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APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDiNGS, DELIBERATIONS, AND DETERMiNATION MEETING HELD JANUARY 22, 2009 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 RECEIVED -+ ?:07 F,,EB 4 2009 . $outhold Town Clerk ZBA # 6268 - ROMANELLI REALTY, Applicant PROPERTY LOCATION: 36660 Route 25 (Main Road), Cutchogue CTM 97-3-3.1 (formerly 97-3-3) and 200 Skunk Lane, CTM 97-3-6.1 (formerly 97-3-6) SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMiNISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property is located in the LB Limited Business Zone District and is currently shown as County Tax Map Parcel 1000-97-03-03.1 containing a lot area of 63,338 square feet (nonconforming), with 157.20 feet along the front yard lot line at the Main Road (N.Y.S. Route 25), 164.44 feet x 64.53 feet x 98.52 feet x 215.14 feet x 223 feet x 24.25 feet x 158.12 feet. The adjacent lot (now or formerly of Midgley) is currently shown as County Tax Map Parcel 1000-97-03-6.1 containing a lot area of 22,701 square feet (nonconforming), and 139.99' along the front yard lot line at Skunk Lane x 234.92' x 64.77' x 209.25'. BASIS OF APPLICATION: This request is based on the Building Inspector's December 16, 2008 Notice of Disapproval and the applicants' request for area variances concerning a change of lot line between two nonconforming parcels. The Building Inspector's Notice of Disapproval states that the minimum lot size requirement in the LB Zone District is 80,000 square feet, and the applicant requests approval of a reduced lot size containing 63,338.05 square feet for County Tax Map Pamel 1000-97-3-3.1. AREA VARIANCE RELIEF REQUESTED: The relief requested is for a transfer of 2,584 square feet of land area from the applicant's 65,992 square foot parcel to the adjacent parcel now or formerly of Midgley. The applicant's parcel is reduced in size to 63,338 square feet. The adjacent lot is increased from its nonconforming size of 20,117 square feet to 22,701 square feet, all as shown on the January 29, 2003 survey updated June 2, 2008 by Stanley J. Isaksen, Jr., L.S. Page 2 - January 22, 2009 ZBA # 6268 - Romanelli Realty, Applicant CTM 97-3-3.1 (formerly 97-3-3); CTM 97-3-6.1 (formerly 97-3-6) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 8, 2009, 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 tree and relevant: 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 relief will not produce an undesirable change in the character on the neighborhood and a possible detriment to nearby properties because the 2584.01 sq ft. that is the subject to the lot line change will not be apparent to the surrounding properties and the workshop will continue to be used as it has in the past. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The applicant has no control over the actions of the previous owner and the town building department. The granting of an area variance is the only practical avenue for the applicant to achieve the benefit sought. 3. Town Law §267-b(3)(b)(3)(3). The variance granted herein is not substantial, representing less than 4 percent of the original square footage of the lot. 4. Town Law §267-b(3)(b)(3)(5). The difficulties have not been self created and were caused by the actions of the prior owner and the Building Department's granting of a building permit and a certificate of occupancy. 5. Town Law §267-b(3)(b)(3)(4). There has been no evidence submitted to suggest that a variance in this neighborhood may have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant will still have the original lot he purchased and the prior owner will still own the land upon which he built a workshop he will continue to use. 6. Town Law §267-b. The grant of the requested relief for the area variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a lot line change, while preserving and protecting the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the January 29, 2003 survey updated June 2, 2008 by Stanley J. Isaksen, Jr., L.S. 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 Page ~- January 22, 2009 ZBA # 6268 - Romanelli Realty, Applicant CTM 97-3-3. l (formerly 97-3-3); CTM 97-3-6.1 (formerly 97-3-6) 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 minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Oliva, Simon and Weisman. This Resolution was duly adopted (5-0). RUTH D. OLIVA, VICE CHAIRWOMAN / -/,g~/2009 Approved for Filing / J \ \ FOUND \ \ \ \ cONC \ / / ZONED LB ZONED RSO N/F GENOVESE AREA TO BE TRANS / // / / J ~BoO $.F. N 81'57'50"E N/F BAUER ~ N/F NANNINGA 0 cON( mP 209.25' (pROPOSED) N/F MINNEGAN MINOR SUBDIVISON MAP OF ROMA£LLI AT CUTCHOGU£ SITUATE CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: ROMANELLI REALTY, /NC. ....... 22,701 SF NOTE DEC 1 7 2O08 INAL MAP '-----I_ EVIEWED BY ZBA I EE DECISION # ~ I ATED / I~_~.~ I ~OOC~ J SURVEYED BY STANLEY J, ISAKSEN, JR. P O. BOX 294 NEW SUFF/CLK. N.Y 11956 ~,~ N,. ~-~ AMENDED: November 19, 2007 ~4~' ~-'-'~' AMENDED: June 11, 2009 ~ TO: Romanelli Realty PO Box 1412 Southold, NY 11971 Please take notice that your application dated February 27, 2007 For permit for to create a contractor's yard with three principal buildings with multiple tenants at Location of property: 36660 Route 25, Cutchogue, NY County Tax Map No. 1000- Section 9~7 Block~3 Lot 3.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 63,338 square foot lot in the Limited Business (LB) zone is not permitted pursuant to Article IX, Section 280-42 (A), whish states, "Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." Pursuant to bulk schedule, one use per 80,000 square feet is allowed in the LB zone. The proposed construction constitutes three distinct uses on the property and would require the property to be 240,000 square feet in total size. In addition, the proposed construction is not permitted pursuant to Article IX, Section 280-43c4 which states, "A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street." The proposed principal use building #1 notes 75 linear feet of frontage on Route 25. Proposed principal use building #3 notes 80 linear feet of frontage on Route 25. Proposed principal use building #2 is not permitted pursuant to Article IX, Section 280-42 (A), which states, "Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules inch_ ~orated i~to tb_i~,chapt~ by reference, w/th4he samafforc~and such regulations were set forth herein in full." Bulk Schedule requires a minimum rear yard setback of 75 feet. Following the proposed construction, principal building #2 will have a rear yard setback of 40 feet. Proposed principal use building #2 is not permitted pursuant to Article IX~ Section 280-42 (A), which states, "Except as otherwise provided herein, no buildings or premises shall be used and no building or part thereof shall be erected or altered in the LB District unless the same conforms to Bulk Schedule and Parking and Loadin~ Schedules incorporated into this chapter by reference, with the same and effect as if as if such regulations were set forth herein in full." Bulk Schedule requires a minimum side yard setback of 20 feet. Following the proposed construction, principal building #2 will have a side yard setback 6f 10 feet. In addition, the proposed use requires special exception approval fi.om the Southold Town Zoning site plan approval fi.om the Southold Town Planning Board This Notice of Disapproval was amended on July 26, 2007, following the submigainn of an amended site )lan/survey, revised 7/13/7, by Garrett A.. Strang, Architect~ and on Noym~be~ 1! s~e~p~lan subm'il X ~}7~o c~rrect an error, and on June 11~ 2009 to address a new :ed, March 3, 2009. / Note to Applicant/Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, planning Board, ZBA TO%~ OF$OLWHOLD BUILDINO DEPARTMENT $OUTHOLD, N.Y .NOTICE OF DISAPPROVAL Caz;'~r~e Mesian~ for Pl*.~se t~k¢ aoflee that your application dated December 20, 2008 For pcrmil ~~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE ZONING 'BOARD OF A. PEALS THOMAS A. ISLES, A.I.C,P DIRECTOR OF PLANNING January 6, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administxative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Ap plicants Municipal File Numbers Baeeile, Peter 86266 Romanelli, Realty LLC #6268 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds 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) 8534044 P ~NrNING BOARD MEMB R JER. YN B.,WOOD.GUSE Chair ~KENNETH L. EDWARDS GEORGE D. SOLOMON / TO~ OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chair~ Members of the Planning Board Date: January 5, 2009 Re: ZBA# 6268 - Romanelli Realty Inc. Lot line change (resubdivision) SCTM#1000-97-3-3.1, 63,338 s.f. (Lot 3.1) (formerly 1000-97-3-3, 65,922 s.f.) & SCTM# 1000-97-3-6.1, 22,701 (Lot 6.1) (formerly 1000-97-3-6, 20,117 s.f.) The Planning Board received your request for comments regarding the above referenced application for a lot line change in the Limited Business (LB) and Residential - 80 (R-80) Zoning Districts. The application has been reviewed, and the following comments are for the Zoning Board's consideration. The request by the applicant is to permit a lot line modification of two parcels having separate zoning designations that share a common boundary line and are located on the Main Road and Skunk Lane in Cutchogue. New Lot 3.1 is zoned LB and New Lot 6.1 is split-zoned R-80 and LB. The two parcels share a lot line where a prior owner, once owner of both parcels, changed the deeds to create a new lot line, but failed to file the proper application with the Town Planning Board to create a new lot that could be legally recognized by the Town. This action is to rectify this oversight. As per section 280-9 of the Town Code, the current site plan application on Lot 3.1 cannot be processed because the parcel does not meet the standards for lot recognition and first requires Planning Board approval for a re-subdivision. This application was sent to the Zoning Board when it was noted that the new lots created by the lot-line modification would create a lot that is more non-conforming in size than it was, and would create a residential lot containing a small amotmt (2,584 s.f) of LB zoned land. The Planning Board supports the variances necessary to complete this action for the following reasons: While the original Lot 6 was already non-conforming in size having 20,117 S.F. where 80,000 is required, the land being transferred adds 2,584 s.f of additional land, making it less non-conforming. The original Lot 3, zoned LB, is also non-conforming in size having 63,338 S.F. where a minimum of 80,000 s.f. is required, however the small amount of land being transferred away is only four percent of the property, and is not expected to cause any problems with future planning for the parcel beyond what would already exist for this sub-standard sized parcel. Although the property being transferred to the new Lot 3.1 is in a different zoning district than that of the receiving parcel (LB to R-80), it is so small in proportion to the rest of the lot and the required minimum size for a commercial use (3%), that it renders the LB portion of the property irrelevant as the R-80 zoning will prevail on the entire parcel. Based upon the above, the Planning Board would recommend that the area variances be granted. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. JAN - 6 2.009 Lot Line Change Romanelli ReaKy Inc. 36660 Main Road, Cutchogue SCTM~ 1000-97,-a-:~. 1 Fee: $~i~l;dBy: C/¥~L~v~ O_¢~ Date~si~e~Assi~mentNo. om~' ~) ' ~ d APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPI OF APPEALS Parcel Location: House No. 36660 Street Main Road Hamlet Cutcho.que SCTM 1000 Section 9..[7 Block _3 Lot(s) 3.._~1 Lot Size 63338.05 sq.ft. Zone District LB I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 16, 2008 Owner as Applicant: ROMANELLI REALTY INC. Mailing Address: P.O. BOX 696, SOUTHOLD, NY 11971 Telephone: 631 765 3767 Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Catherine MesianoI inc. Address: 12 Mill Pond Lane, East Moriches, NY 11940 Telephone/Fax: 631 878 8951 Cell#: 631 553 3992 cmesiano~_ootonline.net Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) X Authorized Representative [] [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12110/2008 FOR: [] Building Permit [] Certificate of Occupancy [3 [] Pre-Certificate of Occupancy [] Change of Use [2 Permit for As-Built Construction Other: LOT LINE CHANGE Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIll Section 280- 42 Subsection Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. [3 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 [3 [] has X has not been made with respect to this property UNDER Appeal No. Year (Change of zone -1958. Documentation attached) Lot Line Change Romanelli Realty Inc. 36660 Main Road, Cutchogue S C'I'M~ 1000-97-3-3.1 Page 2 of 3. Appeal Application Part A: AREA VARIANCE REASONS (1.) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: o O The 2584.01 sq. ft. subject to the lot line change is not apparent The workshop on the Midgely 200 Skunk property, which now includes the additional 2584.01 sq.ff., is constructed on that portion of the property (2.) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The practical difficulties caused by the actions of the prior owner and the Building department's granting of a building permit and CO have led to the current situation This action is the only avenue for establishing lot recognition. (3.) The amount of relief requested is not substantial because: o The area of the variance requested is approx. 2584.01sq.ft (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: o this is an "as is" existing condition. Has the variance been self-created? (X*) Yes, or ( ) No. *by the prior owner If not, is the construction existing, as built? ( ) Yes, or ( ) No. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: this is an "as is" condition This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. S~orn to before me this day of~j~G~2008. (Notmy ~ubli¢) DEC 1 7 2008 CONNIE O. BUNCH NotaTy Public, Stat8 of Nell/YOlk No. 01BU6185050 QualifiedinSuffolkgl~ ~ .~ Commission Expires Apd114, 20,J,.,~ TOWN OF SOUTI~OLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown,Not~hF0rlcnet Examined ~ ~ 20 Approved ,20__ Expiration ,20 I~OG. DEPT. TOWN OF $OUT~OLO PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST ~ Do yo~e._BoardOr of Healthneed the following, before applying? 4 sets of Building Plan~ planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: "~ Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS / lO ,20o a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit 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 aiter the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Depar~nent 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. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lesseer~gent, architect, engineer, general contractor, electrician, plumber or builder 0 'b . Nameofownerofpremises ~O~O,.-~*-[[, ~ O~\~'-, (As on the tax roll dr latest deed) ...... If apl~licatut is a cf~[poration, signature of duly authorized officer (Name and title of corporate o~cer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed/,~ork will be done: House Number Street Hamlet County Tax Map No. 1000 Subdivision Section Lot ~. I Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occup,_.ancy'J~;}df~ It ~¢ Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars Additaon Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, 'if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stori~ 8. Dimensions of entire new construction: Front Rear Height Number of Stories ~,:'': ::, 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO __ 13. Will lot be re-graded? YES NO Will excess fill be removed t~om premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone NO. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MA'/' BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property?. * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF~ 0~' ~q'e._ ~k~ ~,, IC~_~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~ <3 - (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 ftc this application; that all statements Contained in this application are mae to the best of his knowledge and belief; and that the work will be performed in the m~n~er set forth in the application filed therewith. Sw~m to before me tl~ _ It ~t9 ,,n [(J , day of _~,~i~20~ Lot Line Change Romanelli Rea~ Inc. 36660 Main Road, Cutchogoe SCTM~ 1000-97-3-3,1 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Fo Is the subject premises listed on the real estate market for sale? { } Yes {X} No Are there any proposals to change or alter land contours? { } Yes {X } NO 1) Are there any areas which 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/a 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 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 which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." None Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. None Do you or any co-owner also own other land close to this parcel? No Please list present use or operations conducted at this parcel. Vacant and proposed use contractors' yard Date: December 15, 2008 DEC 1 7 2008 Lot Line Change Romanelli Realty Inc. 36660 Main Road, Cutchogue S CTIV~ 1000-97-3-3.1 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Romanelli Realty Inc. Date Prepared: 12115/2008 I. For Demolition of Existing Building Areas Please describe areas being removed: A: 58.4' x 19.9' wood frame storage building B: 20' x 72' wood frame storage building C: 10.4' x 10.8' frame shed D: 36.4' x 22.9' irreg, wood frame barn and 26.2' x 18' foundation II. New Construction Areas (New Dwelling or New Additions/Extensions): see plan attached Dimensions of first floor extension: Dimensions of new second floor Dimensions of floor above second level 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: III. Proposed Construction Description (Alterations or Structural Changes 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 Itt coverage (from surveyor): Existing square footage of buildings on your property: 2264.44 sq.ft Proposed increase of building coverage: 15.8% Square footage of your lot: 83,338.05 sq.ft Percentage of coverage of your lot by building area: 3.5% existing; 19.3% proposed V. Purpose of New Construction: 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): Generally fiat. 2008 Lot Line Change Romanelli Realty Inc. 36660 Main Road, Cutchogue SCTM~ 1000-97-3-3.1 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 e-mail: cmesiano@optonline, net TO: Town of Southold Zoning Board of Appeals FROM: Catherine Mesiano SUBJECT: Romanelli Realty LLC DATE: 12/17/2008 Please be advised that there are no Covenants & Restrictions recorded against the subject property. Catherine Mesiano OWNER FORMER OWNER RES_. LAND ~4 h AGE NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total SEAS. IMP. /-)66 NORMAL Acre TOWN OF SOUTHOLD PROPERTY RECORD CARD," STREET ~],~ 0 V'LL~GE VL. TOTAL IFARM DATE BELOW Value Per Acre DISTRICT j SUB. %.1' I COMM. ' I,ND. REMARKS ~///77 TYPE OF BUILDING ABOVE Value APPLICANT ,,EU 1 7 2008 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the pa~; ef-t~em .............. and employees. The purpose of this fo~ is to provide information which ~n ale~ the to~ of possible conflic~ of interest and allow it to take whatever action is necesoa~ to avoid oamo. YOUR NAME: John Romanelli NATURE OF APPLICATION: (Check all that apply ) Tax grievance Variance X Change of zone Approval of plal~__ Exemption from plat or official map Other (If "Other," name the activity) SITE PLAN, LOT LINE CHANGE 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 partiat ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares YES NO x you answered YES, complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 beneficiai owner of any interest in a noncorporate 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 day ' ' Signature (/"~'",~_~,. ~ ~ Print namS~/ John Romanelli 2008 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 6 Receipt Number : 04-0118437 TPJ%NSFER TAX NIrM~ER: 04-13126 District: 1000 Deed Amount: Section: Block: 097.00 03.00 EXAMINED AND CKARGED AS $335,000.00 Received the Following Fees For Above Instrument Exempt Page/Filing COE EA-CTY TP-584 $5 RPT $30 Transfer tax $1,340 $18 00 $5 00 $5 00 00 00 00 TR3tNSFER TAX ~ER: 04-13126 Recorded: 10/27/2004 At: 08:46:19 AM LIBER: D00012351 PAGE: 374 Lot: 003 .001 FOLLOWS NO Handling NO N-YS SRCHG NO EA-STATE NO Cert.Copies NO SCTM Con-wa. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County Exempu $5.00 NO $15.00 NO $165.00 NO $0.00 NO $0.00 NO $3,700.00 NO $5,288.00 Number of pages TORRENS Ce~ifi:a~c # Page/Filing Fee Handling TP-S84 Sub Total Sub Total .~ J Real Prop~rly Tax Service Agency Verification I Dist.t : s~,,iq. _.! ~, I s:.~p 04042923 ~ooo ogvoo 0300 oo3oo: Initials . ~0~/ PAUL A ~IN*~ ESQ PO BOX 846 SOUTHOLD h~ 11971 J 6 2. Addi6onaJ Tax ComnmniQ Preser%'ation Fund Consideration Amoun!$ 335,000.00 CPF Tax Duc $ 3,700.00 'fi) : o TD TD ] Title Company Information ~l!iance Abstract of NY, !nc. Suffolk County Recording & Endorsement Page Deed To in tl:e To,a,~hip of Scu'-'ho'-d :3::.:5: i] {5:U 9 ~:uS7 BE ]~'F'FD JIF. ?:,'.:.,: ED ? ?.. ~.::: :':}[ 0bLT Y:~! THIS iNDENTURE, made ~e 16th da~of ~eptember, 2004 and WILLIAM S. MIDGLEYr JR., residing at 200 Skunk Lane, Cutchogue, New York 11935 / o~. O0 pa~of~efirstp~,and ROMANELLI P~EALTY INC., a domestic corporation having its principal place of business at 88 East Hoffman Avenue, Lindenhurst, New York 11757 party of the second part, ~TT~E~SETH~ ~at ~e parbj of the first par% in conslderation of Ten and 00/100 ........ ............................. ($10.00) ........................... dollars, lawful money of the United States, and other valuable consideration ~d by ~e p~ d ~ ~ P~, d~s h~aby gr~t ~d m~ unto ~e ~ ol me ~d ~. ~e s~ce~ a~ ~igns of ~e p~ of ~e s~d p~ forever, ~ ~at c~n p~t. p~ ~ ~cel o~ ~d, w~ the ~i~ings and im~m ~ ~, s~- ~te,~ing~d~ at Peconic, in the Town of SOUthold, County of Suffolk and State of New York, bounded and described in Schedule A which is attached hereto. BEING ~ND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated Septe~er 29, 1978 and recorded in the Suffolk County Clerk's Office on October 2, 1978 in Liber 8507 Page 560, TOGETHER w~m all right, titte and interest, if any, of the party of the first part in arid to any streets and roads abutting the above described pcemises to the cemter lines thereof, TOGETHER with the a4~urte~ences and all the estate and rights of the ;:ratty of the first part in and to TO HAVE AND TO HOLD me premises herein granted un.to the part~, of the second part, the ;~eits or SUCCessors and assigns of the party of the second part forever. AND the party of the first pad covenants that the party of the first part has not done or suffete~ anything whereby the said premises have been idcurnber~:l in any way whatever, except as aforesaid, AND the part~ of the first part, in comp!lance with Section 13 of the Lien Law, covenents that the pa~y. of The word *part~" shall be construed as if it read *parties' whenever the sense of this indenture $o requires. IN WITNESS WHEREOF, the party of t~,e first part has duly executed this deed the day and year first William S, M~dg_s;;, Jr. Title Number A17072-04S Schedule A Description Page 1 ALL that certain plot, piece or parcel of land situate lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New Y..ork, bounded and . described as follows; BEGINNING at a cased post set on the southerly line of Main Road (NYS Rte. 25) at the northeasterly corner of land formerly of Juliet N. Brush, now of Bailey, and running along said southerly line of Main Road, North 55 degrees 54 minutes 40 seconds East 157.20 feet to a pipe set at the northwesterly corner of land now or formerly of Helen Rodgers; THENCE along lands of Rodgers and Midgley South 33 degrees 29 minutes 30 seconds East 158.12 feet to a point; THENCE still along land of Midgley North 81 degrees 57 minutes 50 seconds East 24.25 feet to a monument and land formerly of Adelaide Sayre, now Bauer; THENCE along land formerly of Sayre, now of Bauer South 07 degrees 08 minutes 40 seconds East 100.00 feet to a concrete monument set at the northwesterly corner of land formerly of William Richmond, now of Reno; THENCE partly along said land formerly of Richmond, now of Reno and partly along land now or formerly of isabel Ross now of Minnegan, South 13 degrees 19 minutes 10 seconds East 123.0 feet to a pipe set a.t the southwesterly corner of land now or formerly of Ross now of Minneganto land of Nico; THENCE along land of Nico, South 87 degrees 34 minutes 30 seconds West 215.14 feet to a concrete monument set at the southwesterly corner of the premises herein described; THENCE along .land formedy of Josephine Sitteck, now of Macad, North 27 degrees 02 minutes 00 seconds West 98.52 feet to a pipe set at the southwesterly corner of said lend formerly of Juliet N. Brush, now of Bailey; THENCE along said land formerly of Brush, now of Bailey two courses as follows: 1) North 56 degrees 52 minutes 00 seconds East 64,53 feet to a pipe; thence 2) North 27 degrees 46 minutes 30 seconds West 164.44 feet to the southerly line of Main Road (NYS Rte. 25) and the point or ptace of BEGINNING. SUBJECT to a 15 foot right-of-way adjacent to land of Helen Roger¢ running from the Main Road (NYS. Route 25) for s distance of 158.12 feet for purposes Titte N~Jmber A170'/'2-04S Schedule A Description - continued Page of ingress and egress to adjacent land of the Seller, Said right-of-way shall continue only for the life of the Seller after which time it will be extinguished, (FOR INFORMATION ONLY- PREMISES KNOWN AS DISTRICT I000 SECTION 097~000 BLOCK 03.00 LOT 003.001 FORMERLY KNOWN AS PART OF LOT 003.000), Acknowledgement taken IntY~k State Acknowledgement by Subscribing Witness taken in New york State subscdhed his/'r~r!their name{s} as a v, it~e~s thereto WILLIAM S. MIDGLEY, JR. TO R©~ELLI REALTY INC. DistriDuted DY I Chicago Title Insurance Compaa)' Acknowledgement taken in'York State (are) SUb$C~be~ to the wl[h~n instrument and acknowtedged to me that he/she/they executed the same in h~ner/tne~r capa~ty(ies), and thai by his/her/their slgnatu~e(s} on the SECTION O~ ~-,~.0 BLOCK O~. O0 COUNTY OR TOWN ~eturn by Mail to PAUL A CAF. iNIT! ESQ PO BOX $46 SOUTHOLD NY 11971 ZibNo ~u~ 15s 1953 Soul,old ~own Bc~rd ~outhoXd~ ~l~a~ ~ork This is to certify that the following actien was taken by the $outhold Tc~n Jr/arming Board on Ju/~ 15, lq58: Ir. the matter of petition of the Joint application of Frank B. Rmgere, Jr., add Midgle~- & Morton for · challge of zo~ ~ aA" Rea~ent~T a~ A~ic~t~al ~ "B" ~ess District, eer~iu real pro~rty ~ing at a mo~t on ~e $out~r~ 1~ of ~ ~d at Nor~est~r~ cor~ of la~ of ~lBert be~ about q5 feet ~s~r~ alo~ ~idlime ~om ~ wes~r~ line of ~y A~; r~ing alon~ said ~ of Alert ~c~, South ~3 de.es 20 ~u~s 30 seco~s ~st ~1.~ feet; thane a~ng ~ of Will~m N~gl~ Jr., a~ alo~ ~ of ~dgley ~d Hor~ns Sou~ ~ d~ees 29 ~nu~s 10 seco~s ~st 150.0 feet; ~ence s~i~ al~ ~ of M~gley and H~n, Nor~ 33 deL~ees 29 ~nu~s 30 s~co~s West 93.35 feet to said Sm~t[mr~ 1~ of ~in ~$ thence al~,~ sa~ $out~mr~ line, Mor~h 51 d~ees.,'~ ~u~s 10 seco~s ~st 150.0 feet ~ the p~int of be~. ~e above described ~oper~ is ~d by ~a~ B. ~*'s, Jr. T~ following land, owned ~! Midgley and Hurrah, sitm~ts at Peconic ar~l ~re ~rtim~r~ boun~d ~ ~scri~d as follows: ~m2~ at a ~sed ~s~ set on the s,~,ther~' lane of ~ ~ad at the N~eas~r~ CO~z~r of land of ~r~ russia, alo~ ~ souther~ li~ of ~ ~,N. ~5'54' 40" E.-l~.20 ft. to a pt~ set at the No~es~ corer of la~ co~yed ~ ~ank P~rs, Jr. ~ ~S t'. along said c ~od ~nd ~o courses, as follwa: (1) S. 33'2~ 30" E-~3.~5 ft. ~ a pi~; thence (2) N. ~'~q' 1~' E.-51.72 fit. to a concre~ ~nt set at the t~or~es~r~ corer of 1~ of Willi~ Midgley Jr., t~nce a~ ~id ~r~ Willi~ M~gl~ Jr., ~. 10'33, 1~ E,-IO0.~ feet. to a co~re~ ~n,~nt set at the ~2ort~es~r~dor~r of ~ of Ade~e ~yre; the~e alo~ ~i.~ ~ of Ade~e res ~. 7'~~ ~" E.-i~.~, ft. to a co~re~ a~m~n% set at t~ Ncr~es~r~ a,~ ~rt~v ~ la~ of ~bel ~ss, ~. 13'1~' 10" g.-~3.O ~. ~. a pl~ set at the south~e~r~ coro~ of la~ of I~l Rossi t~nce alor~ ~mi of Ad~ Doroski ~., S. ~'34~ 30" ~.~15.~ ~. ~ a co~mre~ ~,on~xt set at the s,-u~wester~ co~ of t e greases herein described; the~e ~l~g la~ of ~lter 81~eck, N-27'~' ~. ~.- ~8. 2 ~ ft. to a gi~ set at the Scut~es~r~ corer of said ~ of ~ro~ ~i~y; the ~lo~ a~Ji~ la~ of ,"~ro~ ~il~,~ t~ co~s~s, as follows~ (1) N. 56 52' ~" ~.~4.53 zz. ~ a Ol~/ t~nce (2) ~. ~ ~, ~O,, ,~.-16~.~, ft. to the.~oint of Con~i-~ 1.515 ac~es, ~f s~y of ~to ~. 9~n T~i ~,: Son, ~d ~rhc 30, -'~OUTHOLD, L.I.~ N.Y. It was the determination of the ~lanning ~,ard to reco~ a~pro~l of this a'~ca-.ion a~ alao to re~ ~ ~5 fee. Ve~ ~ ~.o~s, s(XrTHO[.r~ T~.~-~ PIA)~:I~-G D(M~RD WHEREAS, a petit,~n was heretofore tiled with the Town Board of the Town of SouthoId requesh~g ~ chanoe, m~;f~cotlon a~d amendment of the Build,ng Z~e Ordinance including the Building Z~ne MoDs made a part rher~f by chong- i~ from~.~..~{a~e..~.,*L~O .... District to...~?~...,,&~i~ ............. District the pr~rh de~crib~ m said petition, and WHEREAS sold petihon was dul~, referrecl to the Planning Board for ~ts investigation, recornmendohon and report, and its repurt howng beer fded w~th the Town E~oard, nnd thereeft[r, a pubhc heckling Jn reletior~ to s~id petition haying been duly held by the Town [~oard *~n the ...~,..~,~. ....... dc~. of ....... ~.~Jt~; ................ ig.r~.., and due deliberation havinl3 been hod thereon NOW, THEREFORE, EsE IT RESOLVED that the ~lief demanded in said petition be, and it hereby is Re: Variance Application - Lot Line change 36660 Main Road, Cutchogue SCTM# 1000-97-3-3.1 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: JOHN ROMANELLI , being duly sworn, deposes and says: I reside at -.,~,~..,,~-~ ~'Jtf .~c ,~ ,~J In the County of Suffolk and the State of NY , And I am the (owner in fee) (officer of the Corporation which is the owner in fee) of the premises described in the foregoing application and that I have authorized CATHERINE MESIANO, INC. to make the foregoing application as described herein. If ~p"rtoqf~ion, name ~/rporation ice;s Title ,' f Sworn before me this/~ day o ~f'~(,t. ,20/2.~ NANCY A. PESTER Notary Public, State of New York No. 4940985-Suffo k County Commission Exp res Aug 15, .~o/~ ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 19, 2008 Zoning Appeal No. 6268 Transmitted herewith is Zoning Appeals No. 6268 of Catherine Mesiano~ Inc. for Romanelli Realty~ Inc.- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Letter from Catherine Mesiano Noting that there are No Covenants & Restrictions Recorded, 2 Pages of Recorded Deed Dated 10/27/08, Copy of Bargain & Sale Deed Between Midgley & Romanelli Realty, Inc. Dated September 16, 2004Notice of Disapproval from Building Depmtment Dated December 16, 2008, Copy of Application for Building Department Dated December 10, 2008, Copy of Property Record Card, 2 Page Copy of Planning Board Report To Change Zoning of Property Dated July 15, 1953,Copy of Resolution from Town Board to Change Zoning Dated August 22, 1958, Affidavit from John Romanelli that he is an Officer of the Corporation Dated December 17, 2008, Copy of Survey Showing Existing & Proposed Construction Dated June 2, 2008 Prepared by Stanley J. Isaksen, Jr.. Land Surveyor. December17,2008 Gerard Goehdnger, Chairman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: ~I~ATHERINE MESIANO, INC-~ 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 Variance Application - Lot Line Change Romanelli Realty LLC 36660 Main Road, Cutchogue SCTM# 1000~97-3-3.1 Dear Mr. Goehringer: I am the agent for the above referenced applicant who is seeking relief from Article III Section 280-42 of the Southold Town Zoning Code for an "as is" lot line change to the above referenced property. A lot line change executed by the pdor owner resulted in the existing parcel to have been reduced 2584.01 sq. ft. to 63,338.05 sq.ft. On September 16, 2004 Romanelli Realty Inc. purchased the parcel known as 36660 Main Road, Cutchogue from William S. Midgely, Jr. Mr. Midgely also owns the parcel known as 200 Skunk Lane, Cutchogue. The two parcels shared an irregular common boundary line. Mr. Midgely wished to sell the Main Road parcel, but wanted to straighten the lot line. This was accomplished by Mr. Midgely by deed and the 2584.01 sq.ft, were attached to the Skunk Lane parcel. Subsequently, a building permit was granted for a' 24' x 32' wood frame workshop, the structure was constructed and a C.O. issued. Mr. Midgely then sold the Main Road parcel less the 2584.01 sq.ff, that had already been attached to his Skunk Lane property. Prior to the transaction, 36660 Main Road was identified as SCTM#1000-97-3-3 and contained 65,992.06 square feet. The deed into Romanelli Realty LLC is for a 63,338.05 sq.ft, parcel now identified as SCTM~1000-97-3-3.1 Enclosed please find the following: 1. Building permit application dated December 10, 2008 2. Notice of Disapproval dated December 16, 2008 3. Application 4. Z.B.A. Questionnaire 5. Project description 6. Statement regarding Covenants & Restrictions 7. Authorization 8. Transactional Disclosure Form 9. Assessor's property card 10. Minor Subdivision Map by Stanley Isaksen LLS last dated 6/2/08 11. Deed 12. 1958 Town Board resolution regarding change of zone Also enclosed is the applicant's check in the amount of $,~i~r the application fee. Thank you for your consideration. Very ~,u~/~ yours, /.~.~ Ca~e~i'de-M~sian o, Presideht Enclosures Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # Date: TOTAL NO. OF PAGES INCLUDING COVEI~ SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: ~9o~, ce.. [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: #9145 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 25th day of December, 2008. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8,2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown 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, LO. Box 1179, Southold, New York 11971- 0959, on THURSDAY. JANUARY g~ [ 2:30 PM. ROMANELL! REALTy_~ (~ iproperty tormerly of Midgley)-N ZBA # 6268 concerning property located ~ at 36660 Route 25 (Main Road) and 200~ / Skunk Lane, Cutchogue; CTM 97-3-3.1 ~ i and 97 3-6.1 (formerly 97-3-3 and 97-3 ] 6). This request is based on thc Building ] Inspector's December 17~ 2007 Notice ~ of Disapproval concerning an area vari- ance application for a change of 1ol line and the applicant's ~equest for approval of an LB Business Zone Parcel contain lng 63,338.05 square feet. The Notice of I Disapproval states that the minimum lot i size requiremcnt in the LB Zone District ~ is 80,(X~ square feet. and the applicant requests approval of a reduced lot size I containing 63,338.05 square feet for] ~C°unty Tax Map Parcel~ 100 -97-3-3.~-3.2.~. ~ oard of Appeals wm near all persons, or their representatives, desir- ing 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 e-mail: Linda. Kowalski@Town. Southold.ny.us. DateO: December 18.2008. ZONING BOARD OF APPEALS GERARD R GOEHRINGER, CHAIRMAN BY L1NDA KOWALSKI 54375 Main Road (Office Location) 53095 Ma~.Road (Mailing/USPS) EO. Box 1179 914~.1T L~.ZS Southold, NY 11971-0059 day of CHI~ISTINA VOLINSKI NOTAEY PUBLIC-STATE OF NEW YOI~K NO, Ol-V0610505¢ Ouollfl®d In Suffolk County Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road [ P.O. Box 1179 \~ Southold, NY 11971-0959 ..... http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 18, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planmng 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 # 6268 Applicant's Request: Within 500 feet of: Owner/Applicant: iW~',,-~-~-,~,,:,~.o'-'~-~ va. c . Subdivision Lot Line~.~;z-~-.) ( x ) State or County Road ( ) 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 ZBA Chairman Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 TO: FROM: DATE: SUBJECT: 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 TOWN MEMO Planning Board Gerard P. Goehringer, Chairman December 18, 2008 Request for Lot Line Change ZBA #6268 - Romanelli Realty Inc. Our Department has received and is reviewing the following application, and enclose a copy of the application with the surveyor site map. Your review and comments are requested at this time regarding the subdivision regulations. The file is available for review of additional documentation at your convenience. NAME TAX # / ZBA PLANS PREPARER ZONE DATE STAMPED Romanelli Realty Inc. 97-3-3.1 & 6268 6-2-08 Stanley J. 6.1 Isaksen, Jr. Your comments are appreciated by January 6, 2009. Thank you. Encls. ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown~ nor thl~orlc net December 10, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, January 8, 2009 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 December 22nd 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 all 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 ow~ner 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 addr(~ss as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than December 29th: 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 Dec6mber 29th: Please make arrangements to place the enclosed Poster on a signboard such as ~;ardboard, 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 youriAffldavit of Postin,q for receipt by us by January 5, 2009. If you are not able t© 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 Ends. o££ice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hitp://southoldlown.no~lhfork.nel BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 _Mailing Ad_dres~s: 53095 Main Road P.O, Box 1179 Southold, NY 11971-0959 TO: Date: FACSIMILE TRANSMITTAL SHEET Fax # ~1 TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMDER: 765-1809 (press I at voice recordi~g) ROTES/COMMENTS: Please £md altached copy/copies of the fi311owing: Than Sender's hfitials: C~,~,~- NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME'. ROMANELLI REALTY INC. #6268 MAP #: 97-3-3.1 & 97-3-6.1 VARIANCE: UNDERSIZED LOT AREA REQUEST: LOT LINE CHANGE DATE: THURS, JAN. 8, 2009, 2:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 2009 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~ JANUARY 8~ 2009: 2:30 P.M. ROMANELLI REALTY INC. (property formerly of Midgley) - ZBA # 6268 concerning property located at 36660 Route 25 (Main Road) and 200 Skunk Lane, Cutchogue; CTM 97-3-3.1 and 97-3-6.1 (formerly 97-3-3 and 97-3-6). This request is based on the Building Inspector's December 17, 2007 Notice of Disapproval concerning an area variance application for a change of lot line and the applicant's request for approval of an LB Business Zone Parcel containing 63,338.05 square feet. The Notice of Disapproval states that the minimum lot size requirement in the LB Zone District is 80,000 square feet, and the applicant requests approval of a reduced lot size containing 63,338.05 square feet for County Tax Map Parcel 1000-97-3-3.1. 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) 7654809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: December 18, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 r Romanelli Realty LLC "~6268 36660 Main Road, Cutchogue SCTM# 1000-97-3-3.1 CATHERINE MESIANO, INC. 12 MILL POND LANE ......... EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 E-MAIL: CMESIANO@OPTONLINE.NET TO: ZONING BOARD OF APPEALS FROM: Catherine Mesiano SUBJECT: ROMANELLI REALTY LLC #6268 DATE: 12/22/2008 Linda Enclosed please find the white Certified Mail Receipts for the above referenced application together with the Notice as sent and the Affidavit of Mailing. Thanks. Cathy Mesiano Romanelli Realty LLC1~6268 36660 Main Road, Cutchogue SCTM# 1000-97-3-3.1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of Re: Romanelli Realty LLC #6268 SCTM# 1000-97-3-3.1 AFFIDAVIT OF MAILING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CATHERINE MESIANO, residing at 12 MILL POND LANE, EAST MORICHES, NY being duly sworn, depose and say that: On the 22na day of DECEMBER 2008, I personally mailed at the United States Post Office in EAST MORICHES, NY, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors of the Town of Southold for every property which abuts and is across a public or private street or vehicular right-of-way of record, surrounding the applicant's property. Catherine Mesiano Sworn to before me this ~)~day of ~008. Notary Public 9 I~NNE W. HILL 0ta~t Public, State of New ~rk _ - ~1o. 01HI6103497 . Q~difled in SlJffelk Cmmly 01 postmark Here Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delive~ Fee (Endorsement Required) ~,42 $2.?0 $2.20 ~.(X) ~°te' "~t'o~ '~o~erts$5.32 t2/22/2006 62 Montague. St. Apt.# 5A Brooklyn, NY 11201 SCTM # 1000-97-3-5 '/Ulnbu! u~ §u!~am uaq~ 1! luasaJd pus id!aoaJ S!Lil ~ William Bauer s,~r~ 350 Skunk Lane · ~; Cutchogue, NY 11935 SCTM · 1000-97-3-7 '~+, NewYork, NY 10011 'bT SCTM # 1000-97-3-8 Helen Z. Rogers Box 167 Cutchogue, NY 11935 SCTM # 1000-97-3~' -- John G. & Patricia A. Bailey 2155 Skunk Lane w~. Cutchogue, NY 11935 SCTM # 1000-97-3-2 36230 Rt. 25 '~i~+; Cutchogue, NY 11935 ci~ S~SCTM # 1000-97-3-1 -~: Box o~¢C Shelter Island, NY 11964 -b~,-i SCTM # 1000-97-3-9 Tote' ~loan n-e- Ge'n~vese$5.32 s..~ Box 765 -~ Cutchogue, NY 11935 ----"; SCTM# 1000-97-3-11.6 { t2/22/2~8 ' 1212212008 r ~ i · $5,49 r ~ Nicholas Abramo ~ti Box 110 rrU r '~+/~'~; Peconic, NY 11958 "~'~ ';';~-~ ~TM#1000-85-3-1 12/22/2006 TO~' ..... ' ~ $,%49 12/27_/L'~08 Bede{I North Fork 36225 Rt. 25 Cutchogue.# lOOO-S5-2-~NY 11935o.3 ~SCTM ___ To~,. .... I .. $5.49 / 1212212008 SentTo Donna Jannace 1601 Kinsman Lane ~;~;; Marietta, GA 30062-8153 SCTM# 1000-85-3-2.2 Romanelli Realty LLC "~-6268 36660 Main Road, Cutchogue SCTM# 1000-97-3-3.1 Joseph T. Macari, Jr. 36230 Rt. 25 Cutchogue, NY 11935 SCTM # 1000-97-3-1 John G. & Patricia A. Bailey 2155 Skunk Lane Cutchogue, NY 11935 SCTM # 1000-97-3-2 Helen Z. Rogem Box167 Cutchogue, NY 11935 SCTM # 1000-97-3-4 William Midgley, Jr. 200 Skunk Lane Cutchogue, NY 11935 SCTM # 1000-97-3-6.1 William Bauer 350 Skunk Lane Cutchogue, NY 11935 SCTM # 1000-97-3-7 James E. Minnigan 3 Valley Road Box 169 Shelter Island, NY 11964 SCTM # 1000-97-3-9 Joanne Genovese Box 765 Cutchogue, NY 11935 SCTM # 1000-97-3-11.6 Bedell North Fork LLC 36225 Rt. 25 Cu~hogue, NY 11935 SCTM # 1000-85-2-10.3 Cherri Nanninga 250 W. 24th St. New York, NY 10011 SCTM # 1000-97-3-8 Nicholas Abramo Box 110 Peconic, NY 11958 SCTM #1000-85-3-1 Donna Jannace 1601 Kinsman Lane Marietta, GA 30062-8153 SCTM# 1000-85-3-2.2 Carlton Roberts 62 Montague St. Apt. #5A Brooklyn, NY 11201 SCTM #1000-97-3-5 · Complete items 1,2, and 3. Also complete item 4 if Rest~cted Delivery is desired. · Print your name ~nd address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mellpiece, or on the front if space permits. 1. A~icle Addressed to: Nicholas Abramo Box 110 Peconic, NY 11958 SCTM #1000-85-3-1 [] Agent r~ Addressee ,y(PfintedNarne) Date of Deliv i--J Yes D. Is delivery address different f~om [tern 1 ? If YES, enter delive~ address below: [] No [] Certified Melt [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mell [] C.O.D. if dress on C D eot Iv · Attach this ~ s sca permits ' or on the Wont if space P~" ' · be~w' [3No Joanne Genovese Cutchogue, NY 11~o Melt [] Express w~ 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 meltpiece, or on the Wont if space permits. 1. A~icte Addressed to: t fmmitem yes D. I.· If YES, enter deltve~ address below: ~ John G. & Patricia A. Bailey 2155 Skunk Lane Cutchogue, NY 11935 SCTM # 1000-g7-3-2 · Complete items 1,2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name and addmes on the reverse so that we can retum the card to you. · Attach this card to the back of the mellpiece, or on the front if space permits. 1. ArticleAddmssedto: Joseph T. Macari, Jr. 36230 Rt. 25 Cutchogue, NY 11935 SCTM # 1000-97-3-1 Ora PS Fo I by ( Pdnted Name) Is delivery address d YES, enter daiNery address below: 3. Se~lce Type r-I Certified Mail [] Express Mall [] Registered [] Retum Receipt for Memhandise [] Insured Mall [] C.O.D. · 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 tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArticleAddressedto: [] Addressee Date of Delivery D. Is dali's3/address different from item 17 [] yes If YES, enter delive~ address below: [] No Donna Jannace 1601 Kinsman Lane Marietta, GA 30062-8153 SCTM# 1000-85-3-2,2 3. Se~ice Type [] Certified Mail [] Expmes Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Restricted Delivery? (Extra Fee) [] yes 2. ArticleNumber 7001 2510 0004 1&73 1774 PS Form 3811, February 2004 Domes~ Relum Rec~pt 102S95-02-~-lS40 · 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. A~icle Addmssed to: William Midgley, Jr. 200 Skunk Lane Cutchogue, NY 11935 SCTM # 1000-97-3-6.1 3. Service Type [] Ce~tlflad Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted DaiIve~? (Ex~a Fee) [] Yes 2. Article Number 7001 2510 0004 1873 1699 i PS Form 3811, February 2004 · 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: ). Is delivery address different yes if YES, enter delivery address below: ~.No Helen Z. Rogers Box 167 Cutchogue, NY 11935 sCTM # 1000-97-3-4 i' Sewice Type r-I ~ Mall r"l Express Mail r-'l Registered T"I Return Receipt for Merchandise [] tnsured Mai~ [] C.O.D. EYes · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. iff Print your name and address on the reverse that we can return the card to you. so .... -~ ,~ *he back of the mailpiece, or on the front if space permits. '3 Agent Date of Delivery item 17 []yes If YES, ente~ detivery addreSS below: [] No Bedell North Fork LLC 36225 Rt. 25 Cutchogue, NY 11935 SCTM # 1000-85-2-10.3 [] F.~pmes Ma[ [] Certified Mai~ Return Rune[pt for Merchandise [] Regtstemd [] [] insured Mall [] C.O.D. 4. Restricted Deliver? (Extra Fee) [] yes PS Form 3811, FebruarY 2 ' ' · Complete items 1,2, and 3. Also complete item 4 if Restricted Delive~ 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. Afficte Addressed to: James E. Minnigan 3 Valley Road Box 169 Shelter Island, NY 11964 SCTM # 1000-97-3-9 2. A~tlcle Number 7 0 (9 1 ~,,~.~,~ ~ sen, ice label) ] Agent -/yes RYES, , addma~ below: [] No ri R~glst~d [] Retu~ Reselpt for M~hand~ [] I~sured Mall [] C.O.D. 4. Restflcted Dellvel3~ ('Ex''~a Fes) OYes 2510 0004 1873 1729 ~ PS Form 3811, FebruarY 2004 Demerit ~ ~ 1025954~-M-154~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address 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. 1. ArticleAddressedto: William Bauer 350 Skunk Lane Cutchogue, NY 11935 SCTM # 1000-97-3.7 2. Article. Number ~'~ns~' ~r~ ~-:,~ ~) 7001 ;:510 3. Service Type [] Certified Mall [] Express Mail [] Registered [] Retum Receipt for Memhandifie [] Insured Mail [] C.O.D. 4. Restricted Daiivei~? (Extra Fee) [] Yes 0004 1873 1705 PS Form 3811, February 2004 Domestic Return Receipt 7001 2510 0004 1873 1750 / Carlton Roberts 62 Montague. St, Aptll 5A Brooklyn, NY 11201 i1~. · ~0 BOX ~ - Romanelli Realty LLC 36660 Main Road, Cutchogue SCTM# 1000-97-3-3.1 CATHERINE MESIANO, INC. 12 Mill Pond Lane East Moriches, NY 11940 Phone/Fax: 631-878-8951 e-mail: cmesiano@optoniine.net TO: ZONING BOARD OF APPEALS FROM: Catherine Mesiano SUBJECT: Romanelli Realty LLC #6268 DATE: Linda Enclosed please find the green Return Receipts I've received to date for the above referenced application. Thanks. Cathy Mesiano ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of ROMANELLI REALTY INC. (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 97 - 3 3. i COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CATHERINE MESIANO residing at 12 MILL POND LANE EAST MORIOHES , New York. being duly sworn, depose and say that: On the 28th day of DECEMBER ,200 8 I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (1 O) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date. yehich hearing dat~/a~s shown~to be Sworn to before me this .~+~ day of ,Jo, x,, . 20C9 . (Notary Publi~:)" -- ANNE W. HILL Notary Public, State of New York No. 01HJ6103497 r, Qualified in Suffo k County -ommission Expires Dec. 29,20 ~ *near the entrance or dnveway entrance of my property, as the area most visible to passersby, C ERINE MESIANO, I 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 e-mail: cmesia no~ optonline,net December 22, 2008 Re; Romanelli Realty LLC ~6268 36660 Main Road, Cutchogue SCTM# 1000-97-3-3.1 Dear Sir or Madam: I am the agent for the above referenced applicant who is requesting variances from the Southold Town Board of Appeals. Enclosed please find a copy of the Legal Notice and plan describing the nature of the request. Should you have any questions or comments, I can be reached 631-878-8951 during regular business hours. Very truly yours, President Enclosures Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailiw, 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 January 30, 2009 Regular Mail and Fax Transmission Mr. John Romanelli Romanell/Realty P.O. Box 696 Southold, NY 11971 Re: ZBA # 6268 - Request for Variance regarding Amended Lot Sizes Dear Mr. Romanelli: Please find enclosed a copy of the Zoning Board of Appeals determination rendered at its January 22, 2009 Meeting. The original was transmitted to the Town Clerk's Office for filing and permanent recordkeeping and to the Planning Board for their update. Thank you. Very truly yours, Linda Kowalski Encl. Copies of Decision also sent to: Catherine Mesiano, Inc. ¢%~ ~) Planning Board Building Department 31.$ NOTICE COUNTY OF SUFFOLK (~ Re(~ Properly Tax Service Agency ~mcT m lO00 097