the Building Inspector's Certificate 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 Goehringe~an)7~Oliva~Dinizio, and Simon. Member Weisman was absent. This R~s dul/~l~, pt,~~//~ ~.FA:~RD P. GOEHRINGER, CHAJJ~MAN 11/Z//08 //~Approved for filing ~ WINDOW / / DUCT // PANEL TO HVAC SYDTEM BEHIND / / / / / / / / / --ROOF(ABOVE} LOW WALLT ,COVER DUCT RUN- \ / \ / ',, / ADJUSTA[SLE .... ./ CEILING (ABOVE) SHELVES [TYP) MIIKE'5 OFFICE LIGHTNING ?ROTECTION SYSTEM (~) ATTIC FLOOR PLAN I/4"= I '-O" AUG 15 2008 . ,Ot,.D OF APPEALS ~IN L MAP BE' ,IEWED BY ZBA ,Er 3ECI$10N DAT '0' FOLEY. FIORE I ARCHI I'ECTURE 534 Cambridge Street Cambridge, IViA 02141 617 547. 8002 07/23/08 Variance Request 04/2-8/08 Permit Update The Residence of Ellen Costello & Michael Judge Cutchogue, New York Town of Southold Date: RevlsJO11: Sheet: A1.3 NOTEB: I. OUTLETS BlflOWN AR.E FOP-. OWNER. IJSE. ELECTI~ICIAN R.E~?ON~I~SLE FOR.-. VER.IFICATION AND COM?LIANCE WITH NY~ ELECTP-.ICAL CODE. 2. CARBON MONOXIDE DETECTOR5 AND SMOKE DETECTOR5 PER. NY BTATE BUILDING CODE. ,3. FLOOR. OUTLET FOR-. COMPIJTER TO BE VEKIfilED BY OWNEP-., Electrical Symbols 0 Duplex oul:lel; I 2" afl ~ Duplex o¢:le~: ~wd:ched @ wall ~ Pourplex oul;le~ I 2" afl ~ Duplex ou~;iel:- floor m~:d ~wF' Duplex ou~le~, waterproof ~GPI Duplex ou~le~, groun~ faui~ m~errup~er I ~ C~o~e~ J/qh~ 5urface mount:ed ceding fix~:ure Surface mounl:ed wall f~x~:ure Recessed celhnej flxkure Under-cab. hej htm ej Landscape hgh~ln~ 5~ep L~gh~lng 5pnnkler head 5witch mnl;d al; 48" OC AFF way 5w~ch D~mmer Gas connection Thermostat Door bell Wail speaker © Recessed speaker [] exhausk fan comb. cable/CAT5 ~ communlCal;lon por~; I~ $moke detector NOTE: SPRINKLER HEADS FOR LIGHTING REFERENCE ONLY - VERIFY ALL SPRINKLER HEAD LOCATIONS W~ SPRINKLER ENGINEER DRA WINGS - TYP. NOTE: I. 5CQNCE5 AND 5LOPED-CEIUNG P.~C~BDED CAN5 DWITCH~D AT EACN END OF O? A~'IC 5PAC~, 2. CEILING AND LANTEP. N LIGNT5 5WITCH ATTO? AhlD E~OTTOM OP 5TAIP.. DECORATIVE flA.6 ElA'6 3333 STAIR i i DECORATIVE ~C APPKOX e~' VERIPf ZF ZF ATTIC REFLECTED CEILING PLAIN FOLEY' FIORE ARCHITECTURE 534 Cambridge Sl~eet Cambridge, MA 02141 617.547, 8002 The Reszdence of Ellen Costeilo & Michael Judge Cutcflog~e, New York Town of Southold Date: Revision: 11/01/05 Sfl~c~u'aIReweu 07/03/06 Pdcing/Reviezo Scale. Title: AtQc Reflected C~ing Plan si**. A7.3 SEP 5 2008 FINAL MAP REVIEWED BY ZBA~ SEE DECI~dON #~ ;Z°~ FOLEY' FIORE ARCHITECTURE .~ Street Cambridge, MA 02141 617.547. 8002 Job: Costello-Judge Residence Date: o8/25/os Revision: Section INSET / Young & ¥o'~,g 5U~',VET'OI~,'S OEW, TIFIC, ATION ~A~_ ~ '~; ~ ~ SufFolk Oount9, N~ Work ~ ~ BUILPlN~ PERMIT ' ,,AL IARP FOLEY' FIORE r i' iNAL MAP IREVIEWED i SEE DEC IDATED_// I / .3. I d~,, (~ DECOND FLOOR PLAN 1/4~= I.O' 3 Al.2 TO: Charles R. Cuddy, Atty. For Michael Judge 445 Griffing Avenue Riverhead, NY 11901 FORM NO. 3 ) NOTICE OF DISAPPROVAL DATE: Au st 4,2 Please take notice that your application dated July 29, 2008 For the conversion of attic to third floor office; Location of property 13007 Oregon Road, Cutchogue County Tax Map No. 1000 - Section 83 Block 2 Lot 11.14 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Art. XII, Section 280-18 the maximum permitted stories is 2 '/2. The proposed plans show a third story office. Authorized Signature APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS '~x. /~ ~ I For Office Use Only ~'~L [~~ ? ' ~ Fee:$ q*t~2 FiledBy: ~.[~] Date nssigaed/Assignment No. Office Notes: ~ House No. ~3007 Street 0regon Road Hamlet ~u~ ~ ~,~.~ SCTMl000Section 83 Block2 Lot(s) 11.14 LotSize 3.4313 Zone R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED August 4, 2008 BASED ON MAP DATED January 30, 2008 Applicant(s)/Owner(s): M~rh~el h,ag,, ~a ~ lon ~n~rpl In MailingAddress: 1Rq F,a.qt T~k~ ~hnro Bravo #/,ld__ Ch~'~gc~: TI. fi~3fi] 1 Telephone: N/^ Fax #: N/^ Email: NOTE: In addition to the above, please complete below if applleation is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Charles R. Cudd7, Esq. for (X) Owner, or ( ) Other: Agent's Address: PO Box 1547, Riverhead, NY 11901 Telephone (631) 369-8200 Fax#: (631) 369-9080 Email: charles.cuddy@verizon.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 [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 01/30/08 AN APPLICATION DATED July 29, 2008 FOR: [~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XII Section 280- 18 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, [] has not been made at any time with respect to this propert¥~ UNDER Appeal No. 6158Year 2008. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Michael Judge and Ellen Costello ZBAFile# REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the detriment to nearby properties if granted, because: The height of the house does not exceed the height permitted by the zoning code and the use of the third floor will be by the owner. ~) The benefit sought by the applicant CANNOT be achieved by some method ~asible Mr the applicant to pursue, other than an area variance, because: The house is a 3-bedroom house and the owner seeks to have an office which will be located on the third floor. (3) Theamountofreliefrequestedisnotsubstantialbecause: The new office space is within confines of the existing house. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house has a Building Permit and will otherwise have a Certificate of Occupancy; the number of occupants will not be increased; this a single family dwelling permitted in this zoning use district. (5) Hastheallegeddifficultybeensel~created? ()Yes, or ~No. Are there Covenants and Restrictions concerning this land: [] No. [~ Yes (t~lease furnish cody). 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 REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Notary Public Signature of Appellant or Author/~Agent (Agent must submit written Afithorizatio f~ggm Owner) ?A~ONA KODYM Notary Publlo, State of New York No. 01KO6088386 Qualified In Suffolk County Commission Expires Marc, Il ~, 2~11 Michael Judge and Ellen Costello 189 East Lake Shore Drive #4W AIJG I 5 ~'~9 Chicago, IL 60611 -~ ~'~d~..~ ~ ~ We, Michael Judge and Ellen Costello, owners of t~pi;0perty iaenttf~-2::'-, SCTM# 1000-83-02-11.14, located in Cutchogue, New York, hereby authorize Charles R. Cuddy, Esq. to act as our agent and handle all necessary work involved in the variance application with the Zoning Board of Appeals. Sworn to before me this ~ day Notary Public ] Halina B. Lesnicki J Nota~ Public, State of Illinois My Commission Exp. 02/15/2010 Sworn to before me this~,~ day of ,2008. Notary Public ] Halina B. Lesnicki [ ] Notary Public, State of lllinois ~ [My Commission Exp. 02/15/2010 ] iWCB-2 Rev 8/99 .(ul{'i form ack3 Standard N. Y B.T.U. From 8002 -B~rg~in ~nd S~Ie Deed. with Covpn~at a$~imt G~a~ Acls-lndividu~l or Cmpof~fion (single sheet) CONSULTYOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ~) 2 day of May in the year 2006 THI$ INDF_ffcrlJRE, made the c~x ' Luba Corso, Oregon Road, Cutchogue, NY 11935, as to a 34% interest, Regina Corso, Oregon Road~ Cutchogue, NY 11935~ as to a 33% interest, and Monica Corso Raynor, Oregon Road~ Cutchogue~ NY 11935, as to a 33% interest par~ o[the first part, and Michael Judge and Ellen Costello 247 East 71st Street New York, NY 10021 Dist. 1000 Sec. 083.00 Blk. 02.00 Lot 011.014 party of the second part, WITNF.,8SI~TH~ that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party o£ the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in 'the SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 10/24/2005 and recorded 10/31/2005 in Liber 12417 cp 443 in the Suffolk County Clerk's Office. TOGETHER with all right, title and interest, if any, o[ the party of the first part in and to auy streets and roads abutting the above described premises to the center lines thereof; TOGETHER wkh the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the prenfises herein granted unto the party of the second part, the heirs or successors and assigns ol the party of the second part forever. written. IN ?RgSENCE OF: AND the party of the first part covenants that the party of the firs{ part has n6t don~ or suffered anything wheroby the said ~remises hage been encumbered in.any way whatever, except as ~toresaid! AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party o~ the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust {und to be applied first for the purpose of paying 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 for any other purpose. The x~,ord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WlTNF__q$ WHEREOF, the part7 of the first part has duly executed this deed the day and year first above Lube ~onica Corso Raynor~ * STATE OF NEW YORK) COUNTY OF SUFFOLI~ On the'~ day of Hay in the year 2006before me, the undersigned, personally appeared Luba Corso personally ~own to me or proved to me on the b~is ofsatJsfacto~' evidence to be the individual(s) whose n~e(s) is (are) subscribed to the within ins~ument and ac~owledged to me that he/she/they executed the same in hisSer/their capacity(ies), and that by his/her/their signature(s) on the ins~ment, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument Sig~u}e and Or'ce of individual taking acknowledgment For acknow edgments taken m New York Nolary poDlio, State o * State No. O18T60~ 4034 Oualif ed in Suflo{k Count'/ ~mmis~on ~pires 09/2~2B0~ * STATE OF NEW' ) COUNTY OF SUFFOLI{) On th~D~day of. Hay in the year 2006before me, the undersigned, personally appeared Regina Corso personally known to me or proved to me on the basis of satisfactory' evidence to be the individual(s) whose name(s) is (are) subscribed to lhe within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. signaiil~e and~Offic~ of individual taking acknowledgment Notary Pubdlc BRENDA L. STRICKLAND Notm'y Pnblic, State of New YO~ No, 01ST6014034 Commias~on ~xpires ** State, District of Columbia, Territory, Possession, or Foreign Country On the __ day of in the year before me, the undersigned, personally appeared personally kaown to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the ' within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before tbe undersigned in the , (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). ' ** For acknowledgments taken outside of New York State. Signature and Office of individual taking acknowledgment ~'I!H COVENANT AGAINST GRAN'IOR'$ ACIS TITLE No. Luba Corso, Regina Corso, and Monica Corso Raynor TO Michael Judge and Ellen Costello Diatributed by First American Title Insurance Company of New York SECTION 083.00 ~LOCK 02.00 LOT 011.014 COUNTY I~>tI~ Suffolk Recorded At Request of Fh-st American Title Insurance Company of New York RETURN I~Y MAIL TO: Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 Riverhead, NY 11901 Zip No. Amended 5/25/06 Title No. L-562110-S SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suflblk and State of New York, being more partic~darly bounded and described as follows: BEGINNING at a point on the northerly line of land now or formerly of Oregon LLC, at the southeast corner of the premises herein to be described; said point of begirming is distant the following three (3) courses and distances from the northerly side of Oregon Road: (1) North 48 degrees 44 minutes 00 seconds West, 1615.42 feet; (2) South 82 degrees 28 minutes 00 seconds West, 13.29 feet; (3) South 82 degrees 28 minutes 00 seconds West, 187.82 feet; RUNNING THENCE from said point ofbegirming, South 82 degrees 28 minutes 00 West, 277.00 feet to the land now or formerly of Morell LLC; THENCE along said land and along the land now or formerly of Nancy Butkus, North 46 degrees 30 minutes 10 seconds West, 704.33 feet to the approximate high water mark of Long Island Sound; THENCE along the approximate high water mark of Long Island Sound, the following two (2) courses and distances: (1) North 82 degrees 59 minutes 25 seconds East, 205.24 feet; (2) North 81 degrees 37 minutes 47 seconds East, 65.47 feet to land now or formerly of Louis C. Corso, Luba Corso, Regina Corso and Monico Corso; THENCE along said land, South 46 degrees 56 minutes 48 seconds East, 707.61 feet to the point or place of BEGINNING. TOGETHER with certain Pdghrs-of-Way and/or Easements, which said R2ghts-of-Way are 50 feet and then 25 feet in width, framing from the southeast corner of the premises herein described easterly and southerly to the northerly line of Oregon Road. FOR CONVEYANCING ONLY: Together with all right~ title and interest of, in and to any streets and roads abutting the above described premises, to tbe center line thereof. STATE OF NEW YORK : COUNTY OF SUFFOLK : ss.: On the ~ day of May, 2006, before me, the undersigned, personally appeared Monica ?~ = ,, ~ ~ Corso Raynor personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and ac~owledged to me that she executed the same in her capaciW and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, exectge~he',instmment. ~6t~ Public ' B~ENDA L. ST~ICK~I~D Notary Public, Stato of Now York No. 018T6014034 Oualified in Sul~oik Countg ~ommiss~on ~pires 0~/28/200~ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 7 Receipt Number : 08-0028912 TRANSFER TAX NUMBER: 07-22715 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 083.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 03/31/2008 10:01:07 AM D00012545 797 Lot: 011.013 Received the Following Fees Page/Filing $21.00 COE $5.00 TP-584 $5.00 Cert. Copies $5.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 07-22715 For Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 $0.50 $50.00 $o.o0 81o6.5o Exempt NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp RE_'0Rr),F,r_ :2008 f'l ~ r ..} ud :~ t.h C LEE,'< OF S_FF:'LK L:UUN'W L [:,L-,)0 !2545 F' '?97 Recording / Filing Stamps 31 Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other 5, 00 5O 5. 00 FEES SubTotal 4 District 10{ Real Property Tax Service Agency Verification Sub Total --}~-~ !5 -- GrandTotal I 1000 08300 0200 011013 .014 5 1000 08300 0200 011014 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: Patrieia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #. of this instrument. Community Preservation Fund .'onsideration Amount $ - 0 - CPF Tax Due $ - 0 - Improved Vacant Land TD TD TD Co! Title Company Information Name Peconic Abstract, Inc. Tit e # Suffolk County Recording & Endorsement Page This page forms part of the attached Michael Judge and Ellen Costello TO Louis Corso. Regina Corso, Monica Corso and Luba Corso Amendment to Declaration of C & Rs and Easements made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In thc VILLAGE or HAMLET of Cutchogue BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS THIS AMENDMENT TO THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS made this [~ day of ~ ,2008, is made by Michael Judge and Ellen Costello, residing at 2A7 Ex'st-71~t ~t,~t, ?.4ow Yo~ N~Y k00~l (hereinafter referred to as "Michael") and 1 ~4. ~' I. t2f,~.~. Louis Corso, as to an undivided thirty-one (31%) percent interest; Regina Corso, as to an undivided twenty-three (23%) percent interest; Monica Corso, as to an undivided twenty-three (23%) percent interest and Luba Corso, as to an undivided twenty-three (23%) percent interest, as tenants in common, residing at 13451 Oregon Road, P.O. Box 1287, Cutchogue, NY 11935, hereinafter referred to as "Louis". WITNESSETH: WHEREAS, "Michael" is the owner of real property, described on the annexed Schedule A, and known as Suffolk County Tax Map No. District 1000 Section 83 Block 2 Lot 11.14, and which is also known as 13007 Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, hereinafter referred to as Lot I 1.14 and WHEREAS, "Louis" is the owner of real property, described on the annexed Schedule B, and known as Suffolk County Tax Map No. District 1000 Section 83 Block 2 Lot 11.13, and which is also known as 13451 Oregon Road, Cutchogue, Town of Southold, County of Suffolk and State of New York, hereinafter referred to as Lot 11.13 and WHEREAS, "Michael" and "Louis" wish to clarify the intent of the language that was stated in the Declaration of Covenants, Restrictions and Easements dated May 28, 2006 and 'recorded in the Suffolk County Clerk's office on May 30, 2006 in Liber 12452 Page 399. WHEREAS, "Michael" and "Louis" are hereby amending the Declaration of Covenants, Restrictions and Easements dated May 28, 2006 and recorded in the Suffolk County Clerk's office on May 30, 2006 in Liber 12452 Page 399 by replacing Section 12 with the following language: Section 12 - No structure or construction shall take place within 150 feet landward of the top of the bluff. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. Michael Ju~t~'~ \ ( STATE OF ~ ) SS: COUNTY OF ~-0 It_ ) On the /°/4~-day of ff~14t, t~., in the year 2008, before me, the undersigned, personally appeared Michael Judge, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the ~ C..a_~,~ , ~ .(Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). Notary Public STATE OF '~) ~ COUNTY OF ~0 k_ ) SS: On the }q4l'day of ~,J~l-'~a/bI, in the year 2008, before me, the undersigned, personally appeared Ellen Costello, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrmnent, and that such individual made such appearance before the undersigned in the ~0, ~ ~ .(Insert the city or other political subdivision and the state or country~'or other place the acknowledgment was taken). ] Halina B. Lesnicki ~ Notaly PI}blic, State of Illinois I My Notary Public STATE OF NEW YORK ) SS: COUNTY OF &)~"L3/~- ) On the. \cob day of ~C-~J~br'L'~ P~, in the year 2008, before me, the undersigned, personally appeared Louis Corso, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of w,hich th~t'ndiCrdual acted, executed the instrument. Notary Public STATE OF NEW YORK ) SS: On the lq day of 'l~r~bC0& ltl, in the year 2008, before me, the undersigned, personally appeared Re-~-~ina'Corso, personall) known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and ,~.~-a! by her signature on the instrument, the individual, or the person upon behalf of which the indiXv/41ual.~ed, executed ~e instrument. ~ ~ ~ ~ ~otaw Public ~ ' STATE OF NEW YORK ) coUNTY ss: BRENDA L. STRICKI '4D Notary Fublic, S~:tto ~ New York No, 01 ?U~0!4034 On the ~ day of ¢~gI'DOfL')~, in the year 2008, before me, the undersigned, personally appeared Monica Corsol personality known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individualc.... _acted' executed the instrument, c,)¢(,~k~O~ ~,O~ , ~x%~'¢"'"'~---2~ Notary pebtlc. '!i ~{:;J c Now York STATE OF NEW YORK ) ss: COUNTY O ) On thec~,.~_~ dayof 1 ~(i.jC._..__~_j/~_~_! in.1~-~1 .~, the year 2008, before me, the undersigned, personally appeared Luba Corso, personally ldmwn to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and[hat by her signature on the instrument, the individual, or the person upon behalf of which the incli..vidt!al ag, ted, executed the instrument. " ' ~otary Public COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK SS.: I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of RecorgL,thereof, do hereby certify that I have ~ompared the annexed with t °ri,ginar ~I~U~~ ~ ...... RECORD~ED~ i~n the office on ~..~,~.f.'f..~ unaer LIBER ... '/'C:~.~.-~..9 ........ PAGE ./.~..~/....and, that the same i~a copy, as redacted, thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set-ray.band add affixed the seal of said County and Court on this..9/....day of...,f../f../. ~~.., 20. ~ SCHLDU I.,E A - DIr_,S~.:RI PTION ALI, those ccriain plots, pieces or parcels of land, with Ibc buildings anti intprovements thereon erected, siluate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded aud described as follows: BEGINNING at a point on tire northerly line o[land now or formerly Oregon LLC., saki point being situtite the Following two (2) courses and distances from the intersection of tile boundary line beV. veen land now or lbrmerly Oregon LLC on the west and land now or formerly of Timothy T. Steele and Jeanne F. Steele on the east and the northerly side of'Oregon Road, saki boundary line also beiug the westerly line ora certain 25 toot right o£way; 1. North 48 degrees 44 minutes 00 seconds West 1,602.13 feet along said boundary line; 2. Sou[h 82 degrees 28 minutes 00 seconds West 201.11 Feet al°ng the northerly line of lm~d now or formerly Oregon LLC; RUNNING THENCE from said point of beginning South 82 degrees 28 minutes 00 seconds West along land now or Fommrly Oregon LLC 277.00 Feet to land now or Fom~¢rly Morell LLC; RUNNING THENCL North 46 degrees 30 minutes 10 seconds West along land now or formerly Morel[ LLC and along land now or formerly Nancy Butkus 740.33 feet to the high water mark of the Long Island Sound; RUNNING THENCE North 84 degrees 43 mhmtcs 48 seconds East along the high water mark of the Long Island Sound 278.84 feet to Lot I, as shown on Map prepared for Louis Corse trod Luba Corse; RUNNING THENCE South 46 degrees 56 minutes 48 seconds East along Lot I, as shown on Map prepared for Louis Corse and Luba Corse 730.77 feet to the point or place of BEGINNING. CONTAINING an area of 3.5771 acres. TOGETHER WITH. certain fights of way and/or casements shown on the aforementioned map prepared for Louis Corse and L[~ba Cors$. FOil CONVEYANCING ONLY: Togelher with all rl[~ht, lilly and inter,st or, in aha In any ~treels 'and re'ads nbuuing Ibc A SCHEDULE B - DESCRIPTION ALL those certain ploLs, pieces, or p~cels of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of ~' County of Suffolk and State of New York, known and designated as t,ot 1 and Lc shown un Map Prepared for Louis Como & Luba Corso (Lot Line Change) prepar, Young & Young Land Surveyors, Riverhead, New York, last dated July ] 8, 20(15, particularly bounded and described as follows: BEGINNING at the northerly terminus of the boundary line be~,veen land formerly Oregon LLC. on the west and land now or formerly of Timothy T. Steele F. Steele on the east, said point being situate North 48 deg. 44 min. 00 sec. measured along said boundary line 1,602.13 feet from the intersection of said boun, and the northerly side of Oregon Road, said boundary line also being the westerl a certain 25 foot right of way; RUNNING thence from said poin~ or place of begin.n, ing South 82 deg. 28 x sec. West along land now or formerly Oregon LLC 201.11 fe.e.t to Lot 2, as sb~own Prepared for Louis Como & Luba Como; RUNNING thence North 46 deg. 56 min. 48 sec. West along Lot 2, as showr Prepared for Louis Como & Luba Corso 73(~.'77 ~;eet to the l~igh water mark of tl~ Island Sound; RUNNING thence along the high water mark of the Long Island Sound the following three (3) tie-line courses and distances: North 84 deg. 43 min. 48 sec. East 93.02 feet, North 80 deg. 59 min. 55 sec. Ea.~t 159.50 feet, North 82 deg. 53 min. 39 sec. East 85.44 feet to land now or formerl' C. Corso, Regina Corso, & Monica Corso; RUNNING thence South 48 deg. 53 min. 00 sec. East along land now or for Louis G. Gorso, Regina Como, & Mo,nica Corso 709.84 feet to land now or formerly Ti T. Stee]e& Jean..ne F. ~teele; · ~ . ,RUNN1.N..G l.:hen..'.ce, gouth 69 deg. 56. min. 25 sec. West along land now or roi rimothy T. Steel~&.~/eam~.e F. Stdeie 1'4§.17 'fdet to the poiflt or place of Beginninl (~ONTAINING an area of 4.5183 Acres. TO GE'I?-tER WITH& SUBJECT TO certain rights of way and or easements she the aforementioned Map Prepared for Louis Como & Luba Corso. ourhold, :d by more now Or : Jeanne West as iaryline · line of in. O0 af Map of Map e' bong , Louis xerly 'nothy merly ;n on COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Mah~ Rd., P.O. Box 1179 Southold, NY 11971 STEVE LEW SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DIRECTOR OF PLANNING September 8, 2008.q.~.~/~ SEP 1 5 2008 Dear Sir: OF APpEAL-E Pursum~t to the requh'elnents of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Co~mrrission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Pollio 6205 Traendly 6207 Judge 6209 Schneider 6215 Very truly yours, Thomas lslcs, AICP Director of Planning S/s Fheodore R. Klein Senior Pla]mcr TRK:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853 5190 100 VEIERANS 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 · N Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November ~,~ ~2008 Chades R. Cuddy, Esq. P. O. Box 1547 Riverhead, New York 11901 Re: ZBA #6209 - Michael Judge and Ellen Costello Variance application Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's November 13, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Copies of Decision to: Building Department Planning Board Town Clerk (Original for filing) Very truly yours, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net ~xamined ,20 Approved ,20 Disapproved adc Expiration ,20 PERMIT NO. BUILDING PEIC~IIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Stom~-Water Assessment Form Contact: Mailto: Charles R. Cuddy, Esq. PO Box 154-7, R±verhead, NY 1190] Phone: (631) 369-8200 Building Inspector APPLICATION FOR BUILDING PERMIT Date July 21, ,2008 INSTRUCTIONs ~-'hT'Tl~is application MUST be completely filled in by typewriter or in ink and submitted to the BuiIding 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 ;york covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. Ifoo zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Sign~tture o~applichnt or name, i~rporation) PO Box 1547, Riverhead, NY 11901 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder AEent Name of owner of premises Michael Judge and Ellen Costello (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer N/^ (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: lqOO7 Oragnn Rnnd House Number Street Cntchogne Hamlet County Tax Map No. 1000 Subdivision Section 83 Block 2 f, ile~l~MaI~'N'6~.~'','!--'--~ --- ,,., Lot 11.14 Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy residential b. Intended use and occupancy residential 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost N/A 5. If dwelling, number of dwelling units If garage, number of cars N/A Addition Other Work Fee Alteration use of the third floor as an (Description) office (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 Dimensions of same structure with alterations or additions: Front N/A Depth Height. Number of Stories 8. Dimensions of entire new construction: Front N/A Height N umber of Stories 9. Size oflot: Front 277 ft. Rear .Depth 10. Date of Purchase May 2096 Rear 270.61 ft. Depth 707.61 ft. N/A Depth Rear Sworn to before me this .,~ I ~'+- day of ~ ~Notary~Pu/bl'~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO X 13. Will lot be re-graded? YES__ NO x Will excess fill be removed from premises? YES__ NO x Ellen Coste~lo 14. Names of Owner of premises Michael Judge& Address cnmcago, IL Phone No. (312) 475-1586 Name of Architect David ~a]~y Address 534 Csr0hr~lg~ ~.Phone No (617) Name of Contractor Address Carabridee, MA Phone No. 02144 15 a. Is this property within 100 feet of a tidal xvetland or a freshxvater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. if elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES X · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF Suffolt~ Charles R. Cudd¥ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Agent (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. 20 oo IWONA KODYM Nots~ Public, 8tate of New York No. 01 KO6088886 Ou~lified In Suffolk Courdy Comml~lon Explre~ March a, 20~ NO Signature of Applicant "' ~/ 1 h Zone or use district in which premises are situated R-80 Name of Former Owner Louis Corso. Regina Corso. Monica Corso FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33793 Z Date APRIL 4, 2008 Permission is hereby granted to: MICHAEL JUDGE & ELLEN COSTELLO 189 E LAKE SHORE DR 4W CHICAGO, IL 60611 for : CONSTRUCTION OF AN ACCESSORY GAR3kGE AS APPLIED FOR. THIS PERMIT REPLACES BP 31945. at premises located at 13007 OREGON RD CUTCHOGUE County Tax Map No. 473889 Section 083 Block 0002 Lot No. 011.014 pursuant to application dated APRIL 4, 2008 and approved Building Inspector to expire on OCTOBER 4~~~/ Fees 335.20 ~~ u~d Sitnalur~~ Rev. 5/8/02 COPY FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33792 Z Date APRIL 4, 2008 Permission is hereby granted to: MICHAEL JUDGE & RT.I,~N COSTELL© 189 E LAKE SHORE DRIVE 4W CHICAGO,IL 60611 for : CONSTRUCT 1 FA24. DWLG AS APPLIED FOR PER SCHD APPROVAL A/qD NJ LETTERS FROM DEC AND TRUSTEES. HOUSE ONLY. THIS PERMIT REPLACES BP 31942. at premises located at 13007 OREGON RD County Tax Map No. 473889 Section 083 Block 0002 pursu~Lnt to application dated APRIL 4, 2008 and approved by the Building Inspector to expire on OCTOBER Fee $ 2,556.80 ~- CUTCHOGUE Lot No. 011.014 Signature Rev. 5/8/02 COPY APPLICANT'S PROJECT DESCRIPTIO (For ZBA Reference) ~ ~ ~ Applicant: Michael Judge and Ellen Costello Date Prepared: 8/14/08 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: ~o o,, ~v Height (from finished ground to top of ridge): .... ~ ~ -- Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 111. 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: ~q/~ three floorg IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3.595 sq.ft. Proposed increase of building coverage: N/A Square footage of your lot: 149,467.42 Percentage of coverage of your lot by building area: 3% V. Purpose of New Construction: an office space. Conversion of the third floor/attic area into 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): N/A 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 Tow~ of Southold Ao INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, '~hhll ~omplete 'this~E-AF-fo~ 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). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 83 02 -11.14 The Application has been submitted to (check appropriate response): Z~ng Board of Appea~ Town Board ~-~ Planning Dept. [] Building Dept. LgJ Board of Trustees I ' I 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: Nature and extent of action: conversion of the third floor/attic of the existing home Location of action: Site acreage: Present land use: single family dwelling Present zoning classification: R-80 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: Michael Judge and Ellen Costello (b) Mailing address: 189 East Lake Shore Drive #4W Chiongn: Il, 60611 (c) Telephone number: Area Code ( ) N/A (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [-~ If yes, which state or federal agency?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~¥es ~ No [-~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No [~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes ~ No [] (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [] No [~ (Not Applicable - please explain) Atlach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~ (Not Applicable - please explain) ARach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Sonthold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [~ (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ Yes~ No [] (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Polic~ i6. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [--] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [~ Not Applicable - please explain PROJECT i.D. NUMBER 617.20 Appendix C State Environmental Quality Re~ SHORT ENVIRONMENTAL ASSESS, For UNLISTED ACTIONS Onl .PART i--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) APPLICANT/SPONSOR 2. PROJECT NAME Michael Judge and Ellen Costello 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Streel address and road Intersections, prominent landmarks, ate., o~ provide map) 13007 Oregon Road, Cutchogue, ~ SCTM# 1000-83-02-11.14 5~ IS PROPOSED ACTION: [] New [~ Expansion r~ Modlflcatlo~alteratlon 6. DESCRIBE PROJECT BRIEFLY: The applican.t wishes to convert the third floor/attic of the existing house into an office space. 7. AMOUNT OF L.AND AFFECTED: Initially 3 · 4313 ac~es Ultimately 3.43 ! 3 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND OS£ RESTRICTIONS? ~:~ Yes [] No Il NO, describe briel~y 9. WHAT iS PRESENT !.AND USE IN VICINITY OF PROJECT? [::~[ Resident Iai [] industrial [] Commercial [] Agriculture [] Ppi'k/Forest/Open space ~ [] Other Describe: 10. DOES ACTION iNVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENC&f {FEDERAL, STATE OR LOCAL)? [] Y~s [] No ff yes, list agency(s) and permlt/ap~roval~ Zoning Board of Appeals-variance approval Building Department-Certificate of Occupancy 11, DOES ANY ASPECT OF THE ACT]ON HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? [] Yes [] No II yes, list agency name artd permW&pprovll N/A 12. AS A RESULT OF PROPOSED ACTION WtLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [].o N/A , CERTII~Y THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOW~E Charles R. Cuddy, Authorized Agent Data: If the action is in the Coastal Area, and you ere a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? [] Yes ~No B. 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? No 2) Are these areas shown on the map submitted with this application? N/A 3) Is the property bulkheaded between the wetlands area and the upland building area? N/^ 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A 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? No 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.) F. Do you have any construction taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: construction of a single family dwelling, garage, swimming pool an~ p9ol ouse. G. Do you or any co-owner also own ortner land c~ose to this parcel? No If yes, please label the proximity of your lands on your map with this application. ~and proposed use tho ~mrao ily; proposed: same with garage or pool, or other description.) Authori~eec~ Si~naiure ahd Date ~' Please list present use or operations conducted at this parcel residential use-single 2/05; 1/07 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: Costello Ellen (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other AUG 1 v :' ~ COt,2D OF APFT_ALS 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 thi~,~ day 9~ ~ '~ PrlntNam~/ ~-~len Costello 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: Judge Michael (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check ail that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 ~,~r_~da~ of'~-~ ~ ~'~ Signature: ~..~\ ~ Print Name: ~±~hael ~ludge ~] Mailing Address: PO Box1547 Riverhead, NY 11901 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 Tel: (631) 369-8200 Fax: (631) 369-9080 e-mail: charles.cuddv~verizon.net October 29, 2008 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Attn: Linda Kowalski Re: Michael Judge and Ellen Costello SCTM#1000-83-2-11.14 Dear Ms. Kowalski: In connection with the Zoning Board hearing scheduled for October 30, 2008, we are enclosing an Affidavit of Sign Posting. Please make it part of your records. CRC:ik Enclosures Very truly yours, Charles R. Cuddy Mailing Address: PO Box1547 Riverhead, NY Il901 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 Tel' (631) 369-8200 Fax: (631) 369-9080 e-mail: charles.cuddy(a~verizon.net Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Attn: Linda Kowalski October 16, 2008 Re: Michael Judge and Ellen Costello SCTM#1000-83-2-11.14 Dear Ms. Kowalski: CRC:ik Enclosures Enclosed is an Affidavit of Mailing together with the white receipts postmarked by the Post Office as proof of mailing legal notice in reference to the above application to the adjoining property owners. Very truly yours, Charles R. Cuddy /j CHARLES R. CUDI)Y ATTORNI.:Y AT LAW 4.45 ©R 1FFING ;\V E N! TE I~IVERI1E,\I), NEW YOP~K Mailing Address: 1~O. klo~ 1547 Riv~,,'l~,,,~d, NY 119(31 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 September 3, 2008 TEL: (631) 3(19 F,\X: (631) 369-cXkq) Re: Michael Judge and Ellen Costello-13007 Oregon Road, Cutchogue, NY SCTM#1000-83-2-11.14 Dear Board Members: ~ / J ., ~.~/q Supplementing our earlier submission enclosed is a plan' from the architect showing the mean roof height of the house as 32'8". Please make this part of the application materials previously forwarded. CRC:ik Enclosures Very truly yours, Charles R. Cuddy *laihn~ Aclclrc.~: [~.i;,crl~cad, NY I [901 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 CHARLES R. CUDDY ATTORNEY ,\T LAW 445 GRiFFING ,\VENI RIX IzIxHE,\I),NI:W August 19, 2008 TEL: (631) 369 82/~) FAX: ((731) AUG I 5 ~O?,ED OF A7:7'7) L~ Re: Michael Judge and Ellen Costello-13007 Oregon Road, Cutchogue, NY SCTM#1000-83-2-11.14 Dear Board Members: Supplementing our correspondence of August 15, 2008, we now enclose seven (7) copies of the second floor plan of the Judge-Costello home. Please include this with the application materials previously forwarded. CRC:ik Enclosures Very truly yours, Charles R. Cuddy OIARLES R. CU DI)Y A'I'TOI.?.NI~Y AT LAW 44.$ Gl21 iZFING ,\\/1~ N 1 I E 1'~1V 1~1,~ H IL\ I ), N E \V YORK I~O. N,× 1547 l{iver]aead, NY 11901 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 August 15 2008 TEL: (631) 369 82~X) FAX: (631) 369-(tkq) AUG P, OAaD OF APPEALS Re: Michael Judge and Ellen Costello-13007 Oregon Road, Cutchogue, NY SCTM#1000-83-2-11.14 Dear Board Members: Enclosed please find the Zoning Board of Appeals application package, requesting a variance for the conversion of the third floor of the existing newly constructed home into an office space: 1. Seven (7) sets of application to the Zoning Board of Appeals: a. Application together with the Declaration of Covenants and Restrictions b. Notice of Disapproval from the Building Department c. Short Environmental Assessment Form c. Applicant's Project Description d. Questionnaire with the attached existing Building Permits e. LWRP f. Disclosure Affidavits of Michael Judge and Ellen Costello g. Authorization Letter h. Copy of the Deed g. Survey h. Diagram i. Check in the sum of $400.00 Please advise if the application is in order and when this matter will be placed on the Board's agenda. CRC:ik Enclosures Very truly yours, Charles R. curdy Box 1547 Ri;,erh,~=rl, NY 11901 CttARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFI NO AVE N[ 7E itl \,' i~ l~ l tEAI), NEW YOI~K TEL: (631) 369-8200 FAX: (631) 369-90cq) E-maih charle s. c uclcly (C0verizm~. x~et July 25, 2008 Damon Rallis, Permit Examiner Building Department Town of Southold PO Box 1179 Southold, NY 11971 Re: Michael Judge and Ellen Costello-13007 Oregon Road, Cntchogue, New York Dear Mr. Rallis: Pursuant to our conversation, we are enclosing a Building Permit application for the third floor of the Judge/Costello home. As previously indicated the home is sprinkled throughout and this finished attic area is to be used as an office by Mr. Judge. Please proceed with review of this application. Very truly yours, CRC:ik Enclosures 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 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville August 20, 2008 Zoning Appeal No. 6209 Transmitted herewith is Zoning Appeals No. 6209 of Michael Judge & Ellen Costello- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover letter from Charles R. Cuddy listing the following: Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Applicant Transactional Disclosure Form, Authorization letter from Michael Judge & Ellen Costelto to Charles R. Cuddy to Represent them in this Matter, 4 Pages of Deed to Property, 9 Pages of Recording Page & Covenants, Restrictions & Easements, Application for Building Permit for Use of third floor as an office Dated July 21, 2008, Building Permit for Accessory Garage Dated April 4, 2008, Notice of Disapproval from Building Department for the Conversion of attic to third floor office Dated August 4, 2008, Building Permit #33792 for Construction of 1 Family Dwelling Dated April 4, 2008, Survey of Proposed Construction Prepared by Young & Young Dated January 30, 2008, 2 Pages of Attic Floor Plan Prepared by Foley-Fiore Architecture Dated 08/14/07. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/19/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP R~:CEIYED JUDGE, Michael & 708 $400.00 6209 COSTELLO, Ellen AUG 2 0 2008 Sou~ ,~olcl Town Clerk $4O0.0O By__ Thank ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 08/20/08 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt#: 27871 Reference Subtotal 62O9 $400.00 Check#: 708 Total Paid: $400.00 Name: Cuddy, Charles 445 Griffing Avenue Riverhead, NY 11901 Clerk ID: CAROLH Internal ID: 6209 APPEALS BOARD MEMBERS Gerard R Goehringer. Chairman Rulh D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtow n.northlk, rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold. NY 119714)959 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, 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: 9:50 A.M.M. JUDGE and E. COSTELLO #6209. Request for a Variance under Section 280-18, based on the Building Inspector's August 4, 2008 Notice of Disapproval concerning a new dwelling (under construction) for which a third-story is proposed for use as an office rather than attic space, at 13007 Oregon Road, Cutchogue; CTM 83-2-11.14. 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: October 6, 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 YORKJm, 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°f Oct°ber'2008' ~/~.2~ ~~ Principal Clerk Sworn to before me this ~5~t dayof ~)~---¢~---¢~ 2008 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD O1~ APPEALS THURSDAY. OCTOBER30. 2008 pUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning).Town of Southoid. the following public hear i~s will be held by the SOUTHOLD ~¥¢I~r,~t~I~G BOARD OF AP pF. hkl~,~t~n~,Town Hall, 53095 Main Road: ~P.O. BoX 1179. Southold, New York. l~g/lk0959, on T~ ~I(NN and ARTHUR BOULANGER g6211. Request. for a Variance,trader Section 280-15.based on tl~,~Bhlldig, g Inspector's June 23, 2008 Noti~ of Disapproval concerning a pro- posed a~essory garage m a front yard rather than the rear yard. at 1150 Van- stoi~ Rbad, Cutchogne: CTM 111-4-6. 9.30 A.M. COSTAS TERZIS # 6212. ReqUests:Iht Variances under Sections 280~14 and 280-124. based on an ap- plication for a building permit and the ltuildldg Inspector's October 8. 2008 amended Notice of Disapproval con- eer~Jng as-built construcuon which ex ceeds the code hmitat~on of 2-1/2 stones in height and lot coverage hm~tation of 20 percentage of the binldabk area oi the lot, and which is set back at less than the code required minimum of 35 Iect in the rear yard, Location of Property: 765 Dogwood Lane, Southold; CTM 54 5 32. 9:40 A.M. THOMAS and MARY IRENE MARRON # 6216. Requcqt tur Variances under Sections 280 I10B and 280-124, based on an application fei' a building permit with amended 'plans to allow new construction instead of addi tions and alterations to the dwelling as applied and granted on 2/10/08 undei ZBA #6110. Ti~e Building Inspector's August 20, 2008 Notice of Disapproval states that the former dwelling was demolished, and a new single-family dwelling construction is proposed. ZBA # 6110 was a request for additions ~md alterations to an existing dwelling at less than the 15 feet on one side, and ZBA g5797 was a request for additions at less thtm 75 feet Io the. existing bulkhead and adjacent to Jockey Creek, at 3125 Wells Avenue. Southold; CTM70-4 i0. 9'.50 A.M. M, JUDGE and E. COS- TELLO 06209. Reque~, for a Variancd ufider Section 280-18, based on the Building Inspector's August 4, 2008 No- tice o£ Disapproval concerning a new · dwelling (under construction) for which a third-s~/>ty is proposed for use as an of [/ce rather than attic space, at 13007 Orc- gon Road, Cutehogue; CTM 83-2-11.14. Ri'S~I N A' 9'OLIN SKI NOTARY PUBLIC-STATE OF NEW YO~K No, 01-V06105050 10.00 A.M. HELEN and PETER LOUCA #6213. Request for Variances under Sections 280-122A and 280- 124, based on the Building inspector's amended August 8, 2008 Notice of Dis approval concerning additions and al- terations to the extsung dwelling, which create a new nonconformance and in- crease degrees el cxIsllng nonconform- ing setbacks with regard to a single s~de yard at less than 10 feet ant total side yard setbacks at less than 25 feet on this 10.454 square toot parcel. Location of Property: 475 Mirmm Road· Matti~uck: CTM 99-1-32. 10:10 A.M, VINCENT LAROCCA #6208. Request for Varmnces under Section 280 15. based on the Building Inspector's May 30. 2008 Notice of Dis approval concerning as-built accessory slructure,~ in the Iron~ yard. rather than a code-defined rear yard. at 185 West Creek Avenue Cutchogue: CTM 103- 13-22.1. 10:25A.M. JOAN E. SHANNON 06214. Reques~ for Variances under Sec- nons 280-122A and 180-124 based on the Building Inspector's August 1. 2008 No- tice of Disapproval noting a proposed demolition, renovations and additions, with an ~ncrease in the degree of non confonmng concerning a side yard set hack al tes~ than ~5 feet and total side yards at less than 35 feet. at 7080 Great Peconic Bay Boulevard and adjacent to Great Pecomc Bay, Laureh CTM 126- 117 10:35 A.M. PATRICIA and ROB- ERT FRIEMANN #6217. Reques~ for a Varmncc under Section 280 116B based on an amended application lot a bugd mg permit and th~ Building Inspector's demolition of an existing dwelling), at 11:00 A.M. ESTATE OF SUSAN properties involved in this unmerger quest are shown on the Map of Easter n Shores as: (1) GYM 33-2-27, vacant land, with a nonconforming area of 21,289 square feet, and (2) CTM 33-2 28 with a house, of a nonconforming area of 20,602 square feet for CTM 33 2-28. Lo- cation: 1225 and 1135 Green Hill Lane. Greenport. 1:00 P.M. STEVE and OLGA TENE- DIOS #§198. Request for Variances un der Sections 280-124~based on the Build- ing Inspector's June 30, 2008 amended Notice of Disapproval goncerning a proposed new dwelling, after removal of the existing building(s) for placement on a new location with pilings or other foundation after house is elevated~ and a propdsed enlargement to connect the re located house to the existing garage,The property has zero buildable land, being on the sea side of the Coastal Erosion Hazard Line, The Building Inspector's reasons for disapproving the building permit application are that the proposed construction will be: (1) less than ~0 feet on a front yard; (2) 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% (100% lot coverage for zero build able land area). Location of Property: 1625 North Sea Drive, Southold; CfM 1000_54-4z18 (adjacent to dunes and Long Island Sound). 1:30 P.M. (Continued Hearing}: 2000 BROADWATERS LLC 06186. Requesl for a Variance under Section 28(I /24, based on the Building Inspector's May 12, 2008 Notice of Disapproval con- a setback at less than the code ~c0u0cd 35 feet from the trent 10t linc {Mtcr tlc molishing the existing building) ul 2000 Broadwaters Road, Cutchoguc; Cq M Tae Board ol Appeals will heal all persons, or their replesentatives, dcsir lng to be heard at each hem lng, andiot desiring to submit written statements before the conclusion of each heat lng. Each hkaring will not start earlier than designated above. Files are avail able for review during regular busit~ess hours and prior to the day of the hear lng. If you have questions, please do nOl hesitate to contact our office at (631) 765-1809,'or by emaih Linda,Kowalski¢ Town,Southold.ny.us. Dated: October 9, 2008, ZONING BOARD OF APPEAI,S GERARD E GOEHRINGER. CHAIRMAN BY LINDA KOWALSKI ~ ~v-~gqS':Mai$1 Road (Office Location) :_j ~5 .~i, ain Road (Mailing/USa?S) Southold. NY ] 1971-0959 TOWN OF 5GUTHOLD PROPERTY RECORD CARD - RES. ?~r-7'-. t~ SFAS. LAND ] tMD. Hoodlancl ;~vampIand ~rushland Ytal STREet' ' TOTAL FARM DATE VILLAGE REMARKS OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET ACR. TYPE OF BLD. PROP. CLASS TOTAL DATE REMARKS FRONTAGE ON WATER BULKHEAD 'f LOT HOUSE/LOT TOTAL · t O 1,5-~- Fo.,,dotio,, JF-C. Bath Floors Ii II Interior Finish Heo¢ Attic Rooms 1st Floor Rooms 2nd Floor COUNTY O[ sOdflD x x,. L/ ZONiNG BOARD OF APPEALS TOWN OF SOLU'HOLD: NEW YORK hi the Matter of the Application of _Michael Judge and Ellen Costello (Name of Applicants) Regarding Posting of Sign upon Applicant's Land identified as 1000- 83 2 11.14 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN ], Charle_s R. Cuddy residing al 1500 Maratooka Lane, Mattituck , New York, being duly sworn, deposc and say lhat: On the 2o _day of October .... ~2008_, I personally placed thc Town's official Poster, wifl~ the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street o~ right-of-way (driveway entrance) - fi~cing the street or facing each slreot or right-of-way entrance;* and that I hereby conf~rm Ihal thc I'oste~ has remained in place £or seven days prior to tl',ht date the subject heming date, which hearing date was shown lo be October 301 2008 Sw0m to before me this da5' of October · 2008 (S~gnantre)' y (Notary P#ONA KODYM Notary Public, State of New Yon~ No. 01 KO6088388 Qualified in Suffolk County Commlmilon Explre~ March ~, *near lhe entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matler of the Application of Michael Judge and Ellen Costeiio~ (Name of Applicants) CTM Parcel #1000- 83 2 - 11.14 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) [, Iwona Kodym residing at. Bergen Avenue Mattituck , New York, being duly sworn, depose and say that: On the 10th day of October ,2008 , I persoually mailed at the United States Post Office in Riverhead , New York, by CERT][FiED MAIL, RETUP, N RECEIPT REQUESTED, a tree copy of the atlached Legal Notice in prepaid envelopes addressed to current owmers shov, m on the current assessment roll verified from the official records on file with the ( 70 Assessors, or ( ) County Real Property Office _, for every property which abuts and is across a public or priw~c street, or vehicular right-of~way of record, surrounding the applicant's property. -- ' (Si~lature) /~ ' Sworn to before me this /P./4~/day of p~ctober ,2430 8 i/ / ' (No~a~ Public) lilly LO.I# ~lntlcrOae N~ii~ Public 8t~l of New Yoft( No. 01~051325 Suffo~ C~l~tly Comml~lon Exl~re~ Nov. 20, PI. EASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owne~ names and addresses lbr which notices were mailed Thank you SCTM# 1000-83-2-7.3 Scott Kaufman 249E 48th St. New York, NY 10024 SCTM#1000-83-2-11.13 Louis C. Corso Ors Corso PO Box 1287 Cutchogue, NY 11935 SCTM#1000-83-2-12.3 Morell LLC PO Box 1287 Cutchogue, NY 11935 SCTM#10~0-83-2-12.5 Oregon LLC PO Box 1287 Cutchogue, NY 11935 SCTM#1000-83-2-12.6 Oregon LLC PO Box 1287 Cutchogue, NY 11935 SO.§9 Scott Kau fman Oregon LLC .................................... ~o,~O~o~No. pa Box 12.8l .PO. Bm~ 2282 ................................................. Cutchogue, NY 11935 m $2.20 $ $5.49 Postage Ceriilied Fee Return Receipl Fee {Endorsement Required} · Compete items 1, 2, and 3. Also complete item 4 ff Restricted Delivery is desired. · Pdnt your. name and eddmss on the mveme 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. Louis C. Corso Ors Corso PO Box 1287 Cutchogue, NY 11935 2. ArUcleNumber ~mnsferfromserv/celabe~ [] Agent [] Addressee ~y ( Printed Name) C. Day of I~ eliveb~ D. Is delive~J address different from item 1 ? [] Ye If YES, enter delivery address below: [] No 7007 0710 0005 6799 2369 plete items 1, 2, and 3. Also complete t If Restricted Delivery is desired. · ~,. ~,~ your name and address on the reverse so {hat we can return the card to you. · Attach this card to the back of the mailpiane, or on the front if space permits. 1. Article Addressed to: Orec o n (rra PS Fo _ . , A. Signature [] Agent [] AddreSsee ~ of Dellve~J D. Is delivery address different from Item 1 ? If YES, enter delivery eddre~s below: [] No Service Type [~Certlfled Mall [] Express Ma~l [] Registered [~ Return Receipt for Merchandise [] Ir~ured M~il [] C.O.D. · ~,ornplete items 1, 2, and 3. Also comptete item 4 ff Restricted Delivery is desired. · print your name and eddmss on the mveme 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. Art~le Addressed to: Morell LLC PO Box 1287 Cutchogue,NY 11935 PS FI Signature printed Name) ). Is deliver/eddr-~ss different from item 17 ff YES, enter delivery address below: [] No 3. Service Type ~Certifled Mall [] Express Mall . J [] Registered ~'Retum ReCeipt for MerChandise J [] Insured Mai[ F1 C.O.D. J 4 Restricted Deliver? (Extra F~eJ [] yes 102595~)2-M-1540 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME JUDGE, M./COSTELLO,E. #6209 MAP # 83-2-11.14 VARIANCE ALTERATIONS (DWELLING) REQUEST Convert Attic to third floor office DATE: THURS, OCT. 30, 2008, 9:50 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (63l) 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~, 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 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 mailinq 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 hearin.q, 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 22nd: 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. O~ffice__ Location:__ Town Annex/Filst 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 M~ailing A~ddre~: 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 NUMBER: 765-1809 (press 1 at voice recording) REFERENCEA:: [] URGENT [] ,~OR Y(31JR UPDATE [] PLEASE COMMENT [] AS nEQUES2I,:i) [] NOTES/COMMENTS: Please find attached copy/copies of the follox~4ng: Thank you. Sender's Initials: APPEALS BOARD MEMBERS 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, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 20, 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 #6209 Action Requested: Within 500 feet of: Owner/Applicant: JUDGE Alterations ( ) 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, Encls. Gerard P. Goehringer ZBA Chairman